114 STAT. 2964 PUBLIC LAW 106-569—DEC. 27, 2000 (f) ALLOCATION FORMULA.—Section 302(d)(1) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4152(d)(1)) is amended— (1) by striking "The formula," and inserting the following: "(A) IN GENERAL.—Except with respect to an Indian tribe described in subparagraph (B), the formula"; and (2) by adding at the end the following: "(B) CERTAIN INDIAN TRIBES. — With respect to fiscal year 2001 and each fiscal year thereafter, for any Indian tribe with an Indian housing authority that owns or operates fewer than 250 public housing units, the formula shall provide that if the amount provided for a fiscal year in which the total amount made available for assistance under this Act is equal to or greater than the amount made available for fiscal year 1996 for assistance for the operation and modernization of the public housing referred to in subparagraph (A), then the amount provided to that Indian tribe as modernization assistance shall be equal to the average annual amount of funds provided to the Indian tribe (other than funds provided as emergency assistance) under the assistance program under section 14 of the United States Housing Act of 1937 (42 U.S.C. 14371) for the period beginning with fiscal year 1992 and ending with fiscal year 1997.". (g) HEARING REQUIREMENT. — Section 401(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(a)) is amended— (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and realigning such subparagraphs (as so redesignated) so as to be indented 4 ems from the left margin; (2) by striking "Except as provided" and inserting the following: "(1) IN GENERAL. —Except as provided"; (3) by striking "If the Secretary takes an action under paragraph (1), (2), or (3)" and inserting the following: "(2) CONTINUANCE OF ACTIONS.—I f the Secretary takes an action under subparagraph (A), (B), or (C) of paragraph (1)"; and (4) by adding at the end the following: "(3) EXCEPTION FOR CERTAIN ACTIONS.— "(A) IN GENERAL. —Notwithstanding any other provision of this subsection, if the Secretary makes a determination that the failure of a recipient of assistance under this Act to comply substantially with any material provision (as that term is defined by the Secretary) of this Act is resulting, and would continue to result, in a continuing expenditure of Federal funds in a manner that is not authorized by law, the Secretary may take an action described in paragraph (1)(C) before conducting a hearing. "(B) PROCEDURAL REQUIREMENT. —If the Secretary takes an action described in subparagraph (A), the Secretary shall— Notice. "(i) provide notice to the recipient at the time that the Secretary takes that action; and
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