2018 US Code
Title 25 - Indians
Chapter 17 - Financing Economic Development of Indians and Indian Organizations
Subchapter II - Loan Guaranty and Insurance
Sec. 1496 - Powers of Secretary; finality of financial transactions and property acquisitions, management, and dispositions

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Citation 25 U.S.C. § 1496 (2018)
Section Name §1496. Powers of Secretary; finality of financial transactions and property acquisitions, management, and dispositions
Section Text

The financial transactions of the Secretary incident to or arising out of the guarantee or insurance of loans and surety bonds, and the acquisition, management, and disposition of property, real, personal, or mixed, incident to such activities, shall be final and conclusive upon all officers of the Government. With respect to matters arising out of the guaranty or insurance program authorized by this subchapter, and notwithstanding the provisions of any other laws, the Secretary may—

(a) sue and be sued in his official capacity in any court of competent jurisdiction;

(b) subject to the specific limitations in this subchapter, consent to the modification, with respect to the rate of interest, time of payment on principal or interest or any portion thereof, security, or any other provisions of any note, contract, mortgage, or other instrument securing a loan or surety bond which has been guaranteed or insured hereunder;

(c) subject to the specific limitations in this subchapter, pay, or compromise, any claim on, or arising because of any loan or surety bond guaranty or insurance;

(d) subject to the specific limitations in this subchapter, pay, compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including, but not limited to, any equity or right of redemption;

(e) purchase at any sale, public or private, upon such terms and for such prices as he determines to be reasonable, and take title to property, real, personal, or mixed; and similarly sell, at public or private sale, exchange, assign, convey, or otherwise dispose of such property; and

(f) complete, administer, operate, obtain, and pay for insurance on, and maintain, renovate, repair, modernize, lease, or otherwise deal with any property acquired or held pursuant to the guaranty or insurance program authorized by this subchapter.

Source Credit

(Pub. L. 93–262, title II, §216, Apr. 12, 1974, 88 Stat. 81; Pub. L. 100–442, §5(c), Sept. 22, 1988, 102 Stat. 1764.)

Editorial Notes AMENDMENTS

1988—Pub. L. 100–442 inserted "and surety bonds" after "of loans" in introductory text, "or surety" after "a loan" in par. (b), and "or surety" after "any loan" in par. (c).

Publication Title United States Code, 2018 Edition, Title 25 - INDIANS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 25 - INDIANS
CHAPTER 17 - FINANCING ECONOMIC DEVELOPMENT OF INDIANS AND INDIAN ORGANIZATIONS
SUBCHAPTER II - LOAN GUARANTY AND INSURANCE
Sec. 1496 - Powers of Secretary; finality of financial transactions and property acquisitions, management, and dispositions
Contains section 1496
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law No
Disposition standard
Statutes at Large References 88 Stat. 81
102 Stat. 1764
Public Law References Public Law 93-262, Public Law 100-442
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