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25 U.S.C. § 4225 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Department of Hawaiian Home Lands; Department** — The term “Department of Hawaiian Home Lands” or “Department” means the agency or department of the government of the State of Hawaii that is responsible for the administration of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.).
(2) **Director** — The term “Director” means the Director of the Department of Hawaiian Home Lands.
(3) **Elderly families; near-elderly families**
(A) *In general* — The term “elderly family” or “near-elderly family” means a family whose head (or his or her spouse), or whose sole member, is—
(i) for an elderly family, an elderly person; or
(ii) for a near-elderly family, a near-elderly person.
(B) *Certain families included* — The term “elderly family” or “near-elderly family” includes—
(i) two or more elderly persons or near-elderly persons, as the case may be, living together; and
(ii) one or more persons described in clause (i) living with one or more persons determined under the housing plan to be essential to their care or well-being.
(4) **Hawaiian Home Lands** — The term “Hawaiian Home Lands” means lands that—
(A) have the status as Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 110); or
(B) are acquired pursuant to that Act.
(5) **Housing area** — The term “housing area” means an area of Hawaiian Home Lands with respect to which the Department of Hawaiian Home Lands is authorized to provide assistance for affordable housing under this chapter.
(6) **Housing entity** — The term “housing entity” means the Department of Hawaiian Home Lands.
(7) **Housing plan** — The term “housing plan” means a plan developed by the Department of Hawaiian Home Lands.
(8) **Median incom
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Stable record: federal_law:legal_authorities:record_usc_0b31a378bab216f1582e0f2e
Source file: Laws/federal/codes/united-states-code/title-25/section-4225-definitions--3c48f0f5fe.md
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Source location: Title 25, Chapter 43, § 4225; chapter-043-native-american-housing-assistance-and-self-determination.md
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In this subchapter:
(1) **Department of Hawaiian Home Lands; Department** — The term “Department of Hawaiian Home Lands” or “Department” means the agency or department of the government of the State of Hawaii that is responsible for the administration of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.).
(2) **Director** — The term “Director” means the Director of the Department of Hawaiian Home Lands.
(3) **Elderly families; near-elderly families**
(A) *In general* — The term “elderly family” or “near-elderly family” means a family whose head (or his or her spouse), or whose sole member, is—
(i) for an elderly family, an elderly person; or
(ii) for a near-elderly family, a near-elderly person.
(B) *Certain families included* — The term “elderly family” or “near-elderly family” includes—
(i) two or more elderly persons or near-elderly persons, as the case may be, living together; and
(ii) one or more persons described in clause (i) living with one or more persons determined under the housing plan to be essential to their care or well-being.
(4) **Hawaiian Home Lands** — The term “Hawaiian Home Lands” means lands that—
(A) have the status as Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 110); or
(B) are acquired pursuant to that Act.
(5) **Housing area** — The term “housing area” means an area of Hawaiian Home Lands with respect to which the Department of Hawaiian Home Lands is authorized to provide assistance for affordable housing under this chapter.
(6) **Housing entity** — The term “housing entity” means the Department of Hawaiian Home Lands.
(7) **Housing plan** — The term “housing plan” means a plan developed by the Department of Hawaiian Home Lands.
(8) **Median income** — The term “median income” means, with respect to an area that is a Hawaiian housing area, the greater of—
(A) the median income for the Hawaiian housing area, which shall be determined by the Secretary; or
(B) the median income for the State of Hawaii.
(9) **Native Hawaiian** — The term “Native Hawaiian” means any individual who is—
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people, who, prior to 1778, occupied and exercised sovereignty in the area that currently constitutes the State of Hawaii, as evidenced by—
(i) genealogical records;
(ii) verification by kupuna (elders) or kamaʻaina (long-term community residents); or
(iii) birth records of the State of Hawaii.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) there is no national museum devoted exclusively to the history and art of cultures indigenous to the Americas;
(2) although the Smithsonian Institution sponsors extensive Native American programs, none of its 19 museums, galleries, and major research facilities is devoted exclusively to Native American history and art;
(3) the Heye Museum in New York, New York, one of the largest Native American collections in the world, has more than 1,000,000 art objects and artifacts and a library of 40,000 volumes relating to the archaeology, ethnology, and history of Native American peoples;
(4) the Heye Museum is housed in facilities with a total area of 90,000 square feet, but requires a minimum of 400,000 square feet for exhibition, storage, and scholarly research;
(5) the bringing together of the Heye Museum collection and the Native American collection of the Smithsonian Institution would—
(A) create a national institution with unrivaled capability for exhibition and research;
(B) give all Americans the opportunity to learn of the cultural legacy, historic grandeur, and contemporary culture of Native Americans;
(C) provide facilities for scholarly meetings and the performing arts;
(D) make available curatorial and other learning opportunities for Indians; and
(E) make possible traveling exhibitions to communities throughout the Nation;
(6) by order of the Surgeon General of the Army, approximately 4,000 Indian human remains from battlefields and burial sites were sent to the Army Medical Museum and were later transferred to the Smithsonian Institution;
(7) through archaeological excavations, individual donations, and museum donations, the Smithsonian Institution has acquired approximately 14,000 additional Indian human remain
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2982, Pub. L. 88–452, title VII, § 711, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2316, set forth Congressional statement of policy with respect to urban and rural special impact programs.
Section 2982a, Pub. L. 88–452, title VII, § 712, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–386, § 2(b), Aug. 23, 1974, 88 Stat. 745; Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2316; Pub. L. 94–341, § 2(b)(1), July 6, 1976, 90 Stat. 805; Pub. L. 95–568, § 14(c), Nov. 2, 1978, 92 Stat. 2437, related to establishment and scope of programs.
Section 2982b, Pub. L. 88–452, title VII, § 713, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2317; Pub. L. 95–568, §§ 14(d), (e), 17(a)(36), Nov. 2, 1978, 92 Stat. 2437, 2443, set forth financial assistance requirements for programs.
Section 2982c, Pub. L. 88–452, title VII, § 714, as added Pub. L. 92–424, § 25(a), Sept. 19, 1972, 86 Stat. 699; amended Pub. L. 93–644, § 10(a), Jan. 4, 1975, 88 Stat. 2318; Pub. L. 94–341, § 2(b)(2), (3), July 6, 1976, 90 Stat. 805; Pub. L. 95–568, § 14(f), Nov. 2, 1978, 92 Stat. 2438, related to Federal share of program costs.
#### Effective Date of Repeal
Repeal effective Oct. 1, 1981, see [section 9912(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9912/a&num=0&edition=prelim), prior to the general amendment of chapter 106 (§ 9901 et seq.) of this title by Pub. L. 105–285.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2991
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter, the term—
(1) “burial site” means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture, individual human remains are deposited.
(2) “cultural affiliation” means that there is a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe or Native Hawaiian organization and an identifiable earlier group.
(3) “cultural items” means human remains and—
(A) “associated funerary objects” which shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, and both the human remains and associated funerary objects are presently in the possession or control of a Federal agency or museum, except that other items exclusively made for burial purposes or to contain human remains shall be considered as associated funerary objects.11 So in original. The period probably should be a comma.
(B) “unassociated funerary objects” which shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, where the remains are not in the possession or control of the Federal agency or museum and the objects can be identified by a preponderance of the evidence as related to specific individuals or families or to known human remains or, by a preponderance of the evidence, as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe,
(C) “sacred objects” which
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
On and after August 11, 1978, it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1996
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
**(a)** “The Community” means the European Atomic Energy Community (EURATOM).
**(b)** The “Commission” means the Atomic Energy Commission, as established by the Atomic Energy Act of 1954, as amended [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.].
**(c)** “Joint program” means the cooperative program established by the Community and the United States and carried out in accordance with the provisions of an agreement for cooperation entered into pursuant to the provisions of [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim), to bring into operation in the territory of the members of the Community powerplants using nuclear reactors of types selected by the Commission and the Community, having as a goal a total installed capacity of approximately one million kilowatts of electricity by December 31, 1963, except that two reactors may be selected to be in operation by December 31, 1965.
**(d)** All other terms used in this subchapter shall have the same meaning as terms described in [section 2014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2291
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–665, title IV, § 406, as added Pub. L. 102–575, title XL, § 4022, Oct. 30, 1992, 106 Stat. 4767, related to grants and transfers, contracts and cooperative agreements, and appropriations. See [section 305305 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section305305&num=0&edition=prelim), National Park Service and Related Programs.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress hereby finds and declares that, in keeping with the traditional American concept of the inherent dignity of the individual in our democratic society, the older people of our Nation are entitled to, and it is the joint and several duty and responsibility of the governments of the United States, of the several States and their political subdivisions, and of Indian tribes to assist our older people to secure equal opportunity to the full and free enjoyment of the following objectives:
(1) An adequate income in retirement in accordance with the American standard of living.
(2) The best possible physical and mental health (including access to person-centered, trauma-informed services as appropriate) which science can make available and without regard to economic status.
(3) Obtaining and maintaining suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.
(4) Full restoration services for those who require institutional care, and a comprehensive array of community-based, long-term care services adequate to appropriately sustain older people in their communities and in their homes, including support to family members and other persons providing voluntary care to older individuals needing long-term care services.
(5) Opportunity for employment with no discriminatory personnel practices because of age.
(6) Retirement in health, honor, dignity—after years of contribution to the economy.
(7) Participating in and contributing to meaningful activity within the widest range of civic, cultural, education and training and recreational opportunities.
(8) Efficient community services, including access to low-cost transportation, which provide a choice in supported living ar
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payments** The Secretary may award grants under this subchapter in installments, in advance, or by way of reimbursement and may make necessary adjustments in payments of grants on account of overpayments or underpayments.
**(b) Recovery of overpayments**
(1) If the Secretary or a court of competent jurisdiction finds that—
(A) any person—
(i) has—
(I) made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or
(II) knowingly failed, or caused another to fail, to disclose a material fact; and
(ii) as a result of such action, has received any funds under this subchapter which such person would not have otherwise received, or
(B) any person misappropriates any funds paid by the Secretary under this subchapter,
such person shall be liable to repay the amount of such funds to the United States. Any such finding by the Secretary may be made only after an opportunity for a fair hearing.
(2) Any amount repaid under this subsection shall be returned to the general fund of the Treasury of the United States.
**(c) Penalties** Whoever—
(1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for such person or for any other person any payment of funds provided under this subchapter, or
(2) misappropriates any funds provided under this subchapter,
shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Aggregate fiscal year limitation** Notwithstanding any other provision of law and subject only to the absence of qualified applicants or proposed activities and to the authority provided in this subchapter, to the extent approved or provided in appropriations Acts, the Secretary may enter into commitments to guarantee notes and obligations under this subchapter with an aggregate principal amount not to exceed $400,000,000 for each of fiscal years 2009 through 2013.
**(b) Authorization of appropriations for credit subsidy** There are authorized to be appropriated to cover the costs (as such term is defined in [section 661a of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section661a&num=0&edition=prelim)) of guarantees under this subchapter such sums as may be necessary for each of fiscal years 2009 through 2013.
**(c) Aggregate outstanding limitation** The total amount of outstanding obligations guaranteed on a cumulative basis by the Secretary pursuant to this subchapter shall not at any time exceed $2,000,000,000 or such higher amount as may be authorized to be appropriated for this subchapter for any fiscal year.
**(d) Fiscal year limitations on tribes** The Secretary shall monitor the use of guarantees under this subchapter by Indian tribes. If the Secretary finds that 50 percent of the aggregate guarantee authority under subsection (c) has been committed, the Secretary may—
(1) impose limitations on the amount of guarantees any one Indian tribe may receive in any fiscal year of $50,000,000; or
(2) request the enactment of legislation increasing the aggregate outstanding limitation on guarantees under this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4221
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual review**
(1) **In general** — The Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether—
(A) the Director has—
(i) carried out eligible activities under this subchapter in a timely manner;
(ii) carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and
(iii) a continuing capacity to carry out the eligible activities in a timely manner;
(B) the Director has complied with the housing plan submitted by the Director under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim); and
(C) the performance reports of the Department under section 4240 11 So in original. Probably should be section “4239”. of this title are accurate.
(2) **Onsite visits** — Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development.
**(b) Report by Secretary** The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department.
**(c) Effect of reviews** The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4101
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