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25 U.S.C. § 4223 — 50-year leasehold interest in trust or restricted lands for housing purposes
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to lease** Notwithstanding any other provision of law, any trust or restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, subject to the approval of the affected Indian tribe and the Secretary of the Interior, for housing development and residential purposes.
**(b) Term** Each lease pursuant to subsection (a) shall be for a term not exceeding 50 years.
**(c) Rule of construction** This section may not be construed to repeal, limit, or affect any authority to lease any trust or restricted Indian lands that—
(1) is conferred by or pursuant to any other provision of law; or
(2) provides for leases for any period exceeding 50 years.
**(d) Self-implementation** This section is intended to be self-implementing and shall not require the issuance of any rule, regulation, or order to take effect as provided in section 705.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4223
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Stable record: federal_law:legal_authorities:record_usc_88b01aac1d71259e93c675ad
Source file: Laws/federal/codes/united-states-code/title-25/section-4223-50-year-leasehold-interest-in-trust-or-restricted-lands-for-housing-purp--d835e72e8d.md
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Source location: Title 25, Chapter 43, § 4223; chapter-043-native-american-housing-assistance-and-self-determination.md
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**(a) Authority to lease** Notwithstanding any other provision of law, any trust or restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, subject to the approval of the affected Indian tribe and the Secretary of the Interior, for housing development and residential purposes.
**(b) Term** Each lease pursuant to subsection (a) shall be for a term not exceeding 50 years.
**(c) Rule of construction** This section may not be construed to repeal, limit, or affect any authority to lease any trust or restricted Indian lands that—
(1) is conferred by or pursuant to any other provision of law; or
(2) provides for leases for any period exceeding 50 years.
**(d) Self-implementation** This section is intended to be self-implementing and shall not require the issuance of any rule, regulation, or order to take effect as provided in section 705.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Department of Hawaiian Home Lands** — The term “Department of Hawaiian Home Lands” 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) **Eligible entity** — The term “eligible entity” means a Native Hawaiian family, the Department of Hawaiian Home Lands, the Office of Hawaiian Affairs, and private nonprofit or private for-profit organizations experienced in the planning and development of affordable housing for Native Hawaiians.
(3) **Family** — The term “family” means one or more persons maintaining a household, as the Secretary shall by regulation provide.
(4) **Guarantee Fund** — The term “Guarantee Fund” means the Native Hawaiian Housing Loan Guarantee Fund established under subsection (j).
(5) **Hawaiian Home Lands** — The term “Hawaiian Home Lands” means lands that—
(A) have the status of Hawaiian Home Lands under section 204 of the Hawaiian Homes Commission Act (42 Stat. 110); or
(B) are acquired pursuant to that Act.
(6) **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 kama’aina (long-term community residents); or
(iii) birth records of the State of Hawaii.
(7) **Office of Hawaiian Affairs** — The term “Office of Hawaiian Affairs” means the entity of that name established under the constitution of the State of Hawaii.
**(b) Authority** To provide acc
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1735f–17
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant authority** For each fiscal year, the Secretary shall (to the extent amounts are made available to carry out this subchapter) make a grant under this subchapter to the Department of Hawaiian Home Lands to carry out affordable housing activities for Native Hawaiian families who are eligible to reside on the Hawaiian Home Lands.
**(b) Plan requirement**
(1) **In general** — The Secretary may make a grant under this subchapter to the Department of Hawaiian Home Lands for a fiscal year only if—
(A) the Director has submitted to the Secretary a housing plan for that fiscal year; and
(B) the Secretary has determined under [section 4224 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4224&num=0&edition=prelim) that the housing plan complies with the requirements of [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim).
(2) **Waiver** — The Secretary may waive the applicability of the requirements under paragraph (1), in part, if the Secretary finds that the Department of Hawaiian Home Lands has not complied or cannot comply with those requirements due to circumstances beyond the control of the Department of Hawaiian Home Lands.
**(c) Use of funds for affordable housing activities under plan** Except as provided in subsection (e), amounts provided under a grant under this section may be used only for affordable housing activities under this subchapter that are consistent with a housing plan approved under [section 4224 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4224&num=0&edition=prelim).
**(d) Administrative expenses**
(1) **In general** — The Secretary shall, by regulation, authorize th
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4226
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Review and notice**
(1) **Review**
(A) *In general* — The Secretary shall conduct a review of a housing plan submitted to the Secretary under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim) to ensure that the plan complies with the requirements of that section.
(B) *Limitation* — The Secretary shall have the discretion to review a plan referred to in subparagraph (A) only to the extent that the Secretary considers that the review is necessary.
(2) **Notice**
(A) *In general* — Not later than 60 days after receiving a plan under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim), the Secretary shall notify the Director of the Department of Hawaiian Home Lands whether the plan complies with the requirements under that section.
(B) *Effect of failure of Secretary to take action* — For purposes of this subchapter, if the Secretary does not notify the Director, as required under this subsection and subsection (b), upon the expiration of the 60-day period described in subparagraph (A)—
(i) the plan shall be considered to have been determined to comply with the requirements under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim); and
(ii) the Director shall be considered to have been notified of compliance.
**(b) Notice of reasons for determination of noncompliance** If the Secretary determines that a plan submitted under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim) does not comply with the requirements of that section
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4228
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) 11 So in original. No subsec. (b) has been enacted. National objectives and eligible families**
(1) **Primary objective** — The national objectives of this subchapter are—
(A) to assist and promote affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy environments for occupancy by low-income Native Hawaiian families;
(B) to ensure better access to private mortgage markets and to promote self-sufficiency of low-income Native Hawaiian families;
(C) to coordinate activities to provide housing for low-income Native Hawaiian families with Federal, State, and local activities to further economic and community development;
(D) to plan for and integrate infrastructure resources on the Hawaiian Home Lands with housing development; and
(E) to—
(i) promote the development of private capital markets; and
(ii) allow the markets referred to in clause (i) to operate and grow, thereby benefiting Native Hawaiian communities.
(2) **Eligible families**
(A) *In general* — Except as provided under subparagraph (B), assistance for eligible housing activities under this subchapter shall be limited to low-income Native Hawaiian families.
(B) *Exception to low-income requirement*
(i) *In general* — The Director may provide assistance for homeownership activities under—
(I) [section 4229(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4229/b&num=0&edition=prelim);
(II) model activities under [section 4229(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4229/f&num=0&edition=prelim); or
(III) loan guarantee activities under [section 1715z–13b of title 12](https://uscode.house.gov/view.xhtml?req=
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4232
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to [section 4230 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4230&num=0&edition=prelim) and an applicable housing plan approved under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim), the Director shall have—
(1) the discretion to use grant amounts for affordable housing activities through the use of—
(A) equity investments;
(B) interest-bearing loans or advances;
(C) noninterest-bearing loans or advances;
(D) interest subsidies;
(E) the leveraging of private investments; or
(F) any other form of assistance that the Secretary determines to be consistent with the purposes of this subchapter; and
(2) the right to establish the terms of assistance provided with funds referred to in paragraph (1).
**(b) Investments** The Director may invest grant amounts for the purposes of carrying out affordable housing activities in investment securities and other obligations, as approved by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4235
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Leases** Except to the extent otherwise provided by or inconsistent with the laws of the State of Hawaii, in renting dwelling units in affordable housing assisted with grant amounts provided under this subchapter, the Director, owner, or manager shall use leases that—
(1) do not contain unreasonable terms and conditions;
(2) require the Director, owner, or manager to maintain the housing in compliance with applicable housing codes and quality standards;
(3) require the Director, owner, or manager to give adequate written notice of termination of the lease, which shall be the period of time required under applicable State or local law;
(4) specify that, with respect to any notice of eviction or termination, notwithstanding any State or local law, a resident shall be informed of the opportunity, before any hearing or trial, to examine any relevant documents, record, or regulations directly related to the eviction or termination;
(5) require that the Director, owner, or manager may not terminate the tenancy, during the term of the lease, except for serious or repeated violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or for other good cause; and
(6) provide that the Director, owner, or manager may terminate the tenancy of a resident for any activity, engaged in by the resident, any member of the household of the resident, or any guest or other person under the control of the resident, that—
(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other residents or employees of the Department, owner, or manager;
(B) threatens the health or safety of, or right to peaceful enjoyment of their premises by, persons residing in the immediate vicinity of the premises; or
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4237
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement** For each fiscal year, the Director shall—
(1) review the progress the Department has made during that fiscal year in carrying out the housing plan submitted by the Department under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim); and
(2) submit a report to the Secretary (in a form acceptable to the Secretary) describing the conclusions of the review.
**(b) Content** Each report submitted under this section for a fiscal year shall—
(1) describe the use of grant amounts provided to the Department of Hawaiian Home Lands for that fiscal year;
(2) assess the relationship of the use referred to in paragraph (1) to the goals identified in the housing plan;
(3) indicate the programmatic accomplishments of the Department; and
(4) describe the manner in which the Department would change its housing plan submitted under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim) as a result of its experiences.
**(c) Submissions** The Secretary shall—
(1) establish a date for submission of each report under this section;
(2) review each such report; and
(3) with respect to each such report, make recommendations as the Secretary considers appropriate to carry out the purposes of this subchapter.
**(d) Public availability**
(1) **Comments by beneficiaries** — In preparing a report under this section, the Director shall make the report publicly available to the beneficiaries of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.) and give a sufficient amount of time to permit those beneficiaries to comment on that report before it is submitted to the Secretary (in such manner and at such t
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4243
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Federal law — U.S. Code and appendices · legal_authorities
Page 667
TITLE 25—INDIANS
§ 4223
‘‘(D) authorizing Native Hawaiian representation
on the National Commission on American Indian,
Alaska Native, and Native Hawaiian Housing under
Public Law 101–235 [see Tables for classification];
‘‘(E) the inclusion of Native Hawaiians in the def-
inition under section 3764 [now 3765] of title 38,
United States Code, applicable to subchapter V of
chapter 37 of title 38, United States Code (relating
to a housing loan program for Native American vet-
erans); and
‘‘(F) the enactment of the Hawaiian Home Lands
Recovery Act (109 Stat. 357; 48 U.S.C. 491, note
prec.) [Pub. L. 104–42, title II] which establishes a
process for the conveyance of Federal lands to the
Department of Hawaiian Homes Lands that are
equivalent in value to lands acquired by the United
States from the Hawaiian Home Lands inventory.’’
Substantially identical provisions were contained in
Pub. L. 106–568, title II, § 202, Dec. 27, 2000, 114 Stat. 2872.
§ 4222. Block grants for affordable housing activi-
ties
(a) Grant authority
For each fiscal year, the Secretary shall (to
the extent amounts are made available to carry
out this subchapter) make a grant under this
subchapter to the Department of Hawaiian
Home Lands to carry out affordable housing ac-
tivities for Native Hawaiian families who are el-
igible to reside on the Hawaiian Home Lands.
(b) Plan requirement
(1) In general
The Secretary may make a grant under this
subchapter to the Department of Hawaiian
Home Lands for a fiscal year only if—
(A) the Director has submitted to the Sec-
retary a housing plan for that fiscal year;
and
(B) the Secretary has determined under
section 4224 of this title that the housing
plan complies with the requirements of sec-
tion 4223 of this title.
(2) Wai
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 4223
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.