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20 U.S.C. § 4401 — Administrative provisions

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4401 — Administrative provisions

**(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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Source location: Title 20, Chapter 56, § 4401; chapter-056-american-indian-alaska-native-and-native-hawaiian-culture-and-art-development.md

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7512 — Findings

Congress finds the following: (1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, Britain, France, and Japan, as evidenced by treaties governing friendship, commerce, and navigation. (2) At the time of the arrival of the first nonindigenous people in Hawaii in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient subsistence social system based on a communal land tenure system with a sophisticated language, culture, and religion. (3) A unified monarchal government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii. (4) From 1826 until 1893, the United States recognized the sovereignty and independence of the Kingdom of Hawaii, which was established in 1810 under Kamehameha I, extended full and complete diplomatic recognition to the Kingdom of Hawaii, and entered into treaties and conventions with the Kingdom of Hawaii to govern friendship, commerce and navigation in 1826, 1842, 1849, 1875, and 1887. (5) In 1893, the sovereign, independent, internationally recognized, and indigenous government of Hawaii, the Kingdom of Hawaii, was overthrown by a small group of non-Hawaiians, including United States citizens, who were assisted in their efforts by the United States Minister, a United States naval representative, and armed naval forces of the United States. Because of the participation of United States agents and citizens in the overthrow of the Kingdom of Hawaii, in 1993 the United States apologized to Native Hawaiians for the overthrow and the deprivation of the rights of Native Hawaiians to self-dete

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4225 — Definitions

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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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4401 — Findings

Page 1239 TITLE 20—EDUCATION § 4411 Sec. SUBCHAPTER II—NATIVE HAWAIIANS AND ALASKA NATIVES 4441. Program for Native Hawaiian and Alaska Na- tive culture and arts development. 4442. Administrative provisions. SUBCHAPTER III—AUTHORIZATION OF APPROPRIATIONS 4451. Authorization of appropriations. § 4401. Findings The Congress finds that— (1) Indian art and culture and Native Hawai- ian art and culture have contributed greatly to the artistic and cultural richness of the Na- tion; (2) Indian art and culture and Native Hawai- ian art and culture occupy a unique position in American history as being our only native art form and cultural heritage; (3) the enhancement and preservation of this Nation’s native art and culture has a funda- mental positive influence on the American people; (4) although the encouragement and support of Indian and Native Hawaiian arts and crafts are primarily a matter for private, local, and Indian and Native Hawaiian initiative, it is also an appropriate matter of concern to the Federal Government; (5) it is appropriate and necessary for the Federal Government to support research and scholarship in Indian art and culture and Na- tive Hawaiian art and culture and to com- plement programs for the advancement of such art and culture by tribal, private, and public agencies and organizations; (6) current Federal initiatives in the area of Indian art and culture and Native Hawaiian art and culture are fragmented and inad- equate; and (7) in order to coordinate the Federal Gov- ernment’s effort to preserve, support, revi- talize, and disseminate Indian art and culture and Native Hawaiian art and culture, it is de- sirable to establish— (A) a national Institute of American In- dian and Alaska Native Culture and Arts De- vel

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