25 U.S.C. § 4223 — Housing plan

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) Waiver The Secretary may waive the applicability of the requirements under paragraph (1), in part, if the Secretary finds that the Depart- ment of Hawaiian Home Lands has not com- plied or cannot comply with those require- ments due to circumstances beyond the con- trol 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. (d) Administrative expenses (1) In general The Secretary shall, by regulation, author- ize the Department of Hawaiian Home Lands to use a percentage of any grant amounts re- ceived under this subchapter for any reason- able administrative and planning expenses of the Department relating to carrying out this subchapter and activities assisted with those amounts. (2) Administrative and planning expenses The administrative and planning expenses referred to in paragraph (1) include— (A) costs for salaries of individuals en- gaged in administering and managing afford- able housing activities assisted with grant amounts provided under this subchapter; and (B) expenses incurred in preparing a hous- ing plan under section 4223 of this title. (e) Public-private partnerships The Director shall make all reasonable efforts, consistent with the purposes of this subchapter, to maximize participation by the private sector, including nonprofit organizations and for-profit entities, in implementing a housing plan that has been approved by the Secretary under sec- tion 4223 of this title. (Pub. L. 104–330, title VIII, § 802, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2877, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2971.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 802 of Pub. L. 104–330. This section is based on the text of section 802 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4223. Housing plan (a) Plan submission The Secretary shall— (1) require the Director to submit a housing plan under this section for each fiscal year; and (2) provide for the review of each plan sub- mitted under paragraph (1). (b) Five-year plan Each housing plan under this section shall— (1) be in a form prescribed by the Secretary; and (2) contain, with respect to the 5-year period beginning with the fiscal year for which the plan is submitted, the following information: (A) MISSION STATEMENT.—A general state- ment of the mission of the Department of Hawaiian Home Lands to serve the needs of the low-income families to be served by the Department. (B) GOALS AND OBJECTIVES.—A statement of the goals and objectives of the Depart- ment of Hawaiian Home Lands to enable the Department to serve the needs identified in subparagraph (A) during the period. (C) ACTIVITIES PLANS.—An overview of the activities planned during the period includ- ing an analysis of the manner in which the activities will enable the Department to meet its mission, goals, and objectives. (c) One-year plan A housing plan under this section shall— (1) be in a form prescribed by the Secretary; and (2) contain the following information relat- ing to the fiscal year for which the assistance under this subchapter is to be made available: (A) GOALS AND OBJECTIVES.—A statement of the goals and objectives to be accom- Page 668 TITLE 25—INDIANS § 4223 plished during the period covered by the plan. (B) STATEMENT OF NEEDS.—A statement of the housing needs of the low-income families served by the Department and the means by which those needs will be addressed during the period covered by the plan, including— (i) a description of the estimated housing needs and the need for assistance for the low-income families to be served by the Department, including a description of the manner in which the geographical dis- tribution of assistance is consistent with— (I) the geographical needs of those families; and (II) needs for various categories of housing assistance; and (ii) a description of the estimated hous- ing needs for all families to be served by the Department. (C) FINANCIAL RESOURCES.—An operating budget for the Department of Hawaiian Home Lands, in a form prescribed by the Secretary, that includes— (i) an identification and a description of the financial resources reasonably avail- able to the Department to carry out the purposes of this subchapter, including an explanation of the manner in which amounts made available will be used to le- verage additional resources; and (ii) the uses to which the resources de- scribed in clause (i) will be committed, in- cluding— (I) eligible and required affordable housing activities; and (II) administrative expenses. (D) AFFORDABLE HOUSING RESOURCES.—A statement of the affordable housing re- sources currently available at the time of the submittal of the plan and to be made available during the period covered by the plan, including— (i) a description of the significant char- acteristics of the housing market in the State of Hawaii, including the availability of housing from other public sources, pri- vate market housing; (ii) the manner in which the characteris- tics referred to in clause (i) influence the decision of the Department of Hawaiian Home Lands to use grant amounts to be provided under this subchapter for— (I) rental assistance; (II) the production of new units; (III) the acquisition of existing units; or (IV) the rehabilitation of units; (iii) a description of the structure, co- ordination, and means of cooperation be- tween the Department of Hawaiian Home Lands and any other governmental enti- ties in the development, submission, or implementation of housing plans, includ- ing a description of— (I) the involvement of private, public, and nonprofit organizations and institu- tions; (II) the use of loan guarantees under section 1715z–13b of title 12; and (III) other housing assistance provided by the United States, including loans, grants, and mortgage insurance; (iv) a description of the manner in which the plan will address the needs identified pursuant to subparagraph (C); (v) a description of— (I) any existing or anticipated home- ownership programs and rental programs to be carried out during the period cov- ered by the plan; and (II) the requirements and assistance available under the programs referred to in subclause (I); (vi) a description of— (I) any existing or anticipated housing rehabilitation programs necessary to en- sure the long-term viability of the hous- ing to be carried out during the period covered by the plan; and (II) the requirements and assistance available under the programs referred to in subclause (I); (vii) a description of— (I) all other existing or anticipated housing assistance provided by the De- partment of Hawaiian Home Lands dur- ing the period covered by the plan, in- cluding— (aa) transitional housing; (bb) homeless housing; (cc) college housing; and (dd) supportive services housing; and (II) the requirements and assistance available under such programs; (viii)(I) a description of any housing to be demolished or disposed of; (II) a timetable for that demolition or disposition; and (III) any other information required by the Secretary with respect to that demoli- tion or disposition; (ix) a description of the manner in which the Department of Hawaiian Home Lands will coordinate with welfare agencies in the State of Hawaii to ensure that resi- dents of the affordable housing will be pro- vided with access to resources to assist in obtaining employment and achieving self- sufficiency; (x) a description of the requirements es- tablished by the Department of Hawaiian Home Lands to— (I) promote the safety of residents of the affordable housing; (II) facilitate the undertaking of crime prevention measures; (III) allow resident input and involve- ment, including the establishment of resident organizations; and (IV) allow for the coordination of crime prevention activities between the Department and local law enforcement officials; and (xi) a description of the entities that will carry out the activities under the plan, in- cluding the organizational capacity and key personnel of the entities. Page 669 TITLE 25—INDIANS § 4224 1 See Codification note below. (E) CERTIFICATION OF COMPLIANCE.—Evi- dence of compliance that shall include, as appropriate— (i) a certification that the Department of Hawaiian Home Lands will comply with— (I) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) or with the Fair Housing Act (42 U.S.C. 3601 et seq.) in carrying out this subchapter, to the extent that such title 1 is applicable; and (II) other applicable Federal statutes; (ii) a certification that the Department will require adequate insurance coverage for housing units that are owned and oper- ated or assisted with grant amounts pro- vided under this subchapter, in compliance with such requirements as may be estab- lished by the Secretary; (iii) a certification that policies are in effect and are available for review by the Secretary and the public governing the eli- gibility, admission, and occupancy of fami- lies for housing assisted with grant amounts provided under this subchapter; (iv) a certification that policies are in ef- fect and are available for review by the Secretary and the public governing rents charged, including the methods by which such rents or homebuyer payments are de- termined, for housing assisted with grant amounts provided under this subchapter; and (v) a certification that policies are in ef- fect and are available for review by the Secretary and the public governing the management and maintenance of housing assisted with grant amounts provided under this subchapter. (d) Applicability of civil rights statutes (1) In general To the extent that the requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) or of the Fair Housing Act (42 U.S.C. 3601 et seq.) apply to assistance pro- vided under this subchapter, nothing in the re- quirements concerning discrimination on the basis of race shall be construed to prevent the provision of assistance under this subchapter— (A) to the Department of Hawaiian Home Lands on the basis that the Department served Native Hawaiians; or (B) to an eligible family on the basis that the family is a Native Hawaiian family. (2) Civil rights Program eligibility under this subchapter may be restricted to Native Hawaiians. Sub- ject to the preceding sentence, no person may be discriminated against on the basis of race, color, national origin, religion, sex, familial status, or disability. (e) Use of nonprofit organizations As a condition of receiving grant amounts under this subchapter, the Department of Ha- waiian Home Lands shall, to the extent prac- ticable, provide for private nonprofit organiza- tions experienced in the planning and develop- ment of affordable housing for Native Hawaiians to carry out affordable housing activities with those grant amounts. (Pub. L. 104–330, title VIII, § 803, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2878, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2971.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsecs. (c)(2)(E)(i)(I) and (d)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. The Fair Housing Act, referred to in subsecs. (c)(2)(E)(i)(I) and (d)(1), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3601 of Title 42 and Tables. CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 803 of Pub. L. 104–330. This section is based on the text of section 803 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. Section 803 of Pub. L. 104–330, as added by Pub. L. 106–568, referred to title VIII of the Act popularly known as the Civil Rights Act of 1968 instead of the Fair Housing Act in subsecs. (c)(2)(E)(i)(I) and (d)(1). Title VIII of the Civil Rights Act of 1968 is title VIII of Pub. L. 90–284 which is known as the Fair Housing Act, see References in Text note above. The reference to ‘‘such title’’ in sub- sec. (c)(2)(E)(i)(I) probably refers to title VI of the Civil Rights Act of 1964 and title VIII of the Civil Rights Act of 1968 (the Fair Housing Act). § 4224. Review of plans (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 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 con- siders 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, the Sec- retary shall notify the Director of the De- partment of Hawaiian Home Lands whether the plan complies with the requirements under that section. (B) Effect of failure of Secretary to take ac- tion For purposes of this subchapter, if the Sec- retary does not notify the Director, as re- quired under this subsection and subsection (b), upon the expiration of the 60-day period described in subparagraph (A)—