25 U.S.C. § 4224 — Review of plans

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)— Page 670 TITLE 25—INDIANS § 4225 1 So in original. Probably should be section ‘‘4227’’. (i) the plan shall be considered to have been determined to comply with the re- quirements under section 4223 of this title; and (ii) the Director shall be considered to have been notified of compliance. (b) Notice of reasons for determination of non- compliance If the Secretary determines that a plan sub- mitted under section 4223 of this title does not comply with the requirements of that section, the Secretary shall specify in the notice under subsection (a)— (1) the reasons for noncompliance; and (2) any modifications necessary for the plan to meet the requirements of section 4223 of this title. (c) Review (1) In general After the Director of the Department of Ha- waiian Home Lands submits a housing plan under section 4223 of this title, or any amend- ment or modification to the plan to the Sec- retary, to the extent that the Secretary con- siders such action to be necessary to make a determination under this subsection, the Sec- retary shall review the plan (including any amendments or modifications thereto) to de- termine whether the contents of the plan— (A) set forth the information required by section 4223 of this title to be contained in the housing plan; (B) are consistent with information and data available to the Secretary; and (C) are not prohibited by or inconsistent with any provision of this chapter or any other applicable law. (2) Incomplete plans If the Secretary determines under this sub- section that any of the appropriate certifi- cations required under section 4223(c)(2)(E) of this title are not included in a plan, the plan shall be considered to be incomplete. (d) Updates to plan (1) In general Subject to paragraph (2), after a plan under section 4223 of this title has been submitted for a fiscal year, the Director of the Depart- ment of Hawaiian Home Lands may comply with the provisions of that section for any suc- ceeding fiscal year (with respect to informa- tion included for the 5-year period under sec- tion 4223(b) of this title or for the 1-year pe- riod under section 4223(c) of this title) by sub- mitting only such information regarding such changes as may be necessary to update the plan previously submitted. (2) Complete plans The Director shall submit a complete plan under section 4223 of this title not later than 4 years after submitting an initial plan under that section, and not less frequently than every 4 years thereafter. (e) Effective date This section and section 4223 of this title shall take effect on the date provided by the Sec- retary pursuant to section 4227(a) 1 of this title to provide for timely submission and review of the housing plan as necessary for the provision of assistance under this subchapter for fiscal year 2001. (Pub. L. 104–330, title VIII, § 804, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2881, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2975.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(1)(C), was in the original ‘‘this Act’’, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables. CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 804 of Pub. L. 104–330. This section is based on the text of section 804 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4225. Treatment of program income and labor standards (a) Program income (1) Authority to retain The Department of Hawaiian Home Lands may retain any program income that is real- ized from any grant amounts received by the Department under this subchapter if— (A) that income was realized after the ini- tial disbursement of the grant amounts re- ceived by the Department; and (B) the Director agrees to use the program income for affordable housing activities in accordance with the provisions of this sub- chapter. (2) Prohibition of reduction of grant The Secretary may not reduce the grant amount for the Department of Hawaiian Home Lands based solely on— (A) whether the Department retains pro- gram income under paragraph (1); or (B) the amount of any such program in- come retained. (3) Exclusion of amounts The Secretary may, by regulation, exclude from consideration as program income any amounts determined to be so small that com- pliance with the requirements of this sub- section would create an unreasonable adminis- trative burden on the Department. (b) Labor standards (1) In general Any contract or agreement for assistance, sale, or lease pursuant to this subchapter shall contain— (A) a provision requiring that an amount not less than the wages prevailing in the lo- cality, as determined or adopted (subsequent to a determination under applicable State or