25 U.S.C. § 4228 — Affordable housing activities

Page 672 TITLE 25—INDIANS § 4227 1 So in original. No subsec. (b) has been enacted. (4) specify that the Director— (A) consents to assume the status of a re- sponsible Federal official under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and each provision of law speci- fied in regulations issued by the Secretary to the extent that those laws apply by rea- son of subsection (a); and (B) is authorized and consents on behalf of the Department of Hawaiian Home Lands and the Director to accept the jurisdiction of the Federal courts for the purpose of en- forcement of the responsibilities of the Di- rector of the Department of Hawaiian Home Lands as such an official. (Pub. L. 104–330, title VIII, § 806, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2977.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsecs. (a)(1), (b)(2), and (c)(4)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 806 of Pub. L. 104–330. This section is based on the text of section 806 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4227. Regulations The Secretary shall issue final regulations necessary to carry out this subchapter not later than October 1, 2001. (Pub. L. 104–330, title VIII, § 807, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2979.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 807 of Pub. L. 104–330. This section is based on the text of section 807 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. Section 807 of Pub. L. 104–330, as added by Pub. L. 106–568, § 203, re- quired the issuance of final regulations not later than October 1, 2000, instead of October 1, 2001. § 4228. Affordable housing activities (a) 1 National objectives and eligible families (1) Primary objective The national objectives of this subchapter are— (A) to assist and promote affordable hous- ing activities to develop, maintain, and op- erate 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-suffi- ciency of low-income Native Hawaiian fami- lies; (C) to coordinate activities to provide housing for low-income Native Hawaiian families with Federal, State, and local ac- tivities 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; (II) model activities under section 4229(f) of this title; or (III) loan guarantee activities under section 1715z–13b of title 12 to Native Ha- waiian families who are not low-income families, to the extent that the Sec- retary approves the activities under that section to address a need for housing for those families that cannot be reasonably met without that assistance. (ii) Limitations The Secretary shall establish limitations on the amount of assistance that may be provided under this subchapter for activi- ties for families that are not low-income families. (C) Other families Notwithstanding paragraph (1), the Direc- tor may provide housing or housing assist- ance provided through affordable housing ac- tivities assisted with grant amounts under this subchapter to a family that is not com- posed of Native Hawaiians if— (i) the Department determines that the presence of the family in the housing in- volved is essential to the well-being of Na- tive Hawaiian families; and (ii) the need for housing for the family cannot be reasonably met without the as- sistance. (D) Preference (i) In general A housing plan submitted under section 4223 of this title may authorize a pref- erence, for housing or housing assistance provided through affordable housing ac- tivities assisted with grant amounts pro- vided under this subchapter to be provided, to the extent practicable, to families that are eligible to reside on the Hawaiian Home Lands. Page 673 TITLE 25—INDIANS § 4230 (ii) Application In any case in which a housing plan pro- vides for preference described in clause (i), the Director shall ensure that housing ac- tivities that are assisted with grant amounts under this subchapter are subject to that preference. (E) Use of nonprofit organizations As a condition of receiving grant amounts under this subchapter, the Department of Hawaiian Home Lands, shall to the extent practicable, provide for private nonprofit or- ganizations experienced in the planning and development of affordable housing for Native Hawaiians to carry out affordable housing activities with those grant amounts. (Pub. L. 104–330, title VIII, § 809, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2979.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 809 of Pub. L. 104–330. This section is based on the text of section 809 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4229. Eligible affordable housing activities (a) In general Affordable housing activities under this sec- tion are activities conducted in accordance with the requirements of section 4230 of this title to— (1) develop or to support affordable housing for rental or homeownership; or (2) provide housing services with respect to affordable housing, through the activities de- scribed in subsection (b). (b) Activities The activities described in this subsection are the following: (1) Development The acquisition, new construction, recon- struction, or moderate or substantial rehabili- tation of affordable housing, which may in- clude— (A) real property acquisition; (B) site improvement; (C) the development of utilities and utility services; (D) conversion; (E) demolition; (F) financing; (G) administration and planning; and (H) other related activities. (2) Housing services The provision of housing-related services for affordable housing, including— (A) housing counseling in connection with rental or homeownership assistance; (B) the establishment and support of resi- dent organizations and resident manage- ment corporations; (C) energy auditing; (D) activities related to the provisions of self-sufficiency and other services; and (E) other services related to assisting own- ers, tenants, contractors, and other entities participating or seeking to participate in other housing activities assisted pursuant to this section. (3) Housing management services The provision of management services for af- fordable housing, including— (A) the preparation of work specifications; (B) loan processing; (C) inspections; (D) tenant selection; (E) management of tenant-based rental as- sistance; and (F) management of affordable housing projects. (4) Crime prevention and safety activities The provision of safety, security, and law en- forcement measures and activities appropriate to protect residents of affordable housing from crime. (5) Model activities Housing activities under model programs that are— (A) designed to carry out the purposes of this subchapter; and (B) specifically approved by the Secretary as appropriate for the purpose referred to in subparagraph (A). (Pub. L. 104–330, title VIII, § 810, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2886, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2980.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 810 of Pub. L. 104–330. This section is based on the text of section 810 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4230. Program requirements (a) Rents (1) Establishment Subject to paragraph (2), as a condition to receiving grant amounts under this sub- chapter, the Director shall develop written policies governing rents and homebuyer pay- ments charged for dwelling units assisted under this subchapter, including methods by which such rents and homebuyer payments are determined. (2) Maximum rent In the case of any low-income family resid- ing in a dwelling unit assisted with grant amounts under this subchapter, the monthly rent or homebuyer payment (as applicable) for that dwelling unit may not exceed 30 percent of the monthly adjusted income of that fam- ily. (b) Maintenance and efficient operation (1) In general The Director shall, using amounts of any grants received under this subchapter, reserve and use for operating under section 4229 of this