25 U.S.C. § 4221 — Definitions

Page 664 TITLE 25—INDIANS § 4211 (4) Fiscal year limitations on Indian tribes (A) In general The Secretary shall monitor the use of guarantees under this section by Indian tribes. (B) Modifications If the Secretary determines that 50 per- cent of the aggregate guarantee authority under paragraph (3) has been committed, the Secretary may— (i) impose limitations on the amount of guarantees pursuant to this section that any single Indian tribe may receive in any fiscal year of $25,000,000; or (ii) request the enactment of legislation increasing the aggregate outstanding limi- tation on guarantees under this section. (i) Report Not later than 4 years after October 14, 2008, the Secretary shall submit to Congress a report describing the use of the authority under this section by Indian tribes and tribally designated housing entities, including— (1) an identification of the extent of the use and the types of projects and activities fi- nanced using that authority; and (2) an analysis of the effectiveness of the use in carrying out the purposes of this section. (j) Termination The authority of the Secretary under this sec- tion to make new guarantees for notes and obli- gations shall terminate on October 1, 2013. (Pub. L. 104–330, title VI, § 606, as added Pub. L. 110–411, title VI, § 601(a), Oct. 14, 2008, 122 Stat. 4331.) Editorial Notes CODIFICATION Another section 606 of Pub. L. 104–330 is set out as an Effective Date note under section 4191 of this title. SUBCHAPTER VII—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS § 4211. 50-year leasehold interest in trust or re- stricted lands for housing purposes (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 residen- tial 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 exceed- ing 50 years. (d) Self-implementation This section is intended to be self-imple- menting and shall not require the issuance of any rule, regulation, or order to take effect as provided in section 705. (Pub. L. 104–330, title VII, § 702, Oct. 26, 1996, 110 Stat. 4050.) Editorial Notes REFERENCES IN TEXT Section 705, referred to in subsec. (d), is section 705 of Pub. L. 104–330, which is set out as an Effective Date note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–330, title VII, § 705, Oct. 26, 1996, 110 Stat. 4052, provided that: ‘‘This title [enacting this sub- chapter and amending sections 1715z–13a and 1721 of Title 12, Banks and Banking, and sections 11902 to 11905 of Title 42, The Public Health and Welfare] and the amendments made by this title (but not including the amendments made by section 704 [amending sections 11902 to 11905 of Title 42]) shall take effect on the date of the enactment of this Act [Oct. 26, 1996].’’ § 4212. Training and technical assistance There are authorized to be appropriated for as- sistance for a national organization rep- resenting Native American housing interests for providing training and technical assistance to Indian housing authorities and tribally des- ignated housing entities such sums as may be necessary for each of fiscal years 2009 through 2013. (Pub. L. 104–330, title VII, § 703, Oct. 26, 1996, 110 Stat. 4051; Pub. L. 107–292, § 2(c), Nov. 13, 2002, 116 Stat. 2053; Pub. L. 110–411, title VII, § 701(c), Oct. 14, 2008, 122 Stat. 4334.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–411 substituted ‘‘2009 through 2013’’ for ‘‘1997 through 2007’’. 2002—Pub. L. 107–292 substituted ‘‘1997 through 2007’’ for ‘‘1997, 1998, 1999, 2000, and 2001’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 26, 1996, see section 705 of Pub. L. 104–330, set out as a note under section 4211 of this title. SUBCHAPTER VIII—HOUSING ASSISTANCE FOR NATIVE HAWAIIANS § 4221. Definitions In this subchapter: (1) Department of Hawaiian Home Lands; De- partment 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 administra- tion 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. Page 665 TITLE 25—INDIANS § 4221 (3) Elderly families; near-elderly families (A) In general The term ‘‘elderly family’’ or ‘‘near-elder- ly family’’ means a family whose head (or his or her spouse), or whose sole member, is— (i) for an elderly family, an elderly per- son; or (ii) for a near-elderly family, a near-el- derly person. (B) Certain families included The term ‘‘elderly family’’ or ‘‘near-elder- ly 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 De- partment of Hawaiian Home Lands. (7) Housing plan The term ‘‘housing plan’’ means a plan de- veloped by the Department of Hawaiian Home Lands. (8) Median income The term ‘‘median income’’ means, with re- spect to an area that is a Hawaiian housing area, the greater of— (A) the median income for the Hawaiian housing area, which shall be determined by the Secretary; or (B) the median income for the State of Ha- waii. (9) Native Hawaiian The term ‘‘Native Hawaiian’’ means any in- dividual 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 con- stitutes the State of Hawaii, as evidenced by— (i) genealogical records; (ii) verification by kupuna (elders) or kama‘aina (long-term community resi- dents); or (iii) birth records of the State of Hawaii. (Pub. L. 104–330, title VIII, § 801, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2876, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2969.) Editorial Notes REFERENCES IN TEXT The Hawaiian Homes Commission Act, 1920, referred to in pars. (1) and (4)(B), is act July 9, 1921, ch. 42, 42 Stat. 108, which was classified generally to sections 691 to 718 of Title 48, Territories and Insular Possessions, and was omitted from the Code. This chapter, referred to in par. (5), was in the origi- nal ‘‘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 801 of Pub. L. 104–330. This section is based on the text of section 801 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–330, title VIII, § 808, as added by Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2979, pro- vided that: ‘‘Except as otherwise expressly provided in this title [enacting this subchapter], this title shall take effect on the date of the enactment of the Amer- ican Homeownership and Economic Opportunity Act of 2000 [Pub. L. 106–569, approved Dec. 27, 2000].’’ Pub. L. 104–330, title VIII, § 808, as added by Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2885, pro- vided that: ‘‘Except as otherwise expressly provided in this title [enacting this subchapter], this title shall take effect on the date of the enactment of the Native American Housing Assistance and Self-Determination Amendments of 2000 [probably should be the Hawaiian Homelands Ownership Act of 2000, title II of Pub. L. 106–568, approved Dec. 27, 2000].’’ FINDINGS Pub. L. 106–569, title V, § 512, Dec. 27, 2000, 114 Stat. 2966, provided that: ‘‘The Congress finds that— ‘‘(1) the United States has undertaken a responsi- bility to promote the general welfare of the United States by— ‘‘(A) employing its resources to remedy the un- safe and unsanitary housing conditions and the acute shortage of decent, safe, and sanitary dwell- ings for families of lower income; and ‘‘(B) developing effective partnerships with gov- ernmental and private entities to accomplish the objectives referred to in subparagraph (A); ‘‘(2) the United States has a special responsibility for the welfare of the Native peoples of the United States, including Native Hawaiians; ‘‘(3) pursuant to the provisions of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.) [former 48 U.S.C. 691 et seq.], the United States set aside 200,000 acres of land in the Federal territory that later became the State of Hawaii in order to es- tablish a homeland for the native people of Hawaii— Native Hawaiians; ‘‘(4) despite the intent of Congress in 1920 to address the housing needs of Native Hawaiians through the enactment of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), Native Hawaiians eligible to reside on the Hawaiian home lands have been fore- closed from participating in Federal housing assist- ance programs available to all other eligible families in the United States; ‘‘(5) although Federal housing assistance programs have been administered on a racially neutral basis in Page 666 TITLE 25—INDIANS § 4221 the State of Hawaii, Native Hawaiians continue to have the greatest unmet need for housing and the highest rates of overcrowding in the United States; ‘‘(6) among the Native American population of the United States, Native Hawaiians experience the high- est percentage of housing problems in the United States, as the percentage— ‘‘(A) of housing problems in the Native Hawaiian population is 49 percent, as compared to— ‘‘(i) 44 percent for American Indian and Alaska Native households in Indian country; and ‘‘(ii) 27 percent for all other households in the United States; and ‘‘(B) overcrowding in the Native Hawaiian popu- lation is 36 percent as compared to 3 percent for all other households in the United States; ‘‘(7) among the Native Hawaiian population, the needs of Native Hawaiians, as that term is defined in section 801 of the Native American Housing Assist- ance and Self-Determination Act of 1996 [25 U.S.C. 4221] (as added by this subtitle), eligible to reside on the Hawaiian Home Lands are the most severe, as— ‘‘(A) the percentage of overcrowding in Native Hawaiian households on the Hawaiian Home Lands is 36 percent; and ‘‘(B) approximately 13,000 Native Hawaiians, which constitute 95 percent of the Native Hawai- ians who are eligible to reside on the Hawaiian Home Lands, are in need of housing; ‘‘(8) applying the Department of Housing and Urban Development guidelines— ‘‘(A) 70.8 percent of Native Hawaiians who either reside or who are eligible to reside on the Hawaiian Home Lands have incomes that fall below the me- dian family income; and ‘‘(B) 50 percent of Native Hawaiians who either reside or who are eligible to reside on the Hawaiian Home Lands have incomes below 30 percent of the median family income; ‘‘(9) one-third of those Native Hawaiians who are el- igible to reside on the Hawaiian Home Lands pay more than 30 percent of their income for shelter, and one-half of those Native Hawaiians face over- crowding; ‘‘(10) the extraordinarily severe housing needs of Native Hawaiians demonstrate that Native Hawaiians who either reside on, or are eligible to reside on, Ha- waiian Home Lands have been denied equal access to Federal low-income housing assistance programs available to other qualified residents of the United States, and that a more effective means of addressing their housing needs must be authorized; ‘‘(11) consistent with the recommendations of the National Commission on American Indian, Alaska Native, and Native Hawaiian Housing, and in order to address the continuing prevalence of extraordinarily severe housing needs among Native Hawaiians who either reside or are eligible to reside on the Hawaiian Home Lands, Congress finds it necessary to extend the Federal low-income housing assistance available to American Indians and Alaska Natives under the Native American Housing Assistance and Self-Deter- mination Act of 1996 (25 U.S.C. 4101 et seq.) to those Native Hawaiians; ‘‘(12) under the treatymaking power of the United States, Congress had the constitutional authority to confirm a treaty between the United States and the government that represented the Hawaiian people, and from 1826 until 1893, the United States recognized the independence of the Kingdom of Hawaii, extended full diplomatic recognition to the Hawaiian Govern- ment, and entered into treaties and conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887; ‘‘(13) the United States has recognized and re- affirmed that— ‘‘(A) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands, and that group has never relinquished its claims to sovereignty or its sovereign lands; ‘‘(B) Congress does not extend services to Native Hawaiians because of their race, but because of their unique status as the indigenous people of a once sovereign nation as to whom the United States has established a trust relationship; ‘‘(C) Congress has also delegated broad authority to administer a portion of the Federal trust respon- sibility to the State of Hawaii; ‘‘(D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives; and ‘‘(E) the aboriginal, indigenous people of the United States have— ‘‘(i) a continuing right to autonomy in their in- ternal affairs; and ‘‘(ii) an ongoing right of self-determination and self-governance that has never been extinguished; ‘‘(14) the political relationship between the United States and the Native Hawaiian people has been rec- ognized and reaffirmed by the United States as evi- denced by the inclusion of Native Hawaiians in— ‘‘(A) the Native American Programs Act of 1974 (42 U.S.C. 2291 [2991] et seq.); ‘‘(B) the American Indian Religious Freedom Act (42 U.S.C. 1996 et seq.); ‘‘(C) the National Museum of the American Indian Act (20 U.S.C. 80q et seq.); ‘‘(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); ‘‘(E) the National Historic Preservation Act (16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.]; ‘‘(F) the Native American Languages Act of 1992 (106 Stat. 3434 [Pub. L. 102–524, see Short Title of 1992 Amendment note set out under section 2991 of Title 42, The Public Health and Welfare]); ‘‘(G) the American Indian, Alaska Native and Na- tive Hawaiian Culture and Arts [Art] Development Act (20 U.S.C. 4401 et seq.); ‘‘(H) the Job Training Partnership Act ([former] 29 U.S.C. 1501 et seq.); and ‘‘(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); and ‘‘(15) in the area of housing, the United States has recognized and reaffirmed the political relationship with the Native Hawaiian people through— ‘‘(A) the enactment of the Hawaiian Homes Com- mission Act, 1920 (42 Stat. 108 et seq.), which set aside approximately 200,000 acres of public lands that became known as Hawaiian Home Lands in the Territory of Hawaii that had been ceded to the United States for homesteading by Native Hawai- ians in order to rehabilitate a landless and dying people; ‘‘(B) the enactment of the Act entitled ‘An Act to provide for the admission of the State of Hawaii into the Union’, approved March 18, 1959 (73 Stat. 4) [Pub. L. 86–3, 48 U.S.C. note prec. 491]— ‘‘(i) by ceding to the State of Hawaii title to the public lands formerly held by the United States, and mandating that those lands be held in public trust, for the betterment of the conditions of Na- tive Hawaiians, as that term is defined in section 201 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.); and ‘‘(ii) by transferring the United States responsi- bility for the administration of Hawaiian Home Lands to the State of Hawaii, but retaining the authority to enforce the trust, including the ex- clusive right of the United States to consent to any actions affecting the lands which comprise the corpus of the trust and any amendments to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), enacted by the legislature of the State of Hawaii affecting the rights of bene- ficiaries under the Act; ‘‘(C) the authorization of mortgage loans insured by the Federal Housing Administration for the pur- chase, construction, or refinancing of homes on Ha- waiian Home Lands under the National Housing Act (Public Law 479; 73d Congress; 12 U.S.C. 1701 et seq.); 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-