
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC4223]

 
                            TITLE 25--INDIANS
 
  CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
 
        SUBCHAPTER VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
 
Sec. 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 submitted 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 statement 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 Department 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 including 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 relating 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 accomplished 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 distribution 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 housing 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 available 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 leverage additional resources; and
                (ii) the uses to which the resources described in clause 
            (i) will be committed, including--
                    (I) eligible and required affordable housing 
                activities; and
                    (II) administrative expenses.

            (D) Affordable housing resources.--A statement of the 
        affordable housing resources 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 characteristics of 
            the housing market in the State of Hawaii, including the 
            availability of housing from other public sources, private 
            market housing;
                (ii) the manner in which the characteristics 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, coordination, and 
            means of cooperation between the Department of Hawaiian Home 
            Lands and any other governmental entities in the 
            development, submission, or implementation of housing plans, 
            including a description of--
                    (I) the involvement of private, public, and 
                nonprofit organizations and institutions;
                    (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 homeownership 
                programs and rental programs 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);

                (vi) a description of--
                    (I) any existing or anticipated housing 
                rehabilitation programs necessary to ensure the long-
                term viability of the housing 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 Department of Hawaiian Home 
                Lands during the period covered by the plan, including--
                        (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 demolition 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 residents of the 
            affordable housing will be provided with access to resources 
            to assist in obtaining employment and achieving self-
            sufficiency;
                (x) a description of the requirements established 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 involvement, 
                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, including the organizational 
            capacity and key personnel of the entities.

            (E) Certification of compliance.--Evidence 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
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    \1\ See Codification note below.
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                    (II) other applicable Federal statutes;

                (ii) a certification that the Department will require 
            adequate insurance coverage for housing units that are owned 
            and operated or assisted with grant amounts provided under 
            this subchapter, in compliance with such requirements as may 
            be established by the Secretary;
                (iii) a certification that policies are in effect and 
            are available for review by the Secretary and the public 
            governing the eligibility, admission, and occupancy of 
            families for housing assisted with grant amounts provided 
            under this subchapter;
                (iv) a certification that policies are in effect 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 determined, for housing 
            assisted with grant amounts provided under this subchapter; 
            and
                (v) a certification that policies are in effect 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 provided under this 
    subchapter, nothing in the requirements 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. Subject 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 Hawaiian Home Lands shall, to the extent practicable, 
provide for private nonprofit organizations 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, Sec. 803, as added Pub. L. 106-568, title 
II, Sec. 203, Dec. 27, 2000, 114 Stat. 2878, and Pub. L. 106-569, title 
V, Sec. 513, Dec. 27, 2000, 114 Stat. 2971.)

                       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, as amended. Title VI of the Act is classified generally to 
subchapter V (Sec. 2000d et seq.) of chapter 21 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 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, as 
amended, which is classified principally to subchapter I (Sec. 3601 et 
seq.) of chapter 45 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 3601 of Title 42 and Tables.

                          Codification

    Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 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, Sec. 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 
subsec. (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).

                  Section Referred to in Other Sections

    This section is referred to in sections 4222, 4224, 4228, 4231, 
4233, 4239, 4240 of this title; title 12 section 1715z-13b.
