
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: 25USC4228]

 
                            TITLE 25--INDIANS
 
  CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
 
        SUBCHAPTER VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
 
Sec. 4228. Affordable housing activities


(a) \1\ National objectives and eligible families
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    \1\ So in original. No subsec. (b) has been enacted.
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                        (1) Primary objective

        The national objectives of this subchapter are--
            (A) to assist and promote affordable housing activities to 
        develop, maintain, and operate 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-sufficiency of low-income Native Hawaiian 
        families;
            (C) to coordinate activities to provide housing for low-
        income Native Hawaiian families with Federal, State, and local 
        activities 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 Hawaiian families who are not 
                low-income families, to the extent that the Secretary 
                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 
            activities for families that are not low-income families.

        (C) Other families

            Notwithstanding paragraph (1), the Director may provide 
        housing or housing assistance provided through affordable 
        housing activities assisted with grant amounts under this 
        subchapter to a family that is not composed of Native Hawaiians 
        if--
                (i) the Department determines that the presence of the 
            family in the housing involved is essential to the well-
            being of Native Hawaiian families; and
                (ii) the need for housing for the family cannot be 
            reasonably met without the assistance.

        (D) Preference

            (i) In general

                A housing plan submitted under section 4223 of this 
            title may authorize a preference, for housing or housing 
            assistance provided through affordable housing activities 
            assisted with grant amounts provided under this subchapter 
            to be provided, to the extent practicable, to families that 
            are eligible to reside on the Hawaiian Home Lands.
            (ii) Application

                In any case in which a housing plan provides for 
            preference described in clause (i), the Director shall 
            ensure that housing activities 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 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. 809, as added Pub. L. 106-568, title 
II, Sec. 203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L. 106-569, title 
V, Sec. 513, Dec. 27, 2000, 114 Stat. 2979.)

                          Codification

    Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 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, 
Sec. 513.

                  Section Referred to in Other Sections

    This section is referred to in section 4232 of this title.
