§ 4223. — Housing plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
