1. U.S. Code
  2. title 25
  3. chapter 43
  4. subchapter VIII
  5. § 4233

Collapse to view only § 4233. Lease requirements and tenant selection

§ 4221. DefinitionsIn this subchapter:
(1) Department of Hawaiian Home Lands; Department
(2) Director
(3) Elderly families; near-elderly families
(A) In generalThe term “elderly family” or “near-elderly family” means a family whose head (or his or her spouse), or whose sole member, is—
(i) for an elderly family, an elderly person; or
(ii) for a near-elderly family, a near-elderly person.
(B) Certain families includedThe term “elderly family” or “near-elderly 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 LandsThe 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
(6) Housing entity
(7) Housing plan
(8) Median incomeThe term “median income” means, with respect 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 Hawaii.
(9) Native HawaiianThe term “Native Hawaiian” means any individual 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 constitutes the State of Hawaii, as evidenced by—
(i) genealogical records;
(ii) verification by kupuna (elders) or kamaʻaina (long-term community residents); 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.)

CITE AS: 25 USC 4221

§ 4222. Block grants for affordable housing activities
(a) Grant authority
(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 Secretary 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 section 4223 of this title.
(2) Waiver
(c) Use of funds for affordable housing activities under plan
(d) Administrative expenses
(1) In general
(2) Administrative and planning expenses
The administrative and planning expenses referred to in paragraph (1) include—
(A) costs for salaries of individuals engaged in administering and managing affordable housing activities assisted with grant amounts provided under this subchapter; and
(B) expenses incurred in preparing a housing plan under section 4223 of this title.
(e) Public-private partnerships
(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.)

CITE AS: 25 USC 4222

§ 4223. Housing plan
(a) Plan submissionThe 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 planEach 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 planA 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)(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
1 See Codification note below.
is applicable; and(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 generalTo 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
(e) Use of nonprofit organizations
(Pub. L. 104–330, title VIII, § 803, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2878, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2971.)

CITE AS: 25 USC 4223

§ 4224. Review of plans
(a) Review and notice
(1) Review
(A) In general
(B) Limitation
(2) Notice
(A) In general
(B) Effect of failure of Secretary to take action
For purposes of this subchapter, if the Secretary does not notify the Director, as required under this subsection and subsection (b), upon the expiration of the 60-day period described in subparagraph (A)—
(i) the plan shall be considered to have been determined to comply with the requirements under section 4223 of this title; and
(ii) the Director shall be considered to have been notified of compliance.
(b) Notice of reasons for determination of noncompliance
If the Secretary determines that a plan submitted under section 4223 of this title does not comply with the requirements of that section, the Secretary shall specify in the notice under subsection (a)—
(1) the reasons for noncompliance; and
(2) any modifications necessary for the plan to meet the requirements of section 4223 of this title.
(c) Review
(1) In general
After the Director of the Department of Hawaiian Home Lands submits a housing plan under section 4223 of this title, or any amendment or modification to the plan to the Secretary, to the extent that the Secretary considers such action to be necessary to make a determination under this subsection, the Secretary shall review the plan (including any amendments or modifications thereto) to determine whether the contents of the plan—
(A) set forth the information required by section 4223 of this title to be contained in the housing plan;
(B) are consistent with information and data available to the Secretary; and
(C) are not prohibited by or inconsistent with any provision of this chapter or any other applicable law.
(2) Incomplete plans
(d) Updates to plan
(1) In general
(2) Complete plans
(e) Effective date
(Pub. L. 104–330, title VIII, § 804, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2881, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2975.)

CITE AS: 25 USC 4224

§ 4225. Treatment of program income and labor standards
(a) Program income
(1) Authority to retain
The Department of Hawaiian Home Lands may retain any program income that is realized from any grant amounts received by the Department under this subchapter if—
(A) that income was realized after the initial disbursement of the grant amounts received by the Department; and
(B) the Director agrees to use the program income for affordable housing activities in accordance with the provisions of this subchapter.
(2) Prohibition of reduction of grant
The Secretary may not reduce the grant amount for the Department of Hawaiian Home Lands based solely on—
(A) whether the Department retains program income under paragraph (1); or
(B) the amount of any such program income retained.
(3) Exclusion of amounts
(b) Labor standards
(1) In general
Any contract or agreement for assistance, sale, or lease pursuant to this subchapter shall contain—
(A) a provision requiring that an amount not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, technicians employed in the development and all maintenance, and laborers and mechanics employed in the operation, of the affordable housing project involved; and
(B) a provision that an amount not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to sections 3141–3144, 3146, and 3147 of title 40 shall be paid to all laborers and mechanics employed in the development of the affordable housing involved.
(2) Exceptions
(Pub. L. 104–330, title VIII, § 805, 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. 2976.)

CITE AS: 25 USC 4225

§ 4226. Environmental review
(a) In general
(1) Release of funds
(A) In generalThe Secretary may carry out the alternative environmental protection procedures described in subparagraph (B) in order to ensure—
(i) that the policies of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions of law that further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of grant amounts provided under this subchapter; and
(ii) to the public undiminished protection of the environment.
(B) Alternative environmental protection procedure
(2) Regulations
(A) In general
(B) ContentsThe regulations issued under this paragraph shall—
(i) provide for the monitoring of the environmental reviews performed under this section;
(ii) in the discretion of the Secretary, facilitate training for the performance of such reviews; and
(iii) provide for the suspension or termination of the assumption of responsibilities under this section.
(3) Effect on assumed responsibility
(b) Procedure
(1) In general
(2) Effect of approval
(c) CertificationA certification under the procedures under this section shall—
(1) be in a form acceptable to the Secretary;
(2) be executed by the Director of the Department of Hawaiian Home Lands;
(3) specify that the Department of Hawaiian Home Lands has fully carried out its responsibilities as described under subsection (a); and
(4) specify that the Director—
(A) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and each provision of law specified in regulations issued by the Secretary to the extent that those laws apply by reason 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 enforcement of the responsibilities of the Director 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.)

CITE AS: 25 USC 4226

§ 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.)

CITE AS: 25 USC 4227

§ 4228. Affordable housing activities
(a)1
1 So in original. No subsec. (b) has been enacted.
National objectives and eligible families
(1) Primary objectiveThe 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
(B) Exception to low-income requirement
(i) In generalThe 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
(C) Other familiesNotwithstanding 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
(ii) Application
(E) Use of nonprofit organizations
(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.)

CITE AS: 25 USC 4228

§ 4229. Eligible affordable housing activities
(a) In general
Affordable housing activities under this section 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 described in subsection (b).
(b) Activities
The activities described in this subsection are the following:
(1) Development
The acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, which may include—
(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 resident organizations and resident management corporations;
(C) energy auditing;
(D) activities related to the provisions of self-sufficiency and other services; and
(E) other services related to assisting owners, 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 affordable housing, including—
(A) the preparation of work specifications;
(B) loan processing;
(C) inspections;
(D) tenant selection;
(E) management of tenant-based rental assistance; and
(F) management of affordable housing projects.
(4) Crime prevention and safety activities
(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.)

CITE AS: 25 USC 4229

§ 4230. Program requirements
(a) Rents
(1) Establishment
(2) Maximum rent
(b) Maintenance and efficient operation
(1) In general
(2) Disposal of certain housing
(c) Insurance coverage
(d) Eligibility for admission
(e) Management and maintenance
(Pub. L. 104–330, title VIII, § 811, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2887, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2981.)

CITE AS: 25 USC 4230

§ 4231. Types of investments
(a) In generalSubject to section 4230 of this title and an applicable housing plan approved under section 4223 of this title, the Director shall have—
(1) the discretion to use grant amounts for affordable housing activities through the use of—
(A) equity investments;
(B) interest-bearing loans or advances;
(C) noninterest-bearing loans or advances;
(D) interest subsidies;
(E) the leveraging of private investments; or
(F) any other form of assistance that the Secretary determines to be consistent with the purposes of this subchapter; and
(2) the right to establish the terms of assistance provided with funds referred to in paragraph (1).
(b) Investments
(Pub. L. 104–330, title VIII, § 812, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2982.)

CITE AS: 25 USC 4231

§ 4232. Low-income requirement and income targeting
(a) In generalHousing shall qualify for affordable housing for purposes of this subchapter only if—
(1) each dwelling unit in the housing—
(A) in the case of rental housing, is made available for occupancy only by a family that is a low-income family at the time of the initial occupancy of that family of that unit; and
(B) in the case of housing for homeownership, is made available for purchase only by a family that is a low-income family at the time of purchase; and
(2) each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for—
(A) the remaining useful life of the property (as determined by the Secretary) without regard to the term of the mortgage or to transfer of ownership; or
(B) such other period as the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this subchapter, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if that action—
(i) recognizes any contractual or legal rights of any public agency, nonprofit sponsor, or other person or entity to take an action that would—(I) avoid termination of low-income affordability, in the case of foreclosure; or(II) transfer ownership in lieu of foreclosure; and
(ii) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary.
(b) Exception
(Pub. L. 104–330, title VIII, § 813, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2982.)

CITE AS: 25 USC 4232

§ 4233. Lease requirements and tenant selection
(a) LeasesExcept to the extent otherwise provided by or inconsistent with the laws of the State of Hawaii, in renting dwelling units in affordable housing assisted with grant amounts provided under this subchapter, the Director, owner, or manager shall use leases that—
(1) do not contain unreasonable terms and conditions;
(2) require the Director, owner, or manager to maintain the housing in compliance with applicable housing codes and quality standards;
(3) require the Director, owner, or manager to give adequate written notice of termination of the lease, which shall be the period of time required under applicable State or local law;
(4) specify that, with respect to any notice of eviction or termination, notwithstanding any State or local law, a resident shall be informed of the opportunity, before any hearing or trial, to examine any relevant documents, record, or regulations directly related to the eviction or termination;
(5) require that the Director, owner, or manager may not terminate the tenancy, during the term of the lease, except for serious or repeated violation of the terms and conditions of the lease, violation of applicable Federal, State, or local law, or for other good cause; and
(6) provide that the Director, owner, or manager may terminate the tenancy of a resident for any activity, engaged in by the resident, any member of the household of the resident, or any guest or other person under the control of the resident, that—
(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other residents or employees of the Department, owner, or manager;
(B) threatens the health or safety of, or right to peaceful enjoyment of their premises by, persons residing in the immediate vicinity of the premises; or
(C) is criminal activity (including drug-related criminal activity) on or off the premises.
(b) Tenant or homebuyer selectionAs a condition to receiving grant amounts under this subchapter, the Director shall adopt and use written tenant and homebuyer selection policies and criteria that—
(1) are consistent with the purpose of providing housing for low-income families;
(2) are reasonably related to program eligibility and the ability of the applicant to perform the obligations of the lease; and
(3) provide for—
(A) the selection of tenants and homebuyers from a written waiting list in accordance with the policies and goals set forth in an applicable housing plan approved under section 4223 of this title; and
(B) the prompt notification in writing of any rejected applicant of the grounds for that rejection.
(Pub. L. 104–330, title VIII, § 814, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2889, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2983.)

CITE AS: 25 USC 4233

§ 4234. Repayment
If the Department of Hawaiian Home Lands uses grant amounts to provide affordable housing under activities under this subchapter and, at any time during the useful life of the housing, the housing does not comply with the requirement under section 4232(a)(2) of this title, the Secretary shall—
(1) reduce future grant payments on behalf of the Department by an amount equal to the grant amounts used for that housing (under the authority of section 4238(a)(2) of this title); or
(2) require repayment to the Secretary of any amount equal to those grant amounts.
(Pub. L. 104–330, title VIII, § 815, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2984.)

CITE AS: 25 USC 4234

§ 4235. Annual allocation

For each fiscal year, the Secretary shall allocate any amounts made available for assistance under this subchapter for the fiscal year, in accordance with the formula established pursuant to section 4236 of this title to the Department of Hawaiian Home Lands if the Department complies with the requirements under this subchapter for a grant under this subchapter.

(Pub. L. 104–330, title VIII, § 816, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2984.)

CITE AS: 25 USC 4235

§ 4236. Allocation formula
(a) Establishment
(b) Factors for determination of need
The formula under subsection (a) shall be based on factors that reflect the needs for assistance for affordable housing activities, including—
(1) the number of low-income dwelling units owned or operated at the time pursuant to a contract between the Director and the Secretary;
(2) the extent of poverty and economic distress and the number of Native Hawaiian families eligible to reside on the Hawaiian Home Lands; and
(3) any other objectively measurable conditions that the Secretary and the Director may specify.
(c) Other factors for consideration
In establishing the formula under subsection (a), the Secretary shall consider the relative administrative capacities of the Department of Hawaiian Home Lands and other challenges faced by the Department, including—
(1) geographic distribution within Hawaiian Home Lands; and
(2) technical capacity.
(d) Effective date
(Pub. L. 104–330, title VIII, § 817, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2984.)

CITE AS: 25 USC 4236

§ 4237. Remedies for noncompliance
(a) Actions by Secretary affecting grant amounts
(1) In generalExcept as provided in subsection (b), if the Secretary finds after reasonable notice and opportunity for a hearing that the Department of Hawaiian Home Lands has failed to comply substantially with any provision of this subchapter, the Secretary shall—
(A) terminate payments under this subchapter to the Department;
(B) reduce payments under this subchapter to the Department by an amount equal to the amount of such payments that were not expended in accordance with this subchapter; or
(C) limit the availability of payments under this subchapter to programs, projects, or activities not affected by such failure to comply.
(2) Actions
(b) Noncompliance because of a technical incapacityThe Secretary may provide technical assistance for the Department, either directly or indirectly, that is designed to increase the capability and capacity of the Director of the Department to administer assistance provided under this subchapter in compliance with the requirements under this subchapter if the Secretary makes a finding under subsection (a), but determines that the failure of the Department to comply substantially with the provisions of this subchapter—
(1) is not a pattern or practice of activities constituting willful noncompliance; and
(2) is a result of the limited capability or capacity of the Department of Hawaiian Home Lands.
(c) Referral for civil action
(1) Authority
(2) Civil actionUpon receiving a referral under paragraph (1), the Attorney General may bring a civil action in any United States district court of appropriate jurisdiction for such relief as may be appropriate, including an action—
(A) to recover the amount of the assistance furnished under this subchapter that was not expended in accordance with this subchapter; or
(B) for mandatory or injunctive relief.
(d) Review
(1) In generalIf the Director receives notice under subsection (a) of the termination, reduction, or limitation of payments under this chapter, the Director—
(A) may, not later than 60 days after receiving such notice, file with the United States Court of Appeals for the Ninth Circuit, or in the United States Court of Appeals for the District of Columbia, a petition for review of the action of the Secretary; and
(B) upon the filing of any petition under subparagraph (A), shall forthwith transmit copies of the petition to the Secretary and the Attorney General of the United States, who shall represent the Secretary in the litigation.
(2) Procedure
(A) In general
(B) Objections
(3) Disposition
(A) Court proceedings
(i) Jurisdiction of court
(ii) Findings of fact
(iii) Addition
(B) Secretary
(i) In generalThe Secretary, by reason of the additional evidence referred to in subparagraph (A) and filed with the court—(I) may—(aa) modify the findings of fact of the Secretary; or(bb) make new findings; and(II) shall file—(aa) such modified or new findings; and(bb) the recommendation of the Secretary, if any, for the modification or setting aside of the original action of the Secretary.
(ii) FindingsThe findings referred to in clause (i)(II)(bb) shall, with respect to a question of fact, be considered to be conclusive if those findings are—(I) supported by substantial evidence on the record; and(II) considered as a whole.
(4) Finality
(A) In generalExcept as provided in subparagraph (B), upon the filing of the record under this subsection with the court—
(i) the jurisdiction of the court shall be exclusive; and
(ii) the judgment of the court shall be final.
(B) Review by Supreme Court
(Pub. L. 104–330, title VIII, § 818, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2891, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2985.)

CITE AS: 25 USC 4237

§ 4238. Monitoring of compliance
(a) Enforceable agreements
(1) In general
(2) Measures
The measures referred to in paragraph (1) shall provide for—
(A) to the extent allowable by Federal and State law, the enforcement of the provisions of this subchapter by the Department and the Secretary; and
(B) remedies for breach of the provisions referred to in paragraph (1).
(b) Periodic monitoring
(1) In general
(2) Review
(3) Results
The results of each review under paragraph (1) shall be—
(A) included in a performance report of the Director submitted to the Secretary under section 4239 of this title; and
(B) made available to the public.
(c) Performance measures
(Pub. L. 104–330, title VIII, § 819, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2893, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2987.)

CITE AS: 25 USC 4238

§ 4239. Performance reports
(a) Requirement
For each fiscal year, the Director shall—
(1) review the progress the Department has made during that fiscal year in carrying out the housing plan submitted by the Department under section 4223 of this title; and
(2) submit a report to the Secretary (in a form acceptable to the Secretary) describing the conclusions of the review.
(b)
Each report submitted under this section for a fiscal year shall—
(1) describe the use of grant amounts provided to the Department of Hawaiian Home Lands for that fiscal year;
(2) assess the relationship of the use referred to in paragraph (1) to the goals identified in the housing plan;
(3) indicate the programmatic accomplishments of the Department; and
(4) describe the manner in which the Department would change its housing plan submitted under section 4223 of this title as a result of its experiences.
(c) Submissions
The Secretary shall—
(1) establish a date for submission of each report under this section;
(2) review each such report; and
(3) with respect to each such report, make recommendations as the Secretary considers appropriate to carry out the purposes of this subchapter.
(d) Public availability
(1) Comments by beneficiaries
(2) Summary of comments
(Pub. L. 104–330, title VIII, § 820, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2893, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2987.)

CITE AS: 25 USC 4239

§ 4240. Review and audit by Secretary
(a) Annual review
(1) In generalThe Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether—
(A) the Director has—
(i) carried out eligible activities under this subchapter in a timely manner;
(ii) carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and
(iii) a continuing capacity to carry out the eligible activities in a timely manner;
(B) the Director has complied with the housing plan submitted by the Director under section 4223 of this title; and
(C) the performance reports of the Department under section 4240 1
1 So in original. Probably should be section “4239”.
of this title are accurate.
(2) Onsite visits
(b) Report by Secretary
(c) Effect of reviews
(Pub. L. 104–330, title VIII, § 821, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2894, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2988.)

CITE AS: 25 USC 4240

§ 4241. Government Accountability Office audits

To the extent that the financial transactions of the Department of Hawaiian Home Lands involving grant amounts under this subchapter relate to amounts provided under this subchapter, those transactions may be audited by the Comptroller General of the United States under such regulations as may be prescribed by the Comptroller General. The Comptroller General of the United States shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by the Department of Hawaiian Home Lands pertaining to such financial transactions and necessary to facilitate the audit.

(Pub. L. 104–330, title VIII, § 822, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2989; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

CITE AS: 25 USC 4241

§ 4242. Reports to Congress
(a) In general
Not later than 90 days after the conclusion of each fiscal year in which assistance under this subchapter is made available, the Secretary shall submit to Congress a report that contains—
(1) a description of the progress made in accomplishing the objectives of this subchapter;
(2) a summary of the use of funds available under this subchapter during the preceding fiscal year; and
(3) a description of the aggregate outstanding loan guarantees under section 1715z–13b of title 12.
(b) Related reports
(Pub. L. 104–330, title VIII, § 823, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2989.)

CITE AS: 25 USC 4242

§ 4243. Authorization of appropriations

There are authorized to be appropriated to the Department of Housing and Urban Development for grants under this subchapter such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005.

(Pub. L. 104–330, title VIII, § 824, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2989.)

CITE AS: 25 USC 4243