§ 1715z-12. — Singlefamily mortgage insurance on Hawaiian home lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1715z-12]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
SUBCHAPTER II--MORTGAGE INSURANCE
Sec. 1715z-12. Single-family mortgage insurance on Hawaiian home
lands
(a) One- to four-family residence; eligibility
The Secretary, subject to such conditions as the Secretary may
prescribe, may insure under any provision of this subchapter that
authorizes such insurance, a mortgage covering a property upon which
there is located a one- to four-family residence, without regard to any
limitation in this chapter relating to marketability of title or any
other limitation in this chapter that the Secretary determines is
contrary to promoting the availability of such insurance on Hawaiian
home lands, if--
(1) the mortgage is executed by a native Hawaiian on property
located within Hawaiian home lands covered under a homestead lease
issued under section 207(a) of the Hawaiian Homes Commission Act,
1920, or under the corresponding provision of the Constitution of
the State of Hawaii adopted under section 4 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. 5);
(2) the property will be used as the principal residence of the
mortgagor; and
(3) the Department of Hawaiian Home Lands of the State of Hawaii
(A) is a comortgagor; (B) guarantees to reimburse the Secretary for
any mortgage insurance claim paid in connection with a property on
Hawaiian home lands; or (C) offers other security acceptable to the
Secretary.
(b) Construction advances
Notwithstanding any other provision of this chapter, the Secretary
may, with respect to mortgages eligible for insurance under subsection
(a) of this section, insure and make commitments to insure advances made
during construction if the Secretary determines that the proposed
construction is otherwise acceptable and that no feasible financing
alternative is available.
(c) Insurance of mortgage as obligation of General Insurance Fund
Notwithstanding any other provision of this chapter, the insurance
of a mortgage using the authority contained in this section shall be the
obligation of the General Insurance Fund established in section 1735c of
this title. The mortgagee shall be eligible to receive the benefits of
insurance as provided in section 1710 of this title with respect to
mortgages insured pursuant to this section, except that (1) all
references in section 1710 of this title to the Mutual Mortgage
Insurance Fund or the Fund shall be construed to refer to the General
Insurance Fund; and (2) all references in section 1710 of this title to
section 1709 of this title shall be construed to refer to the section
under which the mortgage is insured.
(d) ``Native Hawaiian'' and ``Hawaiian home lands'' defined
For purposes of this section:
(1) Native Hawaiian
The term ``native Hawaiian'' means any descendant of not less
than one-half part of the blood of the races inhabiting the Hawaiian
Islands before January 1, 1778, or, in the case of an individual who
is awarded an interest in a lease of Hawaiian home lands through
transfer or succession, such lower percentage as may be established
for such transfer or succession under section 208 or 209 of the
Hawaiian Homes Commission Act of 1920 (42 Stat. 111), or under the
corresponding provision of the Constitution of the State of Hawaii
adopted under section 4 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. 5).
(2) Hawaiian home lands
The term ``Hawaiian home lands'' means all lands given the
status of Hawaiian home lands under section 204 of the Hawaiian
Homes Commission Act of 1920 (42 Stat. 110), or under the
corresponding provision of the Constitution of the State of Hawaii
adopted under section 4 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. 5).
(e) Certification of eligibility for existing lessees
Possession of a lease of Hawaiian home lands issued under section
207(a) of the Hawaiian Homes Commission Act of 1920 (42 Stat. 110),
shall be sufficient to certify eligibility to receive a mortgage under
this section.
(June 27, 1934, ch. 847, title II, Sec. 247, as added Pub. L. 98-181,
title IV, Sec. 421, Nov. 30, 1983, 97 Stat. 1213; amended Pub. L. 100-
202, Sec. 101(f) [title I, Sec. 101], Dec. 22, 1987, 101 Stat. 1329-187,
1329-191; Pub. L. 100-242, title IV, Secs. 413(a), (b), 429(h), Feb. 5,
1988, 101 Stat. 1906, 1919; Pub. L. 100-628, title X, Sec. 1065, Nov. 7,
1988, 102 Stat. 3275; Pub. L. 107-73, title II, Sec. 215, Nov. 26, 2001,
115 Stat. 677.)
References in Text
The Hawaiian Homes Commission Act, 1920, referred to in subsec.
(a)(1), is act July 9, 1921, ch. 42, 42 Stat. 108, as amended. The
Hawaiian Homes Commission Act of 1920, referred to in subsecs. (d) and
(e), probably means the Hawaiian Homes Commission Act, 1920. Sections
204, 207, 208, and 209 of that Act were classified to sections 698, 701,
702, and 703 of Title 48, Territories and Insular Possessions, and were
omitted from the Code.
Section 4 of the Act entitled ``An Act to provide for the admission
of the State of Hawaii into the Union'', approved Mar. 18, 1959 (73
Stat. 5), referred to in subsecs. (a)(1) and (d), is section 4 of Pub.
L. 86-3, Mar. 18, 1959, 73 Stat. 5, which is set out as a note preceding
section 491 of Title 48.
Amendments
2001--Subsec. (d)(1), (2). Pub. L. 107-73, Sec. 215(1), added pars.
(1) and (2) and struck out former pars. (1) and (2) which read as
follows:
``(1) The term `native Hawaiian' means any descendant of not less
than one-half part of the blood of the races inhabiting the Hawaiian
Islands before January 1, 1778 (or, in the case of an individual who
succeeds a spouse or parent in an interest in a lease of Hawaiian home
lands, such lower percentage as may be established for such succession
under section 209 of the Hawaiian Homes Commission Act, 1920, or under
the corresponding provision of the Constitution of the State of Hawaii
adopted under section 4 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. 5)).
``(2) The term `Hawaiian home lands' means all lands given the
status of Hawaiian home lands under section 204 of the Hawaiian Homes
Commission Act, 1920, or under the corresponding provision of the
Constitution of the State of Hawaii adopted under section 4 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. 5).''
Subsec. (e). Pub. L. 107-73, Sec. 215(2), added subsec. (e).
1988--Subsec. (a)(2). Pub. L. 100-242, Sec. 429(h), substituted
``mortgagor'' for ``Mortgagor''.
Subsecs. (c), (d). Pub. L. 100-628 clarified amendment by Pub. L.
100-242, Sec. 413(a), (b).
Pub. L. 100-242, Sec. 413(a), (b), made amendment identical to Pub.
L. 100-202. See 1987 Amendment note below.
1987--Subsec. (c). Pub. L. 100-202 added subsec. (c). Former subsec.
(c) redesignated (d).
Subsec. (d). Pub. L. 100-202 extended subsec. (c)(1) term ``native
Hawaiian'' to include in the case of succession in an interest in a
lease of Hawaiian homelands any descendant of a percentage less than
one-half of the blood of the races inhabiting the Hawaiian Islands
before Jan. 1, 1778, as may be established under statute or constitution
for succession; and redesignated subsec. (c), including such par. (1),
as subsec. (d).
Section Referred to in Other Sections
This section is referred to in section 1709 of this title.
