§ 4228. — Affordable housing activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
