dreamproit/uscode huggingface dataset:
25 U.S.C. § 4231 (INDIANS)
§ 4231. Types of investments
(a) In general
Subject 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
The Director may invest grant amounts for the purposes of carrying out affordable housing activities in investment securities and other obligations, as approved by the Secretary.
(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.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 812 of Pub. L. 104–330. This section is based on the text of section 812 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4232 (INDIANS)
§ 4232. Low-income requirement and income targeting
(a) In general
Housing 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
Notwithstanding subsection (a) of this section, housing assistance pursuant to section 4228(a)(2)(B) of this title shall be considered affordable housing for purposes of this subchapter.
(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.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 813 of Pub. L. 104–330. This section is based on the text of section 813 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4233 (INDIANS)
§ 4233. Lease requirements and tenant selection
(a) Leases
Except 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 selection
As 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.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 814 of Pub. L. 104–330. This section is based on the text of section 814 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4234 (INDIANS)
§ 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.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 815 of Pub. L. 104–330. This section is based on the text of section 815 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4235 (INDIANS)
§ 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.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 816 of Pub. L. 104–330. This section is based on the text of section 816 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4236 (INDIANS)
§ 4236. Allocation formula
(a) Establishment
The Secretary shall, by regulation issued not later than the expiration of the 6-month period beginning on December 27, 2000, in the manner provided under section 4227 of this title, establish a formula to provide for the allocation of amounts available for a fiscal year for block grants under this subchapter in accordance with the requirements of this section.
(b) Factors for determination of need
The formula under subsection (a) of this section 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) of this section, 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
This section shall take effect on December 27, 2000.
(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.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 817 of Pub. L. 104–330. This section is based on the text of section 817 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4238 (INDIANS)
§ 4238. Monitoring of compliance
(a) Enforceable agreements
(1) In general
The Director, through binding contractual agreements with owners or other authorized entities, shall ensure long-term compliance with the provisions of this subchapter.
(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
Not less frequently than annually, the Director shall review the activities conducted and housing assisted under this subchapter to assess compliance with the requirements of this subchapter.
(2) Review
Each review under paragraph (1) shall include onsite inspection of housing to determine compliance with applicable requirements.
(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
The Secretary shall establish such performance measures as may be necessary to assess compliance with the requirements of this subchapter.
(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.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 819 of Pub. L. 104–330. This section is based on the text of section 819 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4239 (INDIANS)
§ 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) Content
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
In preparing a report under this section, the Director shall make the report publicly available to the beneficiaries of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.) and give a sufficient amount of time to permit those beneficiaries to comment on that report before it is submitted to the Secretary (in such manner and at such time as the Director may determine).
(2) Summary of comments
The report shall include a summary of any comments received by the Director from beneficiaries under paragraph (1) regarding the program to carry out the housing plan.
(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.)
heading: References in Text
text: The Hawaiian Homes Commission Act, 1920, referred to in subsec. (d)(1), is act July 9, 1921, ch. 42, 42 Stat. 108, as amended, which was classified generally to sections 691 to 718 of Title 48, Territories and Insular Possessions, and was omitted from the Code.
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 820 of Pub. L. 104–330. This section is based on the text of section 820 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4240 (INDIANS)
§ 4240. Review and audit by Secretary
(a) Annual review
(1) In general
The 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 of this title are accurate.
(2) Onsite visits
Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development.
(b) Report by Secretary
The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department.
(c) Effect of reviews
The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section. The Secretary may adjust, reduce, or withdraw grant amounts, or take other action as appropriate in accordance with the reviews and audits of the Secretary under this section, except that grant amounts already expended on affordable housing activities may not be recaptured or deducted from future assistance provided to the Department of Hawaiian Home Lands.
(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.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 821 of Pub. L. 104–330. This section is based on the text of section 821 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4241 (INDIANS)
§ 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.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 822 of Pub. L. 104–330. This section is based on the text of section 822 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
heading: Amendments
text: 2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in section catchline.
25 U.S.C. § 4242 (INDIANS)
§ 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
The Secretary may require the Director to submit to the Secretary such reports and other information as may be necessary in order for the Secretary to prepare the report required under subsection (a) of this section.
(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.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 823 of Pub. L. 104–330. This section is based on the text of section 823 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4243 (INDIANS)
§ 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.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 824 of Pub. L. 104–330. This section is based on the text of section 824 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. Section 824 of Pub. L. 104–330, as added by Pub. L. 106–568, § 203, authorized appropriations for fiscal years 2000 to 2004, instead of fiscal years 2001 to 2005.
25 U.S.C. § 4302 (INDIANS)
§ 4302. Definitions
In this chapter:
(1) Eligible entity
The term “eligible entity” means an Indian tribe or tribal organization, an Indian arts and crafts organization, as that term is defined in section 305a of this title, a tribal enterprise, a tribal marketing cooperative (as that term is defined by the Secretary, in consultation with the Secretary of the Interior), or any other Indian-owned business.
(2) Indian
The term “Indian” has the meaning given that term in section 450b(d) of this title.
(3) Indian goods and services
The term “Indian goods and services” means—
(A) Indian goods, within the meaning of section 305a of this title;
(B) goods produced or originated by an eligible entity; and
(C) services provided by eligible entities.
(4) Indian lands
(A) In general
The term “Indian lands” includes lands under the definition of—
(i) the term “Indian country” under section 1151 of title 18; or
(ii) the term “reservation” under—
(I) section 1452(d) of this title; or
(II) section 1903(10) of this title.
(B) Former Indian reservations in Oklahoma
For purposes of applying section 1452(d) of this title under subparagraph (A)(ii), the term “former Indian reservations in Oklahoma” shall be construed to include lands that are—
(i) within the jurisdictional areas of an Oklahoma Indian tribe (as determined by the Secretary of the Interior); and
(ii) recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on November 7, 2000).
(5) Indian-owned business
The term “Indian-owned business” means an entity organized for the conduct of trade or commerce with respect to which at least 50 percent of the property interests of the entity are owned by Indians or Indian tribes (or a combination thereof).
(6) Indian tribe
The term “Indian tribe” has the meaning given that term in section 450b(e) of this title.
(7) Secretary
The term “Secretary” means the Secretary of Commerce.
(8) Tribal enterprise
The term “tribal enterprise” means a commercial activity or business managed or controlled by an Indian tribe.
(9) Tribal organization
The term “tribal organization” has the meaning given that term in section 450b(l) of this title.
(Pub. L. 106–464, § 3, Nov. 7, 2000, 114 Stat. 2013.)