Home > 106th Congressional Bills > S. 1452 (es) To modernize the requirements under the National Manufactured Housing [Engrossed in Senate] ...

S. 1452 (es) To modernize the requirements under the National Manufactured Housing [Engrossed in Senate] ...


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                                or with the Fair Housing Act (42 U.S.C. 
                                3601 et seq.) in carrying out this 
                                title, to the extent that such title 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 
                        title, 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 title;
                            ``(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 title; 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 title.
    ``(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 title, nothing in the 
        requirements concerning discrimination on the basis of race 
        shall be construed to prevent the provision of assistance under 
        this title--
                    ``(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 title 
        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 title, 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.

``SEC. 804. REVIEW OF PLANS.

    ``(a) Review and Notice.--
            ``(1) Review.--
                    ``(A) In general.--The Secretary shall conduct a 
                review of a housing plan submitted to the Secretary 
                under section 803 to ensure that the plan complies with 
                the requirements of that section.
                    ``(B) Limitation.--The Secretary shall have the 
                discretion to review a plan referred to in subparagraph 
                (A) only to the extent that the Secretary considers 
                that the review is necessary.
            ``(2) Notice.--
                    ``(A) In general.--Not later than 60 days after 
                receiving a plan under section 803, the Secretary shall 
                notify the Director of the Department of Hawaiian Home 
                Lands whether the plan complies with the requirements 
                under that section.
                    ``(B) Effect of failure of secretary to take 
                action.--For purposes of this title, 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 803; 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 803 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 803.
    ``(c) Review.--
            ``(1) In general.--After the Director of the Department of 
        Hawaiian Home Lands submits a housing plan under section 803, 
        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 
                803 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 Act or any other applicable law.
            ``(2) Incomplete plans.--If the Secretary determines under 
        this subsection that any of the appropriate certifications 
        required under section 803(c)(2)(E) are not included in a plan, 
        the plan shall be considered to be incomplete.
    ``(d) Updates to Plan.--
            ``(1) In general.--Subject to paragraph (2), after a plan 
        under section 803 has been submitted for a fiscal year, the 
        Director of the Department of Hawaiian Home Lands may comply 
        with the provisions of that section for any succeeding fiscal 
        year (with respect to information included for the 5-year 
        period under section 803(b) or for the 1-year period under 
        section 803(c)) by submitting only such information regarding 
        such changes as may be necessary to update the plan previously 
        submitted.
            ``(2) Complete plans.--The Director shall submit a complete 
        plan under section 803 not later than 4 years after submitting 
        an initial plan under that section, and not less frequently 
        than every 4 years thereafter.
    ``(e) Effective Date.--This section and section 803 shall take 
effect on the date provided by the Secretary pursuant to section 807(a) 
to provide for timely submission and review of the housing plan as 
necessary for the provision of assistance under this title for fiscal 
year 2001.

``SEC. 805. 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 title 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 title.
            ``(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.--The Secretary may, by 
        regulation, exclude from consideration as program income any 
        amounts determined to be so small that compliance with the 
        requirements of this subsection would create an unreasonable 
        administrative burden on the Department.
    ``(b) Labor Standards.--
            ``(1) In general.--Any contract or agreement for 
        assistance, sale, or lease pursuant to this title 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 the Act commonly 
                known as the `Davis-Bacon Act' (46 Stat. 1494; chapter 
                411; 40 U.S.C. 276a et seq.) shall be paid to all 
                laborers and mechanics employed in the development of 
                the affordable housing involved.
            ``(2) Exceptions.--Paragraph (1) and provisions relating to 
        wages required under paragraph (1) in any contract or agreement 
        for assistance, sale, or lease under this title, shall not 
        apply to any individual who performs the services for which the 
        individual volunteered and who is not otherwise employed at any 
        time in the construction work and received no compensation or 
        is paid expenses, reasonable benefits, or a nominal fee for 
        those services.

``SEC. 806. ENVIRONMENTAL REVIEW.

    ``(a) In General.--
            ``(1) Release of funds.--
                    ``(A) In general.--The 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 title; and
                            ``(ii) to the public undiminished 
                        protection of the environment.
                    ``(B) Alternative environmental protection 
                procedure.--In lieu of applying environmental 
                protection procedures otherwise applicable, the 
                Secretary may by regulation provide for the release of 
                funds for specific projects to the Department of 
                Hawaiian Home Lands if the Director of the Department 
                assumes all of the responsibilities for environmental 
                review, decisionmaking, and action under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), and such other provisions of law as the 
                regulations of the Secretary specify, that would apply 
                to the Secretary were the Secretary to undertake those 
                projects as Federal projects.
            ``(2) Regulations.--
                    ``(A) In general.--The Secretary shall issue 
                regulations to carry out this section only after 
                consultation with the Council on Environmental Quality.
                    ``(B) Contents.--The 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.--The duty of the 
        Secretary under paragraph (2)(B) shall not be construed to 
        limit or reduce any responsibility assumed by the Department of 
        Hawaiian Home Lands for grant amounts with respect to any 
        specific release of funds.
    ``(b) Procedure.--
            ``(1) In general.--The Secretary shall authorize the 
        release of funds subject to the procedures under this section 
        only if, not less than 15 days before that approval and before 
        any commitment of funds to such projects, the Director of the 
        Department of Hawaiian Home Lands submits to the Secretary a 
        request for such release accompanied by a certification that 
        meets the requirements of subsection (c).
            ``(2) Effect of approval.--The approval of the Secretary of 
        a certification described in paragraph (1) shall be deemed to 
        satisfy the responsibilities of the Secretary under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) and such other provisions of law as the regulations of 
        the Secretary specify to the extent that those responsibilities 
        relate to the releases of funds for projects that are covered 
        by that certification.
    ``(c) Certification.--A 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.

``SEC. 807. REGULATIONS.

    ``The Secretary shall issue final regulations necessary to carry 
out this title not later than October 1, 2001.

``SEC. 808. EFFECTIVE DATE.

    ``Except as otherwise expressly provided in this title, this title 
shall take effect on the date of the enactment of the American 
Homeownership and Economic Opportunity Act of 2000.

``SEC. 809. AFFORDABLE HOUSING ACTIVITIES.

    ``(a) National Objectives and Eligible Families.--
            ``(1) Primary objective.--The national objectives of this 
        title 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

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