| 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] ...
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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