Home > 106th Congressional Bills > S. 225 (ris) To provide Federal housing assistance to Native Hawaiians. [Referral Instructions Senate] ...S. 225 (ris) To provide Federal housing assistance to Native Hawaiians. [Referral Instructions Senate] ...
``(a) Grant Authority.--For each fiscal year, the Secretary shall
(to the extent amounts are made available to carry out this title) make
a grant under this title to the Department of Hawaiian Home Lands to
carry out affordable housing activities for Native Hawaiian families
who are eligible to reside on the Hawaiian Home Lands.
``(b) Plan Requirement.--
``(1) In general.--The Secretary may make a grant under
this title to the Department of Hawaiian Home Lands for a
fiscal year only if--
``(A) the Director has submitted to the Secretary a
housing plan for that fiscal year; and
``(B) the Secretary has determined under section
804 that the housing plan complies with the
requirements of section 803.
``(2) Waiver.--The Secretary may waive the applicability of
the requirements under paragraph (1), in part, if the Secretary
finds that the Department of Hawaiian Home Lands has not
complied or cannot comply with those requirements due to
circumstances beyond the control of the Department of Hawaiian
Home Lands.
``(c) Use of Affordable Housing Activities Under Plan.--Except as
provided in subsection (e), amounts provided under a grant under this
section may be used only for affordable housing activities under this
title that are consistent with a housing plan approved under section
804.
``(d) Administrative Expenses.--
``(1) In general.--The Secretary shall, by regulation,
authorize the Department of Hawaiian Home Lands to use a
percentage of any grant amounts received under this title for
any reasonable administrative and planning expenses of the
Department relating to carrying out this title and activities
assisted with those amounts.
``(2) Administrative and planning expenses.--The
administrative and planning expenses referred to in paragraph
(1) include--
``(A) costs for salaries of individuals engaged in
administering and managing affordable housing
activities assisted with grant amounts provided under
this title; and
``(B) expenses incurred in preparing a housing plan
under section 803.
``(e) Public-Private Partnerships.--The Director shall make all
reasonable efforts, consistent with the purposes of this title, to
maximize participation by the private sector, including nonprofit
organizations and for-profit entities, in implementing a housing plan
that has been approved by the Secretary under section 803.
``SEC. 803. HOUSING PLAN.
``(a) Plan Submission.--The Secretary shall--
``(1) require the Director to submit a housing plan under
this section for each fiscal year; and
``(2) provide for the review of each plan submitted under
paragraph (1).
``(b) 5-Year Plan.--Each housing plan under this section shall--
``(1) be in a form prescribed by the Secretary; and
``(2) contain, with respect to the 5-year period beginning
with the fiscal year for which the plan is submitted, the
following information:
``(A) Mission statement.--A general statement of
the mission of the Department of Hawaiian Home Lands to
serve the needs of the low-income families to be served
by the Department.
``(B) Goal and objectives.--A statement of the
goals and objectives of the Department of Hawaiian Home
Lands to enable the Department to serve the needs
identified in subparagraph (A) during the period.
``(C) Activities plans.--An overview of the
activities planned during the period including an
analysis of the manner in which the activities will
enable the Department to meet its mission, goals, and
objectives.
``(c) 1-Year Plan.--A housing plan under this section shall--
``(1) be in a form prescribed by the Secretary; and
``(2) contain the following information relating to the
fiscal year for which the assistance under this title is to be
made available:
``(A) Goals and objectives.--A statement of the
goals and objectives to be accomplished during the
period covered by the plan.
``(B) Statement of needs.--A statement of the
housing needs of the low-income families served by the
Department and the means by which those needs will be
addressed during the period covered by the plan,
including--
``(i) a description of the estimated
housing needs and the need for assistance for
the low-income families to be served by the
Department, including a description of the
manner in which the geographical distribution
of assistance is consistent with--
``(I) the geographical needs of
those families; and
``(II) needs for various categories
of housing assistance; and
``(ii) a description of the estimated
housing needs for all families to be served by
the Department.
``(C) Financial resources.--An operating budget for
the Department of Hawaiian Home Lands, in a form
prescribed by the Secretary, that includes--
``(i) an identification and a description
of the financial resources reasonably available
to the Department to carry out the purposes of
this title, including an explanation of the
manner in which amounts made available will be
used to leverage additional resources; and
``(ii) the uses to which the resources
described in clause (i) will be committed,
including--
``(I) eligible and required
affordable housing activities; and
``(II) administrative expenses.
``(D) Affordable housing resources.--A statement of
the affordable housing resources currently available at
the time of the submittal of the plan and to be made
available during the period covered by the plan,
including--
``(i) a description of the significant
characteristics of the housing market in the
State of Hawaii, including the availability of
housing from other public sources, private
market housing;
``(ii) the manner in which the
characteristics referred to in clause (i)
influence the decision of the Department of
Hawaiian Home Lands to use grant amounts to be
provided under this title for--
``(I) rental assistance;
``(II) the production of new units;
``(III) the acquisition of existing
units; or
``(IV) the rehabilitation of units;
``(iii) a description of the structure,
coordination, and means of cooperation between
the Department of Hawaiian Home Lands and any
other governmental entities in the development,
submission, or implementation of housing plans,
including a description of--
``(I) the involvement of private,
public, and nonprofit organizations and
institutions;
``(II) the use of loan guarantees
under section 184A of the Housing and
Community Development Act of 1992; and
``(III) other housing assistance
provided by the United States,
including loans, grants, and mortgage
insurance;
``(iv) a description of the manner in which
the plan will address the needs identified
pursuant to subparagraph (C);
``(v) a description of--
``(I) any existing or anticipated
homeownership programs and rental
programs to be carried out during the
period covered by the plan; and
``(II) the requirements and
assistance available under the programs
referred to in subclause (I);
``(vi) a description of--
``(I) any existing or anticipated
housing rehabilitation programs
necessary to ensure the long-term
viability of the housing to be carried
out during the period covered by the
plan; and
``(II) the requirements and
assistance available under the programs
referred to in subclause (I);
``(vii) a description of--
``(I) all other existing or
anticipated housing assistance provided
by the Department of Hawaiian Home
Lands during the period covered by the
plan, including--
``(aa) transitional
housing;
``(bb) homeless housing;
``(cc) college housing; and
``(dd) supportive services
housing; and
``(II) the requirements and
assistance available under such
programs;
``(viii)(I) a description of any housing to
be demolished or disposed of;
``(II) a timetable for that demolition or
disposition; and
``(III) any other information required by
the Secretary with respect to that demolition
or disposition;
``(ix) a description of the manner in which
the Department of Hawaiian Home Lands will
coordinate with welfare agencies in the State
of Hawaii to ensure that residents of the
affordable housing will be provided with access
to resources to assist in obtaining employment
and achieving self-sufficiency;
``(x) a description of the requirements
established by the Department of Hawaiian Home
Lands to--
``(I) promote the safety of
residents of the affordable housing;
``(II) facilitate the undertaking
of crime prevention measures;
``(III) allow resident input and
involvement, including the
establishment of resident
organizations; and
``(IV) allow for the coordination
of crime prevention activities between
the Department and local law
enforcement officials; and
``(xi) a description of the entities that
will carry out the activities under the plan,
including the organizational capacity and key
personnel of the entities.
``(E) Certification of compliance.--Evidence of
compliance that shall include, as appropriate--
``(i) a certification that the Department
of Hawaiian Home Lands will comply with--
``(I) title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.)
or with title VIII of the Act popularly
known as the `Civil Rights Act of 1968'
(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 title VIII of the Act popularly known as the `Civil
Rights Act of 1968' (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
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