PUBLIC LAW 106-568—DEC. 27, 2000 114 STAT. 2877 "(A) the median income for the Hawaiian housing area, which shall be determined by the Secretary; or "(B) the median income for the State of Hawaii. "(9) NATIVE HAWAIIAN. —The term 'Native Hawaiian' means any individual who is— "(A) a citizen of the United States; and "(B) a descendant of the aboriginal people, who, prior to 1778, occupied and exercised sovereignty in the area that currently constitutes the State of Hawaii, as evidenced by- "(i) genealogical records; "(ii) verification by kupuna (elders) or kama'aina (long-term community residents); or "(iii) birth records of the State of Hawaii. "SEC. 802. BLOCK GRANTS FOR AFFORDABLE HOUSING ACTIVITIES. 25 USC 4222. "(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.
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