114 STAT. 2984 PUBLIC LAW 106-569—DEC. 27, 2000 "(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 803; and "(B) the prompt notification in writing of any rejected applicant of the grounds for that rejection. 25 USC 4234. " SEC. 815. REPAYMENT. "If the Department of Hawaiian Home Lands uses grant amounts to provide affordable housing under activities under this title and, at any time during the useful life of the housing, the housing does not comply with the requirement under section 813(a)(2), the Secretary shall— "(1) reduce future grant pa5anents on behalf of the Department by an amount equal to the grant amounts used for that housing (under the authority of section 819(a)(2)); or "(2) require repayment to the Secretary of any amount equal to those grant amounts. 25 USC 4235. "SEC. 816. ANNUAL ALLOCATION. "For each fiscal year, the Secretary shall allocate any amounts made available for assistance under this title for the fiscal year, in accordance with the formula established pursuant to section 817 to the Department of Hawaiian Home Lands if the Department complies with the requirements under this title for a grant under this title. 25 USC 4236. " SEC. 817. ALLOCATION FORMULA. Regulations. "(a) ESTABLISHMENT.—The Secretary shall, by regulation issued not later than the expiration of the 6-month period beginning on the date of the enactment of the American Homeownership and Economic Opportunity Act of 2000, in the manner provided under section 807, establish a formula to provide for the allocation of amounts available for a fiscal year for block grants under this title in accordance with the requirements of this section. " (b) FACTORS FOR DETERMINATION OF NEED.— The formula under subsection (a) 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), 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.
�
