Page:United States Statutes at Large Volume 114 Part 5.djvu/976

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114 STAT. 2990 PUBLIC LAW 106-569—DEC. 27, 2000 "(5) HAWAIIAN HOME LANDS. —The term 'Hawaiian Home Lands' means lands that— "(A) have the status of Hawaiian Home Lands under section 204 of the Hawaiian Homes Commission Act (42 Stat. 110); or "(B) are acquired pursuant to that Act. "(6) 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. "(7) OFFICE OF HAWAIIAN AFFAIRS. —-The term 'Office of Hawaiian Affairs' means the entity of that name established under the constitution of the State of Hawaii. "(b) AUTHORITY,—To provide access to sources of private financing to Native Hawaiian families who otherwise could not acquire housing financing because of the unique legal status of the Hawaiian Home Lands or as a result of a lack of access to private financial markets, the Secretary may guarantee an amount not to exceed 100 percent of the unpaid principal and interest that is due on an eligible loan under subsection (c). "(c) ELIGIBLE LOANS. — Under this section, a loan is an eligible loan if that loan meets the following requirements: "(1) ELIGIBLE BORROWERS. — The loan is made only to a borrower who is— "(A) a Native Hawaiian family; "(B) the Department of Hawaiian Home Lands; "(C) the Office of Hawaiian Affairs; or "(D) a private nonprofit organization experienced in the planning and development of affordable housing for Native Hawaiians. "(2) ELIGIBLE HOUSING.— "(A) IN GENERAL. — The loan will be used to construct, acquire, or rehabilitate not more than 4-family dwellings that are standard housing and are located on Hawaiian Home Lands for which a housing plan described in subparagraph (B) applies. "(B) HOUSING PLAN.—^A housing plan described in this subparagraph is a housing plan that— "(i) has been submitted and approved by the Secretary under section 803 of the Native American Housing Assistance and Self-Determination Act of 1996; and "(ii) provides for the use of loan guarantees under this section to provide affordable homeownership housing on Hawaiian Home Lands. "(3) SECURITY.—The loan may be secured by any collateral authorized under applicable Federal or State law. "(4) LENDERS. —