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25 U.S.C. § 4221 — Definitions

submitted 26 years ago by Pub. L. 104-330 to r/title-25-INDIANS · 398 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines the Department of Hawaiian Home Lands, its Director, elderly and near-elderly families, Hawaiian Home Lands, housing area and entity, housing plan, median income, and Native Hawaiian. The section states these rules.

In this subchapter:

(1) “Department of Hawaiian Home Lands” or “Department” means the Hawaii State agency responsible for administering the Hawaiian Homes Commission Act, 1920.
(2) “Director” means the Department’s Director.
(3)(A) “Elderly family” or “near-elderly family” means a family whose head or spouse, or whose only member, is an elderly person or near-elderly person, respectively. (B) It also includes two or more elderly or near-elderly people living together, or one or more such people living with people whom the housing plan finds essential to their care or well-being.
(4) “Hawaiian Home Lands” means lands having that status under section 204 of the Hawaiian Homes Commission Act, 1920, or acquired under that Act.
(5) “Housing area” means Hawaiian Home Lands where the Department is authorized to provide affordable-housing assistance under this chapter.
(6) “Housing entity” means the Department.
(7) “Housing plan” means a plan developed by the Department.
(8) “Median income,” for a Hawaiian housing area, means the greater of the area’s median income as determined by the Secretary or Hawaii’s median income.
(9) “Native Hawaiian” means a United States citizen descended from the aboriginal people who, before 1778, occupied and exercised sovereignty in the area now constituting Hawaii, as shown by genealogical records, verification by kupuna (elders) or kamaʻaina (long-term community residents), or Hawaii birth records.

the actual law source: uscode.house.gov ↗public domain

In this subchapter:

(1) Department of Hawaiian Home Lands; Department

The term “Department of Hawaiian Home Lands” or “Department” means the agency or department of the government of the State of Hawaii that is responsible for the administration of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.).

(2) Director

The term “Director” means the Director of the Department of Hawaiian Home Lands.

(3) Elderly families; near-elderly families
(A) In general

The term “elderly family” or “near-elderly family” means a family whose head (or his or her spouse), or whose sole member, is—

(i)

for an elderly family, an elderly person; or

(ii)

for a near-elderly family, a near-elderly person.

(B) Certain families included

The term “elderly family” or “near-elderly family” includes—

(i)

two or more elderly persons or near-elderly persons, as the case may be, living together; and

(ii)

one or more persons described in clause (i) living with one or more persons determined under the housing plan to be essential to their care or well-being.

(4) Hawaiian Home Lands

The term “Hawaiian Home Lands” means lands that—

(A)

have the status as Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 110); or

(B)

are acquired pursuant to that Act.

(5) Housing area

The term “housing area” means an area of Hawaiian Home Lands with respect to which the Department of Hawaiian Home Lands is authorized to provide assistance for affordable housing under this chapter.

(6) Housing entity

The term “housing entity” means the Department of Hawaiian Home Lands.

(7) Housing plan

The term “housing plan” means a plan developed by the Department of Hawaiian Home Lands.

(8) Median income

The term “median income” means, with respect to an area that is a Hawaiian housing area, the greater of—

(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 kamaʻaina (long-term community residents); or

(iii)

birth records of the State of Hawaii.

Source credit: (Pub. L. 104–330, title VIII, § 801, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2876, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2969.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 104-330 · 114 Stat. 2876

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-330 on 2000-12-27.

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