Code · U.S. Code · Title 25 - INDIANS · CHAPTER 43— NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION · SUBCHAPTER VIII— HOUSING ASSISTANCE FOR NATIVE HAWAIIANS · § 4221

§ 4221. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.

(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.)

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