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``(c) REVIEW.--
[Page: H11969] GPO's PDF
``(1) IN GENERAL.--After the Director of the Department of Hawaiian Home Lands submits a housing plan under section 803, or any amendment or modification to the plan to the Secretary, to the extent that the Secretary considers such action to be necessary to make a determination under this subsection, the Secretary shall review the plan (including any amendments or modifications thereto) to determine whether the contents of the plan--
``(A) set forth the information required by section 803 to be contained in the housing plan;
``(B) are consistent with information and data available to the Secretary; and
``(C) are not prohibited by or inconsistent with any provision of this Act or any other applicable law.
``(2) INCOMPLETE PLANS.--If the Secretary determines under this subsection that any of the appropriate certifications required under section 803(c)(2)(E) are not included in a plan, the plan shall be considered to be incomplete.
``(d) UPDATES TO PLAN.--
``(1) IN GENERAL.--Subject to paragraph (2), after a plan under section 803 has been submitted for a fiscal year, the Director of the Department of Hawaiian Home Lands may comply with the provisions of that section for any succeeding fiscal year (with respect to information included for the 5-year period under section 803(b) or for the 1-year period under section 803(c)) by submitting only such information regarding such changes as may be necessary to update the plan previously submitted.
``(2) COMPLETE PLANS.--The Director shall submit a complete plan under section 803 not later than 4 years after submitting an initial plan under that section, and not less frequently than every 4 years thereafter.
``(e) EFFECTIVE DATE.--This section and section 803 shall take effect on the date provided by the Secretary pursuant to section 807(a) to provide for timely submission and review of the housing plan as necessary for the provision of assistance under this title for fiscal year 2001.
``SEC. 805. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
``(a) PROGRAM INCOME.--
``(1) AUTHORITY TO RETAIN.--The Department of Hawaiian Home Lands may retain any program income that is realized from any grant amounts received by the Department under this title if--
``(A) that income was realized after the initial disbursement of the grant amounts received by the Department; and
``(B) the Director agrees to use the program income for affordable housing activities in accordance with the provisions of this title.
``(2) PROHIBITION OF REDUCTION OF GRANT.--The Secretary may not reduce the grant amount for the Department of Hawaiian Home Lands based solely on--
``(A) whether the Department retains program income under paragraph (1); or
``(B) the amount of any such program income retained.
``(3) EXCLUSION OF AMOUNTS.--The Secretary may, by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with the requirements of this subsection would create an unreasonable administrative burden on the Department.
``(b) LABOR STANDARDS.--
``(1) IN GENERAL.--Any contract or agreement for assistance, sale, or lease pursuant to this title shall contain--
``(A) a provision requiring that an amount not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, technicians employed in the development and all maintenance, and laborers and mechanics employed in the operation, of the affordable housing project involved; and
``(B) a provision that an amount not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Act commonly known as the `Davis -Bacon Act' (46 Stat. 1494; chapter 411; 40 U.S.C. 276a et seq.) shall be paid to all laborers and mechanics employed in the development of the affordable housing involved.
``(2) EXCEPTIONS.--Paragraph (1) and provisions relating to wages required under paragraph (1) in any contract or agreement for assistance, sale, or lease under this title, shall not apply to any individual who performs the services for which the individual volunteered and who is not otherwise employed at any time in the construction work and received no compensation or is paid expenses, reasonable benefits, or a nominal fee for those services.
``SEC. 806. ENVIRONMENTAL REVIEW.
``(a) IN GENERAL.--
``(1) RELEASE OF FUNDS.--
``(A) IN GENERAL.--The Secretary may carry out the alternative environmental protection procedures described in subparagraph (B) in order to ensure--
``(i) that the policies of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions of law that further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of grant amounts provided under this title; and
``(ii) to the public undiminished protection of the environment.
``(B) ALTERNATIVE ENVIRONMENTAL PROTECTION PROCEDURE.--In lieu of applying environmental protection procedures otherwise applicable, the Secretary may by regulation provide for the release of funds for specific projects to the Department of Hawaiian Home Lands if the Director of the Department assumes all of the responsibilities for environmental review, decisionmaking, and action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and such other provisions of law as the regulations of the Secretary specify, that would apply to the Secretary were the Secretary to undertake those projects as Federal projects.
``(2) REGULATIONS.--
``(A) IN GENERAL.--The Secretary shall issue regulations to carry out this section only after consultation with the Council on Environmental Quality.
``(B) CONTENTS.--The regulations issued under this paragraph shall--
``(i) provide for the monitoring of the environmental reviews performed under this section;
``(ii) in the discretion of the Secretary, facilitate training for the performance of such reviews; and
``(iii) provide for the suspension or termination of the assumption of responsibilities under this section.
``(3) EFFECT ON ASSUMED RESPONSIBILITY.--The duty of the Secretary under paragraph (2)(B) shall not be construed to limit or reduce any responsibility assumed by the Department of Hawaiian Home Lands for grant amounts with respect to any specific release of funds.
``(b) PROCEDURE.--
``(1) IN GENERAL.--The Secretary shall authorize the release of funds subject to the procedures under this section only if, not less than 15 days before that approval and before any commitment of funds to such projects, the Director of the Department of Hawaiian Home Lands submits to the Secretary a request for such release accompanied by a certification that meets the requirements of subsection (c).
``(2) EFFECT OF APPROVAL.--The approval of the Secretary of a certification described in paragraph (1) shall be deemed to satisfy the responsibilities of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and such other provisions of law as the regulations of the Secretary specify to the extent that those responsibilities relate to the releases of funds for projects that are covered by that certification.
``(c) CERTIFICATION.--A certification under the procedures under this section shall--
``(1) be in a form acceptable to the Secretary;
``(2) be executed by the Director of the Department of Hawaiian Home Lands;
``(3) specify that the Department of Hawaiian Home Lands has fully carried out its responsibilities as described under subsection (a); and
``(4) specify that the Director--
``(A) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and each provision of law specified in regulations issued by the Secretary to the extent that those laws apply by reason of subsection (a); and
``(B) is authorized and consents on behalf of the Department of Hawaiian Home Lands and the Director to accept the jurisdiction of the Federal courts for the purpose of enforcement of the responsibilities of the Director of the Department of Hawaiian Home Lands as such an official.
``SEC. 807. REGULATIONS.
``The Secretary shall issue final regulations necessary to carry out this title not later than October 1, 2001.
``SEC. 808. EFFECTIVE DATE.
``Except as otherwise expressly provided in this title, this title shall take effect on the date of the enactment of the American Homeownership and Economic Opportunity Act of 2000.
``SEC. 809. AFFORDABLE HOUSING ACTIVITIES.
``(a) NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.--
``(1) PRIMARY OBJECTIVE.--The national objectives of this title are--
``(A) to assist and promote affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy environments for occupancy by low-income Native Hawaiian families;
``(B) to ensure better access to private mortgage markets and to promote self-sufficiency of low-income Native Hawaiian families;
``(C) to coordinate activities to provide housing for low-income Native Hawaiian families with Federal, State and local activities to further economic and community development;
``(D) to plan for and integrate infrastructure resources on the Hawaiian Home Lands with housing development; and
``(E) to--
``(i) promote the development of private capital markets; and
``(ii) allow the markets referred to in clause (i) to operate and grow, thereby benefiting Native Hawaiian communities.
``(2) ELIGIBLE FAMILIES.--
``(A) IN GENERAL.--Except as provided under subparagraph (B), assistance for eligible housing activities under this title shall be limited to low-income Native Hawaiian families.
``(B) EXCEPTION TO LOW-INCOME REQUIREMENT.--
[Page: H11970] GPO's PDF
``(i) IN GENERAL.--The Director may provide assistance for homeownership activities under--
``(I) section 810(b);
``(II) model activities under section 810(f); or
``(III) loan guarantee activities under section 184A of the Housing and Community Development Act of 1992 to Native Hawaiian families who are not low-income families, to the extent that the Secretary approves the activities under that section to address a need for housing for those families that cannot be reasonably met without that assistance.
``(ii) LIMITATIONS.--The Secretary shall establish limitations on the amount of assistance that may be provided under this title for activities for families that are not low-income families.
``(C) OTHER FAMILIES.--Notwithstanding paragraph (1), the Director may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this title to a family that is not composed of Native Hawaiians if--
``(i) the Department determines that the presence of the family in the housing involved is essential to the well-being of Native Hawaiian families; and
``(ii) the need for housing for the family cannot be reasonably met without the assistance.
``(D) PREFERENCE.--
``(i) IN GENERAL.--A housing plan submitted under section 803 may authorize a preference, for housing or housing assistance provided through affordable housing activities assisted with grant amounts provided under this title to be provided, to the extent practicable, to families that are eligible to reside on the Hawaiian Home Lands.
``(ii) APPLICATION.--In any case in which a housing plan provides for preference described in clause (i), the Director shall ensure that housing activities that are assisted with grant amounts under this title are subject to that preference.
``(E) USE OF NONPROFIT ORGANIZATIONS.--As a condition of receiving grant amounts under this title, the Department of Hawaiian Home Lands, shall to the extent practicable, provide for private nonprofit organizations experienced in the planning and development of affordable housing for Native Hawaiians to carry out affordable housing activities with those grant amounts.
``SEC. 810. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
``(a) IN GENERAL.--Affordable housing activities under this section are activities conducted in accordance with the requirements of section 811 to--
``(1) develop or to support affordable housing for rental or homeownership; or
``(2) provide housing services with respect to affordable housing, through the activities described in subsection (b).
``(b) ACTIVITIES.--The activities described in this subsection are the following:
``(1) DEVELOPMENT.--The acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, which may include--
``(A) real property acquisition;
``(B) site improvement;
``(C) the development of utilities and utility services;
``(D) conversion;
``(E) demolition;
``(F) financing;
``(G) administration and planning; and
``(H) other related activities.
``(2) HOUSING SERVICES.--The provision of housing-related services for affordable housing, including--
``(A) housing counseling in connection with rental or homeownership assistance;
``(B) the establishment and support of resident organizations and resident management corporations;
``(C) energy auditing;
``(D) activities related to the provisions of self-sufficiency and other services; and
``(E) other services related to assisting owners, tenants, contractors, and other entities participating or seeking to participate in other housing activities assisted pursuant to this section.
``(3) HOUSING MANAGEMENT SERVICES.--The provision of management services for affordable housing, including--
``(A) the preparation of work specifications;
``(B) loan processing;
``(C) inspections;
``(D) tenant selection;
``(E) management of tenant-based rental assistance; and
``(F) management of affordable housing projects.
``(4) CRIME PREVENTION AND SAFETY ACTIVITIES.--The provision of safety, security, and law enforcement measures and activities appropriate to protect residents of affordable housing from crime.
``(5) MODEL ACTIVITIES.--Housing activities under model programs that are--
``(A) designed to carry out the purposes of this title; and
``(B) specifically approved by the Secretary as appropriate for the purpose referred to in subparagraph (A).
``SEC. 811. PROGRAM REQUIREMENTS.
``(a) RENTS.--
``(1) ESTABLISHMENT.--Subject to paragraph (2), as a condition to receiving grant amounts under this title, the Director shall develop written policies governing rents and homebuyer payments charged for dwelling units assisted under this title, including methods by which such rents and homebuyer payments are determined.
``(2) MAXIMUM RENT.--In the case of any low-income family residing in a dwelling unit assisted with grant amounts under this title, the monthly rent or homebuyer payment (as applicable) for that dwelling unit may not exceed 30 percent of the monthly adjusted income of that family.
``(b) MAINTENANCE AND EFFICIENT OPERATION.--
``(1) IN GENERAL.--The Director shall, using amounts of any grants received under this title, reserve and use for operating under section 810 such amounts as may be necessary to provide for the continued maintenance and efficient operation of such housing.
``(2) DISPOSAL OF CERTAIN HOUSING.--This subsection may not be construed to prevent the Director, or any entity funded by the Department, from demolishing or disposing of housing, pursuant to regulations established by the Secretary.
``(c) INSURANCE COVERAGE.--As a condition to receiving grant amounts under this title, the Director shall require adequate insurance coverage for housing units that are owned or operated or assisted with grant amounts provided under this title.
``(d) ELIGIBILITY FOR ADMISSION.--As a condition to receiving grant amounts under this title, the Director shall develop written policies governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this title.
``(e) MANAGEMENT AND MAINTENANCE.--As a condition to receiving grant amounts under this title, the Director shall develop policies governing the management and maintenance of housing assisted with grant amounts under this title.
``SEC. 812. TYPES OF INVESTMENTS.
``(a) IN GENERAL.--Subject to section 811 and an applicable housing plan approved under section 803, the Director shall have--
``(1) the discretion to use grant amounts for affordable housing activities through the use of--
``(A) equity investments;
``(B) interest-bearing loans or advances;
``(C) noninterest-bearing loans or advances;
``(D) interest subsidies;
``(E) the leveraging of private investments; or
``(F) any other form of assistance that the Secretary determines to be consistent with the purposes of this title; and
``(2) the right to establish the terms of assistance provided with funds referred to in paragraph (1).
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