---
kind: "section"
citation: "25 U.S.C. § 4223"
title: "25"
title_heading: "Indians"
number: "4223"
heading: "Housing plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/4223"
units:
  - "Chapter 43 — Native American Housing Assistance and Self-Determination"
  - "Subchapter VIII — Housing Assistance for Native Hawaiians"
---

# §4223. Housing plan

- (a) **Plan submission—** The [Secretary](/usc/25/4103.md?p=20) shall—
  - (1) require the [Director](/usc/25/4221.md?p=2) to submit a [housing plan](/usc/25/4221.md?p=7) under this section for each fiscal year; and
  - (2) provide for the review of each plan submitted under [paragraph (1)](#a-1).
- (b) **Five-year plan—** Each [housing plan](/usc/25/4221.md?p=7) under this section shall—
  - (1) be in a form prescribed by the [Secretary](/usc/25/4103.md?p=20); and
  - (2) contain, with respect to the 5-year period beginning with the fiscal year for which the plan is submitted, the following information:
    - (A) **Mission statement.—** A general statement of the mission of the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) to serve the needs of the [low-income families](/usc/25/4103.md?p=14) to be served by the [Department](/usc/25/4221.md?p=1).
    - (B) **Goals and objectives.—** A statement of the goals and objectives of the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) to enable the [Department](/usc/25/4221.md?p=1) to serve the needs identified in [subparagraph (A)](#b-2-A) during the period.
    - (C) **Activities plans.—** An overview of the activities planned during the period including an analysis of the manner in which the activities will enable the [Department](/usc/25/4221.md?p=1) to meet its mission, goals, and objectives.
- (c) **One-year plan—** A [housing plan](/usc/25/4221.md?p=7) under this section shall—
  - (1) be in a form prescribed by the [Secretary](/usc/25/4103.md?p=20); and
  - (2) contain the following information relating to the fiscal year for which the assistance under this subchapter is to be made available:
    - (A) **Goals and objectives.—** A statement of the goals and objectives to be accomplished during the period covered by the plan.
    - (B) **Statement of needs.—** A statement of the housing needs of the [low-income families](/usc/25/4103.md?p=14) served by the [Department](/usc/25/4221.md?p=1) and the means by which those needs will be addressed during the period covered by the plan, including—
      - (i) a description of the estimated housing needs and the need for assistance for the [low-income families](/usc/25/4103.md?p=14) to be served by the [Department](/usc/25/4221.md?p=1), including a description of the manner in which the geographical distribution of assistance is consistent with—
        - (I) the geographical needs of those [families](/usc/25/4103.md?p=6); and
        - (II) needs for various categories of housing assistance; and
      - (ii) a description of the estimated housing needs for all [families](/usc/25/4103.md?p=6) to be served by the [Department](/usc/25/4221.md?p=1).
    - (C) **Financial resources.—** An operating budget for the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1), in a form prescribed by the [Secretary](/usc/25/4103.md?p=20), that includes—
      - (i) an identification and a description of the financial resources reasonably available to the [Department](/usc/25/4221.md?p=1) to carry out the purposes of this subchapter, including an explanation of the manner in which amounts made available will be used to leverage additional resources; and
      - (ii) the uses to which the resources described in [clause (i)](#c-2-C-i) will be committed, including—
        - (I) eligible and required [affordable housing](/usc/25/4103.md?p=2) activities; and
        - (II) administrative expenses.
    - (D) **Affordable housing resources.—** A statement of the [affordable housing](/usc/25/4103.md?p=2) resources currently available at the time of the submittal of the plan and to be made available during the period covered by the plan, including—
      - (i) a description of the significant characteristics of the housing market in the [State](/usc/25/4103.md?p=21) of Hawaii, including the availability of housing from other public sources, private market housing;
      - (ii) the manner in which the characteristics referred to in [clause (i)](#c-2-D-i) influence the decision of the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) to use grant amounts to be provided under this subchapter for—
        - (I) rental assistance;
        - (II) the production of new units;
        - (III) the acquisition of existing units; or
        - (IV) the rehabilitation of units;
      - (iii) a description of the structure, coordination, and means of cooperation between the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) and any other governmental entities in the development, submission, or implementation of [housing plans](/usc/25/4221.md?p=7), including a description of—
        - (I) the involvement of private, public, and [nonprofit](/usc/25/4103.md?p=17) organizations and institutions;
        - (II) the use of loan guarantees under [section 1715z–13b of title 12](/usc/12/1715z–13b.md); and
        - (III) other housing assistance provided by the United States, including loans, grants, and mortgage insurance;
      - (iv) a description of the manner in which the plan will address the needs identified pursuant to [subparagraph (C)](#c-2-C);
      - (v) a description of—
        - (I) any existing or anticipated homeownership programs and rental programs to be carried out during the period covered by the plan; and
        - (II) the requirements and assistance available under the programs referred to in [subclause (I)](#c-2-D-v-I);
      - (vi) a description of—
        - (I) any existing or anticipated housing rehabilitation programs necessary to ensure the long-term viability of the housing to be carried out during the period covered by the plan; and
        - (II) the requirements and assistance available under the programs referred to in [subclause (I)](#c-2-D-vi-I);
      - (vii) a description of—
        - (I) all other existing or anticipated housing assistance provided by the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) during the period covered by the plan, including—
          - (aa) transitional housing;
          - (bb) homeless housing;
          - (cc) college housing; and
          - (dd) supportive services housing; and
        - (II) the requirements and assistance available under such programs;
      - (viii)
        - (I) a description of any housing to be demolished or disposed of;
        - (II) a timetable for that demolition or disposition; and
        - (III) any other information required by the [Secretary](/usc/25/4103.md?p=20) with respect to that demolition or disposition;
      - (ix) a description of the manner in which the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) will coordinate with welfare agencies in the [State](/usc/25/4103.md?p=21) of Hawaii to ensure that residents of the [affordable housing](/usc/25/4103.md?p=2) will be provided with access to resources to assist in obtaining employment and achieving self-sufficiency;
      - (x) a description of the requirements established by the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) to—
        - (I) promote the safety of residents of the [affordable housing](/usc/25/4103.md?p=2);
        - (II) facilitate the undertaking of crime prevention measures;
        - (III) allow resident input and involvement, including the establishment of resident organizations; and
        - (IV) allow for the coordination of crime prevention activities between the [Department](/usc/25/4221.md?p=1) and local law enforcement officials; and
      - (xi) a description of the entities that will carry out the activities under the plan, including the organizational capacity and key personnel of the entities.
    - (E) **Certification of compliance.—** Evidence of compliance that shall include, as appropriate—
      - (i) a certification that the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) will comply with—
        - (I) title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](/usc/42/2000d.md) et seq.) or with the Fair Housing Act ([42 U.S.C. 3601](/usc/42/3601.md) et seq.) in carrying out this subchapter, to the extent that such title[^1] is applicable; and
        - (II) other applicable Federal statutes;
      - (ii) a certification that the [Department](/usc/25/4221.md?p=1) will require adequate insurance coverage for housing units that are owned and operated or assisted with grant amounts provided under this subchapter, in compliance with such requirements as may be established by the [Secretary](/usc/25/4103.md?p=20);
      - (iii) a certification that policies are in effect and are available for review by the [Secretary](/usc/25/4103.md?p=20) and the public governing the eligibility, admission, and occupancy of [families](/usc/25/4103.md?p=6) for housing assisted with grant amounts provided under this subchapter;
      - (iv) a certification that policies are in effect and are available for review by the [Secretary](/usc/25/4103.md?p=20) and the public governing rents charged, including the methods by which such rents or homebuyer payments are determined, for housing assisted with grant amounts provided under this subchapter; and
      - (v) a certification that policies are in effect and are available for review by the [Secretary](/usc/25/4103.md?p=20) and the public governing the management and maintenance of housing assisted with grant amounts provided under this subchapter.
- (d) **Applicability of civil rights statutes—**
  - (1) **In general—** To the extent that the requirements of title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](/usc/42/2000d.md) et seq.) or of the Fair Housing Act ([42 U.S.C. 3601](/usc/42/3601.md) et seq.) apply to assistance provided under this subchapter, nothing in the requirements concerning discrimination on the basis of race shall be construed to prevent the provision of assistance under this subchapter—
    - (A) to the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) on the basis that the [Department](/usc/25/4221.md?p=1) served [Native Hawaiians](/usc/25/4221.md?p=9); or
    - (B) to an eligible [family](/usc/25/4103.md?p=6) on the basis that the [family](/usc/25/4103.md?p=6) is a [Native Hawaiian](/usc/25/4221.md?p=9) [family](/usc/25/4103.md?p=6).
  - (2) **Civil rights—** Program eligibility under this subchapter may be restricted to [Native Hawaiians](/usc/25/4221.md?p=9). Subject to the preceding sentence, no person may be discriminated against on the basis of race, color, national origin, religion, sex, familial status, or disability.
- (e) **Use of nonprofit organizations—** As a condition of receiving grant amounts under this subchapter, the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) shall, to the extent practicable, provide for private [nonprofit](/usc/25/4103.md?p=17) organizations experienced in the planning and development of [affordable housing](/usc/25/4103.md?p=2) for [Native Hawaiians](/usc/25/4221.md?p=9) to carry out [affordable housing](/usc/25/4103.md?p=2) activities with those grant amounts.

## Footnotes

[^1]: See Codification note below.

## Source credit

(Pub. L. 104–330, title VIII, § 803, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2878, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2971.)

## Notes

### Editorial Notes

### References in Text

The Civil Rights Act of 1964, referred to in subsecs. (c)(2)(E)(i)(I) and (d)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

The Fair Housing Act, referred to in subsecs. (c)(2)(E)(i)(I) and (d)(1), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42 and Tables.

### Codification

Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 803 of Pub. L. 104–330. This section is based on the text of section 803 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. Section 803 of Pub. L. 104–330, as added by Pub. L. 106–568, referred to title VIII of the Act popularly known as the Civil Rights Act of 1968 instead of the Fair Housing Act in subsecs. (c)(2)(E)(i)(I) and (d)(1). Title VIII of the Civil Rights Act of 1968 is title VIII of Pub. L. 90–284 which is known as the Fair Housing Act, see References in Text note above. The reference to “such title” in subsec. (c)(2)(E)(i)(I) probably refers to title VI of the Civil Rights Act of 1964 and title VIII of the Civil Rights Act of 1968 (the Fair Housing Act).