- adjusted income
means the annual income that remains after excluding the following amounts:
- affordable housing
means housing that complies with the requirements for affordable housing under subchapter II.
- 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.).
- Director
means the Director of the Department of Hawaiian Home Lands.
- drug-related criminal activity
means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as such term is defined in section 802 of title 21).
- elderly person
means a person who is at least 62 years of age.
- family
includes a family with or without children, an elderly family, a near-elderly family, a disabled family, and a single person.
- federally recognized tribe
means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).1
- grant beneficiary
means the Indian tribe or tribes on behalf of which a grant is made under this chapter to a recipient.
- Hawaiian Home Lands
means lands that—
- 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.
- housing entity
means the Department of Hawaiian Home Lands.
- housing plan
means a plan developed by the Department of Hawaiian Home Lands.
- housing program
means a program under the administration of the Secretary of Housing and Urban Development or the Secretary of Agriculture (through the Administrator of the Farmers Home Administration) that provides assistance in the form of contracts, grants, loans, cooperative agreements, or any other form of assistance (including the insurance or guarantee of a loan, mortgage, or pool of mortgages) for housing.
- housing related community development
means any facility, community building, business, activity, or infrastructure that—
- income
means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary, except that the following amounts may not be considered as income under this paragraph:
- Indian
means any person who is a member of an Indian tribe.
- Indian area
means the area within which an Indian tribe or a tribally designated housing entity, as authorized by 1 or more Indian tribes, provides assistance under this chapter for affordable housing.
- Indian housing plan
means a plan under section 4112 of this title.
- Indian tribe
means a tribe that is a federally recognized tribe or a State recognized tribe.
- low-income family
means a family whose income does not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may, for purposes of this paragraph, establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the findings of the Secretary or the agency that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes.
- median income
means, with respect to an area that is an Indian area, the greater of—
- Native Hawaiian
means any individual who is—
- near-elderly family
means a family whose head (or his or her spouse), or whose sole member, is—
- near-elderly person
means a person who is at least 55 years of age and less than 62 years of age.
- nonprofit
means, with respect to an organization, association, corporation, or other entity, that no part of the net earnings of the entity inures to the benefit of any member, founder, contributor, or individual.
- person with disabilities
means a person who— Such term shall not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome.
- qualifying Indian tribe
means, with respect to a fiscal year, an Indian tribe or tribally designated housing entity—
- reasons beyond the control of the recipient
means, after making reasonable efforts, there remain—
- recipient
means an Indian tribe or the entity for one or more Indian tribes that is authorized to receive grant amounts under this chapter on behalf of the tribe or tribes.
- Secretary
means the Secretary of Housing and Urban Development.
- State
means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States and Indian tribes.
- State recognized tribe
means any tribe, band, nation, pueblo, village, or community—