[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1336.62]



[Page 237]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1336_NATIVE AMERICAN PROGRAMS--Table of Contents

 

   Subpart F_Native Hawaiian Revolving Loan Fund Demonstration Project

 

Sec. 1336.62  Definitions.



    Applicant means an applicant for a loan from the Native Hawaiian 

Revolving Loan Fund. An applicant must be an individual Native Hawaiian 

or a Native Hawaiian organization. If the applicant is a group of people 

organized for economic development purposes, the applicant ownership 

must be 100% Native Hawaiian.

    Commissioner means the Commissioner of the Administration for Native 

Americans.

    Cooperative association means an association of individuals 

organized pursuant to State or Federal law, for the purpose of owning 

and operating an economic enterprise for profit, with profits 

distributed or allocated to patrons who are members of the organization.

    Corporation means an entity organized pursuant to State or Federal 

law, as a corporation, with or without stock, for the purpose of owning 

and operating an economic enterprise.

    Default means failure of a borrower to make scheduled payments on a 

loan, failure to obtain the lender's approval for disposal of assets 

mortgaged as security for a loan, or failure to comply with the 

convenants, obligations or other provisions of a loan agreement.

    Economic enterprise means any Native Hawaiian-owned, commercial, 

industrial, agricultural or other business activity established or 

organized for the purpose of profit.

    Financing statement means the document filed or recorded in country 

or State offices pursuant to the provisions of the Uniform Commercial 

Code as enacted by Hawaii notifying third parties that a lender has a 

lien on the chattel and/or crops of a borrower.

    Loan Administrator means either the agency of the State of Hawaii or 

the community-based Native Hawaiian organization whose purpose is the 

economic and social self-sufficiency of Native Hawaiians selected to 

administer the revolving loan fund.

    Mortgages mean mortgages and deeds of trust evidencing an 

encumbrance of trust or restricted land, mortgages and security 

agreements executed as evidence of liens against crops and chattels, and 

mortgages and deeds of trust evidencing a lien on leasehold interests.

    Native Hawaiian means an individual any of whose ancestors were 

natives of the area which consists of the Hawaiian Islands prior to 

1778.

    Partnership means two or more persons engaged in the same business, 

sharing its profits and risks, and organized pursuant to state or 

Federal law.

    Profits mean the net income earned after deducting operating 

expenses from operating revenues.

    Revolving Loan Fund (RLF) means all funds that are now or are 

hereafter a part of the Native Hawaiian Revolving Loan Fund authorized 

by the Native American Programs Act of 1974, as amended in 1987, and 

supplemented by sums collected in repayment of loans made, including 

interest or other charges on loans and any funds appropriated pursuant 

to section 803A of the Native American Programs Act of 1974, as amended.