These Notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the Department of Hawaiian Home Lands.

On or about April 22, 2009, the Department of Hawaiian Home Lands (DHHL) will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Native Hawaiian Housing Block Grant funds under Title VIII of the Native American Housing Assistance and Self Determination Act of 1996, as amended, to undertake a project known as East Kapolei II. The project is a 374-acre subdivision on Hawaiian Home Lands at Kapolei, Ewa, Hawaii, which will consist of approximately 1,000 single family residential lots and 1,300 multi-family rental units, an elementary school, a middle school, recreational parks, and a community center. The proposed request for release of funds will consist of $34.6 million for on- and off-site infrastructure construction, $5.2 million for consultants (engineers, architects, construction managers, geotechnical inspectors), $10.9 million for house construction loans or down-payment assistance grants, $1.5 million for self-help technical assistance to construct 100 houses, and $1.7 million for utility fees – a total of $53.9 million.

DHHL has determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act (NEPA) of 1969 is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at the DHHL Land Development Division at Hale Kalanianaole, 91-5420 Kapolei Parkway, Kapolei, Hawaii, 96707 and may be examined or copied weekdays from 8:00 a.m. to 4:00 p.m.

Any individual, group, or agency disagreeing with this determination or wishing to comment on the project may submit written comments to DHHL. All comments received by April 21, 2009, will be considered by DHHL prior to submission of a request for release of funds. Comments should specify which Notice they are addressing. Comments shall be addressed to Chairman, Department of Hawaiian Home Lands, P.O. Box 1879, Honolulu, HI 96805.

DHHL certifies to HUD that Micah A. Kane, in his capacity as Chairman of the Hawaiian Homes Commission, consents to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD’s acceptance of the certification satisfies its responsibilities under NEPA and allows DHHL to use program funds.

HUD will accept objections to its release of funds and DHHL’s certification for a period of 15 days following the anticipated submission date or its actual receipt of the request (whichever is later) only if it is on one of the following bases: (a) the certification was not executed by the Certifying Officer of DHHL; (b) DHHL has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient has incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or (d) another federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to HUD’s Hawaii State Office at 500 Ala Moana Boulevard, Suite 3A, Honolulu, HI 96813. Potential objectors should contact HUD to verify the actual last day of the objection period.