HAWAIIAN HOMES
COMMISSION ACT
What Have We Forgotten?
THE ACT AND ITS AMENDMENTS
The Hawaiian Homes Commission Act of 1920/1921
The Hawaiian Home Lands Recovery Act of 1996 (Introduced by Don Young)
Settlement of Federal Claims (Sec. 203 “Available lands”)
Procedure for Approval of Amendments to Hawaiian Home Commission Act
Land Exchanges
Designation of an individual in Interior to administer the responsibilities of
the US under this Title (Funding in 2004—Office of Native Hawaiian
Relations)
List of 21 Amendments to the HHCA by State of Hawaii Legislature since 1995. Only 2
required consent of Congress. Only 1 still pending, Act 302 (2001) about Homestead
governance.
1.
2.
3.
4.
THE ACT AND THE ADMISSIONS ACT
Public Law 86-3 is the Admission Act for the State of Hawaii.
CRITICAL PROVISIONS
Preamble language: That, subject to the provisions of this Act, . . . The State of Hawaii is
hereby declared to be a State of the United States of America, is declared admitted into the Union on
an equal footing with the other States in all respects whatever . . .
Sec. 4. As a compact with the United States relating to the management and disposition of
the Hawaiian home lands, the Hawaiian Homes Commission Act, 19920, as amended, shall be
adopted as a provision of the Constitution of said State, as provided in section 7, subsection (b) of
this Act, subject to amendment or repeal only with the consent of the United States, . . .
Sec. 5. . . . (f) The lands granted to the State of Hawaii by subsection (b) of
this section . . shall be held by said State as a public trust for the support of the . . . For
the betterment of the conditions of native Hawaiians, as defined in the Hawaiian
Homes Commission Act, 1920, as amended, . . .
Sec. 15. All Territorial laws in force in the Territory of Hawaii at the time of
its admission into the Union shall continue in force in the State of Hawaii, except as
modified or changed by this Act of by the constitution of the State, and shall be subject
to repeal or amendment by the Legislature of the State of Hawaii, except as provided in
section 4 of this Act with respect to the Hawaii Homes Commission Act, 1920, as
amended; . . . Provided, That, except as herein otherwise provided a Territorial law
enacted by the Congress shall be terminated two years after the date of admission of
the State of Hawaii into the Union or . . .
THE THREATS TO THE ACT
The Position of Members of Senate
The Section15 cited above has been argued by a Republican member of the US
Senate that the Hawaiian Homes Commission Act, 1920, therefore expired 2 years
after Statehood or should be deemed expired.
The Position of the State Legislature
SB No.1520 (2011) is very troubling because it became law, though the troubling
section was repealed. This is the Roll Commission.
SECTION 3. The Hawaiian Homes Commission Act, 1920, shall be
amended, subject to approval by the United States Congress, if necessary, to
accomplish the purposes set forth in this Act in a manner that is expeditious,
timely, and consistent with the current needs and requirements of the Native
Hawaiian people and the current beneficiaries of the Hawaii Homes
Commission Act, 1920.
In the Conference Committee Report it provides that this Section was added
to: (11) Clarify that the Hawaiian Homes Commission Act, 1920, shall be
amended, subject to approval of the United States Congress, if necessary, to
accomplish the purposes set forth in this Act;
FEDERAL RECOGNITION AND THE ACT
Conflict between federal recognition and the HHCA?
Three Ways to Achieve Federal Recognition
1.
Act of Congress (Akaka Bill)
2.
Administrative (Executive Order)
The significance of Kahawaiolaa v. Norton. (Part 83)
3.
Judicial-- Lawsuit
FUTURE OF THE ACT
Is There a Future?
1.
What does the actions of the Legislature tell you?
2.
What would federal recognition do to the special trust relationship?
3.
What is the recourse if the Trust does not sustain itself?
THE ROLE OF THE COMMISSION
1.
The fiduciary duty owed to the Beneficiaries.
2.
Who does the Commission answer to?
3.
Should there be an elected Commission?
4.
What is the relationship between the Commission and the Department of Interior?
THE ROLE OF THE BENEFICIARY
The Act was enacted as a homesteading program to place native Hawaiians (50% blood
quantum of more, on lands. When Hawaii became a State, Section 4 of the Admission Act also states
that the benefits cannot be diminished and neither can the blood qualifications. Many studies have
been done. In 1983 a task force documented deficiencies such as lack of accountability, improper use
of lands by ineligible persons, poor financial investments, long waiting lists.
Still outstanding, Individual Claims litigation.
The Hawaiian Home Lands Recovery Act does state in SEC. 206 that an individual will be
designated from the DOI to be administer the responsibilities of the US under this Act and the
HHCA. The responsibilities will be advance the interest of the beneficiaries and assist the
beneficiaries and the DHHL to access federal programs to promote homesteading opportunties,
economic self-sufficiency and social well being.
NAHASDA AND THE FUTURE
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF DETERMINATION ACT
1996
TITLE VIII HOUSING ASSISTNANCE FOR NATIVE HAWAIIANS
2000-2005
Title VIII has been reauthorized. In December 2014, the House of Representatives
passed a reauthorization of NAHASDA including Title VIII. Failed in the Senate
DHHL has received about $110,244,479 million up to June 2013 plus $10.2 million
in ARRA funds
The programs are Block Grants and Section 184A Loan Guarantee Programs
Requirement is the submission of a 5 year plan and a 1 year plan
Requirement that DHHL make “all reasonable efforts” to maximize participation by
the private sector, non profits are encouraged in implementing Housing plan
Director of DHHL are to provide assistance for homeownership activities under
810(b), 810(f) 184A of the Housing and Community Development Act of 1992 (loan
guarantee)
810(b) are Affordable Housing Activities like development, counseling, management