[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2174 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2174

To provide for the administration of the Hawaiian Homes Commission Act, 
                     1920, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 June 9 (legislative day, June 7), 1994

   Mr. Akaka introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the administration of the Hawaiian Homes Commission Act, 
                     1920, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hawaiian Home Lands Recovery Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Beneficiary.--The term ``beneficiary'' has the same 
        meaning as is given the term ``native Hawaiian'' under section 
        201(7) of the Hawaiian Homes Commission Act.
            (2) Chairperson.--The term ``Chairperson'' means the 
        Chairperson of the Department of Hawaiian Home Lands of the 
        State of Hawaii.
            (3) Commission.--The term ``Commission'' means the Hawaiian 
        Homes Commission established by section 202 of the Hawaiian 
        Homes Commission Act.
            (4) Hawaiian homes commission act.--The term ``Hawaiian 
        Homes Commission Act'' means the Hawaiian Homes Commission Act, 
        1920 (42 Stat. 108 et seq., chapter 42).
            (5) Hawaii state admissions act.--The term ``Hawaii State 
        Admissions Act'' means the Act entitled ``An Act to provide for 
        the admission of the State of Hawaii into the Union'', approved 
        March 18, 1959 (73 Stat. 4, chapter 339; 48 U.S.C. note prec. 
        491).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. SETTLEMENT OF FEDERAL CLAIMS.

    (a) In General.--
            (1) In general.--The Secretary is authorized to settle 
        claims against the United States by beneficiaries through 
        negotiations with a representative of the beneficiaries and the 
        State of Hawaii. A settlement made under this paragraph may 
        include an exchange of lands under paragraph (2).
            (2) Exchange.--
                    (A) Authorization.--(i) Subject to subparagraphs 
                (B) and (C), pursuant to a settlement entered into 
                under this section, the Secretary may convey Federal 
                lands described in subparagraph (C) to the Department 
                of Hawaiian Home Lands in exchange for the continued 
                retention by the Federal Government of lands described 
                in clause (ii).
                    (ii) The lands described in this clause are lands 
                under the control of the Federal Government that--
                            (I) were initially designated as Hawaiian 
                        home lands under section 203 of the Hawaiian 
                        Homes Commission Act; and
                            (II) were nevertheless transferred to or 
                        otherwise acquired by the Federal Government.
                    (B) Value of lands.--(i) The value of any lands 
                conveyed to the Department of Hawaiian Home Lands by 
                the Federal Government in accordance with an exchange 
                made under subparagraph (A) may not be less than the 
                value of the lands retained by the Federal Government 
                pursuant to such exchange.
                    (ii) For the purposes of this paragraph, the value 
                of any lands exchanged pursuant to subparagraph (A) 
                shall be the value of the lands subject to the exchange 
                on the date that the exchange is carried out, or any 
                other date determined by the Secretary, with the 
                concurrence of the appropriate official of the State of 
                Hawaii and the representative of the beneficiaries 
                referred to in paragraph (1).
                    (C) Federal lands for exchange.--(i) Subject to 
                clause (ii), the Federal lands that may be conveyed to 
                the Department of Hawaiian Home Lands under 
                subparagraph (A) are lands located in Hawaii that--
                            (I) are under the control of the Secretary 
                        (other than lands within the National Park 
                        System or the National Wildlife Refuge System); 
                        or
                            (II) have been declared surplus property 
                        under the Federal Property and Administrative 
                        Services Act of 1949 (40 U.S.C. 471 et seq.).
                    (ii) No Federal lands that the Federal Government 
                is required to convey to the State of Hawaii under 
                section 5 of the Hawaii State Admissions Act may be 
                exchanged under subparagraph (A).
                    (D) Compensation for loss of use.--The Secretary 
                may convey lands to the Department of Hawaiian Home 
                Lands under this paragraph as compensation for the lost 
                use of lands described in subparagraph (A)(ii).
                    (E) Conditions.--(i) Subject to clause (ii), the 
                Secretary shall require that lands conveyed to the 
                Department of Hawaiian Home Lands under this paragraph 
                shall have the status of available lands under the 
                Hawaiian Homes Commission Act.
                    (ii) Notwithstanding any other provision of law, 
                lands conveyed to the Department of Hawaiian Home Lands 
                under this paragraph may later be exchanged pursuant to 
                section 204(3) of the Hawaiian Homes Commission Act.
            (3) Representative of the beneficiaries.--
                    (A) In general.--Notwithstanding any other 
                provision of law, for the purpose of negotiating and 
                settling claims described in paragraph (1), the actions 
                of the representative of the beneficiaries shall be 
                binding on the beneficiaries.
                    (B) Consultation.--In carrying out responsibilities 
                under this Act, the representative of the beneficiaries 
                shall--
                            (i) consult with the beneficiaries and 
                        organizations representing the beneficiaries; 
                        and
                            (ii) report to such organizations on a 
                        regular basis concerning the progress of 
                        negotiations relating to claims described in 
                        paragraph (1).
    (b) Notification.--
            (1) In general.--Except as provided in paragraph (2), if 
        the Secretary, the representative of the beneficiaries, and the 
        State of Hawaii do not settle all claims described in 
        subsection (a)(1) during the 1-year period beginning on the 
        date of enactment of this Act, upon the termination of such 
        period, the Secretary shall provide written notification of the 
        status of the claims to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Natural Resources 
        of the House of Representatives.
            (2) Extension of negotiations.--
                    (A) In general.--The Secretary, with the 
                concurrence of the representative of the beneficiaries 
                and the State of Hawaii, may extend the termination 
                date of the period for negotiating and settling claims 
                specified in paragraph (1) beyond the termination date 
                specified in such paragraph, except that the extended 
                period shall terminate not later than 2 years after the 
                date of enactment of this Act.
                    (B) Notification.--The Secretary shall provide 
                written notification to the Committee on Energy and 
                Natural Resources of the Senate and the Committee on 
                Natural Resources of the House of Representatives of 
                any extension of the period specified in paragraph (1) 
                made pursuant to subparagraph (A).
    (c) Statutory Construction.--Nothing in this Act is intended to 
limit the right--
            (1) of the representative of the beneficiaries to seek 
        relief in a civil action against the United States; or
            (2) of any person to seek further legislative relief.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 4. PROCEDURE FOR APPROVAL OF AMENDMENTS TO HAWAIIAN HOMES 
              COMMISSION ACT.

    (a) Notice to the Secretary.--Not later than 60 days after the 
legislature of the State of Hawaii approves a proposed amendment to the 
Hawaiian Homes Commission Act in the manner required for State 
legislation, the Chairperson shall submit to the Secretary--
            (1) a copy of the proposed amendment;
            (2) the nature of the change proposed to be made by the 
        amendment; and
            (3) an opinion by the Chairperson regarding whether the 
        proposed amendment requires the approval of Congress under 
        section 4 of the Hawaii State Admissions Act.
    (b) Determination by Secretary.--Not later than 60 days after 
receiving the materials required to be submitted by the Chairperson 
pursuant to subsection (a), the Secretary shall determine whether the 
proposed amendment requires the approval of Congress under section 4 of 
the Hawaii State Admissions Act, and shall notify the Chairperson and 
Congress of the determination of the Secretary.
    (c) Congressional Approval Required.--If, pursuant to subsection 
(b), the Secretary determines that the proposed amendment requires the 
approval of Congress, the Secretary shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives--
            (1) a draft joint resolution approving the amendment;
            (2) a description of the change made by the proposed 
        amendment and an explanation of how the amendment advances the 
        interests of the beneficiaries;
            (3) a comparison of the existing law (as of the date of 
        submission of the proposed amendment) that is the subject of 
        the amendment with the proposed amendment;
            (4) a recommendation concerning the advisability of 
        approving the proposed amendment; and
            (5) any documentation concerning the amendments received 
        from the Chairperson.

SEC. 5. LAND EXCHANGES.

    (a) Notice to the Secretary.--If the Chairperson recommends for 
approval an exchange of Hawaiian home lands, the Chairperson shall 
submit a report to the Secretary on the proposed exchange. The report 
shall contain--
            (1) a description of the acreage and fair market value of 
        the lands involved in the exchange;
            (2) surveys and appraisals prepared by the Department of 
        Hawaiian Home Lands, if any; and
            (3) an identification of the benefits to the parties of the 
        proposed exchange.
    (b) Approval or Disapproval.--
            (1) In general.--Not later than 120 days after receiving 
        the information required to be submitted by the Chairperson 
        pursuant to subsection (a), the Secretary shall approve or 
        disapprove the proposed exchange.
            (2) Notification.--The Secretary shall notify the 
        Chairperson, the Committee on Energy and Natural Resources of 
        the Senate, and the Committee on Natural Resources of the House 
        of Representatives of the reasons for the approval or 
        disapproval of the proposed exchange.
    (c) Exchanges Initiated by Secretary.--
            (1) In general.--The Secretary may recommend to the 
        Chairperson an exchange of Hawaiian home lands for Federal 
        lands described in subclauses (I) and (II) of section 
        3(a)(2)(C)(i), other than lands described in section 
        3(a)(2)(C)(ii). If the Secretary initiates a recommendation for 
        such an exchange, the Secretary shall submit a report to the 
        Chairperson on the proposed exchange that meets the 
        requirements of a report described in subsection (a).
            (2) Approval by chairperson.--Not later than 120 days after 
        receiving a recommendation for an exchange from the Secretary 
        under paragraph (1), the Chairperson shall provide written 
        notification to the Secretary of the approval or disapproval of 
        a proposed exchange. If the Chairperson approves the proposed 
        exchange, upon receipt of the written notification, the 
        Secretary shall notify the Committee on Energy and Natural 
        Resources of the Senate, and the Committee on Natural Resources 
        of the House of Representatives of the approval of the 
        Chairperson of the proposed exchange.
            (3) Exchange.--Upon providing notification pursuant to 
        paragraph (2) of a proposed exchange that has been approved by 
        the Chairperson pursuant to this section, the Secretary may 
        carry out the exchange.
    (d) Surveys and Appraisals.--
            (1) Requirement.--The Secretary shall conduct a survey of 
        all Hawaiian home lands based on the report entitled ``Survey 
        Needs for the Hawaiian Home Lands'', issued by the Inspector 
        General of the Department of the Interior, and dated July 1991.
            (2) Other surveys.--The Secretary is authorized to conduct 
        such other surveys and appraisals as may be necessary to make 
        an informed decision regarding approval or disapproval of a 
        proposed exchange.

SEC. 6. ADMINISTRATION OF ACTS.

    (a) Designation.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary shall designate an 
        individual from within the Department of the Interior to 
        administer the responsibilities of the United States under this 
        Act and the Hawaiian Homes Commission Act.
            (2) Default.--If the Secretary fails to make an appointment 
        by the date specified in paragraph (1), or if the position is 
        vacant at any time thereafter, the Assistant Secretary for 
        Policy, Budget, and Administration of the Department of the 
        Interior shall exercise the responsibilities for the Department 
        in accordance with subsection (b).
    (b) Responsibilities.--The individual designated pursuant to 
subsection (a) shall, in administering the Acts referred to in such 
subsection--
            (1) advance the interests of the beneficiaries; and
            (2) assist the beneficiaries and the Department of Hawaiian 
        Home Lands in obtaining assistance from programs of the 
        Department of the Interior and other Federal agencies that will 
        promote homesteading opportunities, economic self-sufficiency, 
        and social well-being of the beneficiaries.

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