[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 626 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 626

       To provide Federal housing assistance to Native Hawaiians.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 1997

Mr. Abercrombie (for himself, Mrs. Mink of Hawaii and Mr. Faleomavaega) 
 introduced the following bill; which was referred to the Committee on 
                     Banking and Financial Services

_______________________________________________________________________

                                 A BILL


 
       To provide Federal housing assistance to Native Hawaiians.

    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 ``Native Hawaiian Housing Assistance 
Act of 1997''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The Federal Government has a responsibility to promote 
        the general welfare of the Nation by employing its resources to 
        remedy the unsafe and unsanitary housing conditions and the 
        acute shortage of decent, safe, and sanitary dwellings for 
        families of lower income and by developing effective 
        partnerships with governmental and private entities to 
        accomplish these objectives.
            (2) Based upon the status of the Kingdom of Hawaii as an 
        internationally recognized and independent sovereign and the 
        unique historical and political relationship between the United 
        States and Native Hawaiians, the Native Hawaiian people have a 
        continuing right to local autonomy in traditional and cultural 
        affairs and an ongoing right of self-determination and self-
        governance that has never been extinguished.
            (3) The authority of Congress under the Constitution of the 
        United States to legislate and address matters affecting the 
        rights of indigenous people of the United States includes the 
        authority to legislate in matters affecting Native Hawaiians.
            (4) In 1921, in recognition of the severe decline in the 
        Native Hawaiian population, Congress enacted the Hawaiian Homes 
        Commission Act, 1920, which set aside approximately 200,000 
        acres of the ceded public lands for homesteading by Native 
        Hawaiians, thereby affirming the special relationship between 
        the United States and the Native Hawaiians.
            (5) In 1959, under 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), the United States reaffirmed the 
        special relationship between the United States and the Native 
        Hawaiian people--
                    (A) by transferring what the United States deemed 
                to be a trust responsibility for the administration of 
                the Hawaiian Home Lands to the State of Hawaii, but 
                continuing Federal superintendence by retaining the 
                power to enforce the trust, including the exclusive 
                right of the United States to consent to land exchanges 
                and any amendments to the Hawaiian Homes Commission 
                Act, 1920, enacted by the legislature of the State of 
                Hawaii affecting the rights of beneficiaries under such 
                Act; and
                    (B) by ceding to the State of Hawaii title to the 
                public lands formerly held by the United States, 
                mandating that such lands be held ``in public trust'' 
                for ``the betterment of the conditions of Native 
                Hawaiians, as defined in the Hawaiian Homes Commission 
Act, 1920'', and continuing Federal superintendence by retaining the 
exclusive legal responsibility to enforce this public trust.
            (6) In recognition of the special relationship that exists 
        between the United States and the Native Hawaiian people, 
        Congress has extended to Native Hawaiians the same rights and 
        privileges accorded to American Indians and Alaska Natives 
        under the Native American Programs Act of 1974, the American 
        Indian Religious Freedom Act, the National Museum of the 
        American Indian Act, the Native American Graves Protection and 
        Repatriation Act, the National Historic Preservation Act, the 
        Native American Languages Act, the American Indian, Alaska 
        Native and Native Hawaiian Culture and Arts Development Act, 
        the Job Training and Partnership Act, and the Older Americans 
        Act of 1965.
            (7) The special relationship has been recognized and 
        reaffirmed by the United States Congress in the area of 
        housing--
                    (A) through the authorization of mortgage loans 
                insured by the Federal Housing Administration for the 
                purchase, construction, or refinancing of homes on 
                Hawaiian Home Lands under the National Housing Act;
                    (B) by mandating Native Hawaiian representation on 
                the National Commission on American Indian, Alaska 
                Native, and Native Hawaiian Housing;
                    (C) by the inclusion of Native Hawaiians in the 
                Native American Veterans' Home Loan Equity Act of 1993; 
                and
                    (D) by enactment of the Hawaiian Home Lands 
                Recovery Act, which establishes a process that enables 
                the Federal Government to convey lands to the 
                Department of Hawaiian Home Lands equivalent in value 
                to lands acquired by the Federal Government.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To implement the recommendation of the National 
        Commission on American Indian, Alaska Native, and Native 
        Hawaiian Housing (in this Act referred to as the 
        ``Commission'') that Congress establish a Native Hawaiian 
        Housing and Infrastructure Assistance Program to alleviate and 
        address the severe housing needs of Native Hawaiians by 
        extending to them the same Federal housing assistance available 
        to American Indians and Alaska Natives.
            (2) To address the following needs of the Native Hawaiian 
        population, as documented in the Final Report of the 
        Commission, ``Building the Future: A Blueprint for Change'' 
        (1992); the United States Department of Housing and Urban 
        Development report, ``Housing Problems and Needs of Native 
        Hawaiians (1995);'' and the State Department of Hawaiian Home 
        Lands report ``Department of Hawaiian Home Lands Beneficiary 
        Needs Study'' (1995):
                    (A) Native Hawaiians experience the highest 
                percentage of housing problems in the Nation: 49 
                percent, compared to 44 percent for American Indian and 
                Alaska Native households in tribal areas, and 27 
                percent for all United States households, particularly 
                in the area of overcrowding (27 percent versus 3 
                percent nationally) with 36 percent of Hawaiian 
                homelands households experiencing overcrowding.
                    (B) Native Hawaiians have the worst housing 
                conditions in the State of Hawaii and are seriously 
                overrepresented in the State's homeless population, 
                representing over 30 percent.
                    (C) Among the Native Hawaiian population, the needs 
                of the Native Hawaiians eligible for Hawaiian homelands 
                are the most severe. Ninety-five percent of the current 
                applicants, approximately 13,000 Native Hawaiians, are 
                in need of housing, with one-half of those applicant 
                households facing overcrowding and one-third paying 
                more than 30 percent of their income for shelter. Under 
                Department of Housing and Urban Development guidelines, 
                70.8 percent of Department of Hawaiian Home Lands 
                lessees and applicants fall below the Department of 
                Housing and Urban Development median family income, 
                with more than half having incomes below 30 percent.

SEC. 3. HOUSING ASSISTANCE.

    The Native American Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4101 et seq.) is amended by adding at the end the 
following new title:

         ``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

``SEC. 801. BLOCK GRANTS FOR AFFORDABLE HOUSING ACTIVITIES.

    ``(a) Grant Authority.--For each fiscal year, the Secretary shall 
(to the extent amounts are made available to carry out this title) make 
a grant under this title to the Department of Hawaiian Home Lands to 
carry out affordable housing activities for Native Hawaiian families on 
or near Hawaiian Home Lands.
    ``(b) Applicability of Other Provisions.--
            ``(1) In general.--Except as provided pursuant to paragraph 
        (3), the provisions of sections 3 and 4 and titles I, II, and 
        IV shall apply to assistance under this title to the Department 
        of Hawaiian Home Lands for affordable housing for Native 
        Hawaiian families in the same manner that such provisions apply 
        to assistance under such sections and titles to recipients for 
        Indian tribes for affordable housing for Indian families.
            ``(2) References.--Except as provided pursuant to paragraph 
        (3), for purposes of carrying out this title, any references in 
        titles I, II, and IV--
                    ``(A) to `Indian area' is deemed to refer to areas 
                on or near Hawaiian Home Lands;
                    ``(B) to `Indian housing plan' is deemed to refer 
                to a plan under section 102 by the Department of 
                Hawaiian Home Lands;
                    ``(C) to `Indian tribe' as a grant beneficiary or 
                to `Indian families' is deemed to refer to Native 
                Hawaiians or the Department of Hawaiian Home Lands;
                    ``(D) to `Indian family' is deemed to refer to 
                Native Hawaiian family; and
                    ``(E) to `recipient', `tribally designated housing 
                entity', or `housing entity' is deemed to refer to the 
                Department of Hawaiian Home Lands.
            ``(3) Exception.--The Secretary may, by regulation, waive 
        or modify any provision of section 3 or 4, title I, II, or IV, 
        or paragraph (2) of this subsection, for purposes only of the 
        applicability of such provision to assistance under this title, 
        as the Secretary determines necessary to provide for assistance 
        under this title to meet the unique housing needs and 
        circumstances of Native Hawaiians.
    ``(c) Use of Nonprofit Organizations.--As a condition of receiving 
grant amounts under this title, the Department of Hawaiian Home Lands 
shall, to the extent practicable, provide for private nonprofit 
organizations experienced in the planning and development of affordable 
housing for Native Hawaiians to carry out affordable housing activities 
with such grant amounts.

``SEC. 802. DEFINITIONS.

    ``For purposes of this title, the following definitions shall 
apply:
            ``(1) Department of hawaiian home lands.--The term 
        `Department of Hawaiian Home Lands' 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.
            ``(2) Hawaiian home lands.--The term `Hawaiian home lands' 
        means the lands set aside for homesteading by Native Hawaiians 
        under the Hawaiian Homes Commission Act, 1920, and any other 
        lands acquired pursuant to such Act.
            ``(3) Native Hawaiian.--The term `Native Hawaiian' has the 
        meaning given such term in section 201 of the Hawaiian Homes 
        Commission Act, 1920.

``SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for grants under this 
title such sums as may be necessary for each of fiscal years 1997, 
1998, 1999, 2000, and 2001.''.

SEC. 4. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

    Section 184 of the Housing and Community Development Act of 1992 
(12 U.S.C. 1715z-13a) is amended by adding at the end the following new 
subsection:
    ``(l) Applicability to Native Hawaiian Housing.--
            ``(1) Guarantee authority.--To provide access to sources of 
        private financing to Native Hawaiian families, Native Hawaiian 
        housing authorities, and private nonprofit organizations 
        experienced in the planning and development of affordable 
        housing for Native Hawaiians, who otherwise could not acquire 
        housing financing because of the unique legal status of 
        Hawaiian Home Lands, the Secretary may guarantee not to exceed 
        100 percent of the unpaid principal and interest due on any 
        loan eligible pursuant to this subsection made to a Native 
        Hawaiian family, a Native Hawaiian housing authority, or such a 
        private nonprofit organization.
            ``(2) Applicability of other provisions.--
                    ``(A) In general.--Except as provided pursuant to 
                subparagraph (C), the provisions of subsections (b) 
                through (k) shall apply to loan guarantees under this 
                subsection to Native Hawaiian families and to Native 
                Hawaiian housing authorities and private nonprofit 
                organizations referred to in paragraph (1) in the same 
                manner that such provisions apply to guarantees under 
                such subsections to Indian families and Indian housing 
                authorities.
                    ``(B) References.--Except as provided pursuant to 
                subparagraph (C), for purposes of carrying out this 
                subsection, any references in subsections (b) through 
                (k)--
                            ``(i) to `Indian' is deemed to refer to 
                        Native Hawaiian;
                            ``(ii) to `Indian area' is deemed to refer 
                        to the area within which a Native Hawaiian 
                        housing authority is authorized to provide 
                        housing;
                            ``(iii) to `Indian housing authority' is 
                        deemed to refer to Native Hawaiian housing 
                        authority or a private nonprofit organization 
                        referred to in paragraph (1); and
                            ``(iv) to `trust land' is deemed to refer 
                        to Hawaiian Home Lands.
                    ``(C) Exception.--The Secretary may, by regulation, 
                waive or modify any provision of subsection (b) through 
                (k) or of subparagraph (B) of this paragraph, for 
                purposes only of the applicability of such provision to 
                loan guarantees under this subsection, as the Secretary 
                determines necessary to provide for loan guarantees 
                under this subsection to meet the unique housing needs 
                and circumstances of Native Hawaiians.
            ``(3) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Department of hawaiian home lands.--The term 
                `Department of Hawaiian Home Lands' 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.
                    ``(B) Hawaiian home lands.--The term `Hawaiian Home 
                Lands' means the lands set aside for homesteading by 
                Native Hawaiians under the Hawaiian Homes Commission 
                Act, 1920, and any other lands acquired pursuant to 
                that Act.
                    ``(C) Native hawaiian.--The term `Native Hawaiian' 
                has the meaning given such term in section 201 of the 
                Hawaiian Homes Commission Act, 1920.
                    ``(D) Native hawaiian housing authority.--The term 
                `Native Hawaiian housing authority' means any public 
                body (or agency or instrumentality thereof) established 
                under the laws of the State of Hawaii, that is 
                authorized to engage in or assist in the development or 
                operation of low-income housing for Native Hawaiians, 
                including the Department of Hawaiian Home Lands and the 
                Office of Hawaiian Affairs of the State of Hawaii.
            ``(4) Authorization of appropriations.--For costs (as such 
        term is defined in section 502 of the Congressional Budget Act 
        of 1974) of loan guarantees under this subsection, there are 
        authorized to be appropriated to the Indian Housing Loan 
        Guarantee Fund under subsection (i) such sums as may be 
        necessary for each of fiscal years 1997, 1998, 1999, 2000, and 
        2001.''.
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