Congressional Record, Volume 143 Issue 30 (Tuesday, March 11, 1997)

[Congressional Record Volume 143, Number 30 (Tuesday, March 11, 1997)]
[House]
[Pages H831-H833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

GRANTING CONSENT TO CERTAIN AMENDMENTS ENACTED BY THE HAWAII
LEGISLATURE TO HAWAIIAN HOMES COMMISSION ACT OF 1920

Mr. DOOLITTLE. Mr. Speaker, I move to suspend the rules and pass the
joint resolution (H.J. Res. 32) to consent to certain amendments
enacted by the legislature of the State of Hawaii to the Hawaiian Homes
Commission Act of 1920.
The Clerk read as follows:

H.J. Res. 32

Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That, as
required by section 4 of 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
consents to the following amendments to the Hawaiian Homes
Commission Act, adopted by the State of Hawaii in the manner
required for State legislation:
(1) Act 339 of the Session Laws of Hawaii, 1993.
(2) Act 37 of the Session Laws of Hawaii, 1994.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California [Mr. Doolittle] and the gentleman from Hawaii [Mr.
Abercrombie] each will control 20 minutes.
The Chair recognizes the gentleman from California [Mr. Doolittle].
Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I have a statement that I intend to submit for the
Record. But in that this resolution indeed is authored by a member of
our committee, the gentleman from Hawaii [Mr. Abercrombie], I will
reserve the balance of my time and yield to him to explain the joint
resolution.
Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I thank the gentleman from California for offering me
the opportunity to explain this resolution.
Mr. Speaker, I rise today in support of my joint resolution, House
Joint Resolution 32, to consent to certain amendments by the
legislature of the State of Hawaii to the Hawaiian Homes Commission Act
of 1920.
Over 75 years have elapsed since Congress passed the Hawaiian Homes
Commission Act of 1920. Under the Hawaiian Homes Commission Act,
approximately 203,500 acres of public lands was set aside for the
rehabilitation of native Hawaiians through a Government-sponsored
homesteading project.
Two major factors prompted Congress to pass this act. First, native
Hawaiians were a dying race. Population data showed that the number of
full-blooded Hawaiians in the territory, the then-territory of Hawaii,
had decreased from an 1826 estimate of 142,650 to 22,600 in 1919.
Second, Congress saw that previous systems of land distribution were
ineffective when judged practically by the benefits accruing to native
Hawaiians. The Hawaiian Homes Commission Act was originally intended
for rural homesteading; that is, for native Hawaiians to leave urban
areas and return to lands to become subsistence or commercial farmers
and ranchers.

{time} 1500

Yet the demand of native Hawaiians for residential house lots has far
exceeded the demand for agricultural or pastoral lots.
The Hawaii Statehood Act of 1959 shifted the responsibility for the
administration of the Hawaii Homes Commission Act from the Territory to
the State of Hawaii. In accordance with the Statehood Act, title to the
available lands was transferred to the new State. The Statehood Act,
however, also included certain requirements regarding the State of
Hawaii's administration of the Hawaii homes program, and it is these
that give rise to joint resolution.
Section 4 of the Hawaii Statehood Act provides that, and I quote,
``the consent of the United States,'' unquote, would be required for
certain amendments by the State to the Hawaiian Homes Commission Act.
As part of the administrative responsibility the Department of the
Interior undertook in 1983 as, quote, ``lead Federal agency,'' unquote,
for purposes of the Hawaiian Homes Commission Act, the department and
the Governor of Hawaii informally agreed in 1987 to a procedure under
which the department would become involved in securing consent to State
amendments to the Hawaiian Homes Commission Act.

[[Page H832]]

Congress has previously enacted two statutes consenting to various
amendments to the Hawaiian Homes Commission Act by the State of Hawaii:
Public Laws 99-577 and 100-398.
Generally, it has been the position of the Department of the Interior
in connection with State amendments to the Hawaiian Homes Commission
Act to refrain from second-guessing the Hawaii State Legislature and
Governor of Hawaii with respect to merits of the amendments.
The following two amendments have been determined to require the
consent of the United States and again by extension therefore are
meeting on the floor today on this resolution:
One of them is Act 339 of the Session Laws of Hawaii, 1993. This
statute establishes the Hawaiian Hurricane Relief Fund. Section 7
authorized the Department of Hawaiian Home Lands to obtain homeowner's
insurance coverage for lessees and to issue revenue bonds. Section 15
of the bill consists of a severability clause which provides that
consent requirement, if any, that applies to the Hawaiian Home Lands
provisions of the act shall not be deemed to have the validity of the
other provisions of the act. The Department of the Interior has taken
the position that State enactments which include a severability clause,
in the exercise of caution, be submitted to Congress for approval.
The second measure, Mr. Speaker, is Act 37 of the Session Laws of
1994. This statute allows homestead lessees to designate as a successor
to the lease a grandchild who is at least 25 percent native Hawaiian.
Under the current law, as adopted by Hawaii in 1982, a lessee may
designate his or her spouse or children as a successor under the lease
if they are 25 percent native Hawaiian. The bill would thus allow a
similar designation with respect to grandchildren. The Department of
the Interior concurs with the State's position that congressional
consent is required for this legislation in that it amends the 50-
percent blood quantum requirement included in the Hawaiian Homes
Commission Act.
So in summary, Mr. Speaker, these two measures involve the
establishment of Hawaiian Hurricane Act, obviously we are subject to
such phenomenon, natural phenomena in the Hawaiian Islands, and it is
necessary for us to establish that fund. And by extension, for the
reasons mentioned, to request the United States, that is, the House of
Representatives and the Senate, to concur. And second, to provide an
opportunity because of the passage of time for lessees to designate
their grandchildren as well as their spouse or children if they meet
the 25 percent native Hawaiian requirement.
For these reasons and with respect to that history and legacy of the
Hawaiian Homes Commission Act, Mr. Speaker, I ask my colleagues to
support these worthwhile measures.
Mr. DOOLITTLE. Mr. Speaker, I reserve the balance of my time.
Mr. ABERCROMBIE. Mr. Speaker, I yield such time as he may consume to
the gentleman from American Samoa [Mr. Faleomavaega].
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I certainly would like to commend the
gentleman from Hawaii for being the chief sponsor of this piece of
legislation, and I thank the gentleman from California for his
cooperation in bringing this piece of legislation to the floor. This
legislation passed unanimously the House Committee on Resources last
week, and I am very happy that we are now bringing it for floor
consideration.
Mr. Speaker, I rise today in strong support of House Joint Resolution
32, a resolution providing congressional consent to certain amendments
proposed to the Hawaiian Homes Commission Act of 1920. This consent is
required by the 1959 Hawaii Statehood Admissions Act.
Mr. Speaker, I have risen often on this floor to speak out in support
of native Hawaiians and against some of the more oppressive actions
taken by the United States against the native Hawaiians. Our illegal
and unlawful support of the overthrow by force of the lawful Kingdom of
Hawaii is not one of the proud moments of our history, I must submit.
However, Congress did have the foresight at least to make a commitment
to preserve some of the traditional lands in the Hawaiian Islands for
native Hawaiians.
Under current law, a native Hawaiian with a leasehold interest in
Hawaiian homelands can designate that interest to a spouse or child who
is at least 25 percent native Hawaiian. But to designate that same
interest to a grandchild, the grandchild would have to be at least 50
percent native Hawaiian. To tell you honestly, Mr. Speaker, this blood
quantum really boils me to no end. I have never heard of a human being
given blood quantum, 50 percent, 25 percent. As far as I am concerned,
they are human beings.
This legislation would consent to a change adopted by the legislature
of the State of Hawaii to permit a designation to a grandchild who is
at least 25 percent native Hawaiian, the same criterion applied for
spouses and children.
Another section of this resolution provides congressional consent to
a 1993 Hawaii State law which established the Hawaiian Hurricane Relief
Fund. While it is not clear that congressional consent is required for
this State statute to be valid, the Department of the Interior, in its
usual cautious fashion, has indicted that the prudent approach would be
to obtain congressional consent. From my perspective, Mr. Speaker, the
policy implemented by the State law is sound, and Congress should act
promptly to alleviate any possibility of the State statute being found
invalid by reason of a lack of congressional consent.
One final comment, Mr. Speaker, while I am in full support of the
legislation we are considering today, I do not want my statement to be
interpreted as a change of my position on blood quantum requirements.
We did it with the native Indians, we did it with the native Hawaiians
and we did it with Samoans. I continue to find eligibility criteria
based on blood quantum abhorrent, and I continue to oppose any such
restriction.
Mr. Speaker, I urge my colleagues to support this legislation.
Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may
consume.
I will conclude merely by commenting on my colleague from American
Samoa's remarks, that it is indeed the case that the blood quantum
requirement has created misunderstanding and difficulty over the years.
We need to keep in mind that the act was passed originally in 1920 and
that native Hawaiians themselves are coming to grips with this
question, and we hope for a resolution that may find its way for
presentation to this body in the near future.
With that, Mr. Speaker, I request a favorable attention of the
Members of the House to this resolution and I hope that it will receive
the necessary votes in order to pass. The people of Hawaii will be very
grateful for that outcome, and native Hawaiians in particular will be
the beneficiaries.
Mr. Speaker, I thank the gentleman from California for his remarks
and his insight. I am very appreciative.
Mr. Speaker, I yield back the balance of my time.
Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the changes contained in the gentleman's resolution are
meritorious and desirable. They emphasize the principles of self-
reliance and of the extended family, and I would strongly urge the
House to approve this resolution.
Mr. Speaker, these two amendments to the Hawaiian Homes Commission
Act of 1920 would have no effect on the Federal budget. However, they
are important to the Native Hawaiian community and these particular
provisions of the Hawaii statute cannot go into effect until this the
Congress acts. Under the Hawaii Statehood Admissions Act of 1959,
Congress retains the authority to consent to any changes to the
Hawaiian Homes Commission Act of 1920.
The State of Hawaii acted to create the Hawaii hurricane relief fund
after the devastation of Hurricane Iniki in 1993 and included
provisions for Native Hawaiians affected on Hawaiian home lands. Act
339 of 1993 of the State of Hawaii proposes to authorize the issuance
of hurricane insurance coverage for lessees of Hawaiian home lands and
revenue bonds to establish the necessary reserves for payment of claims
in excess of reserves. This is the first amendment identified in House
Joint Resolution 32.
The second change to the Hawaiian Homes Commission Act proposed by
the State of Hawaii by Act 37 of 1994 permits grandchildren

[[Page H833]]

of a Native Hawaiian with at least 25 percent Native Hawaiian blood
quantum to assume a grandparent's lease upon the death of the
grandparent. It is not uncommon for Native Hawaiian grandchildren to be
raised by their grandparents. This measure will support the traditional
extended family values among the Native Hawaiian community.
The House consented to these same changes to the Hawaiian Homes
Commission Act upon passage of H.R. 1332 in the 104th Congress. That
measure, sponsored by Mr. Gallegly, then chairman of the subcommittee
with jurisdiction over these matters in the 104th Congress, contained
language identical to the text of the current resolution by Mr.
Abercrombie of Hawaii which is cosponsored by Mr. Gallegly and Mr.
Faleomavaega. The other body was prepared last year to accept this
provision as contained in H.R. 1332 and now as in House Joint
Resolution 32, but adjourned before it could be taken up.
Both of the proposed changes to the Hawaiian Homes Commission Act by
the State of Hawaii are meritorious and deserve the approval of the
House today. These measure are sound and directly benefit Native
Hawaiians by emphasizing the importance of the extended family and
self-reliance. I urge my colleagues to approve House Joint Resolution
32 so that these measures can promptly begin to benefit Native Hawaiian
families.
Mr. Speaker, I yield back the balance of my time.
Mrs. MINK of Hawaii. Mr. Speaker, I rise today in support of House
Joint Resolution 32, which provides congressional approval of two
amendments to the Hawaiian Homes Act of 1920 passed by the Hawaii State
Legislature. These amendments involve the establishment of a Hawaiian
hurricane relief fund and rules governing eligible successors to a
Hawaiian homes lease.
It may seem strange to some that the Congress has to approve changes
made by a State legislature. But this action is required as a result of
the unique history of the Hawaiian Homes Commission Act.
The Hawaiian Homes Commission Act was passed by the Congress in 1921
to set aside some 200,000 acres of land for the use and benefit of the
Native Hawaiian people, whose government had been illegally overthrown
with the assistance of the U.S. Government in 1893.
The Federal Government maintained primary responsibility for the
administration of these lands until Hawaii became a State in 1959. The
Hawaii Statehood of Admissions Act transferred the day-to-day
administration of the lands to the State of Hawaii, but the Federal
Government retained oversight responsibility of the Hawaiian Homes
Commission Act. Accordingly, the Hawaii Statehood Admissions Act
requires that any changes made by the Hawaii State Legislature
affecting the administration of the Hawaiian home lands be approved by
the Congress.
House Joint Resolution 32 seeks to approve two such amendments to the
act. The first is a 1993 law establishing a Hawaiian hurricane relief
fund and authorizing the Hawaii Department of Hawaiian Home Lands to
obtain homeowner's insurance for lessees.
The Hawaiian Islands are vulnerable to devastating hurricanes, as
demonstrated by Hurricane Iniki in 1992, which virtually wiped out an
entire island. It has been difficult for homeowners in Hawaii to obtain
insurance against such potential disasters. For homesteaders on
Hawaiian homes lands the effort is even more difficult because of they
are not land owners.
The law passed by the State legislature for which we seek approval
today will assist many Hawaiian homesteaders in obtaining adequate
hurricane insurance coverage.
The second amendment approved by the Hawaii State legislature allows
homestead lessees to designate grandchildren who are at least 25
percent Native Hawaiian as successors to the lease. The original
Hawaiian Homestead Act limited leases to those of 50 percent or more
Native Hawaiian blood. This amendment approved by our State Legislature
will allow Hawaiian homesteads to stay within the family for another
generation.
These changes adopted by the elected body of the State of Hawaii
reflect the will of the people of Hawaii in administering this
important law. I would ask my colleagues to support the actions of our
State and support House Joint Resolution 32.
The SPEAKER pro tempore (Mr. Goodlatte). The question is on the
motion offered by the gentleman from California [Mr. Doolittle] that
the House suspend the rules and pass the joint resolution, House Joint
Resolution 32.
The question was taken.
Mr. SANCHEZ. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
Mr. ABERCROMBIE. Mr. Speaker, could the Chair advise how many votes
are required, how many Members have to be standing? I did not see the
required number of votes.
The SPEAKER pro tempore. The Chair counted one-fifth of those Members
present as standing. The yeas and nays are ordered.
Pursuant to clause 5 of rule I and the Chair's prior announcement,
further proceedings on this motion will be postponed.

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