[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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