[Senate Report 105-19]
[From the U.S. Government Publishing Office]
Calendar No. 54
105th Congress Report
SENATE
1st Session 105-19
_______________________________________________________________________
HAWAIIAN HOMES COMMISSION ACT
_______
May 16, 1997.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.J. Res. 32]
The Committee on Energy and Natural Resources, to which was
referred 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, 1920, having
considered the same, reports favorably thereon without
amendment and recommends that the joint resolution do pass.
purpose of the measure
The legislation provides the consent of the United States
to two amendments to the Hawaiian Homes Commission Act of 1920
made by the State of Hawaii (Act 339 of the Session Laws, 1993,
and Act 37 of the Session Laws, 1994) as required by the
Admissions Act for the State of Hawaii.
background and need
The Hawaiian Homes Commission Act (HHCA) was enacted by the
United States Congress in 1921 as a homesteading program to
place native Hawaiians--defined as those of 50 percent or more
Hawaiian blood--on lands in Hawaii designated for that purpose.
Approximately 200,000 acres were defined as ``available lands''
under the Act. The Hawaiian Statehood Act in 1959 (Public Law
86-3, 73 Stat. 4) conveyed title to the ``available lands'' to
the new State, and generally placed responsibility for the
administration of the Hawaiian Homes Commission Act in the
State.
Section 4 of the Statehood Act provides that the HHCA is to
be included in the Constitution of the new State as a
``compact'' with the United States, and that, with certain
exceptions, the HHCA can be amended by the State ``only with
the consent of the United States''. The exceptions are
amendments relating to administration and to the powers and
duties of certain State officers. Section 4 contains other
restrictions as well: the qualifications to lessees cannot be
changed, certain encumbrances on Hawaiian Home Lands cannot be
increased, and the benefits to lessees cannot be diminished
without United States consent. There is also an absolute bar to
the impairment or reduction of certain named funds and to the
use of income from ``available lands'' for any purpose other
than as specified under Section 5(f) of the Statehood Act.
The program itself has a history of controversy. In 1983, a
State-Federal Task Force completed a review of the program to
determine whether it was meeting its purposes. The Task Force
documented many deficiencies including: a lack of
accountability for the lands, improper use of lands by
ineligible persons and the state, poor financial investments,
and long waiting lists for leases. The Task Force also
identified confusion regarding the rights and responsibilities
of the Federal Government, state government and the program
beneficiaries. The Task Force made numerous recommendations
which have been the focus of efforts to improve program
performance.
In addition, court judgments (particularly Keaukaha-Panaewa
Community Assoc. v. Hawaiian Homes Commission, 588 F.2d 1216
(1978)), have found that ``the state is the trustee'' under the
program, and that ``The United States has only a somewhat
tangential supervisory role * * *''. The courts have also
defined the limited extent of the beneficiaries right to sue
for breach of trust. Given the limited supervisory role of the
United States, it is important that any proposed changes be
carefully reviewed.
As a prophylactic measure, since the mid-1970's, all
amendments have been submitted to Congress for approval, even
those limited to administrative matters. In 1990, Congress
withheld consent from act 75 due to a concern that provisions
permitting non-native Hawaiians to obtain leases in certain
circumstances could lead to the effective alienation of the
lands. Hawaii later changed the law.
Legislation identical to H.J. Res. 32 was introduced by
Senator Akaka and Inouye on August 2, 1996 (S.J. Res. 59).
The two acts affected by this legislation are act 339 of
1993 that authorized the Department of Hawaiian Home Lands to
obtain insurance coverage under the Hawaiian Hurricane Relief
fund for Hawaiian Home lessees and act 37 that allows homestead
lessees to designate grandchildren who are at least 25% Native
Hawaiian as successors. The full text of the two measures is
set forth in the Appendix to the House Report to accompany this
measure (H. Rept. 105-16).
legislative history
H.J. Res. 32 was introduced on January 21, 1997 and
referred to the Committee on Resources. The measure was
reported without amendment, passed the House of Representatives
on March 11, 1997, and was referred to the Committee on Energy
and Natural Resources. The Committee held a hearing on S. 210,
which contains language identical to section 10, on February 6,
1997. At the business meeting on May 14, 1997, the Committee on
Energy and Natural Resources ordered H.J. Res. 32 favorably
reported without amendment.
committee recommendation and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on May 14, 1997, by a unanimous vote of a
quorum present, recommends that the Senate pass H.J. Res. 32
without amendment.
section-by-section analysis
The language of the bill is self-explanatory.
cost and budgetary considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 15, 1997.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.J. Res. 32, a joint
resolution to consent to certain amendments enacted by the
Legislature of the State of Hawaii to the Hawaiian Homes
Commission Act, 1920.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Victoria V.
Heid.
Sincerely,
June E. O'Neill, Director.
Enclosure.
H.J. Res. 32--A joint resolution to consent to certain amendments
enacted by the Legislature of the State of Hawaii to the
Hawaiian Homes Commission Act, 1920
H.J. Res. 32 would grant the consent of the United States
to a number of amendments to the Hawaiian Homes Commission Act,
1920, already adopted by the state of Hawaii. These amendments
generally concern the administration of the Hawaiian home
lands.
CBO estimates that enacting this resolution would have no
effect on the federal budget. Because the resolution would not
affect direct spending or receipts, pay-as-you-go procedures
would not apply. H.J. Res. 32 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act of 1995 and would impose no costs on state, local,
or tribal governments.
CBO prepared a cost estimate for H.J. Res. 32 as ordered
reported by the House Committee on Resources on March 5, 1997.
The two versions of the resolution are identical, as are the
cost estimates.
The CBO staff contact for this estimate is Victoria V.
Heid. This estimate was approved by Paul N. Van de Water,
Assistant Director for Budget Analysis.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.J. Res. 32. The bill is not a regulatory measure
in the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.J. Res. 32, as ordered reported.
executive communications
Although the Committee did not request a formal legislative
report on H.J. Res. 32 from the administration, the
administration did testify in support of identical language
during hearings on S. 210, legislation dealing with various
issues affecting the territories, freely associated states, and
the State of Hawaii. The pertinent portions of the
administration statement on S. 210 are set forth below.
STATEMENT OF ALLEN P. STAYMAN, DIRECTOR, OFFICE OF INSULAR AFFAIRS,
DEPARTMENT OF THE INTERIOR
Mr. Chairman and members of the Senate Committee on Energy
and Natural Resources, I am pleased to be here today to discuss
the provisions of S. 210. Additionally, I have comments on
several other island issues that you may wish to consider for
inclusion in the bill.
S. 210 contains eleven provisions designed to address a
number of island issues.
* * * * * * *
Consent to Hawaiian Homes Commission Act Amendments.
Section 10 would approve two laws of the state of Hawaii
relating to the Hawaiian Homes Commission Act. Such approval is
required before these Hawaii laws may take effect. Act 339 of
the Session Laws of Hawaii (1993) established the Hawaiian
Hurricane Relief fund and authorizes the Department of Hawaiian
Home Lands to obtain homeowners' insurance coverage for
Hawaiian Home Lands lessees. Act 37 of the Session Laws of
Hawaii (1994) allows Hawaiian Home Lands homestead lessees to
designate as a successor to the lease a grandchild who is at
least twenty-five percent Native Hawaiian.
The Administration recommends approval of these Hawaiian
amendments and supports enactment of section 10 of S. 210.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the joint resolution, H.J.
Res. 32, as ordered reported.