II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hawaiian Home Lands

5 Recovery Act’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act:

8 (1) BENEFICIARY.—The term ‘‘beneficiary’’ has

9 the same meaning as is given the term ‘‘native Ha-
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1 waiian’’ under section 201(7) of the Hawaiian

2 Homes Commission Act.

3 (2) CHAIRPERSON.—The term ‘‘Chairperson’’

4 means the Chairperson of the Department of Hawai5 ian Home Lands of the State of Hawaii.

6 (3) COMMISSION.—The term ‘‘Commission’’

7 means the Hawaiian Homes Commission established

8 by section 202 of the Hawaiian Homes Commission

9 Act.

10 (4) HAWAIIAN HOMES COMMISSION ACT.—The

11 term ‘‘Hawaiian Homes Commission Act’’ means the

12 Hawaiian Homes Commission Act, 1920 (42 Stat.

13 108 et seq., chapter 42).

14 (5) HAWAII STATE ADMISSIONS ACT.—The term

15 ‘‘Hawaii State Admissions Act’’ means the Act enti16 tled ‘‘An Act to provide for the admission of the

17 State of Hawaii into the Union’’, approved March

18 18, 1959 (73 Stat. 4, chapter 339; 48 U.S.C. note

19 prec. 491).

20 (6) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior.

22 SEC. 3. SETTLEMENT OF FEDERAL CLAIMS.

23 (a) IN GENERAL.—

24 (1) IN GENERAL.—The Secretary is authorized

25 to settle claims against the United States by bene-
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1 ficiaries through negotiations with a representative

2 of the beneficiaries and the State of Hawaii. A set3 tlement made under this paragraph may include an

4 exchange of lands under paragraph (2).

5 (2) EXCHANGE.—

6 (A) AUTHORIZATION.—(i) Subject to sub7 paragraphs (B) and (C), pursuant to a settle8 ment entered into under this section, the Sec9 retary may convey Federal lands described in

10 subparagraph (C) to the Department of Hawai11 ian Home Lands in exchange for the continued

12 retention by the Federal Government of lands

13 described in clause (ii).

14 (ii) The lands described in this clause are

15 lands under the control of the Federal Govern16 ment that—

17 (I) were initially designated as Hawai18 ian home lands under section 203 of the

19 Hawaiian Homes Commission Act; and

20 (II) were nevertheless transferred to

21 or otherwise acquired by the Federal Gov22 ernment.

23 (B) VALUE OF LANDS.—(i) The value of

24 any lands conveyed to the Department of Ha25 waiian Home Lands by the Federal Government
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1 in accordance with an exchange made under

2 subparagraph (A) may not be less than the

3 value of the lands retained by the Federal Gov4 ernment pursuant to such exchange.

5 (ii) For the purposes of this paragraph,

6 the value of any lands exchanged pursuant to

7 subparagraph (A) shall be the value of the

8 lands subject to the exchange on the date that

9 the exchange is carried out, or any other date

10 determined by the Secretary, with the concur11 rence of the appropriate official of the State of

12 Hawaii and the representative of the bene13 ficiaries referred to in paragraph (1).

14 (C) FEDERAL LANDS FOR EXCHANGE.—(i)

15 Subject to clause (ii), the Federal lands that

16 may be conveyed to the Department of Hawai17 ian Home Lands under subparagraph (A) are

18 lands located in Hawaii that—

19 (I) are under the control of the Sec20 retary (other than lands within the Na21 tional Park System or the National Wild22 life Refuge System); or

23 (II) have been declared surplus prop24 erty under the Federal Property and Ad-
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1 ministrative Services Act of 1949 (40

2 U.S.C. 471 et seq.).

3 (ii) No Federal lands that the Federal

4 Government is required to convey to the State

5 of Hawaii under section 5 of the Hawaii State

6 Admissions Act may be exchanged under sub7 paragraph (A).

8 (D) COMPENSATION FOR LOSS OF USE.—

9 The Secretary may convey lands to the Depart10 ment of Hawaiian Home Lands under this

11 paragraph as compensation for the lost use of

12 lands described in subparagraph (A)(ii).

13 (E) CONDITIONS.—(i) Subject to clause

14 (ii), the Secretary shall require that lands con15 veyed to the Department of Hawaiian Home

16 Lands under this paragraph shall have the sta17 tus of available lands under the Hawaiian

18 Homes Commission Act.

19 (ii) Notwithstanding any other provision of

20 law, lands conveyed to the Department of Ha21 waiian Home Lands under this paragraph may

22 later be exchanged pursuant to section 204(3)

23 of the Hawaiian Homes Commission Act.

24 (3) REPRESENTATIVE OF THE BENE25 FICIARIES.—
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1 (A) IN GENERAL.—Notwithstanding any

2 other provision of law, for the purpose of nego3 tiating and settling claims described in para4 graph (1), the actions of the representative of

5 the beneficiaries shall be binding on the bene6 ficiaries.

7 (B) CONSULTATION.—In carrying out re8 sponsibilities under this Act, the representative

9 of the beneficiaries shall—

10 (i) consult with the beneficiaries and

11 organizations representing the bene12 ficiaries; and

13 (ii) report to such organizations on a

14 regular basis concerning the progress of

15 negotiations relating to claims described in

16 paragraph (1).

17 (b) NOTIFICATION.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), if the Secretary, the representative of the

20 beneficiaries, and the State of Hawaii do not settle

21 all claims described in subsection (a)(1) during the

22 1-year period beginning on the date of enactment of

23 this Act, upon the termination of such period, the

24 Secretary shall provide written notification of the

25 status of the claims to the Committee on Energy
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1 and Natural Resources of the Senate and the Com2 mittee on Natural Resources of the House of Rep3 resentatives.

4 (2) EXTENSION OF NEGOTIATIONS.—

5 (A) IN GENERAL.—The Secretary, with the

6 concurrence of the representative of the bene7 ficiaries and the State of Hawaii, may extend

8 the termination date of the period for negotiat9 ing and settling claims specified in paragraph

10 (1) beyond the termination date specified in

11 such paragraph, except that the extended period

12 shall terminate not later than 2 years after the

13 date of enactment of this Act.

14 (B) NOTIFICATION.—The Secretary shall

15 provide written notification to the Committee

16 on Energy and Natural Resources of the Senate

17 and the Committee on Natural Resources of the

18 House of Representatives of any extension of

19 the period specified in paragraph (1) made pur20 suant to subparagraph (A).

21 (c) STATUTORY CONSTRUCTION.—Nothing in this

22 Act is intended to limit the right—

23 (1) of the representative of the beneficiaries to

24 seek relief in a civil action against the United

25 States; or
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1 (2) of any person to seek further legislative re2 lief.

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated such sums as are nec5 essary to carry out this section.

6 SEC. 4. PROCEDURE FOR APPROVAL OF AMENDMENTS TO

7 HAWAIIAN HOMES COMMISSION ACT.

8 (a) NOTICE TO THE SECRETARY.—Not later than 60

9 days after the legislature of the State of Hawaii approves

10 a proposed amendment to the Hawaiian Homes Commis11 sion Act in the manner required for State legislation, the

12 Chairperson shall submit to the Secretary—

13 (1) a copy of the proposed amendment;

14 (2) the nature of the change proposed to be

15 made by the amendment; and

16 (3) an opinion by the Chairperson regarding

17 whether the proposed amendment requires the ap18 proval of Congress under section 4 of the Hawaii

19 State Admissions Act.

20 (b) DETERMINATION BY SECRETARY.—Not later

21 than 60 days after receiving the materials required to be

22 submitted by the Chairperson pursuant to subsection (a),

23 the Secretary shall determine whether the proposed

24 amendment requires the approval of Congress under sec25 tion 4 of the Hawaii State Admissions Act, and shall no-
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1 tify the Chairperson and Congress of the determination

2 of the Secretary.

3 (c) CONGRESSIONAL APPROVAL REQUIRED.—If, pur4 suant to subsection (b), the Secretary determines that the

5 proposed amendment requires the approval of Congress,

6 the Secretary shall submit to the Committee on Energy

7 and Natural Resources of the Senate and the Committee

8 on Natural Resources of the House of Representatives—

9 (1) a draft joint resolution approving the

10 amendment;

11 (2) a description of the change made by the

12 proposed amendment and an explanation of how the

13 amendment advances the interests of the bene14 ficiaries;

15 (3) a comparison of the existing law (as of the

16 date of submission of the proposed amendment) that

17 is the subject of the amendment with the proposed

18 amendment;

19 (4) a recommendation concerning the advisabil20 ity of approving the proposed amendment; and

21 (5) any documentation concerning the amend22 ments received from the Chairperson.

23 SEC. 5. LAND EXCHANGES.

24 (a) NOTICE TO THE SECRETARY.—If the Chairperson

25 recommends for approval an exchange of Hawaiian home
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1 lands, the Chairperson shall submit a report to the Sec2 retary on the proposed exchange. The report shall con3 tain—

4 (1) a description of the acreage and fair market

5 value of the lands involved in the exchange;

6 (2) surveys and appraisals prepared by the De7 partment of Hawaiian Home Lands, if any; and

8 (3) an identification of the benefits to the par9 ties of the proposed exchange.

10 (b) APPROVAL OR DISAPPROVAL.—

11 (1) IN GENERAL.—Not later than 120 days

12 after receiving the information required to be sub13 mitted by the Chairperson pursuant to subsection

14 (a), the Secretary shall approve or disapprove the

15 proposed exchange.

16 (2) NOTIFICATION.—The Secretary shall notify

17 the Chairperson, the Committee on Energy and Nat18 ural Resources of the Senate, and the Committee on

19 Natural Resources of the House of Representatives

20 of the reasons for the approval or disapproval of the

21 proposed exchange.

22 (c) EXCHANGES INITIATED BY SECRETARY.—

23 (1) IN GENERAL.—The Secretary may rec24 ommend to the Chairperson an exchange of Hawai25 ian home lands for Federal lands described in
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1 subclauses (I) and (II) of section 3(a)(2)(C)(i), other

2 than lands described in section 3(a)(2)(C)(ii). If the

3 Secretary initiates a recommendation for such an ex4 change, the Secretary shall submit a report to the

5 Chairperson on the proposed exchange that meets

6 the requirements of a report described in subsection

7 (a).

8 (2) APPROVAL BY CHAIRPERSON.—Not later

9 than 120 days after receiving a recommendation for

10 an exchange from the Secretary under paragraph

11 (1), the Chairperson shall provide written notifica12 tion to the Secretary of the approval or disapproval

13 of a proposed exchange. If the Chairperson approves

14 the proposed exchange, upon receipt of the written

15 notification, the Secretary shall notify the Commit16 tee on Energy and Natural Resources of the Senate,

17 and the Committee on Natural Resources of the

18 House of Representatives of the approval of the

19 Chairperson of the proposed exchange.

20 (3) EXCHANGE.—Upon providing notification

21 pursuant to paragraph (2) of a proposed exchange

22 that has been approved by the Chairperson pursuant

23 to this section, the Secretary may carry out the ex24 change.

25 (d) SURVEYS AND APPRAISALS.—
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1 (1) REQUIREMENT.—The Secretary shall con2 duct a survey of all Hawaiian home lands based on

3 the report entitled ‘‘Survey Needs for the Hawaiian

4 Home Lands’’, issued by the Inspector General of

5 the Department of the Interior, and dated July

6 1991.

7 (2) OTHER SURVEYS.—The Secretary is author8 ized to conduct such other surveys and appraisals as

9 may be necessary to make an informed decision re10 garding approval or disapproval of a proposed ex11 change.

12 SEC. 6. ADMINISTRATION OF ACTS.

13 (a) DESIGNATION.—

14 (1) IN GENERAL.—Not later than 120 days

15 after the date of enactment of this Act, the Sec16 retary shall designate an individual from within the

17 Department of the Interior to administer the respon18 sibilities of the United States under this Act and the

19 Hawaiian Homes Commission Act.

20 (2) DEFAULT.—If the Secretary fails to make

21 an appointment by the date specified in paragraph

22 (1), or if the position is vacant at any time there23 after, the Assistant Secretary for Policy, Budget,

24 and Administration of the Department of the Inte-
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1 rior shall exercise the responsibilities for the Depart2 ment in accordance with subsection (b).

3 (b) RESPONSIBILITIES.—The individual designated

4 pursuant to subsection (a) shall, in administering the Acts

5 referred to in such subsection—

6 (1) advance the interests of the beneficiaries;

7 and

8 (2) assist the beneficiaries and the Department

9 of Hawaiian Home Lands in obtaining assistance

10 from programs of the Department of the Interior

11 and other Federal agencies that will promote home12 steading opportunities, economic self-sufficiency, and

13 social well-being of the beneficiaries.

Æ