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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.

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 ‘‘Native Hawaiian

5 Housing Assistance Act of 1997’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress makes the following find8 ings:

9 (1) The Federal Government has a responsibil10 ity to promote the general welfare of the Nation by

11 employing its resources to remedy the unsafe and
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1 unsanitary housing conditions and the acute short2 age of decent, safe, and sanitary dwellings for fami3 lies of lower income and by developing effective part4 nerships with governmental and private entities to

5 accomplish these objectives.

6 (2) Based upon the status of the Kingdom of

7 Hawaii as an internationally recognized and inde8 pendent sovereign and the unique historical and po9 litical relationship between the United States and

10 Native Hawaiians, the Native Hawaiian people have

11 a continuing right to local autonomy in traditional

12 and cultural affairs and an ongoing right of self-de13 termination and self-governance that has never been

14 extinguished.

15 (3) The authority of Congress under the Con16 stitution of the United States to legislate and ad17 dress matters affecting the rights of indigenous peo18 ple of the United States includes the authority to

19 legislate in matters affecting Native Hawaiians.

20 (4) In 1921, in recognition of the severe decline

21 in the Native Hawaiian population, Congress en22 acted the Hawaiian Homes Commission Act, 1920,

23 which set aside approximately 200,000 acres of the

24 ceded public lands for homesteading by Native Ha25 waiians, thereby affirming the special relationship
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1 between the United States and the Native Hawai2 ians.

3 (5) In 1959, under the Act entitled ‘‘An Act to

4 provide for the admission of the State of Hawaii into

5 the Union’’, approved March 18, 1959 (73 Stat. 4),

6 the United States reaffirmed the special relationship

7 between the United States and the Native Hawaiian

8 people—

9 (A) by transferring what the United States

10 deemed to be a trust responsibility for the ad11 ministration of the Hawaiian Home Lands to

12 the State of Hawaii, but continuing Federal su13 perintendence by retaining the power to enforce

14 the trust, including the exclusive right of the

15 United States to consent to land exchanges and

16 any amendments to the Hawaiian Homes Com17 mission Act, 1920, enacted by the legislature of

18 the State of Hawaii affecting the rights of bene19 ficiaries under such Act; and

20 (B) by ceding to the State of Hawaii title

21 to the public lands formerly held by the United

22 States, mandating that such lands be held ‘‘in

23 public trust’’ for ‘‘the betterment of the condi24 tions of Native Hawaiians, as defined in the

25 Hawaiian Homes Commission Act, 1920’’, and
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1 continuing Federal superintendence by retain2 ing the exclusive legal responsibility to enforce

3 this public trust.

4 (6) In recognition of the special relationship

5 that exists between the United States and the Native

6 Hawaiian people, Congress has extended to Native

7 Hawaiians the same rights and privileges accorded

8 to American Indians and Alaska Natives under the

9 Native American Programs Act of 1974, the Amer10 ican Indian Religious Freedom Act, the National

11 Museum of the American Indian Act, the Native

12 American Graves Protection and Repatriation Act,

13 the National Historic Preservation Act, the Native

14 American Languages Act, the American Indian,

15 Alaska Native and Native Hawaiian Culture and

16 Arts Development Act, the Job Training and Part17 nership Act, and the Older Americans Act of 1965.

18 (7) The special relationship has been recognized

19 and reaffirmed by the United States Congress in the

20 area of housing—

21 (A) through the authorization of mortgage

22 loans insured by the Federal Housing Adminis23 tration for the purchase, construction, or refi24 nancing of homes on Hawaiian Home Lands

25 under the National Housing Act;
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1 (B) by mandating Native Hawaiian rep2 resentation on the National Commission on

3 American Indian, Alaska Native, and Native

4 Hawaiian Housing;

5 (C) by the inclusion of Native Hawaiians

6 in the Native American Veterans’ Home Loan

7 Equity Act of 1993; and

8 (D) by enactment of the Hawaiian Home

9 Lands Recovery Act, which establishes a proc10 ess that enables the Federal Government to

11 convey lands to the Department of Hawaiian

12 Home Lands equivalent in value to lands ac13 quired by the Federal Government.

14 (b) PURPOSES.—The purposes of this Act are as fol15 lows:

16 (1) To implement the recommendation of the

17 National Commission on American Indian, Alaska

18 Native, and Native Hawaiian Housing (in this Act

19 referred to as the ‘‘Commission’’) that Congress es20 tablish a Native Hawaiian Housing and Infrastruc21 ture Assistance Program to alleviate and address the

22 severe housing needs of Native Hawaiians by extend23 ing to them the same Federal housing assistance

24 available to American Indians and Alaska Natives.
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1 (2) To address the following needs of the Na2 tive Hawaiian population, as documented in the

3 Final Report of the Commission, ‘‘Building the Fu4 ture: A Blueprint for Change’’ (1992); the United

5 States Department of Housing and Urban Develop6 ment report, ‘‘Housing Problems and Needs of Na7 tive Hawaiians (1995);’’ and the State Department

8 of Hawaiian Home Lands report ‘‘Department of

9 Hawaiian Home Lands Beneficiary Needs Study’’

10 (1995):

11 (A) Native Hawaiians experience the high12 est percentage of housing problems in the Na13 tion: 49 percent, compared to 44 percent for

14 American Indian and Alaska Native households

15 in tribal areas, and 27 percent for all United

16 States households, particularly in the area of

17 overcrowding (27 percent versus 3 percent na18 tionally) with 36 percent of Hawaiian home19 lands households experiencing overcrowding.

20 (B) Native Hawaiians have the worst hous21 ing conditions in the State of Hawaii and are

22 seriously overrepresented in the State’s home23 less population, representing over 30 percent.
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1 (C) Among the Native Hawaiian popu2 lation, the needs of the Native Hawaiians eligi3 ble for Hawaiian homelands are the most se4 vere. Ninety-five percent of the current appli5 cants, approximately 13,000 Native Hawaiians,

6 are in need of housing, with one-half of those

7 applicant households facing overcrowding and

8 one-third paying more than 30 percent of their

9 income for shelter. Under Department of Hous10 ing and Urban Development guidelines, 70.8

11 percent of Department of Hawaiian Home

12 Lands lessees and applicants fall below the De13 partment of Housing and Urban Development

14 median family income, with more than half hav15 ing incomes below 30 percent.

16 SEC. 3. HOUSING ASSISTANCE.

17 The Native American Housing Assistance and Self18 Determination Act of 1996 (25 U.S.C. 4101 et seq.) is

19 amended by adding at the end the following new title:
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1 ‘‘TITLE VIII—HOUSING ASSIST2 ANCE FOR NATIVE HAWAI3 IANS

4 ‘‘SEC. 801. BLOCK GRANTS FOR AFFORDABLE HOUSING AC5 TIVITIES.

6 ‘‘(a) GRANT AUTHORITY.—For each fiscal year, the

7 Secretary shall (to the extent amounts are made available

8 to carry out this title) make a grant under this title to

9 the Department of Hawaiian Home Lands to carry out

10 affordable housing activities for Native Hawaiian families

11 on or near Hawaiian Home Lands.

12 ‘‘(b) APPLICABILITY OF OTHER PROVISIONS.—

13 ‘‘(1) IN GENERAL.—Except as provided pursu14 ant to paragraph (3), the provisions of sections 3

15 and 4 and titles I, II, and IV shall apply to assist16 ance under this title to the Department of Hawaiian

17 Home Lands for affordable housing for Native Ha18 waiian families in the same manner that such provi19 sions apply to assistance under such sections and ti20 tles to recipients for Indian tribes for affordable

21 housing for Indian families.

22 ‘‘(2) REFERENCES.—Except as provided pursu23 ant to paragraph (3), for purposes of carrying out

24 this title, any references in titles I, II, and IV—
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1 ‘‘(A) to ‘Indian area’ is deemed to refer to

2 areas on or near Hawaiian Home Lands;

3 ‘‘(B) to ‘Indian housing plan’ is deemed to

4 refer to a plan under section 102 by the De5 partment of Hawaiian Home Lands;

6 ‘‘(C) to ‘Indian tribe’ as a grant bene7 ficiary or to ‘Indian families’ is deemed to refer

8 to Native Hawaiians or the Department of Ha9 waiian Home Lands;

10 ‘‘(D) to ‘Indian family’ is deemed to refer

11 to Native Hawaiian family; and

12 ‘‘(E) to ‘recipient’, ‘tribally designated

13 housing entity’, or ‘housing entity’ is deemed to

14 refer to the Department of Hawaiian Home

15 Lands.

16 ‘‘(3) EXCEPTION.—The Secretary may, by reg17 ulation, waive or modify any provision of section 3

18 or 4, title I, II, or IV, or paragraph (2) of this sub19 section, for purposes only of the applicability of such

20 provision to assistance under this title, as the Sec21 retary determines necessary to provide for assistance

22 under this title to meet the unique housing needs

23 and circumstances of Native Hawaiians.

24 ‘‘(c) USE OF NONPROFIT ORGANIZATIONS.—As a

25 condition of receiving grant amounts under this title, the
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1 Department of Hawaiian Home Lands shall, to the extent

2 practicable, provide for private nonprofit organizations ex3 perienced in the planning and development of affordable

4 housing for Native Hawaiians to carry out affordable

5 housing activities with such grant amounts.

6 ‘‘SEC. 802. DEFINITIONS.

7 ‘‘For purposes of this title, the following definitions

8 shall apply:

9 ‘‘(1) DEPARTMENT OF HAWAIIAN HOME

10 LANDS.—The term ‘Department of Hawaiian Home

11 Lands’ means the agency or department of the gov12 ernment of the State of Hawaii that is responsible

13 for the administration of the Hawaiian Homes Com14 mission Act, 1920.

15 ‘‘(2) HAWAIIAN HOME LANDS.—The term ‘Ha16 waiian home lands’ means the lands set aside for

17 homesteading by Native Hawaiians under the Ha18 waiian Homes Commission Act, 1920, and any other

19 lands acquired pursuant to such Act.

20 ‘‘(3) NATIVE HAWAIIAN.—The term ‘Native

21 Hawaiian’ has the meaning given such term in sec22 tion 201 of the Hawaiian Homes Commission Act,

23 1920.
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1 ‘‘SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated for grants

3 under this title such sums as may be necessary for each

4 of fiscal years 1997, 1998, 1999, 2000, and 2001.’’.

5 SEC. 4. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUS6 ING.

7 Section 184 of the Housing and Community Develop8 ment Act of 1992 (12 U.S.C. 1715z–13a) is amended by

9 adding at the end the following new subsection:

10 ‘‘(l) APPLICABILITY TO NATIVE HAWAIIAN HOUS11 ING.—

12 ‘‘(1) GUARANTEE AUTHORITY.—To provide ac13 cess to sources of private financing to Native Hawai14 ian families, Native Hawaiian housing authorities,

15 and private nonprofit organizations experienced in

16 the planning and development of affordable housing

17 for Native Hawaiians, who otherwise could not ac18 quire housing financing because of the unique legal

19 status of Hawaiian Home Lands, the Secretary may

20 guarantee not to exceed 100 percent of the unpaid

21 principal and interest due on any loan eligible pursu22 ant to this subsection made to a Native Hawaiian

23 family, a Native Hawaiian housing authority, or

24 such a private nonprofit organization.

25 ‘‘(2) APPLICABILITY OF OTHER PROVISIONS.—
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1 ‘‘(A) IN GENERAL.—Except as provided

2 pursuant to subparagraph (C), the provisions of

3 subsections (b) through (k) shall apply to loan

4 guarantees under this subsection to Native Ha5 waiian families and to Native Hawaiian housing

6 authorities and private nonprofit organizations

7 referred to in paragraph (1) in the same man8 ner that such provisions apply to guarantees

9 under such subsections to Indian families and

10 Indian housing authorities.

11 ‘‘(B) REFERENCES.—Except as provided

12 pursuant to subparagraph (C), for purposes of

13 carrying out this subsection, any references in

14 subsections (b) through (k)—

15 ‘‘(i) to ‘Indian’ is deemed to refer to

16 Native Hawaiian;

17 ‘‘(ii) to ‘Indian area’ is deemed to

18 refer to the area within which a Native

19 Hawaiian housing authority is authorized

20 to provide housing;

21 ‘‘(iii) to ‘Indian housing authority’ is

22 deemed to refer to Native Hawaiian hous23 ing authority or a private nonprofit organi24 zation referred to in paragraph (1); and
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1 ‘‘(iv) to ‘trust land’ is deemed to refer

2 to Hawaiian Home Lands.

3 ‘‘(C) EXCEPTION.—The Secretary may, by

4 regulation, waive or modify any provision of

5 subsection (b) through (k) or of subparagraph

6 (B) of this paragraph, for purposes only of the

7 applicability of such provision to loan guaran8 tees under this subsection, as the Secretary de9 termines necessary to provide for loan guaran10 tees under this subsection to meet the unique

11 housing needs and circumstances of Native Ha12 waiians.

13 ‘‘(3) DEFINITIONS.—For purposes of this sub14 section, the following definitions shall apply:

15 ‘‘(A) DEPARTMENT OF HAWAIIAN HOME

16 LANDS.—The term ‘Department of Hawaiian

17 Home Lands’ means the agency or department

18 of the government of the State of Hawaii that

19 is responsible for the administration of the Ha20 waiian Homes Commission Act, 1920.

21 ‘‘(B) HAWAIIAN HOME LANDS.—The term

22 ‘Hawaiian Home Lands’ means the lands set

23 aside for homesteading by Native Hawaiians

24 under the Hawaiian Homes Commission Act,
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1 1920, and any other lands acquired pursuant to

2 that Act.

3 ‘‘(C) NATIVE HAWAIIAN.—The term ‘Na4 tive Hawaiian’ has the meaning given such term

5 in section 201 of the Hawaiian Homes Commis6 sion Act, 1920.

7 ‘‘(D) NATIVE HAWAIIAN HOUSING AU8 THORITY.—The term ‘Native Hawaiian housing

9 authority’ means any public body (or agency or

10 instrumentality thereof) established under the

11 laws of the State of Hawaii, that is authorized

12 to engage in or assist in the development or op13 eration of low-income housing for Native Ha14 waiians, including the Department of Hawaiian

15 Home Lands and the Office of Hawaiian Af16 fairs of the State of Hawaii.

17 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

18 For costs (as such term is defined in section 502 of

19 the Congressional Budget Act of 1974) of loan guar20 antees under this subsection, there are authorized to

21 be appropriated to the Indian Housing Loan Guar22 antee Fund under subsection (i) such sums as may

23 be necessary for each of fiscal years 1997, 1998,

24 1999, 2000, and 2001.’’.

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