I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Native Hawaiian
Housing Assistance Act of 1997’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The Federal Government has a responsibil-
ity to promote the general welfare of the Nation by
employing its resources to remedy the unsafe and
unsanitary housing conditions and the acute short-
age of decent, safe, and sanitary dwellings for fami-
lies of lower income and by developing effective part-
nerships with governmental and private entities to
accomplish these objectives.
(2) Based upon the status of the Kingdom of
Hawaii as an internationally recognized and inde-
pendent sovereign and the unique historical and po-
litical relationship between the United States and
Native Hawaiians, the Native Hawaiian people have
a continuing right to local autonomy in traditional
and cultural affairs and an ongoing right of self-de-
termination and self-governance that has never been
extinguished.
(3) The authority of Congress under the Con-
stitution of the United States to legislate and ad-
dress matters affecting the rights of indigenous peo-
ple of the United States includes the authority to
legislate in matters affecting Native Hawaiians.
(4) In 1921, in recognition of the severe decline
in the Native Hawaiian population, Congress en-
acted the Hawaiian Homes Commission Act, 1920,
which set aside approximately 200,000 acres of the
ceded public lands for homesteading by Native Ha-
waiians, thereby affirming the special relationship
between the United States and the Native Hawai-
ians.
(5) In 1959, under 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 reaffirmed the special relationship
between the United States and the Native Hawaiian
people—
(A) by transferring what the United States
deemed to be a trust responsibility for the ad-
ministration of the Hawaiian Home Lands to
the State of Hawaii, but continuing Federal su-
perintendence by retaining the power to enforce
the trust, including the exclusive right of the
United States to consent to land exchanges and
any amendments to the Hawaiian Homes Com-
mission Act, 1920, enacted by the legislature of
the State of Hawaii affecting the rights of bene-
ficiaries under such Act; and
(B) by ceding to the State of Hawaii title
to the public lands formerly held by the United
States, mandating that such lands be held ‘‘in
public trust’’ for ‘‘the betterment of the condi-
tions of Native Hawaiians, as defined in the
Hawaiian Homes Commission Act, 1920’’, and
(B) by mandating Native Hawaiian rep-
resentation on the National Commission on
American Indian, Alaska Native, and Native
Hawaiian Housing;
(C) by the inclusion of Native Hawaiians
in the Native American Veterans’ Home Loan
Equity Act of 1993; and
(D) by enactment of the Hawaiian Home
Lands Recovery Act, which establishes a proc-
ess that enables the Federal Government to
convey lands to the Department of Hawaiian
Home Lands equivalent in value to lands ac-
quired by the Federal Government.
(b) PURPOSES.—The purposes of this Act are as fol-
lows:
(1) To implement the recommendation of the
National Commission on American Indian, Alaska
Native, and Native Hawaiian Housing (in this Act
referred to as the ‘‘Commission’’) that Congress es-
tablish a Native Hawaiian Housing and Infrastruc-
ture Assistance Program to alleviate and address the
severe housing needs of Native Hawaiians by extend-
ing to them the same Federal housing assistance
available to American Indians and Alaska Natives.
(2) To address the following needs of the Na-
tive Hawaiian population, as documented in the
Final Report of the Commission, ‘‘Building the Fu-
ture: A Blueprint for Change’’ (1992); the United
States Department of Housing and Urban Develop-
ment report, ‘‘Housing Problems and Needs of Na-
tive Hawaiians (1995);’’ and the State Department
of Hawaiian Home Lands report ‘‘Department of
Hawaiian Home Lands Beneficiary Needs Study’’
(1995):
(A) Native Hawaiians experience the high-
est percentage of housing problems in the Na-
tion: 49 percent, compared to 44 percent for
American Indian and Alaska Native households
in tribal areas, and 27 percent for all United
States households, particularly in the area of
overcrowding (27 percent versus 3 percent na-
tionally) with 36 percent of Hawaiian home-
lands households experiencing overcrowding.
(B) Native Hawaiians have the worst hous-
ing conditions in the State of Hawaii and are
seriously overrepresented in the State’s home-
less population, representing over 30 percent.
(C) Among the Native Hawaiian popu-
lation, the needs of the Native Hawaiians eligi-
ble for Hawaiian homelands are the most se-
vere. Ninety-five percent of the current appli-
cants, approximately 13,000 Native Hawaiians,
are in need of housing, with one-half of those
applicant households facing overcrowding and
one-third paying more than 30 percent of their
income for shelter. Under Department of Hous-
ing and Urban Development guidelines, 70.8
percent of Department of Hawaiian Home
Lands lessees and applicants fall below the De-
partment of Housing and Urban Development
median family income, with more than half hav-
ing incomes below 30 percent.
SEC. 3. HOUSING ASSISTANCE.
The Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.) is
amended by adding at the end the following new title:
‘‘TITLE VIII—HOUSING ASSIST-
ANCE FOR NATIVE HAWAI-
IANS
‘‘SEC. 801. BLOCK GRANTS FOR AFFORDABLE HOUSING AC-
TIVITIES.
‘‘(a) GRANT AUTHORITY.—For each fiscal year, the
Secretary shall (to the extent amounts are made available
to carry out this title) make a grant under this title to
the Department of Hawaiian Home Lands to carry out
affordable housing activities for Native Hawaiian families
on or near Hawaiian Home Lands.
‘‘(b) APPLICABILITY OF OTHER PROVISIONS.—
‘‘(1) IN GENERAL.—Except as provided pursu-
ant to paragraph (3), the provisions of sections 3
and 4 and titles I, II, and IV shall apply to assist-
ance under this title to the Department of Hawaiian
Home Lands for affordable housing for Native Ha-
waiian families in the same manner that such provi-
sions apply to assistance under such sections and ti-
tles to recipients for Indian tribes for affordable
housing for Indian families.
‘‘(2) REFERENCES.—Except as provided pursu-
ant to paragraph (3), for purposes of carrying out
this title, any references in titles I, II, and IV—
‘‘(A) to ‘Indian area’ is deemed to refer to
areas on or near Hawaiian Home Lands;
‘‘(B) to ‘Indian housing plan’ is deemed to
refer to a plan under section 102 by the De-
partment of Hawaiian Home Lands;
‘‘(C) to ‘Indian tribe’ as a grant bene-
ficiary or to ‘Indian families’ is deemed to refer
to Native Hawaiians or the Department of Ha-
waiian Home Lands;
‘‘(D) to ‘Indian family’ is deemed to refer
to Native Hawaiian family; and
‘‘(E) to ‘recipient’, ‘tribally designated
housing entity’, or ‘housing entity’ is deemed to
refer to the Department of Hawaiian Home
Lands.
‘‘(3) EXCEPTION.—The Secretary may, by reg-
ulation, waive or modify any provision of section 3
or 4, title I, II, or IV, or paragraph (2) of this sub-
section, for purposes only of the applicability of such
provision to assistance under this title, as the Sec-
retary determines necessary to provide for assistance
under this title to meet the unique housing needs
and circumstances of Native Hawaiians.
‘‘(c) USE
OF NONPROFIT ORGANIZATIONS.—As a
condition of receiving grant amounts under this title, the
Department of Hawaiian Home Lands shall, to the extent
practicable, provide for private nonprofit organizations ex-
perienced in the planning and development of affordable
housing for Native Hawaiians to carry out affordable
housing activities with such grant amounts.
‘‘SEC. 802. DEFINITIONS.
‘‘For purposes of this title, the following definitions
shall apply:
‘‘(1) 
DEPARTMENT
OF
HAWAIIAN
HOME
LANDS.—The term ‘Department of Hawaiian Home
Lands’ means the agency or department of the gov-
ernment of the State of Hawaii that is responsible
for the administration of the Hawaiian Homes Com-
mission Act, 1920.
‘‘(2) HAWAIIAN HOME LANDS.—The term ‘Ha-
waiian home lands’ means the lands set aside for
homesteading by Native Hawaiians under the Ha-
waiian Homes Commission Act, 1920, and any other
lands acquired pursuant to such Act.
‘‘(3) NATIVE HAWAIIAN.—The term ‘Native
Hawaiian’ has the meaning given such term in sec-
tion 201 of the Hawaiian Homes Commission Act,
1920.
‘‘SEC. 803. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated for grants
under this title such sums as may be necessary for each
of fiscal years 1997, 1998, 1999, 2000, and 2001.’’.
SEC. 4. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUS-
ING.
Section 184 of the Housing and Community Develop-
ment Act of 1992 (12 U.S.C. 1715z–13a) is amended by
adding at the end the following new subsection:
‘‘(l) APPLICABILITY TO NATIVE HAWAIIAN HOUS-
ING.—
‘‘(1) GUARANTEE AUTHORITY.—To provide ac-
cess to sources of private financing to Native Hawai-
ian families, Native Hawaiian housing authorities,
and private nonprofit organizations experienced in
the planning and development of affordable housing
for Native Hawaiians, who otherwise could not ac-
quire housing financing because of the unique legal
status of Hawaiian Home Lands, the Secretary may
guarantee not to exceed 100 percent of the unpaid
principal and interest due on any loan eligible pursu-
ant to this subsection made to a Native Hawaiian
family, a Native Hawaiian housing authority, or
such a private nonprofit organization.
‘‘(2) APPLICABILITY OF OTHER PROVISIONS.—
‘‘(A) IN
GENERAL.—Except as provided
pursuant to subparagraph (C), the provisions of
subsections (b) through (k) shall apply to loan
guarantees under this subsection to Native Ha-
waiian families and to Native Hawaiian housing
authorities and private nonprofit organizations
referred to in paragraph (1) in the same man-
ner that such provisions apply to guarantees
under such subsections to Indian families and
Indian housing authorities.
‘‘(B) REFERENCES.—Except as provided
pursuant to subparagraph (C), for purposes of
carrying out this subsection, any references in
subsections (b) through (k)—
‘‘(i) to ‘Indian’ is deemed to refer to
Native Hawaiian;
‘‘(ii) to ‘Indian area’ is deemed to
refer to the area within which a Native
Hawaiian housing authority is authorized
to provide housing;
‘‘(iii) to ‘Indian housing authority’ is
deemed to refer to Native Hawaiian hous-
ing authority or a private nonprofit organi-
zation referred to in paragraph (1); and
‘‘(iv) to ‘trust land’ is deemed to refer
to Hawaiian Home Lands.
‘‘(C) EXCEPTION.—The Secretary may, by
regulation, waive or modify any provision of
subsection (b) through (k) or of subparagraph
(B) of this paragraph, for purposes only of the
applicability of such provision to loan guaran-
tees under this subsection, as the Secretary de-
termines necessary to provide for loan guaran-
tees under this subsection to meet the unique
housing needs and circumstances of Native Ha-
waiians.
‘‘(3) DEFINITIONS.—For purposes of this sub-
section, the following definitions shall apply:
‘‘(A) DEPARTMENT
OF
HAWAIIAN
HOME
LANDS.—The term ‘Department of Hawaiian
Home Lands’ means the agency or department
of the government of the State of Hawaii that
is responsible for the administration of the Ha-
waiian Homes Commission Act, 1920.
‘‘(B) HAWAIIAN HOME LANDS.—The term
‘Hawaiian Home Lands’ means the lands set
aside for homesteading by Native Hawaiians
under the Hawaiian Homes Commission Act,
1920, and any other lands acquired pursuant to
that Act.
‘‘(C) NATIVE HAWAIIAN.—The term ‘Na-
tive Hawaiian’ has the meaning given such term
in section 201 of the Hawaiian Homes Commis-
sion Act, 1920.
‘‘(D) NATIVE
HAWAIIAN
HOUSING
AU-
THORITY.—The term ‘Native Hawaiian housing
authority’ means any public body (or agency or
instrumentality thereof) established under the
laws of the State of Hawaii, that is authorized
to engage in or assist in the development or op-
eration of low-income housing for Native Ha-
waiians, including the Department of Hawaiian
Home Lands and the Office of Hawaiian Af-
fairs of the State of Hawaii.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
For costs (as such term is defined in section 502 of
the Congressional Budget Act of 1974) of loan guar-
antees under this subsection, there are authorized to
be appropriated to the Indian Housing Loan Guar-
antee Fund under subsection (i) such sums as may
be necessary for each of fiscal years 1997, 1998,
1999, 2000, and 2001.’’.
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