|
DATE OF STATE PASSAGE |
STATE ACT |
WAS CONGRESS’ APPROVAL REQUIRED? |
U.S. PUBLIC LAW NO. |
STATUTES AT LARGE CITATION |
DESCRIPTION |
COLOR CODE |
|---|---|---|---|---|---|---|
|
2/3/1923 (Federal Passage) |
N/A |
Yes |
67-403 |
Amends sections 207, 213, and 215 of the HHCA to establish the Hawaiian Home Loan Fund, to permit native Hawaiians to take up small (residential) tracts of a half-acre or more, and to limit the amount of the loan to holders of residence lots to $1,000. |
♦ Green |
|
|
3/7/1928 (Federal Passage) |
N/A |
Yes |
70-105 |
Amends sections 204 and 213 of the HHCA to extend the Act so it will apply to all islands (Original Act applied only to islands of Hawaii and Molokai), to enable the native Hawaiian to return to the land by enumerating the requirements set by Congress in the original Act, and to increases funding cap on the Hawaiian Home Loan Fund to $2,000,000. |
♦ Green |
|
|
5/16/1934 (Federal Passage) |
N/A |
Yes |
73-227 |
Amends sections 203 and 207 of the HHCA, conferring upon certain lands of Auwaiolimu, Kewalo and Kalawahine, the status of Hawaiian Home Lands, and providing for the leasing thereof for residence purposes. |
♦ Green |
|
|
7/26/1935 (Federal Passage) |
N/A |
Yes |
74-223 |
Amends section 202 and 224 of the HHCA to specify membership and organizational requirements of the Hawaiian Homes Commission and supporting staff. |
♦ Green |
|
|
8/29/1935 (Federal Passage) |
N/A |
Yes |
74-397 |
Amends section 203 to withdraw and restore to its previous status under the control of the Territory of Hawaii, certain Hawaiian Home Lands used as airplane landing fields. |
♦ Green |
|
|
7/10/1937 (Federal Passage) |
N/A |
Yes |
75-200 |
Amends sections 203, 207, 208, 209, 215, 216, and 220. |
♦ Green |
|
|
11/26/1941 (Federal Passage) |
N/A |
Yes |
77-325 |
Amends the HHCA by amending sections 203(4), 208(3), 209, 213, 215, 220, and 222, thereof and by adding thereto a new section to be numbered 225, all relating to the powers, duties, and functions of the Hawaiian Homes Commission. The main provisions restore the revolving fund from which loans are made to Hawaiian Homesteaders to $2,000,000. |
♦ Green |
|
|
5/31/1944 (Federal Passage) |
N/A |
Yes |
78-320 |
Withdraws and restores to their previous status under the control of the Territory of Hawaii certain Hawaiian Home Lands required for use as airplane landing fields, and to amend sections 202, 203, and 207 of title 2 of the Hawaiian Homes Commission Act, 1920, and for other purposes. |
♦ Green |
|
|
6/3/1948 (Federal Passage) |
N/A |
Yes |
80-581 |
Amends section 203 to designate certain public lands (approximately 12 acres) on the island of Maui as available for home lands. |
♦ Green |
|
|
6/3/1948 (Federal Passage) |
N/A |
Yes |
80-594 |
Amends section 203 by withdrawing from the public lands on the Island of Kauai approximately 400 acres of land now under sugar cultivation and placing it under the jurisdiction of the Hawaiian Homes Commission for use as home lands. |
♦ Green |
|
|
6/12/1948 (Federal Passage) |
N/A |
Yes |
80-634 |
Restores approximately 50 acres of land on the Island of Hawaii, now under jurisdiction of the Hawaiian Homes Commission to its previous status as public land under the control of the Territory of Hawaii. |
♦ Green |
|
|
6/14/1948 (Federal Passage) |
N/A |
Yes |
80-638 |
Amends sections 207, 213, 215, 220,222, and 225 of title 2 of HHCA in order to afford more realistic administration of the Act, liberalize the granting of leases, create a Hawaiian Homes Operating Fund to be used for revenue producing improvements, and increase the amount of loans that can be made to homesteaders. |
♦ Green |
|
|
7/9/1952 (Federal Passage) |
N/A |
Yes |
82-481 |
Amends section 203 to transfer a 31.60 acre parcel of land under jurisdiction of the Hawaiian Homes Commission to the Territory of Hawaii for use by the Honolulu Board of Water Supply, in exchange for two parcels of land in the same area held by the Territory of Hawai‘i. Also amends section 209 by allowing certain non-beneficiary persons to retain their leasehold on lands of Auwaiolimu, Kewalo-Uka, and Kalawahine, on the island of O‘ahu. |
♦ Green |
|
|
7/9/1952 (Federal Passage) |
N/A |
Yes |
82-482 |
Amends sections 213 and 215 to increase funding requirements. |
♦ Green |
|
|
7/9/1952 (Federal Passage) |
N/A |
Yes |
82-485 |
Amends section 202 of the HHCA relating to membership on the Hawaiian Homes Commission. |
♦ Green |
|
|
2/20/1954 (Federal Passage) |
N/A |
Yes |
83-297 |
Amends section 204 by adding a new subparagraph to authorize the HHC to exchange title to lands under its jurisdiction at Waimanalo for similarly located publicly owned lands of an equal value. |
♦ Green |
|
|
6/18/1954 (Federal Passage) |
N/A |
Yes |
83-412 |
Authorizes the exchange of certain public lands in the vicinity of Waimea, County of Hawaii, for certain privately owned lands. |
♦ Green |
|
|
6/18/1954 (Federal Passage) |
N/A |
Yes |
83-415 |
Amends section 204 by adding a new subparagraph to authorize the HHC to exchange title to lands under its jurisdiction at Waimanalo for similarly located publicly owned lands of an equal value. |
♦ Green |
|
|
6/18/1954 (Federal Passage) |
N/A |
Yes |
83-417 |
Amends section 204 to require approval of land exchanges by the Commissioner of Public Lands and of two-thirds of the members of the Board of Public Lands. |
♦ Green |
|
|
8/1/1956 (Federal Passage) |
N/A |
Yes |
84-899 |
Amends sections 220 and 221 to permits the implementation of the Hawaiian Irrigation Act of 1953 with respect to Territorial lands covered by the HHCA. |
♦ Green |
|
|
8/21/1958 (Federal Passage) |
N/A |
Yes |
85-708 |
Amends section 213 to provide for the periodic transfer to the Hawaiian Home Development Fund of certain excess funds in the Hawaiian Home Administration Account. |
♦ Green |
|
|
8/21/1958 (Federal Passage) |
N/A |
Yes |
85-710 |
Amends section 208 to increase the numerated funds from "five" to "seven". |
♦ Green |
|
|
8/23/1958 (Federal Passage) |
N/A |
Yes |
85-733 |
Amends section 207 to permit the HHC to grant licenses for lots under its jurisdiction on which US post offices and other public improvements may be operated. |
♦ Green |
|
|
11/13/1959 |
99-557 (1986) |
Amends section 213 and replaces "biennial," "two years' and "biennium" with "annual," "one year," and "fiscal period," conforming all relevant and related sections of the Revised Laws of Hawaii 1955 to the annual budgetary requirements, the annual appropriations and the regular sessions of the legislature as provided in Section 11, Article III and sections 4 and 5, Article VI of the Constitution. |
♦ Green |
|||
|
7/11/1961 |
99-557 (1986) |
Amends section 213(c) of the HHCA in removing the $800,000 ceiling to be transferred into the development fund and provided instead only that 25 percent of the moneys made into the Hawaiian Home Loan Fund annually shall be transferred into the Hawaiian Home Development Fund and reduces the amount of funds appropriated from general state revenues to the Department of Hawaiian Home Lands (DHHL) from $250,000 to $1. |
♦ Green |
|||
|
5/16/1962 |
99-557 (1986) |
Amends section 214, section 215, and section 216 to permit the HHC to make loans for general farming and ranching. Adds section 219.1 to provide general assistance for land development and utilization. |
♦ Green |
|||
|
5/16/1962 |
99-557 (1986) |
Amends section 215(1) to increase the residential loan ceiling from $6,000 to $10,000. |
♦ Green |
|||
|
6/20/1963 |
99-557 (1986) |
Amends sections 201, 204, 205, 207, 209, 211, 212, 213, 214, 215, 216, 217, 219, 220, 221, 222 of the HHCA by (1) deleting the word "Territory" and replacing with the word "state" or words of like import, “as context require,s” (2) deleting the word "Commission" and substituting the word "Department," (3) deleting certain phrasing in section 215, (4) replacing section 222, and (5) revising the leadership structure of the Hawaiian Homes Commission. |
♦ Green |
|||
|
5/3/1965 |
99-557 (1986) |
Amends the HHCA section 213(b) by providing additional receipts for deposit in a special revolving account with the Hawaiian Home Loan Fund until the aggregate equaled $2,500,000 with any additional receipts to be repaid to the State's Legislative directive. Also amends section 213 (c) requiring 15 percent of the Additional Receipts be used to fund nonrevenue-producing improvements such as sewage facilities and roads. |
♦ Green |
|||
|
5/5/1965 |
99-557 (1986) |
Amends section 225 to authorize the DHHL to invest moneys not immediately needed from any of its accounts and credit and deposit any interest or other earnings arising out of such investment in the Hawaiian Homes Operating Fund. |
♦ Green |
|||
|
6/30/1965 |
99-557 (1986) |
Amends section 202 implementing changes to civil service positions. |
♦ Green |
|||
|
7/12/1965 |
99-557 (1986) |
Amends section 204 and provides the DHHL with additional flexibility in the area of land management. |
♦ Green |
|||
|
5/29/1967 |
99-557 (1986) |
Amends sections 208, 213, and 216 and makes available to lessees, upon approval from the DHHL, loans from other governmental agencies. The amendment to section 216 makes it clear that the DHHL shall have a first lien on any machinery and equipment purchased with money loaned by the DHHL or loans from governmental agencies payment of which is assured by the DHHL. Repeals section 218. |
♦ Green |
|||
|
5/7/1968 |
99-557 (1986) |
Amends section 215(l) to increase the maximum loan amounts then allowed, loans to residential lessees increased from $10,000 to $20,000 and agricultural and pastoral lessees from $15,000 to $25,000. |
♦ Green |
|||
|
6/24/1969 |
99-557 (1986) |
Deletes the words, "and interest of all outstanding loans" from section 213(b). |
♦ Green |
|||
|
7/16/1969 |
99-557 (1986) |
Amends sections 213 and 214 to authorize the DHHL to use the Hawaiian Home Loan Fund to make loans to qualified lessees for repair and maintenance of their homes on Hawaiian Home Lands or native Hawaiians who own non-Hawaiian home lands. |
♦ Green |
|||
|
5/19/1972 |
99-557 (1986) |
Amends sections 213, 214, and 215 to add four new funds for the originally established two revolving funds and to accommodate the mercantile purposes permitted under the newly-created commercial loan fund. |
♦ Green |
|||
|
6/22/1972 |
99-557 (1986) |
Amends section 222 of the HHCA to require an annual report by the DHHL to the legislature and authorizes the DHHL to adopt rules and regulations and policies in accordance with Chapter 91, Hawaii Revised States. |
♦ Green |
|||
|
5/8/1973 |
99-557 (1986) |
Amends section 208 by increasing the guarantee ceiling set in 1967 from $500,000 to $2,000,000. |
♦ Green |
|||
|
5/18/1973 |
99-557 (1986) |
Amends section 213 by adding four new revolving funds to the home loan and home operating fun and the two special funds. Adds an additional special fund known as the Hawaiian Loan Guarantee fund which authorized the DHHL to create a fund to guarantee the payment of loans made by governmental agencies or lending institutions. |
♦ Green |
|||
|
6/20/1973 |
99-557 (1986) |
Amends section 213 (b)(2) by establishing a realistic home loan amount in view of rising home construction cost by authorizing the DHHL to loan or guarantee the repayment or otherwise underwrite any authorized loan up to a maximum of $25,000 instead of the $20,00 established in 1968 by Act 29, SLH 1968. |
♦ Green |
|||
|
6/7/1974 |
99-557 (1986) |
Amends section 213 to establish a new revolving fund of $200,000 to be known as the Papakolea Home-Replacement Loan Fund. |
♦ Green |
|||
|
6/7/1974 |
99-557 (1986) |
Amends section 213(h) relating to the Hawaiian home-commercial loan fund. The amendment deletes the term "lease" and replaces it with the term "license" to conform to provisions which provide for granting of licenses, instead of leases to theaters, garages, service stations and other mercantile establishments. |
♦ Green |
|||
|
6/7/1974 |
99-557 (1986) |
Further amends section 215 of the HHCA, clarifying the provisions relating to conditions of loans made under the HHCA by restating the maximum loan limits allowable for different loan purposes. |
♦ Green |
|||
|
6/7/1974 |
99-557 (1986) |
Amends section 213(j) relating to the Anahola-Kekaha fund to provide that loans from this fund shall not exceed the loan amount specified for a residence lot in section 215. |
♦ Green |
|||
|
6/7/1974 |
99-557 (1986) |
Amends section 208(8), 213(b), and 213(k) to enable guarantee of loans made by private lending institutions. Authorizes DHHL to guarantee repayment of loans made by governmental agencies or private lending institutions to those holding leases or licenses issued under section 207 of the HHCA. This amendment also defines private lending institutions to include banks, buildings or savings and loan associations, trustees, guardians, trust companies, insurance companies, fiduciaries, and other persons having money to invest. Increases the aggregate of loans the DHHL can guarantee from $2,000,000 to $8,000,000. |
♦ Green |
|||
|
6/7/1974 |
99-557 (1986) |
Amends section 213 to add two additional loan funds-- the Keaukaha-Waiakea Home Replacement Loan Fund and the Keaukaha-Waiakea Home Construction Fund. |
♦ Green |
|||
|
4/8/1976 |
99-557 (1986) |
Amends section 204 by authorizing the HHC to manage the idle lands in accord with Chapter 171, HRS as does the Board of Land and Natural Resources. Grants the DHHL full authority to manage Hawaiian Home Lands not required for homestead leasing, to establish a single management system to coordinate authorized use of the lands and facilitates land exchanges. |
♦ Green |
|||
|
4/28/1976 |
99-557 (1986) |
Amends section 207 by enabling the DHHL to designate the location of home sites on residential lots, because of exorbitant cost to the state for site development, water, roads, and utility access. |
♦ Green |
|||
|
5/10/1976 |
99-557 (1986) |
Amends section 213 creating two new funds and increasing the loan ceiling for existing funds. |
♦ Green |
|||
|
5/17/1976 |
99-557 (1986) |
Amends section 224 to delete the salary limitation of $6,000 per year to the official representing the Department of the Interior. |
♦ Green |
|||
|
6/4/1977 |
99-557 (1986) |
Amends sections 202 and 222 to provide for an HHC member from the Island of Molokai, authorize the DHHL to hire exempt staff for special needs, and clarifies the personal liability coverage for members of the HHC. |
♦ Green |
|||
|
6/3/1978 |
99-557 (1986) |
Adds section 226 to qualify the DHHL to participate in relevant federal programs. |
♦ Green |
|||
|
6/5/1978 |
99-557 (1986) |
Amends sections 208, 213, 214, 216, and 225 to: 1) consolidate funds by functions and source; 2) standardize terms; 3) add a new fund as a depository for interest charges; 4) provide for money and gifts/bequeathed to the DHHL and defines parameters of use; and 5) increase the loan guarantee amount. |
♦ Green |
|||
|
11/8/1978 |
99-557 (1986) |
Amends section 204, 212, 213, and 221. Amends section 213 to create eight special funds. |
♦ Green |
|||
|
6/9/1979 |
99-557 (1986) |
Amends section 214 by increasing the amount which the DHHL was authorized to borrow or guarantee on loans to $21,000,000 to cover the DHHL’s projected guarantee requirements for its housing program up to 1981. |
♦ Green |
|||
|
6/2/1981 |
99-557 (1986) |
Amends sections 207, 208, 209, 213, 214, 215, 216, 219, 219.1, and 221 to include aquaculture as a permitted use of leased Hawaiian Home Lands and changes acreage. |
♦ Green |
|||
|
6/8/1981 |
No. Repealed. Department letter (see attachment) to Pres. of U.S. Senate briefly discussing Act 112 exclusion from PL 99-557 (May 31, 1989). |
|
|
Repealed by 1987 Haw. Sess. Laws, Act 36, Section 2. Amended sections 209 and 215 and added a new section. |
♦ Red |
|
|
6/16/1981 |
99-557 (1986) |
Amended section 213(a)(4) by deleting the word "residence" so as to allow loans to lessees for the construction of replacement homes located, not strictly on residence lots, but also on agricultural, aquacultural, and pastoral lands. |
♦ Green |
|||
|
6/18/1981 |
99-557 (1986) |
Amends sections 213 and 225 to enable the DHHL to effectively administer the Native Hawaiian Rehabilitation Fund (NHRF) by: 1) authorizing the DHHL to adopt necessary rules to administer NHRF and programs financed by the fund; 2) allowing the DHHL to administer NHRF and its related programs separate and apart from the requirements contained in other sections of the Act which apply to loans; and 3) requiring the crediting and deposition of any interest and earnings of the fund back into NHRF so that its particular intent may be furthered. |
♦ Green |
|||
|
6/18/1981 |
99-557 (1986) |
Amends sections 213, 214, and 215 by increasing the ceiling on loans to homestead lessees for the construction of homes and related improvements from $35,000 to $50,000, and for the repair of existing homes from $10,000 to $15,000. |
♦ Green |
|||
|
6/18/1982 |
99-557 (1986) |
Amends section 209 by reducing the blood quantum for a spouse or children of lessees to qualify to succeed to a lessee's homestead lease, to eliminate the requirement that a homestead lessee designate a successor at the time of the homestead award, and to limit the DHHL’s ability to select a successor to a lease when a lessee fails to designate a successor. |
♦ Green |
|||
|
6/18/1982 |
99-557 (1986) |
Correct an inconsistency between HRS 26-17 and section 202(a) of the HHCA. Changes the composition of the Commission from seven to eight members. |
♦ Green |
|||
|
6/18/1982 |
99-557 (1986) |
Amends sections 213 and 215 to improve the DHHL’s agricultural programs by increasing the ceiling on farm loans to lessees and by offering a wider variety of services and loans to homestead farmers and ranchers. |
♦ Green |
|||
|
6/18/1982 |
99-557 (1986) |
Amends section 219 of the HHCA to eliminate the ceiling of $6,000 for employment of agricultural and aquacultural experts. |
♦ Green |
|||
|
5/25/1983 |
99-557 (1986) |
Amends section 207 to allow the DHHL greater flexibility in the administration of its lands through the disposition of licenses. |
♦ Green |
|||
|
5/28/1983 |
99-557 (1986) |
Amends sections 213 and 225 by correcting inconsistencies relating to how the deposit location of interest and other earnings arising out of investments are to be deposited. |
♦ Green |
|||
|
5/28/1983 |
99-557 (1986) |
Amends section 202(a) to correct the inconsistencies resulting from the reapportionment of the state voting districts by the 1981 Reapportionment Commission. |
♦ Green |
|||
|
4/4/1984 |
99-557 (1986) |
Amends section 207(a) of the HHCA by deleting the proviso permitting the DHHL to designate the location of the home site on residence lots less than 10,000 square feet and added two new sentences authorizing the DHHL to develop and construct multi-family units for housing native Hawaiians and authorizing the DHHL to develop rules prescribing the method of disposition as well as the terms, conditions, covenants, and restricting as to the use and occupancy of such multi-family units. |
♦ Green |
|||
|
4/16/1984 |
99-557 (1986) |
Amends section 221(f) of the HHCA to permit the DHHL to negotiate agreements for the maintenance of the DHHL’s water systems and the billing and collection of user fees. |
♦ Green |
|||
|
4/16/1984 |
99-557 (1986) |
Amends section 207(c)(1)(B) to expand on who could obtain mercantile licenses to native Hawaiians or organizations formed and controlled by native Hawaiians instead of the more limited category of homestead lessees. |
♦ Green |
|||
|
5/30/1984 |
99-557 (1986) |
Amends section 202(b) to extend the term of employment of contract individuals. |
♦ Green |
|||
|
6/5/1984 |
99-557 (1986) |
Amends section 213 relating to the Hawaiian home interest fund, to expressly permit moneys therein be transferred to the Hawaiian home administration account which moneys, if transferred, could only be used to fund salaries and other administrative expenses related to loan services and delinquent collection activities. |
♦ Green |
|||
|
5/1/1985 |
99-557 (1986) |
Amends sections 204 and 208 of the HHCA to expressly require that any Hawaiian Home Lands general lease issued by the DHHL after June 30, 1985 contain a withdrawal clause allowing the DHHL to withdraw the land leased at any time during the term of the lease for the purposes of the HHCA and reduces the age requirements of an original lessee from 21 to 18 years of age. Also makes clarifying amendments. |
♦ Green |
|||
|
5/4/1985 |
99-557 (1986) |
Amends section 207(a) to adjust the minimum acreage restrictions of agricultural, aquacultural, or pastoral lots. |
♦ Green |
|||
|
5/29/1985 |
99-557 (1986) |
Amends section 209(l) of the HHCA to permit a lessee to designate a nonqualified surviving spouse or nonqualified child to receive a value equal to the net proceeds and authorizes the DHHL to make such payment upon the lessee's death. |
♦ Green |
|||
|
5/31/1985 |
99-557 (1986) |
Amends section 207(c)(2) relating to licenses as easements for railroads, telephone lines, electric power, light lines, gas mains and the like to the United States. Removing restrictions allowing greater flexibility to the DHHL in granting licenses to the United States and removing the governor approval requirement. |
♦ Green |
|||
|
6/8/1985 |
99-557 (1986) |
Amends sections 208 and 213(b) of the HHCA in order to enable the DHHL to be able to meet federal requirements imposed as conditions for participation to insured loan programs such as established by the Federal Housing Administration (HUD) and the Veterans Administration. |
♦ Green |
|||
|
6/12/1985 |
99-557 (1986) |
Amends section 202(b) of the HHCA to hire temporary staff on a contractual basis and not subject to civil service constraints when the services to be performed will assist in carrying out the purposes of the HHCA and permits such position to be funded through various funds including the native Hawaiian rehabilitation fund. |
♦ Green |
|||
|
4/10/1986 |
102-398 (1992) |
106 Stat. 1953 |
Adds section 227 authorizing the DHHL to participate in any federal/state program to establish one or more enterprise zones |
♦ Green |
||
|
4/22/1986 |
Yes. Original DOI determination letter (07/21/1989). Final determination by Counselor to the Secretary and Designated Officer (2/17/1995). However, repealed pursuant to its own sunset provision. |
Not enacted/repealed from State law. |
Not enacted/repealed from State law. |
Repealed effective December 31, 1995. Added title 5 to provide DHHL an alternative to its homestead program by distributing land to native Hawaiians through the homestead general leasing program thereby allowing greater flexibility in obtaining financing for improvements on lands, infrastructure improvements and passing leasehold interests on to survivors. |
♦ Red |
|
|
4/22/1986 |
Yes. Origninal DOI determination letter (07/21/1989). Final determination by Counselor to the Secretary and Designated Officer (2/17/1995). State letter attempting to provide clarifying comments regarding Act 84. See State letter of 3/3/1995 to DOI. |
Not enacted. |
Not enacted. |
Adds section 220.5 providing for development by contract and requirements for project developer agreements. |
♦ Purple |
|
|
4/22/1986 |
102-398 (1992) |
106 Stat. 1953 |
Amends HHCA section 214 to allow DHHL to use moneys pledged to its loan accounts as collateral to secure additional "new" loans and authorize it to transfer certain loan funds into the Hawaiian Home Trust Fund to serve as cash guarantees or reserves for federal loan programs. |
♦ Green |
||
|
5/29/1986 |
102-398 (1992) |
106 Stat. 1953 |
An act to provide for the Admission of the State of Hawaii into the Union. Amends HHCA sections 202, 213, 214, 220, and 222 to abolish certain funds, merging existing funds, and renaming an existing fund to serve as a holding account to simplify DHHL's funding structure (reduces the number of special funds and accounts from 15 to 7). |
♦ Green |
||
|
10/27/1986 (Federal Passage) |
N/A |
N/A |
99-557 (1986) |
The United States consents to all amendments made by the State of Hawaii between August 21, 1959, and June 30, 1985, except for Act 112 of 1981. |
N/A |
|
|
5/11/1987 |
102-398 (1992) |
106 Stat. 1953 |
Amends HHCA sections 209 and 213 to add clarification. |
♦ Green |
||
|
6/25/1987 |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends HHCA section 214 (b) (5) to correct a reference to “section” to “subsection.” |
♦ Blue |
||
|
4/21/1989 |
Yes |
102-398 (1992) |
106 Stat. 1953 |
Amends sections 214 and 215 by removing the loan ceiling in 214(b)(2) and revising the loan ceiling for single residence loan amounts in 215(1). |
♦ Green |
|
|
6/8/1989 |
Yes |
102-398 (1992) |
106 Stat. 1953 |
Amends HHCA, section 202 (a) to add an additional member of the HHC from Hawaiʻi county and to change the number of people on the HHC from 8 to 9. |
♦ Green |
|
|
6/9/1989 |
Yes. Determination by Counselor to the Secretary and Designated Officer (2/17/1995). However, the State attempts to provide clarifying comments regarding Act 283. See State letter of 3/3/1995 to DOI. |
Not enacted. |
Not enacted. |
Adds sections 204.5 and 213.5 providing for additional powers of the DHHL and establishing a special revenue bond fund. |
♦ Purple |
|
|
4/17/1990 |
Yes |
102-398 (1992) |
106 Stat. 1953 |
Amends HHCA section 204 to section (3)(b) to add a clarifying statement regarding the management and disposal of lands by the department. |
♦ Green |
|
|
4/17/1990 |
Yes |
102-398 (1992) |
106 Stat. 1953 |
Amends section 221(2)(b) and (c) to add the words, "agricultural operations" and amends HHCA sections 221 (2)(e) to add, "or" for clarification. |
♦ Green |
|
|
6/15/1990 |
Yes |
102-398 (1992) |
Amends HHCA sections 203 and 209(a)(2) to set aside a portion of land of Kalawahine makai of Tantalus Drive consisting of twelve acres and to include the words, " or under Section __ of the Act of _________ (__Stat. ___, ___)." after the words "as amended." |
♦ Green |
||
|
7/3/1990 |
Yes |
102-398 (1992) |
106 Stat. 1953 |
Amends HHCA section 208 to clarify subsection (2) by adding the following statement, "except that the DHHL may extend the term of any lease provided that the approval of any extension granted shall not be more than 199 years"; also amends subsection (3) by substituting, "lease is made with, "commencement of the term of the lease." |
♦ Green |
|
|
7/11/1990 |
Yes. State Act requires U.S. approval as per the specific language of the Act. |
Not enacted. |
Not enacted. |
Adds section 101 declaring Federal and State policy, the purpose of the act, and identifying the principle purposes of the Act as follows: (1) "to establish a permanent land base set aside by this Act for the native Hawaiians" (2) "place them in a prompt/efficient manner" (3) "prevent alienation of fee title" and (4) "provide adequate amounts of water” and (5) “financial/technical assistance." |
♦ Pink |
|
|
7/2/1991 |
No. Determination by Counselor to the Secretary and Designated Officer (11/10/1992). |
N/A |
N/A |
Amends section 220 to assure that (1) adequate amounts of water are reserved for the future development and use of Hawaiian homesteaders, (2) any lease of water rights or renewal shall be subject to the rights of the DHHL. |
♦ Blue |
|
|
5/27/1992 |
No. Determination by Counselor to the Secretary and Designated Officer (11/10/1992) |
N/A |
N/A |
Technical correction providing the full federal Statutes at Large cite in section 209, filling in the blanks of the amendment made by Act 150 (1990) to read " or under section 3 of the Act of July 9, 1952 (66 Stat. 511, 513)." |
♦ Green |
|
|
10/6/1992 (Federal Passage) |
N/A |
N/A |
102-398 (1992) |
106 Stat. 1953 |
The United States consents to Act 16 (1986), Act 85 (1986), Act 249 (1986), Act 36 (1987), Act 28 (1989), Act 265 (1989), Act 14 (1990), Act 24 (1990), Act 150 (1990) and Act 305 (1990) made by the State of Hawaii. |
N/A |
|
5/21/1993 |
Yes. Determination by Counselor to the Secretary and Designated Officer (2/17/1995). However, the State attempts to provide clarifying comments regarding Act 145. See State letter of 3/3/1995 to DOI. |
Not enacted. |
Not enacted. |
Amends section 213 to renumber subsections; remove $15,000 ceiling from loans from the Hawaiian Home General Loan Fund, and to clarify that the DHHL is authorized to adopt rules under Chapter 91 to administer the Native Hawaiian rehabilitation fund. |
♦ Purple |
|
|
5/21/1993 |
No. Determination by Counselor to the Secretary and Designated Officer (2/17/1995). |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 220.5(d)(3) to add the following statement, "with the value of the permanent improvements determined on the basis of fair market value or depreciated value, whichever is less." |
♦ Blue |
|
|
5/21/1993 |
No. Determination by Counselor to the Secretary and Designated Officer (2/17/1995). |
105-21 (1997) |
Amends HHCA section 209 (a)(2) to add the words, "father and mother" and amends section 209 (a)(3) to clarify that should a lessee die without naming a successor approved by the DHHL and there is not spouse or child, then a Native Hawaiian relative may be appointed as successor. |
♦ Green |
||
|
6/30/1993 |
Yes. Determination by Counselor to the Secretary and Designated Officer (2/17/1995). |
105-21 (1997) |
Under the purpose of the Act, to establish a hurricane relief fund, amends section 219.1(a) to outline activities the DHHL may undertake either alone or with any other government agency (i.e. form and insurance company/association, acquire an existing insurance company, enter into arrangements with one or more insurance companies, or undertake a combination of the previously state functions). |
♦ Green |
||
|
4/28/1994 |
Yes. Determination by Counselor to the Secretary and Designated Officer (2/17/1995). |
105-21 (1997) |
Amends section 209 by adding a new section (3) under qualified relatives of descendent and changing (3) to (4). |
♦ Green |
||
|
6/9/1994 |
No. Determination by Counselor to the Secretary and Designated Officer (2/17/1995). |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 209 by adding sections (b) outlining the method of appraisals of growing crops, and stocks; and (c) outlining the procedure to notify previous lessee and cancel abandoned tracts(s) and changing (b) to (d) and (c) to (e). |
♦ Blue |
|
|
6/9/1994 |
No. Determination by Counselor to the Secretary and Designated Officer (2/17/1995). |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 213 to reflect that any funds recovered from the Panaewa residential lots, units 3 and 4, will be credited/deposited into the Hawaiian Home Administration Account, and any excess cash in that account from 7/1/94 to 7/1/95 be transferred to the Hawaiian Home Operating fund to be used for repair, removal, replacement or restoration of homes in direct settlement with the homeowners. |
♦ Blue |
|
|
6/29/1995 |
No. Determination by ASPMB (08/07/2009). Department consultation report & analysis. |
Department of the Interior (DOI) deemed approval by Congress. unnecessary. |
DOI deemed approval by Congress unnecessary. |
Adds section 213.6 to resolve controversies regarding the Hawaiian Home Lands Trust between 8/21/59 and 7/1/88; to resolve all claims during that time period pertaining to the validity of patents issued. Also appropriates funds and provides additional means to accomplish the intent and purpose of the Act; establishes a trust fund; furthers public interest and precludes forever any derivative or other federal claims attempted to be tethered to the State. |
♦ Blue |
|
|
6/18/1996 |
|
No. Determination by ASPMB (08/07/2009). Department consultation report & analysis. |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 214 by replacing "21,000,000" with "$50,000,000" as the total ceiling for subsections 2, 3, and 4. |
♦ Blue |
|
6/16/1997 |
No. Determination by ASPMB (08/07/2009). Department consultation report & analysis. |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Adds section 207.5 authorizing the DHHL to develop/construct single and multi-family units per rules under Chapter 91 and also amends section 207 and 208 for clarification. |
♦ Blue |
|
|
6/16/1997 |
No. Determination by ASPMB (08/07/2009). Department consultation report & analysis. |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 201, 204.5, 205, 206, 210, 211, 213.5, 215, 217, and 227 for minor grammatical clarifications (capitalization, removal of brackets, etc.). |
♦ Blue |
|
|
6/27/1997 (Federal Passage) |
N/A |
N/A |
105-21 (1997) |
The United States consents to Act 339 (1993) and Act 37 (1994) made by the State of Hawaii. |
N/A |
|
|
4/23/1998 |
No. Determination by ASPMB (08/07/2009). Department consultation report & analysis. |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 213 to change the number of trust fund accounts from 5 to 4: (1) Hawaiian Home Operating Fund, (2) Hawaiian Home Receipts Fund, (3) Hawaiian Home Trust Fund, and (4) native Hawaiian Rehabilitation Fund which is subject to the conditions outlines in subsection (i) (1)-(5). Also adds a Hawaiian Homes Administration Account as a special fund instead of a trust fund. |
♦ Blue |
|
|
4/15/1999 |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 208 to clarify that lessees may, with the approval of the DHHL, transfer interest to qualified relatives who are at least 1/4 Hawaiian (i.e. husband, wife, child or grandchild). |
♦ Blue |
||
|
5/22/2000 |
No. Determination by ASPMB (08/07/2009). Department consultation report & analysis. |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 204 for minor clarifications. |
♦ Blue |
|
|
7/24/2000 |
Yes. Determination by ASPMB (08/07/2009). Department consultation report, analysis, & Senate testimony. |
Not Enacted |
Not Enacted |
Amends section 215 authorizing the DHHL to establish, by administrative rule, the interest rate on loans from the Hawaiian Home Loan Fund and other loan sources. Lowers the interest rate on such loans from two and one-half percent to zero %. |
♦ Red |
|
|
5/22/2001 |
No. Determination by ASPMB (08/07/2009). Department consultation report & analysis. |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 222 clarifying that the annual reporting requirement to the legislature on lands leased or subleased apply only to those lands leased in accordance with chapter 171 and clarifies the department’s responsibility to adopt rules in accordance with chapter 91. |
♦ Blue |
|
|
5/22/2001 |
No. Determination by ASPMB (08/07/2009). Department consultation report & analysis. |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 209 authorizing the DHHL to require a successor (or successors) who receives a homestead lease due to the death of a lessee leaving no qualified successor, the cancellation of a lease by the DHHL, or the surrender of a lease by the lessee, to secure private financing to repay any advances made from the Hawaiian Home Loan Fund or Hawaiian Home General Loan Fund. |
♦ Blue |
|
|
6/28/2001 |
Yes. State Act requires U.S. approval as per the specific language of the Act. Determination by ASPMB (08/07/2009). Department consultation report. |
Not Enacted |
Not Enacted |
Adds sections 201.4 and 201.6 providing federal reaffirmation and authorizing community-based governance on Hawaiian home lands. |
♦ Pink |
|
|
4/10/2002 |
Yes. Determination by ASPMB (08/07/2009). Department consultation report & Senate testimony. |
Not Enacted |
Not Enacted |
Amends section 208 to allow a homestead lessee who received leasehold interest via transfer or succession who is at least one-quarter Hawaiian to transfer the leasehold interest in the tract to a brother or sister who is at least one-quarter Hawaiian. |
♦ Red |
|
|
6/6/2002 |
No. Determination by ASPMB (08/07/2009). Department consultation report & analysis. |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 213 to broaden the use of the Native Hawaiian Rehabilitation Fund (NHRF) to allow the provision of the NHRF-supported programs and services to be extended to native Hawaiian families and Hawaiian Homestead communities. |
♦ Blue |
|
|
7/1/2002 |
State submission required. |
State submission required. |
State submission required. |
Amends section 202(b) with regards to the provisions of the Hawaii Revised Statutes applicable to the hiring of staff. |
♦ Orange |
|
|
4/20/2005 |
Yes. Determination by ASPMB (11/22/2006). Department consultation report & Senate testimony. |
Not Enacted |
Not Enacted |
Amends section 209 to permit a homestead lessee to designate a brother or sister who is at least one-quarter native Hawaiian to succeed to the leasehold interest in the tract. |
♦ Red |
|
|
5/17/2005 |
No. Determination by ASPMB (11/22/2006). Department consultation report. |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 208 to permit the use of private mortgage insurance acceptable to the Commission. |
♦ Blue |
|
|
6/7/2006 |
No. Determination by ASPMB (08/07/2009). Department consultation report & analysis. |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 213.6 to allow the Hawaiian Home Commission to deposit moneys in depositories other than the state treasury. Authorizes the Hawaiian Homes Commission to manage, invest, and reinvest moneys in the trust fund. Authorizes the commission to hold, purchase, sell, assign, transfer, or dispose or any securities and investments and any proceeds from investments in which trust fund moneys have been invested. Amends section 213.6 to allow the Commission to deposit and invest moneys from the trust fund outside of the state treasury. |
♦ Blue |
|
|
5/21/2008 |
Awaiting full submission of the proposed amendment and accompanying information to the Department. |
|
|
Amends section 215 increasing the loan ceiling from $50,000 to $200,000. |
♦ Maroon |
|
|
7/2/2010 |
Currently under review. Awaiting additional information from the State. |
|
|
Amends section 213 to deposit 15 per cent of all lease agreements granted lease extensions into the Native Hawaiian rehabilitation fund and requires that an annual report be submitted for the fund. Adds section 228 regulating commercial use of Hawaiian home lands. |
♦ Maroon |
|
|
7/1/2011 |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Amends section 214 increasing the State's liability ceiling from $50,000 to $100,000,000. If at a future date the State seeks to increase the debt ceiling again, the State should provide evidence of how this increase in debt ceiling actually benefited the HHCA lessees as anticipated. Without such evidence, there will be little if any basis to find that a future increase would advance the interests of the HHCA lessees. |
♦ Blue |
||
|
06/28/2012 |
No. Determination by ASPMB (08/13/2013). Department consultation enclosed. |
DOI deemed approval by Congress unnecessary. |
DOI deemed approval by Congress unnecessary. |
Act 174 seeks to amend the Hawaiian Homes Commission Act (HHCA) of 1920, by exempting DHHL expenditures of less than $100,000 from the Hawaii Public Procurement Code. |
♦ Blue |
|
|
06/28/2012 |
Currently under review. Awaiting further information from the State. |
Seeks to repeal certain sections of Act 187 (2010). |
♦ Maroon |
|||
|
07/01/2014 |
Yes. Determination by DOI (01/24/2018). Per terms of the decision letter (State did not respond to DOI decision letter by 03/29/2018) Act 173 is presumed withdrawn. This option provided to State because it may amend chapter 171 as to its public lands avoiding conflict created between Act 173 and HHCA section 204. Department consultation report & analysis. |
State of Hawai‘i Act 173 (2014) proposes to amend the Hawaiian Homes Commission Act, 1920, 42 Stat. 108 (HHCA), Section 204(a)(2), by adding an additional proviso to permit the State of Hawai‘i Department of Hawaiian Home Lands (DHHL) to “lease by direct negotiation and at fair market rents, and for a term not to exceed five years, any improvements on Hawaiian home lands, or portions thereof, that are owned or controlled by the [DHHL]” not required for homestead leasing under section 207(a) of the HHCA. |
♦ Red |
|||
| 07/05/2017 |
|
Currently under review. Awaiting additional information from the State. | Seeks to reduce the minimum blood quantum requirement from one-quarter to one thirty-second for certain relatives of a homestead lessee to succeed to a lessee's homestead lease upon death. Act requires U.S. approval as per the specific language of the Act. | ♦ Maroon |