Home > 106th Congressional Bills > S. 225 (rs) To provide Federal housing assistance to Native Hawaiians. [Reported in Senate] ...

S. 225 (rs) To provide Federal housing assistance to Native Hawaiians. [Reported in Senate] ...


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106th CONGRESS
  1st Session
                                 S. 225

                          [Report No. 106-192]

       To provide Federal housing assistance to Native Hawaiians.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

 Mr. Inouye (for himself and Mr. Akaka) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                            October 14, 1999

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 27, 1999

 Referred sequentially to the Committee on Banking, Housing, and Urban 
Affairs, and if the bill is not reported by that Committee by November 
    2, 1999, the Committee be discharged from further consideration 
 thereof, and the bill be placed on the calendar, by unanimous consent

_______________________________________________________________________

                                 A BILL


 
       To provide Federal housing assistance to Native Hawaiians.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Native American Housing 
Assistance and Self-Determination Amendments of 1999''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the United States has undertaken a 
        responsibility to promote the general welfare of the United 
        States by--</DELETED>
                <DELETED>    (A) employing its resources to remedy the 
                unsafe and unsanitary housing conditions and the acute 
                shortage of decent, safe, and sanitary dwellings for 
                families of lower income; and</DELETED>
                <DELETED>    (B) developing effective partnerships with 
                governmental and private entities to accomplish the 
                objectives referred to in subparagraph (A);</DELETED>
        <DELETED>    (2) pursuant to the provisions of the Hawaiian 
        Homes Commission Act, 1920 (42 Stat. 108 et seq.), the United 
        States set aside 200,000 acres of land in the Federal territory 
        that later became the State of Hawaii in order to establish a 
        homeland for the native people of Hawaii--Native 
        Hawaiians;</DELETED>
        <DELETED>    (3) despite the intent of Congress in 1920 to 
        address the housing needs of Native Hawaiians through the 
        enactment of the Hawaiian Homes Commission Act, 1920 (42 Stat. 
        108 et seq.), some agencies of the Federal Government have 
        taken the legal position that subsequently enacted Federal 
        housing laws designed to address the housing needs of all 
        eligible families in the United States could not be extended to 
        address the needs for housing and infrastructure development on 
        Hawaiian home lands (as that term is defined in section 801 of 
        the Native American Housing Assistance and Self-Determination 
        Act of 1996, as added by section 3 of this Act) with the result 
        that otherwise eligible Native Hawaiians residing on the 
        Hawaiian home lands have been foreclosed from participating in 
        Federal housing assistance programs available to all other 
        eligible families in the United States;</DELETED>
        <DELETED>    (4) although Federal housing assistance programs 
        have been administered on a racially neutral basis in the State 
        of Hawaii, Native Hawaiians continue to have the greatest unmet 
        need for housing and the highest rates of overcrowding in the 
        United States;</DELETED>
        <DELETED>    (5) among the Native American population of the 
        United States, Native Hawaiians experience the highest 
        percentage of housing problems in the United States, as the 
        percentage--</DELETED>
                <DELETED>    (A) of housing problems in the Native 
                Hawaiian population is 49 percent, as compared to--
                </DELETED>
                        <DELETED>    (i) 44 percent for American Indian 
                        and Alaska Native households in Indian country; 
                        and</DELETED>
                        <DELETED>    (ii) 27 percent for all other 
                        households in the United States; and</DELETED>
                <DELETED>    (B) overcrowding in the Native Hawaiian 
                population is 36 percent as compared to 3 percent for 
                all other households in the United States;</DELETED>
        <DELETED>    (6) among the Native Hawaiian population, the 
        needs of Native Hawaiians, as that term is defined in section 
        801 of the Native American Housing Assistance and Self-
        Determination Act of 1996, as added by section 3 of this Act, 
        eligible to reside on the Hawaiian Home Lands are the most 
        severe, as--</DELETED>
                <DELETED>    (A) the percentage of overcrowding in 
                Native Hawaiian households on the Hawaiian Home Lands 
                is 36 percent; and</DELETED>
                <DELETED>    (B) approximately 13,000 Native Hawaiians, 
                which constitute 95 percent of the Native Hawaiians who 
                are eligible to reside on the Hawaiian Home Lands, are 
                in need of housing;</DELETED>
        <DELETED>    (7) applying the Department of Housing and Urban 
        Development guidelines--</DELETED>
                <DELETED>    (A) 70.8 percent of Native Hawaiians who 
                either reside or who are eligible to reside on the 
                Hawaiian Home Lands have incomes that fall below the 
                median family income; and</DELETED>
                <DELETED>    (B) 50 percent of Native Hawaiians who 
                either reside or who are eligible to reside on the 
                Hawaiian Home Lands have incomes below 30 percent of 
                the median family income; and</DELETED>
        <DELETED>    (8) </DELETED>\<DELETED>1/3</DELETED>\ <DELETED>of 
        those Native Hawaiians who are eligible to reside on the 
        Hawaiian Home Lands pay more than 30 percent of their income 
        for shelter, and </DELETED>\<DELETED>1/2</DELETED>\ <DELETED>of 
        those Native Hawaiians face overcrowding;</DELETED>
        <DELETED>    (9) the extraordinarily severe housing needs of 
        Native Hawaiians demonstrate that Native Hawaiians who either 
        reside on, or are eligible to reside on, Hawaiian Home Lands 
        have been denied equal access to Federal low-income housing 
        assistance programs available to other qualified residents of 
        the United States, and that a more effective means of 
        addressing their housing needs must be authorized;</DELETED>
        <DELETED>    (10) consistent with the recommendations of the 
        National Commission on American Indian, Alaska Native, and 
        Native Hawaiian Housing, and in order to address the continuing 
        prevalence of extraordinarily severe housing needs among Native 
        Hawaiians who either reside or are eligible to reside on the 
        Hawaiian Home Lands, Congress finds it necessary to extend the 
        Federal low-income housing assistance available to American 
        Indians and Alaska Natives under the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
        et seq.) to those Native Hawaiians;</DELETED>
        <DELETED>    (11) under the treatymaking power of the United 
        States, Congress had the authority to confirm a treaty between 
        the United States and the government that represented the 
        Hawaiian people under clause 3 of section 8 of article I of the 
        Constitution, the authority of Congress to address matters 
        affecting the indigenous peoples of the United States includes 
        the authority to address matters affecting Native 
        Hawaiians;</DELETED>
        <DELETED>    (12) through treaties, Federal statutes, and 
        rulings of the Federal courts, the United States has recognized 
        and reaffirmed that--</DELETED>
                <DELETED>    (A) the political status of Native 
                Hawaiians is comparable to that of American Indians and 
                Alaska Natives; and</DELETED>
                <DELETED>    (B) the aboriginal, indigenous people of 
                the United States have--</DELETED>
                        <DELETED>    (i) a continuing right to autonomy 
                        in their internal affairs; and</DELETED>
                        <DELETED>    (ii) an ongoing right of self-
                        determination and self-governance that has 
                        never been extinguished;</DELETED>
        <DELETED>    (13) the political relationship between the United 
        States and the Native Hawaiian people has been recognized and 
        reaffirmed by the United States as evidenced by the inclusion 
        of Native Hawaiians in--</DELETED>
                <DELETED>    (A) the Native American Programs Act of 
                1974 (42 U.S.C. 2291 et seq.);</DELETED>
                <DELETED>    (B) the American Indian Religious Freedom 
                Act (42 U.S.C. 1996 et seq.);</DELETED>
                <DELETED>    (C) the National Museum of the American 
                Indian Act (20 U.S.C. 80q et seq.);</DELETED>
                <DELETED>    (D) the Native American Graves Protection 
                and Repatriation Act (25 U.S.C. 3001 et 
                seq.);</DELETED>
                <DELETED>    (E) the National Historic Preservation Act 
                (16 U.S.C. 470 et seq.);</DELETED>
                <DELETED>    (F) the Native American Languages Act of 
                1992 (106 Stat. 3434);</DELETED>
                <DELETED>    (G) the American Indian, Alaska Native and 
                Native Hawaiian Culture and Arts Development Act (20 
                U.S.C. 4401 et seq.);</DELETED>
                <DELETED>    (H) the Job Training Partnership Act (29 
                U.S.C. 1501 et seq.); and</DELETED>
                <DELETED>    (I) the Older Americans Act of 1965 (42 
                U.S.C. 3001 et seq.); and</DELETED>
        <DELETED>    (14) in the area of housing, the United States has 
        recognized and reaffirmed the political relationship with the 
        Native Hawaiian people through--</DELETED>
                <DELETED>    (A) the enactment of the Hawaiian Homes 
                Commission Act, 1920 (42 Stat. 108 et seq.), which set 
                aside approximately 200,000 acres of public lands that 
                became known as Hawaiian Home Lands in the Territory of 
                Hawaii that had been ceded to the United States for 
                homesteading by Native Hawaiians in order to 
                rehabilitate a landless and dying people;</DELETED>
                <DELETED>    (B) the enactment of 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)--</DELETED>
                        <DELETED>    (i) by ceding to the State of 
                        Hawaii title to the public lands formerly held 
                        by the United States, and mandating that those 
                        lands be held in public trust, for the 
                        betterment of the conditions of Native 
                        Hawaiians, as that term is defined in section 
                        801(15) of the Native American Housing 
                        Assistance and Self-Determination Act of 1996, 
                        as added by section 3 of this Act; 
                        and</DELETED>
                        <DELETED>    (ii) by transferring what the 
                        United States considered to be a trust 
                        responsibility for the administration of 
                        Hawaiian Home Lands to the State of Hawaii, but 
                        retaining the authority to enforce the trust, 
                        including the exclusive right of the United 
                        States to consent to any actions affecting the 
                        lands which comprise the corpus of the trust 
                        and any amendments to the Hawaiian Homes 
                        Commission Act, 1920 (42 Stat. 108 et seq.), 
                        enacted by the legislature of the State of 
                        Hawaii affecting the rights of beneficiaries 
                        under the Act;</DELETED>
                <DELETED>    (C) the authorization of mortgage loans 
                insured by the Federal Housing Administration for the 
                purchase, construction, or refinancing of homes on 
                Hawaiian Home Lands under the Act of June 27, 1934 
                (commonly referred to as the ``National Housing Act'' 
                (42 Stat. 1246 et seq., chapter 847; 12 U.S.C. 1701 et 
                seq.));</DELETED>
                <DELETED>    (D) authorizing Native Hawaiian 
                representation on the National Commission on American 
                Indian, Alaska Native, and Native Hawaiian Housing 
                under Public Law 101-235;</DELETED>
                <DELETED>    (E) the inclusion of Native Hawaiians in 
                the definition under section 3764 of title 38, United 
                States Code, applicable to subchapter V of chapter 37 
                of title 38, United States Code (relating to a housing 
                loan program for Native American veterans); 
                and</DELETED>
                <DELETED>    (F) the enactment of the Hawaiian Home 
                Lands Recovery Act (109 Stat. 357; 48 U.S.C. 491, note 
                prec.) which establishes a process for the conveyance 
                of Federal lands to the Department of Hawaiian Homes 
                Lands that are equivalent in value to lands acquired by 
                the United States from the Hawaiian Home Lands 
                inventory.</DELETED>

<DELETED>SEC. 3. HOUSING ASSISTANCE.</DELETED>

<DELETED>    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:</DELETED>

         <DELETED>``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE 
                          HAWAIIANS</DELETED>

<DELETED>``SEC. 801. DEFINITIONS.</DELETED>

<DELETED>    ``In this title:</DELETED>
        <DELETED>    ``(1) Department of hawaiian home lands; 
        department.--The term `Department of Hawaiian Home Lands' or 
        `Department' means the agency or department of the government 
        of the State of Hawaii that is responsible for the 
        administration of the Hawaiian Homes Commission Act, 1920 (42 
        Stat. 108 et seq.).</DELETED>
        <DELETED>    ``(2) Director.--The term `Director' means the 
        Director of the Department of Hawaiian Home Lands.</DELETED>
        <DELETED>    ``(3) Elderly families; near-elderly families.--
        </DELETED>
                <DELETED>    ``(A) In general.--The term `elderly 
                family' or `near-elderly family' means a family whose 
                head (or his or her spouse), or whose sole member, is--
                </DELETED>
                        <DELETED>    ``(i) for an elderly family, an 
                        elderly person; or</DELETED>
                        <DELETED>    ``(ii) for a near-elderly family, 
                        a near-elderly person.</DELETED>
                <DELETED>    ``(B) Certain families included.--The term 
                `elderly family' or `near-elderly family' includes--
                </DELETED>
                        <DELETED>    ``(i) 2 or more elderly persons or 
                        near-elderly persons, as the case may be, 
                        living together; and</DELETED>
                        <DELETED>    ``(ii) 1 or more persons described 
                        in clause (i) living with 1 or more persons 
                        determined under the housing plan to be 
                        essential to their care or well-
                        being.</DELETED>
        <DELETED>    ``(4) Hawaiian home lands.--The term `Hawaiian 
        Home Lands' means lands that--</DELETED>
                <DELETED>    ``(A) have the status as Hawaiian home 
                lands under section 204 of the Hawaiian Homes 

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