HHCA Amendments

Appendix A: Inventory of Proposed and Passed HHCA Amendments.

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
48 Stat 777 [pdf] (285.25 KB)
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
50 Stat 497 [pdf] (431.45 KB)
Amends sections 203, 207, 208, 209, 215, 216, and 220. ♦ Green

11/26/1941

(Federal Passage)

N/A Yes 77-325
55 Stat 782 [pdf] (240.11 KB)
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
58 Stat 260 [pdf] (253.75 KB)
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
62 Stat 390 [pdf] (208.32 KB)
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
66 Stat 511 [pdf] (873.49 KB)
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
68 Stat 16 [pdf] (93.92 KB)
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
68 Stat 259 [pdf] (125.34 KB)
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
Yes. 

.

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
1961 Act 183 [pdf] (237.67 KB)
Yes. 

.

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
Yes. 

.

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
1962 Act 18 [pdf] (217.67 KB)
Yes. 

.

99-557 (1986)
Amends section 215(1) to increase the residential loan ceiling from $6,000 to $10,000. ♦ Green
6/20/1963
Yes. 

.

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 Act 4 Yes. 

.

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 Act 30 Yes. 

.

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
Yes. 

.

99-557 (1986)
Amends section 202 implementing changes to civil service positions. ♦ Green
7/12/1965
1965 Act 271 [pdf] (249.31 KB)
Yes. 

.

99-557 (1986)
Amends section 204 and provides the DHHL with additional flexibility in the area of land management. ♦ Green
5/29/1967
1967 Act 146 [pdf] (503.21 KB)
Yes. 

.

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
1968 Act 29 [pdf] (372.32 KB)
Yes. 

.

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
1969 Act 114 [pdf] (480.33 KB)
Yes. 

.

99-557 (1986)
Deletes the words, "and interest of all outstanding loans" from section 213(b). ♦ Green
7/16/1969 Yes. 

.

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 Yes. 

.

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
Yes. 

.

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
Yes. 

.

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
1973 Act 130 [pdf] (735.21 KB)
Yes. 

.

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
Yes. 

.

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
Yes. 

.

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
1974 Act 172 [pdf] (516.74 KB)
Yes. 

.

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
Yes. 

.

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
Yes. 

.

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
Yes. 

.

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
Yes. 

.

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
1976 Act 24 [pdf] (327.65 KB)
Yes. 

.

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
Yes. 

.

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
1976 Act 72 [pdf] (658.74 KB)
Yes. 

.

99-557 (1986) Amends section 213 creating two new funds and increasing the loan ceiling for existing funds. ♦ Green
5/17/1976
Yes. 

.

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
Yes. 

.

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
1978 Act 204 [pdf] (645.27 KB)
Yes. 

.

99-557 (1986) Adds section 226 to qualify the DHHL to participate in relevant federal programs. ♦ Green
6/5/1978
1978 Act 229 [pdf] (552.66 KB)
Yes. 

.

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 Yes. 

.

99-557 (1986) Amends section 204, 212, 213, and 221. Amends section 213 to create eight special funds. ♦ Green
6/9/1979
1979 Act 209 [pdf] (853.29 KB)
Yes. 

.

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
1981 Act 90 [pdf] (593.34 KB)
Yes. 

.

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.  

.

    Repealed by 1987 Haw. Sess. Laws, Act 36, Section 2. Amended sections 209 and 215 and added a new section. ♦ Red
6/16/1981
Yes. 

.

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
Yes. 

.

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
Yes. 

.

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
1982 Act 272 [pdf] (183.45 KB)
Yes. 

.

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
Yes. 

.

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
Yes. 

.

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
1982 Act 275 [pdf] (667.43 KB)
Yes. 

.

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 Yes. 

.

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
Yes. 

.

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
Yes. 

.

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
Yes. 

.

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
Yes. 

.

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
1984 Act 37 [pdf] (316.64 KB)
Yes. 

.

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
Yes. 

.

99-557 (1986) Amends section 202(b) to extend the term of employment of contract individuals. ♦ Green
6/5/1984
Yes. 

.

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
1985 Act 60 [pdf] (201.07 KB)
Yes. 

.

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 Yes. 

.

99-557 (1986) Amends section 207(a) to adjust the minimum acreage restrictions of agricultural, aquacultural, or pastoral lots. ♦ Green
5/29/1985
1985 Act 137 [pdf] (225.61 KB)
Yes. 

.

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
1985 Act 159 [pdf] (134.38 KB)
Yes. 

.

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
1985 Act 284 [pdf] (343.43 KB)
Yes. 

.

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
1985 Act 295 [pdf] (107.42 KB)
Yes. 

.

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

Yes. 102-398 (1992)
Pl 102-398 [pdf] (185.08 KB)
Adds section 227 authorizing the DHHL to participate in any federal/state program to establish one or more enterprise zones ♦ Green
4/22/1986
1986 Act 75 [pdf] (824.97 KB)

Yes. 

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
1986 Act 84 [pdf] (682.45 KB)

Yes. 

State letter attempting to provide clarifying comments regarding Act 84.

Not enacted. Not enacted. Adds section 220.5 providing for development by contract and requirements for project developer agreements. ♦ Purple
4/22/1986
1986 Act 85 [pdf] (409.74 KB)

Yes. 102-398 (1992)
Pl 102-398 [pdf] (185.08 KB)
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
1986 Act 249 [pdf] (729.97 KB)

Yes. 102-398 (1992)
Pl 102-398 [pdf] (185.08 KB)
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

Yes. 102-398 (1992)
Pl 102-398 [pdf] (185.08 KB)
Amends HHCA sections 209 and 213 to add clarification. ♦ Green
6/25/1987

No. 

.

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)
Pl 102-398 [pdf] (185.08 KB)
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
1989 Act 265 [pdf] (620.12 KB)
Yes 102-398 (1992)
Pl 102-398 [pdf] (185.08 KB)
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
1989 Act 283 [pdf] (924.61 KB)

However, the State attempts to provide clarifying comments regarding Act 283. 

.

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
1990 Act 14 [pdf] (228.52 KB)
Yes 102-398 (1992)
Pl 102-398 [pdf] (185.08 KB)
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)
Pl 102-398 [pdf] (185.08 KB)
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)
Pl 102-398 [pdf] (185.08 KB)
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
1990 Act 305 [pdf] (290.11 KB)
Yes 102-398 (1992)
Pl 102-398 [pdf] (185.08 KB)
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
1990 Act 349 [pdf] (176.14 KB)
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. 

.

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
1992 Act 92 [pdf] (172.28 KB)
No. 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)

Pl 102-398 [pdf] (185.08 KB)
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
1993 Act 145 [pdf] (812.64 KB)
Yes. 

However, the State attempts to provide clarifying comments regarding Act 145. 

.

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
1993 Act 146 [pdf] (125.18 KB)
No. 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. 105-21 (1997)
111 Stat 235 [pdf] (170.68 KB)
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. 105-21 (1997)
111 Stat 235 [pdf] (170.68 KB)
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
1994 Act 37 [pdf] (261.88 KB)
Yes. 105-21 (1997)
111 Stat 235 [pdf] (170.68 KB)
Amends section 209 by adding a new section (3) under qualified relatives of descendent and changing (3) to (4). ♦ Green
6/9/1994
1994 Act 109 [pdf] (402.67 KB)
No. 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
1994 Act 152 [pdf] (349.84 KB)
No. 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

Short Description

This memorandum requires Human Capital Offices to review and report on their organizations' usage of administrative leave on a quarterly basis, and to ensure that the usage of leave is appropriate and limited to the extent possible.

Approval Date
Archived
No
Label
Memo
Year
2020
Number
6

No. 

. Department 

.

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
1996 Act 232 [pdf] (100.66 KB)

Short Description

This memorandum requires Human Capital Offices to review and report on their organizations' usage of administrative leave on a quarterly basis, and to ensure that the usage of leave is appropriate and limited to the extent possible.

Approval Date
Archived
No
Label
Memo
Year
2020
Number
6

 

No. 

. Department 

.

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
1997 Act 196 [pdf] (248.87 KB)

Short Description

This memorandum requires Human Capital Offices to review and report on their organizations' usage of administrative leave on a quarterly basis, and to ensure that the usage of leave is appropriate and limited to the extent possible.

Approval Date
Archived
No
Label
Memo
Year
2020
Number
6

No. 

. Department 

.

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
1997 Act 197 [pdf] (379.11 KB)

Short Description

This memorandum requires Human Capital Offices to review and report on their organizations' usage of administrative leave on a quarterly basis, and to ensure that the usage of leave is appropriate and limited to the extent possible.

Approval Date
Archived
No
Label
Memo
Year
2020
Number
6

No. 

. Department 

.

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)

111 Stat 235 [pdf] (170.68 KB)
The United States consents to Act 339 (1993) and Act 37 (1994) made by the State of Hawaii. N/A
4/23/1998
1998 Act 27 [pdf] (325.14 KB)

Short Description

This memorandum requires Human Capital Offices to review and report on their organizations' usage of administrative leave on a quarterly basis, and to ensure that the usage of leave is appropriate and limited to the extent possible.

Approval Date
Archived
No
Label
Memo
Year
2020
Number
6

No. 

. Department 

.

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

Short Description

This memorandum requires Human Capital Offices to review and report on their organizations' usage of administrative leave on a quarterly basis, and to ensure that the usage of leave is appropriate and limited to the extent possible.

Approval Date
Archived
No
Label
Memo
Year
2020
Number
6

No. 

).

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
2000 Act 119 [pdf] (420.07 KB)

Short Description

This memorandum requires Human Capital Offices to review and report on their organizations' usage of administrative leave on a quarterly basis, and to ensure that the usage of leave is appropriate and limited to the extent possible.

Approval Date
Archived
No
Label
Memo
Year
2020
Number
6

No. 

. Department 

.

DOI deemed approval by Congress unnecessary. DOI deemed approval by Congress unnecessary. Amends section 204 for minor clarifications. ♦ Blue
7/24/2000
2000 Act 107 [pdf] (188.15 KB)

Short Description

This memorandum requires Human Capital Offices to review and report on their organizations' usage of administrative leave on a quarterly basis, and to ensure that the usage of leave is appropriate and limited to the extent possible.

Approval Date
Archived
No
Label
Memo
Year
2020
Number
6

Yes. 

. Department 

, & 

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. 

. Department 

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
2001 Act 122 [pdf] (137.43 KB)

No. 

. Department 

.

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
2001 Act 302 [pdf] (168.73 KB)

Yes. State Act requires U.S. approval as per the specific language of the Act. 

. Department 

.

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
2002 Act 12 [pdf] (129.98 KB)

Yes. 

. Department 

.

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
2002 Act 117 [pdf] (525.52 KB)

No. 

. Department 

.

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
2005 Act 16 [pdf] (121.38 KB)

Yes. 

. Department 

.

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
2005 Act 53 [pdf] (829.88 KB)

No. 

. Department 

.

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
2006 Act 177 [pdf] (540.27 KB)

No. 

. Department 

.

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
2010 Act 187 [pdf] (574.51 KB)

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
2011 Act 114 [pdf] (158.02 KB)

No. 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. 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
2014 Act 173 [pdf] (182.44 KB)

Yes. 

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 

.

    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

 

 

 

 

 

 

 

Congressional approval required.      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. ♦ Red

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