Homestead & Beneficiary Associations

1. What is the definition of an HHCA Beneficiary Association?

A Hawaiian Homes Commission Act (HHCA) Beneficiary Association means an organization controlled by beneficiaries (as defined by the Hawaiian Home Lands Recovery Act, 109 Stat. 537) who submitted applications to the State of Hawai‘i Department of Hawaiian Home Lands (DHHL) for homesteads and are awaiting the assignment of a homestead; represents and serves the interests of those beneficiaries; has as a stated primary purpose the representation of, and provision of services to, those beneficiaries; and filed with the Secretary of the Interior (Secretary) a statement, signed by the governing body, of governing procedures and a description of the beneficiaries it represents. 43 CFR §§ 47.10 and 48.6.

2. What is the definition of a Homestead Association?

Homestead Association means a beneficiary controlled organization that represents and serves the interests of its homestead community; has as a stated primary purpose the representation of, and provision of services to, its homestead community; and filed with the Secretary a statement, signed by the governing body, of governing procedures and a description of the territory it represents. 43 CFR §§ 47.10 and 48.6.

3. What is the purpose of the Homestead and Beneficiary Associations List?

• The purpose of the Homestead and Beneficiary Associations (HBA) List is to assist the Department of the Interior (Department) to communicate and work with HBAs in its efforts to administer the Federal laws governing the Hawaiian Home Lands Trust and Hawaiian Home Lands Trust Funds (collectively, the “Trust”).  The HBA List is maintained by the U.S. Department of the Interior Office of Native Hawaiian Relations (Office) in accord with 43 CFR parts 47 & 48.

• The Department expects other Federal agencies will also use the HBA List when working on issues involving the Trust.

4. Must all Homestead Associations and HHCA Beneficiary Associations participate on the HBA List?

No.  Placement on the HBA List is voluntary and associations are not required to participate.  It is anticipated, however, that Federal agency officials will rely on the HBA List to assist with their reasonable and good faith efforts to identify a beneficiary or homestead association to be notified or consulted with when required by statute or when otherwise desired by an agency.

5. Can multiple Homestead Associations serving the same home lands area register?

Yes.  There is no limit on the number of Homestead Associations serving a particular home lands area.

6. How does a Homestead Association register for the HBA List?

• A Homestead Association must certify in a written statement, signed and dated by the organization’s governing body, submitted to the Secretary that the organization:

  • Is controlled by HHCA beneficiaries;

  • Represents and serves the interests of its homestead community; and,

  • Has as a stated primary purpose the representation of, and provision of services to, its homestead community.

• The certification must also include:

  • Valid U.S. mailing and e-mail addresses to which the organization wants notifications sent;

  • A statement of governing procedures (e.g., a copy of the organization’s governing documents);

  • A summary of the services it provides to its homestead community;

  • A description of the territory it represents; and,

  • Consent to the publication of the above information and posting for public access on the Office’s webpage.

• The organization will be placed on the HBA List upon a determination that the requested certification and information are complete.

• It is a violation of Federal law to make false, fictitious, or fraudulent statements to the Federal Government.

• Send the certification to: Office of Native Hawaiian Relations, 1849 C Street NW. MS 3561, Washington, DC 20240, or PO Box 50165, Honolulu, HI 96850.

7. How does an HHCA Beneficiary Association register for the HBA List?

• An HHCA Beneficiary Association must certify in a written statement, signed and dated by the organization’s governing body, submitted to the Secretary that the organization:

  • Is controlled by beneficiaries who submitted an application to the DHHL for a homestead and are awaiting the assignment of a homestead;

  • Represents and serves the interests of those beneficiaries; and,

  • Has as a stated primary purpose the representation of, and provision of services to, those beneficiaries.

• The certification must also include:

  • Valid U.S. mailing and e-mail addresses to which the organization wants notifications sent;

  • A statement of governing procedures (e.g. a copy of the organization’s governing documents);

  • A summary of the services it provides to those beneficiaries;

  • A description of the beneficiaries it represents; and,

  • Consent to the publication of the above information and posting for public access on the Office’s webpage.

• The organization will be placed on the HBA List upon a determination that the requested certification and information are complete.

• It is a violation of Federal law to make false, fictitious, or fraudulent statements to the Federal Government.

• Send the certification to: Office of Native Hawaiian Relations, 1849 C Street NW. MS 3561, Washington, DC 20240, or PO Box 50165, Honolulu, HI 96850.

8. How long does placement on the HBA List last?

Placement on the HBA List is valid for five years.  Registration automatically expires at the end of five years, measured from the date the organization was placed on the HBA List or last had its registration renewed, whichever is more recent.  The Office will notify the organization at the last listed address of the need to renew its registration for the HBA List.

9. How will the Office manage and provide public notification of the HBA List?

• The Office will maintain the HBA List and will periodically update it.

• The Office will publish on its website the names, contact information, and descriptions of the listed HBAs.  This information will be updated periodically.

• Copies of the HBA List and instructions outlining how to become a listed organization will also be available online or may be requested from the Office.

10. How will listed HBAs be notified of Federal actions?

• Officials of Federal agencies who are seeking to consult with an HBA should notify those organizations on the HBA List.

• The notification should:

  • Be sent to the address listed on the HBA List;

  • Outline the proposed Federal action that may affect the organization’s homestead community or beneficiary members; and,

  • Provide a point of contact within the Federal agency to whom the HBA may direct its inquiries.

11. What must an HBA do in order to remain on the HBA List?

• To remain on the HBA List, organizations must submit a written request at least every five years.  It is the responsibility of the organization to notify the Office of changes to its status as an HBA and contact information.

• The request to remain on the HBA List must be sent to the Office at least 30 days before the organization’s registration expires.

• The request to remain on the HBA List must include a certification, signed and dated by the organization’s governing body, that includes:

  • The organization’s current contact information, including valid U.S. mailing and e-mail addresses;

  • A statement that the organization continues to meet the applicable criteria listed above; and,

  • A statement that it is the official position of the organization to remain on the HBA List.

• If the information submitted by an organization to update its listing is incomplete, the organization may not remain listed.

• If an organization does not provide a satisfactory update every five years, its placement on the HBA List will automatically expire.  Registration automatically expires at the end of five years measured from the date the organization was placed on the HBA List or last had its registration renewed, whichever is more recent.

12. How does an HBA voluntarily remove itself from the HBA List?

• If an organization wants to be removed from the HBA List prior to the automatic expiration date, the organization must send to the Office a written, signed and dated statement from the organization’s governing body affirmatively requesting removal from the HBA List.

• After receipt of the removal request, the Office will remove the organization during the periodic update of the HBA List.

13. Does registration on the HBA List qualify an HBA for a formal government-to-government relationship with the United States?

No.  The process and requirements for re-establishing a formal government-to-government relationship between the United States and the Native Hawaiian Community through a single entity are specified in 43 CFR Part 50.