Hawaii 2024 Regular Session

Hawaii House Bill HCR130 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.C.R. NO. 130 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII HOUSE CONCURRENT RESOLUTION Urging the United States Department of the Interior to work with the Office of the Governor, Department of Hawaiian Home Lands, United States congressional delegations from Hawaii, and Sovereign Council of Hawaiian Homestead Associations to make a determination in support of Act 80, Session Laws of Hawaii 2017.
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3	3	HOUSE OF REPRESENTATIVES H.C.R. NO. 130
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.C.R. NO.
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11	11	130
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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29	29	HOUSE CONCURRENT
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31	31	RESOLUTION
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37	37	Urging the United States Department of the Interior to work with the Office of the Governor, Department of Hawaiian Home Lands, United States congressional delegations from Hawaii, and Sovereign Council of Hawaiian Homestead Associations to make a determination in support of Act 80, Session Laws of Hawaii 2017.
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45	45	WHEREAS, the Hawaiian Homes Commission Act of 1920, as amended (HHCA), enables native Hawaiians to return to their lands in order to fully support self-sufficiency, self-determination, and the preservation of the values, traditions, and culture of native Hawaiians; and WHEREAS, the HHCA created a land trust to enable displaced native Hawaiian people to lease residential, agriculture, or pastoral homestead land from the trust for one dollar per year; and WHEREAS, in the years following the Territory of Hawaii joining the United States in 1959, the State promised to take responsibility for managing these lands and supporting native Hawaiian people through ensuring the perpetuation of the HHCA; and WHEREAS, native Hawaiians who meet the fifty per cent blood quantum are eligible for the Hawaiian Home Lands program; and WHEREAS, further, the reduction prevents generationally held homestead leases from being lost when elderly lessees or wait list beneficiaries, many of whom are older than seventy years of age, die without a qualified successor; and WHEREAS, in 2017 the State of Hawaii Legislature enacted Act 80, which amends the HHCA to lower the minimum required Hawaiian blood quantum from one quarter to one thirty-second; and WHEREAS, because the amendment to the HHCA made by Act 80 changes the qualification of leases, the Department of the Attorney General determined that Act 80 requires consent of the United States Congress and is not effective until the United States gives its consent; and WHEREAS, before a State-proposed amendment to the HHCA is transmitted for congressional consent, the Secretary of the United States Department of the Interior must review the amendment, make a determination as to whether the amendment requires congressional approval, and submit the amendment to the United States Congress for approval if consent is required; and WHEREAS, in 2018, in accordance with the procedure outlined above, the United States Department of the Interior sent a set of questions and data requests to the State in order to conduct a preliminary assessment of Act 80; and WHEREAS, the United States Department of the Interior noted that the States failure to conduct further reviews or supply data has impeded its timely analysis of Act 80; and WHEREAS, in 2022, based on the information provided by the State, the Solicitor of the United States Department of the Interior completed the preliminary assessment and issued a determination that the Department cannot endorse the amendments proposed by Act 80 due to the inequitable effects on beneficiaries and their successors; now, therefore, BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the Senate concurring, that the United States Department of the Interior is urged to work with the Office of the Governor, Department of Hawaiian Home Lands, United States congressional delegations from Hawaii, and Sovereign Council of Hawaiian Homestead Associations to make a determination in support of Act 80; and BE IT FURTHER RESOLVED that the United States Department of the Interior is urged to directly engage with the State of Hawaii and Sovereign Council of Hawaiian Homestead Associations to request additional information and data to move Act 80 forward; and BE IT FURTHER RESOLVED that the United States Congress is urged to give its consent to Act 80 to lower the minimum required Hawaiian blood quantum from one quarter to one thirty-second; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the United States Secretary of the Interior, members of the Hawaii congressional delegation, Governor, Chairperson of the Department of the Hawaiian Homes Commission, Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, and Chair of the Sovereign Council of Hawaiian Homestead Associations. OFFERED BY: _____________________________ Report Title: United States Department of the Interior; Act 80; Hawaiian Blood Quantum
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47	47	WHEREAS, the Hawaiian Homes Commission Act of 1920, as amended (HHCA), enables native Hawaiians to return to their lands in order to fully support self-sufficiency, self-determination, and the preservation of the values, traditions, and culture of native Hawaiians; and
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51	51	WHEREAS, the HHCA created a land trust to enable displaced native Hawaiian people to lease residential, agriculture, or pastoral homestead land from the trust for one dollar per year; and
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55	55	WHEREAS, in the years following the Territory of Hawaii joining the United States in 1959, the State promised to take responsibility for managing these lands and supporting native Hawaiian people through ensuring the perpetuation of the HHCA; and
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59	59	WHEREAS, native Hawaiians who meet the fifty per cent blood quantum are eligible for the Hawaiian Home Lands program; and
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63	63	WHEREAS, further, the reduction prevents generationally held homestead leases from being lost when elderly lessees or wait list beneficiaries, many of whom are older than seventy years of age, die without a qualified successor; and
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67	67	WHEREAS, in 2017 the State of Hawaii Legislature enacted Act 80, which amends the HHCA to lower the minimum required Hawaiian blood quantum from one quarter to one thirty-second; and
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71	71	WHEREAS, because the amendment to the HHCA made by Act 80 changes the qualification of leases, the Department of the Attorney General determined that Act 80 requires consent of the United States Congress and is not effective until the United States gives its consent; and
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75	75	WHEREAS, before a State-proposed amendment to the HHCA is transmitted for congressional consent, the Secretary of the United States Department of the Interior must review the amendment, make a determination as to whether the amendment requires congressional approval, and submit the amendment to the United States Congress for approval if consent is required; and
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79	79	WHEREAS, in 2018, in accordance with the procedure outlined above, the United States Department of the Interior sent a set of questions and data requests to the State in order to conduct a preliminary assessment of Act 80; and
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83	83	WHEREAS, the United States Department of the Interior noted that the States failure to conduct further reviews or supply data has impeded its timely analysis of Act 80; and
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87	87	WHEREAS, in 2022, based on the information provided by the State, the Solicitor of the United States Department of the Interior completed the preliminary assessment and issued a determination that the Department cannot endorse the amendments proposed by Act 80 due to the inequitable effects on beneficiaries and their successors; now, therefore,
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91	91	BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the Senate concurring, that the United States Department of the Interior is urged to work with the Office of the Governor, Department of Hawaiian Home Lands, United States congressional delegations from Hawaii, and Sovereign Council of Hawaiian Homestead Associations to make a determination in support of Act 80; and
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95	95	BE IT FURTHER RESOLVED that the United States Department of the Interior is urged to directly engage with the State of Hawaii and Sovereign Council of Hawaiian Homestead Associations to request additional information and data to move Act 80 forward; and
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99	99	BE IT FURTHER RESOLVED that the United States Congress is urged to give its consent to Act 80 to lower the minimum required Hawaiian blood quantum from one quarter to one thirty-second; and
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103	103	BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the United States Secretary of the Interior, members of the Hawaii congressional delegation, Governor, Chairperson of the Department of the Hawaiian Homes Commission, Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, and Chair of the Sovereign Council of Hawaiian Homestead Associations.
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111	111	OFFERED BY: _____________________________
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115	115	OFFERED BY:
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123	123	Report Title:
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125	125	United States Department of the Interior; Act 80; Hawaiian Blood Quantum