HOUSE OF REPRESENTATIVES H.B. NO. 1400 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE HAWAIIAN HOMES COMMISSION ACT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
HOUSE OF REPRESENTATIVES H.B. NO. 1400
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
HOUSE OF REPRESENTATIVES
H.B. NO.
1400
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE HAWAIIAN HOMES COMMISSION ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaiian Homes Commission Act, 1920, as amended, is amended by adding a new section to be appropriately designated and to read as follows: "§ Regulations. (a) The Department of the Interior of the United States may adopt regulations necessary for the purposes of this Act, including sections 202, 204, 207, 210, and 214, that provide guidance to the State of Hawaii in its day‑to‑day administration. (b) In adopting regulations, the Department of the Interior shall: (1) Be consistent with the principle that the federal government maintains oversight of the administration of the land trust by the State of Hawaii department of Hawaiian home lands; (2) Ensure that the regulations: (A) Protect the rights of citizens who are beneficiaries of this Act; and (B) Advance the self-determination of HHCA Beneficiary Associations and Homestead Associations as defined in title 43 Code of Federal Regulations section 47.10; and (5) Ensure that the regulations are consistent with the Act to Provide for the Admission of the State of Hawaii into the Union, also known as "the Hawaii Admission Act" or "the Admission Act"." SECTION 2. Section 202, Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (a) to read as follows: "(a) There shall be a department of Hawaiian home lands which shall be headed by an executive board to be known as the Hawaiian homes commission. The members of the commission shall be nominated and appointed in accordance with section 26‑34, Hawaii Revised Statutes. The commission shall be composed of nine members, as follows: three shall be residents of the city and county of Honolulu; two shall be residents of the county of Hawaii one of whom shall be a resident of east Hawaii and the other a resident of west Hawaii; two shall be residents of the county of Maui one of whom shall be a resident from the island of Molokai; one shall be a resident of the county of Kauai; and the ninth member shall be the chairman of the Hawaiian homes commission. All members shall have been residents of the State at least three years prior to their appointment [and at least four]. Not less than five of the members shall be beneficiaries who are native Hawaiian as defined in section 201(a) of this Act. Not more than four of the members shall be descendants of not less than one-fourth part of the blood of the races inhabiting the Hawaiian Islands previous to 1778. The members of the commission shall serve without pay, but shall receive actual expenses incurred by them in the discharge of their duties as such members. The governor shall appoint the chairman of the commission from among the members thereof. The commission may delegate to the chairman such duties, powers, and authority or so much thereof, as may be lawful or proper for the performance of the functions vested in the commission. The chairman of the commission shall serve in a full-time capacity. He shall, in such capacity, perform such duties, and exercise such powers and authority, or so much thereof, as may be delegated to him by the commission as herein provided above." SECTION 3. The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and the effectiveness of the remainder of these amendments or the application thereof shall not be affected. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
SECTION 1. The Hawaiian Homes Commission Act, 1920, as amended, is amended by adding a new section to be appropriately designated and to read as follows:
"§ Regulations. (a) The Department of the Interior of the United States may adopt regulations necessary for the purposes of this Act, including sections 202, 204, 207, 210, and 214, that provide guidance to the State of Hawaii in its day‑to‑day administration.
(b) In adopting regulations, the Department of the Interior shall:
(1) Be consistent with the principle that the federal government maintains oversight of the administration of the land trust by the State of Hawaii department of Hawaiian home lands;
(2) Ensure that the regulations:
(A) Protect the rights of citizens who are beneficiaries of this Act; and
(B) Advance the self-determination of HHCA Beneficiary Associations and Homestead Associations as defined in title 43 Code of Federal Regulations section 47.10; and
(5) Ensure that the regulations are consistent with the Act to Provide for the Admission of the State of Hawaii into the Union, also known as "the Hawaii Admission Act" or "the Admission Act"."
SECTION 2. Section 202, Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (a) to read as follows:
"(a) There shall be a department of Hawaiian home lands which shall be headed by an executive board to be known as the Hawaiian homes commission. The members of the commission shall be nominated and appointed in accordance with section 26‑34, Hawaii Revised Statutes. The commission shall be composed of nine members, as follows: three shall be residents of the city and county of Honolulu; two shall be residents of the county of Hawaii one of whom shall be a resident of east Hawaii and the other a resident of west Hawaii; two shall be residents of the county of Maui one of whom shall be a resident from the island of Molokai; one shall be a resident of the county of Kauai; and the ninth member shall be the chairman of the Hawaiian homes commission. All members shall have been residents of the State at least three years prior to their appointment [and at least four]. Not less than five of the members shall be beneficiaries who are native Hawaiian as defined in section 201(a) of this Act. Not more than four of the members shall be descendants of not less than one-fourth part of the blood of the races inhabiting the Hawaiian Islands previous to 1778. The members of the commission shall serve without pay, but shall receive actual expenses incurred by them in the discharge of their duties as such members. The governor shall appoint the chairman of the commission from among the members thereof.
The commission may delegate to the chairman such duties, powers, and authority or so much thereof, as may be lawful or proper for the performance of the functions vested in the commission. The chairman of the commission shall serve in a full-time capacity. He shall, in such capacity, perform such duties, and exercise such powers and authority, or so much thereof, as may be delegated to him by the commission as herein provided above."
SECTION 3. The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and the effectiveness of the remainder of these amendments or the application thereof shall not be affected.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: _____________________________
INTRODUCED BY:
_____________________________
Report Title: HHCA; Regulations; Native Hawaiians; Commission Members Description: Authorizes the Department of the Interior of the United States to adopt certain regulations for the purposes of the Hawaiian Homes Commission Act. Provides that not less than 5 of the members shall be beneficiaries who are native Hawaiian as defined in section 201(a) of the Act, and that not more than 4 of the members shall be descendants of not less than one-fourth part of the blood of the races inhabiting the Hawaiian Islands previous to 1778. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
HHCA; Regulations; Native Hawaiians; Commission Members
Description:
Authorizes the Department of the Interior of the United States to adopt certain regulations for the purposes of the Hawaiian Homes Commission Act. Provides that not less than 5 of the members shall be beneficiaries who are native Hawaiian as defined in section 201(a) of the Act, and that not more than 4 of the members shall be descendants of not less than one-fourth part of the blood of the races inhabiting the Hawaiian Islands previous to 1778.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.