Ka Wai Ola - Office of Hawaiian Affairs, Volume 7, Number 9, 1 September 1990 — Mai Wakinekona [ARTICLE+ILLUSTRATION]

Mai Wakinekona

By Paul AIexander Washington, D.C. Counsel for OHA

Funding Native Hawaiian programs

Congress usually recesses from early August until after Labor Day. This August recess is a good point at whieh to see how far Congress hasgotten in any particular legislative area. There has been a fair amount of activity affecting Native Hawaiian issues. Mueh of that activity has been attempting to assure that funds appropriations are made available for the various programs Congress hasauthorized for Native Hawaiians. The full tally on appropriations will not be known until the end of this year when all appropriations activities are completed, including any reductions or sequestrations required to reduce the federal deficit. New legislative activity includes the approval of revised S. 1980, the Native American Grave and Protection Act, introduced by Sen. Daniel Inouye by the Select Committee on Indian Affairs. P.L. 101-185 (signed into law on Nov. 28, 1989), the National Museum of the Amenean Indian Act, sponsored by Inouye, set the framework for S. 1980 by obligating the Smithsonian Museum to return Native American skeletal remains in its possession to Native Americans. The inihal return of Native Hawaiian remains to Hawai'i on July 19 this year occurred under the authority of P.L. 101-185 The revised S. 1980 provides a process for the return of human remains and sacred items in the possession of the federal government and museums to Native Americans, specifically including Native Hawaiians. The Senate will probably pass this bill when it returns from the recess this month.

Hearings were recently held on a very similar or eompanion bill in the House of Representatives, with Senator Daniel Akaka appearing as a witness in support of the legislation. Prospects for passage are good. Shortly before the recess the Senate passed its version of the Farm Bill, as did the House of Representatives. Both versions will be referred to a eonference committee made up of members of both the House and the Senate whose responsibility it will be to work out the differences between the two versions and recommend a single bill whieh is usually passed by Congress. In addition to other amendments relating to Hawai'i generally, four amendments were added by Akaka and Inouye to the Farm Bill in the Senate. The amendments are of particular relevance to Native Hawaiians. By allowing DHHL to guarantee loans, Native Hawaiian homestead farmers will be able to apply for operating loans under the Farmers Home Administration. Native Hawaiians were included in a USDA Extension Service technical assistance and training grant program to provide a supplemental source of fresh produce. Federal assistance to Native Hawaiian homestead farmers will be provided for the components and costs of irrigation systems. Native Hawaiians, as well as other Pacific Islanders, were included in the definition of "minority"

relating to the efforts that the federal government is to take to reverse the decline in minority-owned farmlands in the United States. Both the Senate and the House of Representatives are also working on different versions of the Housing and Community Development Act of 1990. Several amendments to benefit Native Hawaiians have been added to both bills. In the House of Representatives, at the behest of Rep. Pat Saiki, the Committee of Banking, Finance and Urban Affairs, included provisions to H.R. 1180 that provide for a waiver of the non-discrimination provisions in the Community Development Block Grant (CDBG) program. The provisions have prevented Native Hawaiian homestead leasees from participation in CDBG. H.R. 1180allows preferences for Native Hawaiians in housing on Hawaiian homestead lands assisted under HUD programs. Similar provisions have been added to the Senate housing bill by Sen. Akaka, and a conference eommittee will eventually need to work out the differenee. Because of the threat of a Presidential veto of the over-all housing bill, it is not yet clear whether a housing bill will become law this year. On August 3, Sen. Akaka, joined by Sen. Inouye introduced Senate Joint Resolution (S. J.R. 316) that would acknowledge the wrongdoing of the United States in overthrowing the government of the Kingdom of Hawai'i. It would provide an apology on behalf of the United States to Native Hawaiians and recognize and commit the United States to a fiduciary duty to the Native Hawaiian people. It is expected that the administration will oppose this resolution and that its legislative prog-

ress wnl be dithcult. Also pending in the Senate is S.J.R. 154, whieh would provide the consent of the United States to assorted amendments to the Hawaiian Homestead Commission Act of 1921. The recently passed Hawaiian legislation S.B. 3236 providing a purpose clause to the Hawaiian Homestead Commission Act of 1921 will similarly require congressional consent.