01/25/2013
The following e-mail is sent to you on behalf of Director Ka‘i‘ini Kaloi, Office of Native Hawaiian Relations, U.S. Department of the Interior, because of your participation and sign-in at a consultation session in May 2012. If multiple members of your household or organization share your e-mail address, please share this e-mail with your other members as well. Mahalo nui!
Aloha,
I hope all is well with you and your organization. The reason I am writing today is first to thank you for previously meeting with me to discuss Act 114, 2011 Hawai‘i Session Laws. As you may recall, this state law proposes to amend the Hawaiian Homes Commission Act of 1920 (HHCA) by increasing the ceiling on the Department of Hawaiian Home Lands’ (DHHL) ability to borrow moneys and guarantee of loans made to lessees. My second reason for writing is to ask for your comments on the Act.
Currently, the DHHL can borrow moneys and guarantee loans to lessees totaling $50,000,000. Act 114 proposes to raise this amount to $100,000,000. The reason I am seeking input is that my office is required to determine whether any proposed amendment to the HHCA increases or decreases benefits to the beneficiaries or the lessees of Hawaiian Home Lands. If the Act decreases benefits to the beneficiaries or the lessees of Hawaiian Home Lands, then only Congress may approve the proposed amendment. Also, Congress must approve the Act if it reduces or impairs the Hawaiian home-loan fund, Hawaiian home-operating fund, Hawaiian home-development fund, increases encumbrances on Hawaiian home lands by officers other than those charged with administering the HHCA, or changes the qualification of lessees, among other things. If Congressional approval is required for one of these latter reasons, it is also helpful for the U.S. Department of the Interior to know your opinion on the Act in order to determine whether to recommend that Congress approve the proposed amendment in the Act.
In order for the U.S. Department of the Interior to make the final determination on whether Act 114 requires and should receive Congressional approval, particularly as to whether it decreases benefits to the beneficiaries or the lessees of Hawaiian Home Lands, it would be helpful to get your opinion on the Act. Thus, we would be grateful for your input on Act 114.
To assist those who choose to provide input on Act 114, I have attached the following documents:
• Act 114;
• A letter from the Department of the Attorney General for the State of Hawai‘i discussing the Act;
• A letter from the DHHL discussing the Act;
• Testimony presented to the Hawai‘i State Legislature by Alapaki Nahale-a while he was Chairman of the Hawaiian Homes Commission; and
• Sample questions regarding Act 114 that you may use to provide your opinion.
Please note that you are not required to answer the sample questions. If you have an opinion on Act 114 and it does not fit under one of the sample questions, please provide it anyway.
Thank you for your time and consideration of this request. Please e-mail your opinion on Act 114 to [email protected] and include in the subject line “Opinion on Act 114.” I hope to hear from you within the next two weeks.
