Governing Documents
- Hawaiian Homes Commission Act
- Hawaiʻi Title 10 – Administrative Rules
- Act 14
- Hawaiian Home Lands Recovery Act
- HHC Affordable Housing Credits Policy
- Act 279
Hawaiian Homes Commission Act
The legal basis for the establishment of the Department of Hawaiian Home Lands (DHHL) is the Hawaiian Homes Commission Act, 1920, as amended (HHCA). Passed by Congress and signed into law by President Warren Harding on July 9, 1921 (chapter 42, 42 Stat. 108), the HHCA provides for the rehabilitation of the native Hawaiian people through a government-sponsored homesteading program. Native Hawaiians are defined as individuals having at least 50 percent Hawaiian blood.
Pursuant to provisions of the HHCA, the Department provides direct benefits to native Hawaiians in the form of 99-year homestead leases at an annual rental of $1. In 1990, the Legislature authorized the Department to extend leases for an aggregate term not to exceed 199 years (Act 305, Session Laws of Hawaii 1990; section 208, HHCA). Homestead leases are for residential, agricultural, or pastoral purposes. Aquacultural leases are also authorized, but none have been awarded to date. The intent of the homesteading program is to provide for economic self-sufficiency of native Hawaiians through the provision of land.
Other benefits provided by the HHCA include financial assistance through direct loans or loan guarantees for home construction, replacement, or repair, and for the development of farms and ranches; technical assistance to farmers and ranchers; and the operation of water systems.
Administrative Rules
Hawaiʻi Administrative Rules Title 10 – DHHL – Eff. Oct. 26, 1998
- AMENDMENT – Eff. Mar 31, 2017 – Ohana Testing, Subsistence Ag, Lease Transfers and “Housekeeping” Amendments
- AMENDMENT & COMPILATION – Eff. Aug. 25, 2018 – Chapter 10-4, Management of Hawaiian Home Lands
- AMENDMENT – Eff. Nov. 29, 2014 – General Lease Extension
- AMENDMENT – Eff. Aug. 17, 2019 – Chapter 10-7, Planned Communities, Multi-Family Complexes, and Rental Housing
- AMENDMENT & COMPILATION – Eff. Dec 23, 2021 – Chapter 10-3 Native Hawaiian Rehabilitation Program
- AMENDMENT – Eff. Apr. 27, 2004 – Lanai Supplement
- AMENDMENT – Eff. Jun. 25, 2021 – Chapter 10-4.1 Management of Water Systems
Beneficiary Consultation/Public Hearings
Act 14
The legislature finds that when the United States Congress passed the Hawaiian Homes Commission Act of 1920 (HHCA) and set aside 203,500 acres, more or less, of public lands as Hawaiian home lands for the rehabilitation of native Hawaiians, the United States reaffirmed the trust responsibility it had assumed toward the Hawaiian people.
The legislature also finds that under the Admission Act, the State of Hawaii assumed the trust responsibility to carry out the mandates of the HHCA. The legislature further finds that thousands of acres of Hawaiian home lands were allegedly used, disposed of, or withdrawn from the trust by territorial or state executive actions in contravention of the HHCA. In recognition of these allegations and toward their resolution, the legislature enacted Act 395, Session Laws of Hawaii 1988, which, among other actions, provided a limited waiver of sovereign immunity for breaches of the Hawaiian home lands trust from July 1, 1988 forward. Act 395 also required the governor to present a proposal to the legislature prior to the convening of the 1991 Regular Session to resolve controversies which arose between August 21, 1959 and July 1, 1988. The governor’s Action Plan to Address Controversies under the Hawaiian Home Lands Trust and the Public Land Trust (governor’s Action Plan) was accepted by the legislature pursuant to its adoption of
S.C.R. No. 185, H.D. 1, in 1991.
Hawaiian Home Lands Recovery Act
Affordable Housing Credits Policy
Act 279
Act 279, SLH 2022, appropriates $600 million in general funds to provide a multi-pronged approach to reduce the Department of Hawaiian Home Lands Waiting List. The $600 million will address the needs of beneficiaries on the DHHL waitlist and those still waiting to get on the land.
Documents:
- Act 279
- Preliminary Strategic Approach to Implement Act 279 (August 2022)
- The Strategic Approach is the working document that will ultimately apprise the final Strategic Plan to the Hawaiʻi State Legislature. The final plan is due on December 10, 2022, as required by Act 279.
- DHHL Strategic Plan to Implement Act 279 of 2022 (December 2022)
- Annual Report of Expenditures 2024
- 8-15-24 Finance Committee Presentation
Timeline:
- May 16, 2022 – Hawaiian Homes Commission Chairman William J. Aila established the Act 279 Permitted Interaction Group (HHC May 2022, C-2)
- June 20, 2022 – Status Report – “Waitlist Reduction Act” Committee Permitted Action Group (HHC July 2022, C-2)
- July 11, 2022 – Governor David Ige signed Act 279, SLH 2022 into law (formerly HB 2511 HB2 SD2 CDl)
- July 18, 2022 – Status Report – “Waitlist Reduction Act” Committee Permitted Action Group (HHC July 2022, C-3)
- August 15, 2022 – “Waitlist Reduction Act” Committee Permitted Action Group Recommendations Presented – HHC Approval Deferred (HHC August 2022, C-4)
- August 25, 2022 – Hawaiian Homes Commission Unanimously Approves Act 279 Report and Budget
Additional Information: