Ka Wai Ola - Office of Hawaiian Affairs, Volume 6, Number 1, 1 January 1989 — Mai Wakinekona [ARTICLE+ILLUSTRATION]

Mai Wakinekona

By Larry Kamakawiwo'ole Federal Liaison Officer

Federal Laws Affecting Native Hawaiians

In my last Mai Wakinekona article (December 1988 Ka Wai Ola O OHA), I presented you with ineomplete information regarding S. 136, the Native Hawaiian Health Care Act of 1988. In that issue, I stated that S. 136 had been incorporated into H.R. 5210,

the Omnibus Anti-Substance Abuse Act of 1988 (see P.L. 100-690). That information remains true. However, I failed to state that S. 136 also became P.L. 100-579. President Reagan approved it October 31, 1988. In this and the next several issues, I will list the public laws affecting Native Hawaiians in the 100th Congress. They are certainly not exhaustive of all public laws impacting on Native Hawaiians, since what follow are only public laws containing specific Native Hawaiian provisions. There are other public laws without Native Hawaiian provisions whieh still affect Hawai'i's indigenous people, such as H.R. 1720, the Family Welfare Reform Act of 1987, whieh became P.L. 100-485. Law No: 100-175 Bili No: H.R. 1451 Approved: Nov. 29, 1987 Title: 01der Americans Act Amendments of 1987. Native Hawaiian Provisions: Sec. 107. 01der Native Americans. An Office for American Indian, Alaskan Native, and Native Hawaiian Programs is established in the Administration on Aging and headed by an Associate Commissioner appointed by the Commissioner on Aging. The Associate Commissioner's duties shall include: (1) evaluation of outreach services for older Native Americans and particular problems faced by older Indians and Native Hawaiians; (2) serving as the effective and visible advocate in behalf of older Native Americans within the Department of Health and Human Services and with other departments and agencies of the Federal Government regarding all Federal policies affecting older Native Americans; and (3) administration and evaluation of the grants provided under this Act to Indian tribes, public agencies and nonprofit private organizations serving Native Hawaiians. Sec. 121. Purpose. Sec. 301(a) of the 01der Americans Act of 1965 (42 U.S.C. 3021(a) is amended by inserting, "with Indian tribes, tribal organizations, and Native Hawaiian organizations," after "agencies" the second plaee it appears. Sec. 171. Native American Programs. Part B — Native Hawaiian Program. The Commissioner on Aging may make grants to public and nonprofit private organizations to pay all of the costs for the delivery of supportive services and nutrition services to older Native Hawaiians. Authorization of Appropriations (in millons of dollars): Fiscal year 1988, $1.3; FY1989 $1.365; FY1990 $1.433; FY1991 $1.505. Total: $5.603 million. Sec. 502. Review of Applications for Assistance. Native American Programs Act Amendments of 1987. The Secretary of Health and Human Services ("Secretary") shall establish a formal panel review process to evaluate applications for financial assistance and to determine the relative merits of the projects for whieh that assistance is requested. In making appointments to the panels, the Secretary shall give preference to American Indians, Native Hawaiians, and Alaskan Natives.

Sec. 506. Revolving Loan Fund for Native Hawaiians. The Secretary shall award grants to one agency of the State of Hawai'i, or to one eom-munity-based Native Hawaiian organization whose purpose is the eeonomie and social selfsufficiency of Native Hawaiians, whieh shall use the grants to establish and carry out, in the State of Hawai'i, a 5-year demonstration project involving the establishment of a revolving loan fund, from whieh that agency or Native Hawaiian organization shall make loans to Native Hawaiian organizations and to individual Native Hawaiians for the purpose of promoting eeonomie development in the State of Hawai'i. Loans made shall be for a term that does not exceed 5 years, and at a rate of interest that is 2 percentage points below the average market yield on the most recent public offering of U.S. Treasury bills occurring before the date on whieh the loan is made. Authorization of Appropriations (in millions of dollars); FY1988 $1, FY1989 $1, FY1990 $1. Appropriated in FY1988: $957,000. Total: $3 million. Law No: 100-202 Bill No: H.J. Res. 395 Approved: Dec. 22, 1987 Title: Making further continuing appropriations for the fiscal year 1988, and for other purposes. Native Hawaiian Provisions: U.S. Department of Labor: Training and Employment Services. These programs are designed to improve the eeonomie well-being of disadvantaged Native Americans (Indians, Eskimos, Aleuts, and Native Hawaiians) through vocational training, work experience, etc. aimed at getting participants into permanent, unsubsidized jobs. Authorization of Appropriation (in millions of dollars): Fiscal year 1988: $59,713. Native Hawaiian Provision: U.S. Department of Heahh and Human Services: Human Development Services. Establishment of a revolving loan fund to provide

loans to small businesses operated by Native Hawaiians, as a means of encouraging eeonomie development among Native Hawaiians. Authorization of Appropriation: Fiscal year 1988, $1 million. Appropriations for the Native American Programs to promote social and eeonomie selfsufficiency for American Indians, Alaska Natives, and Native Hawaiians. U.S. Department of Education: National Institute of Disability and Rehabilitation Research. Research and training activities to assess hearing loss experienced by Native Hawaiian children. Authorization of Appropriation: Fiscal year 1988, $500,000. Hansen's Disease Program, including funds for the Kalaupapa Settlement on Moloka'i. Authorization of Appropriations: Fiscal year 1988, $3.3 million. Appropriated in FY1988: $3.159 million. U.S. Department of Education: Vocational and Adult Education. Perkins Act — Native Hawaiian Program. Law No: 100-242 Bill No: S. 825 Approved: Feb. 5, 1988 Title: Housing and Community Development Act of 1987. Native Hawaiian Provision: Sec. 413. Mortgage Insurance on Hawaiian Homes Lands and Indian Reservations. Sec. 247(c)(l) of the Nahonal Housing Act is amended to include successors in interest to a Hawaiian home lands lease (residential) as receiving a lower percentage as may be established for succession under sec. 209 of the Hawaiian Homes Commission Act, 1920, or under the corresponding provision of the Constitution of the State of Hawai'i. Mortgage Insurance on Hawaiian Home Lands as Obligations of General Insurance Fund. The insurance of a mortgage shall be the obligation of the General Insurance Fund. To be continued.