Ka Wai Ola - Office of Hawaiian Affairs, Volume 11, Number 2, 1 February 1994 — News from Washington D.C. [ARTICLE+ILLUSTRATION]

News from Washington D.C.

Mai Wakinekona Mai

by Paul Alexander Washington, D.C. Counsel for OHA

Outlook for Hawaiian programs in Congressional funding

On Jan. 25. 1994, the second session of the 104th Congress began. As with eaeh session of Congress, budget matters are the first agenda item. The president recommends a budget to the Congress and budget committees evaluate the president's recommendation and set the budget limits (ceilings). Onee the eontours of the federal budget process are set, the individual appropriations committees begin the extensive process of deciding appropriation levels for specific programs. The appropriations process has been very important for native Hawaiian programs. As noted previously in this eolumn, frequently there have been no budget requests from the Executive Branch to fund native Hawaiian programs and thus it has been Congress that has traditionally supported these programs. In the first session of this 104th Congress, significant outlays were onee again provided. Without detailing all the funded programs, key appropriations were obtained to support the Native Hawaiian Health Act, including administrative funding for Papa Ola Lōkahi and the five native Hawaiian island heakh care systems. Other funding was

designated for a statewide heahh care system and heahh scholarship program for native Hawaiians. Funding provided to the Administration for Native Americans (U.S. Department of Health and Human Services) included money to continue the Native Hawaiian Revolving Loan Fund, administered by OHA. Appropriations were again provided to support programs authorized under the Native Hawaiian Education Amendments, including the addition of funding to plan and develop two Hawaiian cultural learning centers. Development of these centers was a primary recommendation of the Native Hawaiian Education Summit, held in April 1993 in Honolulu. The Native Hawaiian Culture and Arts Program (NHCAP) was also funded, as were various other smaller programs designed specifically for native Hawaiians that have developed over the past several decades. The key "legislative" nonappropriations item accomplished in the first session was the passage of the Congressional resolution, introduced by Sen. Daniel Akaka and supported by Hawai'i's delegation, relating to

an apology from the United States for its role in the overthrow of the Hawaiian government in 1893. This resolution, while not an affirmative law — it does not provide anything eoncrete, e.g. restoration, damages, or the right to sue — did indicate the "sense" of Congress on the 100th anniversary of the overthrow. In the second session, in addition to the critical appropriations matters, Congress is expected to address two substantive legislative matters. The first will be the reauthorization of the Native Hawaiian Education Amendments. This process began in the first session and is expected to be successful. The second item will be the creation of a housing program for the benefit of native Hawaiians. Several years ago Congress established the National Commission on American Indian, Alaskan Native and Native Hawaiian Housing. The commission subsequently issued two reports (August 1992 and September 1993) in whieh it recommended that eligibility for the U.S. housing programs available to other Native Americans be extended to native Hawaiians. Sen. Inouye's Committee on

Indian Affairs, working with native Hawaiian groups and organizations, has developed a draft bill for discussion and comment. After appropriate consultation the bill is expected to be introduced and be a maior legislative effort in 1994. In brief, the draft bill provides for inclusion of native Hawaiians, through the creation of a Native Hawaiian Housing Authority (similar to those used for federal-ly-assisted housing throughout the country) in the Assisted Housing Program of the 1937 federal Housing Act; the HOME Investment Partnership Program of the 1990 Cranston-Gonzales Act; and Community Block

Grant Program of the 1975 Community Development Act. A Native Hawaiian Housing Authority is defined as a public body established under the laws of the State of Hawai'i, authorized to engage or assist in the development or operation of lowineome housing for native Hawaiians on native Hawaiian lands. Native Hawaiian lands are defined as lands on whieh the authority is authorized to provide housing. Native Hawaiians are defined in the draft, in the same manner as in other modern statutes, by descendancy, without blood quantum restrictions.