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The federal government for the first time has developed an administrative rule to provide more clarity in implementing the Hawaiian Homes Commission Act, the federal law that established a land trust to benefit Native Hawaiians.
The rule that the Department of Interior is publishing today in the Federal Register clarifies how the agency reviews land exchanges involving trust land. It also details the process the department uses for reviewing state proposals to amend the 1921 law that set aside roughly 200,000 acres in Hawaii for homesteading purposes.
The trust is administered by the state Department of Hawaiian Home Lands and is overseen by the Interior Department.
Although the act was adopted nearly a century ago, the federal government never established administrative rules for implementing the statute, leaving room for differing interpretations of the more ambiguous sections. Statutory requirements and administrative policy over the years have helped shape oversight.
Some beneficiaries say they believe the absence of federal rules has contributed to lax oversight of the trust, which historically has been plagued by mismanagement and a slow pace of developing homesteads.
Kristen Sarri, an Interior official, said in a statement that the trust is vital to the welfare and strength of the Native Hawaiian community, especially those living on homesteads or waiting for a lease.
“Our goal is to help ensure the management of the Hawaiian Home Lands Trust occurs in a fair, transparent and sustainable manner,” Sarri said. “We believe this rule helps obtain that goal.”
Among other things, the rule would ensure appraisals of properties involved in a land exchange meet federal standards. It takes effect 60 days after publication in the Federal Register.