STATEMENT OF SENATOR DANIEL K. INOUYE
VICE CHAIRMAN
COMMITTEE ON INDIAN AFFAIRS
BEFORE THE
NATIONAL AMERICAN INDIAN HOUSING COUNCIL
FEBRUARY 24, 1998


AS WE MEET HERE THIS MORNING, I KNOW THAT MANY IF NOT MOST OF YOU ARE FACING A TIME OF GREAT CHALLENGE, FOLLOWING THE EXPIRATION OF THE INDIAN HOUSING LAW YOU HAVE OPERATED UNDER FOR SO MANY YEARS, AND YET, WITH NO NEW REGULATIONS IN PLACE TO ENABLE YOU TO CARRY OUT YOUR RESPONSIBILITIES UNDER THE NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT.

I KNOW TOO THAT BECAUSE THE NAHASDA REGULATIONS HAVE NOT BEEN FINALIZED, YOU ARE UNABLE TO RECEIVE THE FUNDS FOR THE CONSTRUCTION OF THE HOUSING THAT IS SO BADLY-NEEDED IN MANY OF YOUR COMMUNITIES.

SOME OF YOU HAVE HAD TO DRAW UPON YOUR SCARCE RESERVE FUNDS TO KEEP YOUR HOUSING PROGRAMS GOING, WHILE WE WAIT FOR THE OFFICE OF MANAGEMENT AND BUDGET TO COMPLETE ITS WORK.

MANY OF YOU HAVE WRITTEN TO ME, SEEKING THE HELP OF THE COMMITTEE ON THESE MATTERS, AND I WANT TO ASSURE YOU THAT CHAIRMAN CAMPBELL AND I HAVE NOT ONLY READ YOUR LETTERS, BUT WE HAVE COMMUNICATED DIRECTLY WITH THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, MR. FRANKLIN RAINES, URGING HIM TO ACT AND TO ACT IMMEDIATELY.

I AM ADVISED THAT WE WILL BE SEEING SOME ACTION IN THE VERY NEAR FUTURE, AND THAT HOUSING FUNDS WILL BE RELEASED SOON THEREAFTER.

I ALSO KNOW THAT SOME OF YOU HAVE VOICED CONCERNS ABOUT LEGISLATION THAT IS PENDING IN THE CONGRESS, AND I JUST WANT TO URGE YOU TO MAKE YOUR CONCERNS KNOWN TO CHAIRMAN CAMPBELL AND OTHER MEMBERS OF THE INDIAN AFFAIRS COMMITTEE, SO THAT WE MAY BETTER REPRESENT YOUR THOUGHTS AS THIS LEGISLATION MOVES THROUGH THE LEGISLATIVE PROCESS.

AS MANY OF YOU KNOW, THESE ARE CHALLENGING TIMES NOT ONLY IN THE REALM OF INDIAN HOUSING.

IN THE LAST SESSION OF THE CONGRESS, THERE WERE PROPOSALS THAT WOULD HAVE ALLOWED STATE AND LOCAL GOVERNMENTS TO TAX TRIBAL RETAIL AND COMMERCIAL ACTIVITIES ON INDIAN LANDS.

THERE WAS A PROPOSAL TO TAX TRIBAL INCOME AND TREAT IT AS UNRELATED BUSINESS INCOME -- INCOME WHICH IS TAXED AT A RATE OF THIRTY-FOUR PERCENT.

THERE WAS A PROPOSAL TO PREVENT TRIBES FROM HAVING LAND TAKEN INTO TRUST UNLESS TRIBAL GOVERNMENTS AGREED TO LET OTHER GOVERNMENTS -- STATE AND COUNTY GOVERNMENTS -- IMPOSE TAXES ON INDIAN LANDS.

AND LAST BUT CERTAINLY NOT LEAST, THERE WAS A PROPOSAL TO STRIP TRIBAL GOVERNMENTS OF ONE OF THE MOST FUNDAMENTAL ASPECTS OF THEIR SOVEREIGNTY -- THEIR RIGHT TO ASSERT IMMUNITY TO SUIT IN THE COURTS OF OTHER JURISDICTIONS -- STATE AND FEDERAL COURTS.

WORKING WITH TRIBAL LEADERS, WE WERE ABLE TO TURN BACK THESE PROPOSALS LAST YEAR, BUT REALISTICALLY, WE KNOW THAT THESE PROPOSALS DID NOT DIE ON THE BATTLEFIELD.

WE CAN BE CERTAIN THAT THEY WILL BE PRESENTED AGAIN, BECAUSE THEIR PROPONENTS HAVE TOLD US OF THEIR INTENTION TO DO SO.

SO WE MUST PREPARE OURSELVES ONCE AGAIN TO FIGHT AND HOPEFULLY DEFEAT THESE MEASURES.

FOR AS YOU HAVE HEARD ME SAY MANY TIMES BEFORE, IF YOU LOSE YOUR SOVEREIGNTY, YOU LOSE EVERYTHING.

IF YOU WILL ALLOW ME TO, I STAND READY TO WORK WITH YOU TO FIGHT THESE INITIATIVES.

THERE IS ANOTHER MATTER THAT I SPOKE WITH YOU ABOUT LAST YEAR THAT I FEEL COMPELLED TO ADDRESS AGAIN, BECAUSE I AM TOLD THAT THERE IS SOME MISUNDERSTANDING ABOUT A BILL I HAVE SPONSORED.

BUT FIRST, LET ME SAY, FOR THOSE OF YOU WHO DO NOT KNOW -- WHEN I BECAME THE CHAIRMAN OF THE COMMITTEE ON INDIAN AFFAIRS IN JANUARY OF 1987, THERE WERE MANY IN INDIAN COUNTRY WHO WERE SUSPICIOUS OF ME.

SOME OF YOU WONDERED WHY A SENATOR FROM HAWAII WHO HAS NO RESERVATIONS IN HIS STATE WOULD WANT TO SERVE AS THE CHAIRMAN OF THE INDIAN AFFAIRS COMMITTEE.

SOME IN INDIAN COUNTRY THOUGHT I MIGHT FIRE ALL OF THE INDIAN STAFF ON THE COMMITTEE AND REPLACE THEM WITH PEOPLE FROM HAWAII.

AND THERE WERE RUMORS IN INDIAN COUNTRY THAT FEDERAL FUNDING FOR INDIAN PROGRAMS MIGHT BE RE-ALLOCATED TO SERVE NATIVE HAWAIIANS.

OF COURSE, NONE OF THESE DIRE FORECASTS PROVED TO BE TRUE, AND I HOPE THAT OVER THE YEARS, MANY OF YOU HAVE COME TO KNOW ME, AND THAT YOU KNOW ME TO BE ONE OF YOUR STAUNCHEST ADVOCATES -- NOT YOUR ENEMY.

IN FACT, THE CITIZENS OF HAWAII OFTEN ASK ME WHY I SPEND SO MUCH TIME IN INDIAN COUNTRY, BECAUSE OVER THE LAST ELEVEN YEARS, I HAVE SPENT MORE TIME IN INDIAN COUNTRY THAN I HAVE IN MY OWN HOME STATE.

FOR THOSE OF YOU WHO MAY NOT REMEMBER BACK TO 1987, WHEN I BECAME CHAIRMAN OF THE COMMITTEE, I WROTE A LETTER TO EACH TRIBAL LEADER, AND IN THAT LETTER, I PLEDGED THAT I WOULD NEVER TRY TO TAP INTO FEDERAL FUNDING FOR INDIAN PROGRAMS AND DIVERT IT FOR THE BENEFIT OF THE NATIVE PEOPLE OF MY STATE.

OVER THE COURSE OF THE LAST ELEVEN YEARS, I HAVE REMAINED TRUE TO THAT PLEDGE.

ALTHOUGH I HAVE INTRODUCED LEGISLATION TO PROVIDE AUTHORITY FOR NATIVE HAWAIIAN PROGRAMS THAT IS SIMILAR TO SOME OF THE BEST PROGRAMS SERVING INDIAN COUNTRY -- I HAVE NEVER SOUGHT TO INCLUDE NATIVE HAWAIIANS IN INDIAN PROGRAMS WITHOUT ASSURING THAT THERE IS A SEPARATE SOURCE OF FUNDING FOR NATIVE HAWAIIAN PROGRAMS.

I HAVE ALSO MADE CERTAIN THAT THERE WOULD BE NO REDUCTION IN INDIAN PROGRAM FUNDING AS A RESULT OF NATIVE HAWAIIAN PROGRAMS.

I DID THIS, NOT ONLY IN MY CAPACITY AS CHAIRMAN AND NOW VICE CHAIRMAN OF THE COMMITTEE ON INDIAN AFFAIRS, BUT ALSO IN MY CAPACITY AS A SENIOR MEMBER OF THE APPROPRIATIONS COMMITTEE.

AND SO, WHEN I BEGAN TO HEAR THAT SOME OF YOU HAD CONCERNS ABOUT A BILL I INTRODUCED TO PROVIDE HOUSING PROGRAMS FOR NATIVE HAWAIIANS, I CAME DIRECTLY TO THE MEMBERS OF THE NATIONAL AMERICAN INDIAN HOUSING COUNCIL TO TALK TO YOU ABOUT MY BILL.

I MADE IT CLEAR THAT MY INTENT WAS SIMPLY TO SET-UP THE SAME KINDS OF HOUSING PROGRAMS THAT HAVE BEEN EFFECTIVE IN ADDRESSING THE HOUSING NEEDS IN INDIAN COUNTRY.

I ALSO MADE IT CLEAR THAT IF THIS BILL WERE TO BE ADOPTED BY THE CONGRESS, FUNDING FOR NATIVE HAWAIIAN HOUSING WOULD NOT BE TAKEN FROM INDIAN PROGRAMS.

THOSE PLEDGES THAT I MADE TO YOU THEN REMAIN SOLID.

IN THIS SESSION OF THE CONGRESS, I INTRODUCED A BILL THAT IS VERY SIMILAR TO THE BILL I INTRODUCED THREE YEARS AGO.

THAT BILL WOULD ENABLE NAHASDA-TYPE PROGRAMS TO BE ESTABLISHED IN HAWAII FOR NATIVE HAWAIIANS.

WHY DID I MAKE THESE PROPOSALS?

BECAUSE THREE STUDIES HAVE BEEN CONDUCTED IN THE LAST FEW YEARS WHICH HAVE DOCUMENTED THAT NATIVE HAWAIIANS HAVE NOT ONLY THE WORST HOUSING CONDITIONS IN THE STATE OF HAWAII, BUT HOUSING CONDITIONS THAT ARE THE WORST IN THE NATION.

FOR THOSE OF YOU WHO MAY NOT HAVE REASON TO KNOW ABOUT NATIVE HAWAIIANS, I WOULD SHARE WITH YOU THESE FEW BUT VERY IMPORTANT FACTS.

LONG BEFORE THE SETTLEMENT OF THE UNITED STATES, THE NATIVE HAWAIIAN PEOPLE, WERE, LIKE YOU, SOVEREIGN.

THEIR GOVERNMENT ENTERED INTO TREATIES WITH FOREIGN NATIONS, SUCH AS GREAT BRITAIN AND FRANCE.

THEY WERE RECOGNIZED, INTERNATIONALLY, AS SOVEREIGN.

THEN IN 1893, THE HAWAIIAN GOVERNMENT WAS OVERTHROWN WITH THE AID OF AMERICAN FORCES, AND A PROVISIONAL GOVERNMENT WAS FORMED.

THIS PROVISIONAL GOVERNMENT WAS MADE UP MOSTLY OF AMERICAN BUSINESSMEN WHO WANTED TO SEE HAWAII ANNEXED TO THE UNITED STATES.

A FEW YEARS LATER, HAWAII WAS ANNEXED TO THE UNITED STATES, AND LATER, BECAME A TERRITORY OF THE U.S.

OVER TIME, THERE WERE WAVES AND WAVES OF NEWCOMERS WHO MIGRATED TO HAWAII FROM ALL OVER THE WORLD, AND NATIVE HAWAIIANS SOON BECAME A MINORITY IN THEIR OWN HOMELAND.

LIKE THEIR INDIAN BROTHERS AND SISTERS, THE NATIVE HAWAIIAN PEOPLE WERE DECIMATED BY THE DISEASES THAT THESE NEWCOMERS BROUGHT TO THE ISLANDS.

AND LIKE THEIR TRIBAL COUNTERPARTS, THEIR LANDS WERE TAKEN FROM THEM -- IN THIS CASE, BY POWERFUL BUSINESS INTERESTS WHO WANTED TO CULTIVATE PINEAPPLES AND SUGAR ON THEIR LANDS.

FINALLY, IN 1920, THE UNITED STATES CONGRESS ENACTED A LAW, SETTING ASIDE TWO HUNDRED THOUSAND ACRES OF LAND FOR NATIVE HAWAIIANS -- WHO WERE DESCRIBED AS A "DYING RACE".

IT WAS THOUGHT THAT IF NATIVE HAWAIIANS WERE RESTORED TO SOME OF THEIR LANDS, THERE WOULD BE A MEANS FOR THE NATIVE PEOPLE OF HAWAII TO MAINTAIN THEIR CULTURE, THEIR TRADITIONS, AND THEIR SUBSISTENCE USE OF THE LAND AND THE OCEAN.

THESE LANDS ARE CALLED THE NATIVE HAWAIIAN HOME LANDS, AND THEY ARE NOW ADMINISTERED BY AN AGENCY OF THE STATE OF HAWAII -- THE DEPARTMENT OF HAWAIIAN HOME LANDS -- WHICH HAS RESPONSIBILITIES THAT ARE SIMILAR IF NOT IDENTICAL IN MOST RESPECTS TO THE INDIAN HOUSING AUTHORITIES THAT ARE CHARTERED UNDER THE LAWS OF THE VARIOUS STATES -- LIKE OKLAHOMA.

THE PRINCIPAL DIFFERENCE IS THAT NATIVE HAWAIIANS RESIDING ON THE HOME LANDS HAVE NEVER BEEN ELIGIBLE FOR FEDERAL HOUSING PROGRAMS , BECAUSE THE GOVERNMENT HAS TAKEN THE POSITION THAT IT WOULD BE DISCRIMINATION ON THE BASIS OF RACE.

SO WHILE ALL OTHER AMERICANS WHO QUALIFY IN TERMS OF INCOME AND HOUSING NEED CAN APPLY FOR FEDERAL HOUSING ASSISTANCE, AND WHILE ALL OTHER NATIVE AMERICANS ARE ELIGIBLE FOR SPECIAL INDIAN HOUSING PROGRAMS, NATIVE HAWAIIANS SUFFER THE EFFECTS OF REVERSE DISCRIMINATION -- THEY HAVE BEEN COMPLETELY FORECLOSED FROM RECEIVING ANY FEDERAL HELP TO ADDRESS THE HOUSING NEEDS THAT THE STUDIES TELL US ARE THE WORST IN THE NATION.

CONSISTENT WITH MY PLEDGE, MY BILL DOES NOT TAP INTO INDIAN HOUSING FUNDING.

RATHER, IT SETS UP THE KIND OF PROGRAMS THAT NAHASDA AUTHORIZES FOR NATIVE HAWAIIANS.

IF THE BILL IS ENACTED, THERE WOULD BE NO REDUCTION IN THE FUNDING FOR INDIAN HOUSING PROGRAMS.

AND LET ME REPEAT THAT SO THAT EVERY ONE IS CLEAR ABOUT THIS -- THERE WOULD BE NO REDUCTION IN THE FEDERAL FUNDING FOR INDIAN HOUSING PROGRAMS.

IF THE BILL IS ENACTED INTO LAW, I WILL SEEK A SEPARATE SOURCE OF FUNDING FOR NATIVE HAWAIIAN HOUSING.

SADLY, I DON'T KNOW WHETHER THIS BILL WILL BE ENACTED INTO LAW -- BECAUSE MOST OF MY COLLEAGUES IN THE CONGRESS DON'T UNDERSTAND THAT EVEN IN A PLACE MOST PEOPLE THINK OF AS PARADISE, THERE ARE THOSE -- THE NATIVE PEOPLE OF HAWAII -- WHO ARE HOMELESS, OR WHO LIVE IN SHACKS WITH NO RUNNING WATER, NO PLUMBING, AND WITH THREE OR FOUR FAMILIES UNDER ONE ROOF.

IF THERE IS OPPOSITION IN INDIAN COUNTRY TO THIS MEASURE, THAT WILL BE USED AS ANOTHER REASON TO DEFEAT A NATIVE HAWAIIAN HOUSING BILL.

I AM IN THE PROCESS OF REDRAFTING MY BILL -- TO MAKE IT EVEN MORE CLEAR, I HOPE, THAT IT WOULD HAVE NO EFFECT WHATSOEVER ON INDIAN HOUSING.

AND SO, I WOULD ASK ONLY, THAT WHEN I HAVE COMPLETED MY REDRAFTING -- THAT YOU STUDY THIS BILL, AND IF YOU FIND IT TO BE EVERYTHING THAT I HAVE SAID IT TO BE -- THAT YOU WILL LEND IT YOUR SUPPORT.

FOR IT IS MY HOPE, THAT WITHIN MY LIFETIME, THE NATIVE PEOPLE OF HAWAII WILL BE ABLE TO ONE DAY HOLD OUT THE HOPE THAT THEY CAN HAVE DECENT AND AFFORDABLE HOUSING LIKE OTHER AMERICANS.