---
kind: "section"
citation: "43 C.F.R. § 48.20"
title: "43"
number: "48.20"
heading: "How does the Secretary determine if the State is seeking to amend Federal law?"
url: "https://uscodex.org/cfr/43/48.20"
---

# §48.20. How does the Secretary determine if the State is seeking to amend Federal law?

- (a) The Secretary will determine that Congressional approval is required if the proposed amendment, or any other legislative action that directly or indirectly has the effect of:
  - (1) Decreasing the benefits to the beneficiaries of the Trust;
  - (2) Reducing or impairing the Hawaiian Home Land Trust Funds;
  - (3) Allowing for additional encumbrances to be placed on Hawaiian home lands by officers other than those charged with the administration of the HHCA;
  - (4) Changing the qualifications of who may be a lessee;
  - (5) Allowing the use of proceeds and income from the Hawaiian home lands for purposes other than carrying out the provisions of the HHCA; or
  - (6) Amending a section other than sections [202](/cfr/43/202.md), [213](/cfr/43/213.md), [219](/cfr/43/219.md), [220](/cfr/43/220.md), [222](/cfr/43/222.md), [224](/cfr/43/224.md), or [225](/cfr/43/225.md), or other provisions relating to administration, or paragraph (2) of section 204, section [206](/cfr/43/206.md), or [212](/cfr/43/212.md) or other provisions relating to the powers and duties of officers other than those charged with the administration of the HHCA.
- (b) The Secretary may consult with the beneficiaries when making a determination.

## Notes

### Authority

Authority: State of Hawai'i Admission Act, 73 Stat. 4, approved March 18, 1959; Hawaiian Homes Commission Act, 1920, 42 Stat. 108 et seq., Hawaiian Home Lands Recovery Act, 1995, 109 Stat. 537; 5 U.S.C. 301; 25 U.S.C. 2 and 9; 43 U.S.C. 1457; 112 Departmental Manual 28.

### Source

Source: 81 FR 29788, May 13, 2016, unless otherwise noted.