Annie Pau died at the Haleiwa Harbor under a parked boat. A woman resident near by called the Mayor's office and warnings were issued as well as citations to the houseless at Haleiwa Harbor. This triggered the downfall of Annie and her husband John Pau.
Soon like the houseless and those of us that are 50% plus bloodquantum, we too should be receiving 'eviction notices' at the hands to the 'general leases'. As the Director of DLNR Sus Ono said, "we are squatting on State lands."
The problem lies with pure ignorance of the Organic Act and it's 1920 Rehabilitation Act to the Daws Act during it's territorial era. Although there was 200,000 acres set aside for native Hawaiians on the 'bloodquantum' criteria, majority of the lands were mismanaged by general leasing out to the general public. August 21 1959 the problem worsened and the pockets of the general leases deepened with cash. This age old problem will be the very basis of Act 195 as a cover up for the misuse of the 200,000 acres. This was made clear by the Director of DHHL at the McKinely High School Cafe. He will be issuing eviction notices to the old Hawaiian Homesteaders for not complying to their changes. The general leases have a stronger number presence and besides they were 'earnable' function from the on set of their leases. Whereas we who are 50% plus bloodquantum created the nationhood and procreated ourselves into poverty.
I apologize for the delay in getting back to you, so much is going on even during the interim here at Representative Jordan’s office. I intend to catch up with Uncle Black, but haven’t had a chance to stop by his house yet. I’m sure you already know that SB 1520, SD2, HD3, CD1 was signed into law by Governor Abercrombie as Act 195. The bill establishes a 5-member Native Hawaiian roll commission within OHA for administrative purposes only. The Native Hawaiian roll commission has certain responsibilities as set out on page 7-8 of the bill attached. The bill requires the governor to appoint the members of the Native Hawaiian roll commission within 180 days of July 7, 2011. The Governor issued a press release setting the deadline of August 5, 2011 to submit an application for consideration to the Native Hawaiian roll commission. The commission is tasked with preparing, maintaining, certifying, and publishing a roll of qualified Native Hawaiians. The publication of the roll is intended to facilitate the process under which qualified Native Hawaiians may independently commence the organization of a convention of qualified Native Hawaiians for the purpose of organizing themselves. The Native Hawaiian roll commission will be dissolved once its work is completed.
The most difficult question for me to answer is your last question about how this works/not works in the native Hawaiian communities for 50% plus blood quantum (DHHL). Based on the definition of a qualified Native Hawaiian, it does include an individual who is/was eligible in 1921 for programs authorized by the Hawaiian Homes Commission Act or a direct lineal descendant of that individual. There is no requirement that the Native Hawaiian roll commission comprise a native Hawaiian of 50% plus blood quantum or even a Hawaiian of any blood quantum. The main focus was that the Native Hawaiian roll commission have a member from each County and one member will serve at-large. Since native Hawaiian communities for 50% plus blood quantum comprises a minority group among the Hawaiian population, it would seem that their voice could be a minority in this process, but that would depend on whether a concerted effort is made to enroll in the native Hawaiian communities with 50% plus blood quantum. Once the roll is completed, there is no guarantee that the voice of native Hawaiian communities of 50% plus blood quantum would be protected, but again it depends on the efforts made to encourage the participation of native Hawaiian communities with 50% plus blood quantum.
Sections 7-9 on page 11-12 of the bill should protect the existing rights and privileges of native Hawaiian communities with 50% plus blood quantum. On the other hand the section that concerns me the most with this bill is Section 3 on page 12. Our office expressed concern with this section being included in the bill because it states that “The Hawaiian Homes Commission Act, 1920, shall be amended, subject to approval by the United States Congress, if necessary, to accomplish the purposes set forth in this Act in a manner that is expeditious, timely, and consistent with the current needs and requirements of the Native Hawaiian people and the current beneficiaries of the Hawaiian Homes Commission Act, 1920.” In other words, if a decision were made to amend the Hawaiian Homes Commission Act to lower the blood quantum requirement, this proposal could then be forwarded and considered through the legislative process. The proponents of the bill and DHHL feel that the community will have a say because any amendments will need to go through a legislative process. While this statement is true, our office still believed that this provision was unnecessary and would have preferred that native Hawaiian beneficiaries were consulted prior to enactment of this law. The proponents of the bill feel that this issue has been under consideration for a long time and a first step was necessary in light of the failure of the Akaka bill up to this point. Again, the position of our office as reflected in the House Draft 3 version of the bill was to recognize native Hawaiians and then go out to the native Hawaiian community to discuss the next step.
I hope this provides some clarity on the bill.
Lehua Kinilau
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