Implementing Action 5.4: Support Federal Recognition
Although the Hawaiian Homes Commission Act was created by an Act of Congress in 1921 and incorporated as part of the Admission Act in 1959 as a public trust responsibility, the legal basis has been questioned recently. It is widely accepted that federal recognition is necessary to establish a government-to government political relationship with the United States, similar to American Indian and Alaska Natives. It is important that native Hawaiians and the general public be educated on native laws, rights, and processes.
Timeframe: FY 2009-2011
Scope: Review and analyze various provisions of H.R. 2314, testify before Congressional committees, educate the beneficiary group on federal recognition and its impacts. Forums available to beneficiaries at no cost.
Estimated Cost: $50,000 for forums on federal recognition statewide.
Implementing Action 5.5: Understanding Federal Native Policy
In order for native Hawaiians to better understand federal recognition and how to influence federal native policy, it is critical that native Hawaiians be exposed to the wide range of experiences between native groups and the United States government. This would include the dismal record of exploitation, as well as recent successes in economic and community development in native communities.
Timeframe: FY 2009-2011
Scope: Conduct two-day symposiums on Oahu, Maui, and Hawaii on federal policy and practices with native groups regarding citizenship, self-governance, native constitutions, and land claim settlements. Symposiums available to beneficiaries at no cost.
Estimated Cost: $100,000 for FY 2009-2010.
Replies
HAWAIIAN HOMES COMMISSION ACT, 1920 (Act of July 9, 1921, c 42, 42 Stat 108) ---------- Consent of Congress Consent of Congress, see H.J. Res. 32, 105th Cong. 1st Sess., Pub. L. No. 105-21, 111 Stat. 235 (June 27, 1997), for §§209 and 219.1; and S.J. Res. 23, 102nd Cong. 2nd Sess., Pub. L. No. 102-398, 106 Stat. 1953 (October 6, 1992), for §§202, 203, 204, 208, 209, 213, 214, 215, 220, 221, 222, and 227.
Note This Act is now part of the State Constitution and is subject to amendment or repeal as prescribed in Article XII of the Constitution. Bracketed section headings have been inserted and are not official. Consent of Congress, see Public Law 99-557 (October 27, 1986).
Title 1: Definitions Title 2: Hawaiian Homes Commission Section 201 Definitions 201.5 Federal reaffirmation 201.6 Community based governance on Hawaiian home lands 202 Department officers, staff, commission, members, compensation 203 Certain public lands designated "available lands." Parcel I Parcel II Kewalo-Uka, Honolulu, Oahu Kewalo-Uka, Honolulu, Oahu 204 Control by department of "available lands," return to board of land and natural resources, when; other lands, use of 204.5 Additional powers 205 Sale or lease, limitations on 206 Other officers not to control Hawaiian home lands; exception 207 Leases to Hawaiians, licenses
ARTICLE XII
HAWAIIAN AFFAIRS
HAWAIIAN HOMES COMMISSION ACT
Section 1. Anything in this constitution to the contrary notwithstanding, the Hawaiian Homes Commission Act, 1920, enacted by the Congress, as the same has been or may be amended prior to the admission of the State, is hereby adopted as a law of the State, subject to amendment or repeal by the legislature; provided that if and to the extent that the United States shall so require, such law shall be subject to amendment or repeal only with the consent of the United States and in no other manner; provided further that if the United States shall have been provided or shall provide that particular provisions or types of provisions of such Act may be amended in the manner required for ordinary state legislation, such provisions or types of provisions may be so amended. The proceeds and income from Hawaiian home lands shall be used only in accordance with the terms and spirit of such Act. The legislature shall make sufficient sums available for the following purposes: (1) development of home, agriculture, farm and ranch lots; (2) home, agriculture, aquaculture, farm and ranch loans; (3) rehabilitation projects to include, but not limited to, educational, economic, political, social and cultural processes by which the general welfare and conditions of native Hawaiians are thereby improved; (4) the administration and operating budget of the department of Hawaiian home lands; in furtherance of (1), (2), (3) and (4) herein, by appropriating the same in the manner provided by law.
Thirty percent of the state receipts derived from the leasing of cultivated sugarcane lands under any provision of law or from water licenses shall be transferred to the native Hawaiian rehabilitation fund, section 213 of the Hawaiian Homes Commission Act, 1920, for the purposes enumerated in that section. Thirty percent of the state receipts derived from the leasing of lands cultivated as sugarcane lands on the effective date of this section shall continue to be so transferred to the native Hawaiian rehabilitation fund whenever such lands are sold, developed, leased, utilized, transferred, set aside or otherwise disposed of for purposes other than the cultivation of sugarcane. There shall be no ceiling established for the aggregate amount transferred into the native Hawaiian rehabilitation fund. [Ren and am Const Con 1978 and election Nov 7, 1978]
ACCEPTANCE OF COMPACT
Section 2. The State and its people do hereby accept, as a compact with the United States, or as conditions or trust provisions imposed by the United States, relating to the management and disposition of the Hawaiian home lands, the requirement that section 1 hereof be included in this constitution, in whole or in part, it being intended that the Act or acts of the Congress pertaining thereto shall be definitive of the extent and nature of such compact, conditions or trust provisions, as the case may be. The State and its people do further agree and declare that the spirit of the Hawaiian Homes Commission Act looking to the continuance of the Hawaiian homes projects for the further rehabilitation of the Hawaiian race shall be faithfully carried out. [Ren and am Const Con 1978 and election Nov 7, 1978]
COMPACT ADOPTION; PROCEDURES AFTER ADOPTION
Section 3. As a compact with the United States relating to the management and disposition of the Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as amended, shall be adopted as a provision of the constitution of this State, as provided in section 7, subsection (b), of the Admission Act, subject to amendment or repeal only with the consent of the United States, and in no other manner; provided that (1) sections 202, 213, 219, 220, 222, 224 and 225 and other provisions relating to administration, and paragraph (2) of section 204, sections 206 and 2l2 and other provisions relating to the powers and duties of officers other than those charged with the administration of such Act, may be amended in the constitution, or in the manner required for state legislation, but the Hawaiian home-loan fund, the Hawaiian home-operating fund and the Hawaiian home-development fund shall not be reduced or impaired by any such amendment, whether made in the constitution or in the manner required for state legislation, and the encumbrances authorized to be placed on Hawaiian home lands by officers other than those charged with the administration of such Act, shall not be increased, except with the consent of the United States; (2) that any amendment to increase the benefits to lessees of Hawaiian home lands may be made in the constitution, or in the manner required for state legislation, but the qualifications of lessees shall not be changed except with the consent of the United States; and (3) that all proceeds and income from the "available lands," as defined by such Act, shall be used only in carrying out the provisions of such Act. [Add 73 Stat 4 and election June 27, 1959; ren and am Const Con 1978 and election Nov 7, 1978]
PUBLIC TRUST
Section 4. The lands granted to the State of Hawaii by Section 5(b) of the Admission Act and pursuant to Article XVI, Section 7, of the State Constitution, excluding therefrom lands defined as "available lands" by Section 203 of the Hawaiian Homes Commission Act, 1920, as amended, shall be held by the State as a public trust for native Hawaiians and the general public. [Add Const Con 1978 and election Nov 7, 1978]
OFFICE OF HAWAIIAN AFFAIRS; ESTABLISHMENT OF BOARD OF TRUSTEES
Section 5. There is hereby established an Office of Hawaiian Affairs. The Office of Hawaiian Affairs shall hold title to all the real and personal property now or hereafter set aside or conveyed to it which shall be held in trust for native Hawaiians and Hawaiians. There shall be a board of trustees for the Office of Hawaiian Affairs elected by qualified voters who are Hawaiians, as provided by law. The board members shall be Hawaiians. There shall be not less than nine members of the board of trustees; provided that each of the following Islands have one representative: Oahu, Kauai, Maui, Molokai and Hawaii. The board shall select a chairperson from its members. [Add Const Con 1978 and election Nov 7, 1978]
POWERS OF BOARD OF TRUSTEES
Section 6. The board of trustees of the Office of Hawaiian Affairs shall exercise power as provided by law: to manage and administer the proceeds from the sale or other disposition of the lands, natural resources, minerals and income derived from whatever sources for native Hawaiians and Hawaiians, including all income and proceeds from that pro rata portion of the trust referred to in section 4 of this article for native Hawaiians; to formulate policy relating to affairs of native Hawaiians and Hawaiians; and to exercise control over real and personal property set aside by state, federal or private sources and transferred to the board for native Hawaiians and Hawaiians. The board shall have the power to exercise control over the Office of Hawaiian Affairs through its executive officer, the administrator of the Office of Hawaiian Affairs, who shall be appointed by the board. [Add Const Con 1978 and election Nov 7, 1978]
TRADITIONAL AND CUSTOMARY RIGHTS
Section 7. The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights. [Add Const Con 1978 and election Nov 7, 1978]
Mahalo,
I just did the same research and was about to post.
There is an up coming Beneficiary meeting in Waimanalo..miss placed the flyer.
Uusually these commerce are done in clandistine, but I guess no longer.
Our available lands will be carted off to the market and if one takes note it's by the blessing of the governor.
According to Kamaki there is a SCHH meeting in August!!!
hi Tane,
Am in agreement with you......
I must say that Kaohi is a toxic strain/bad blood infecting innocent kanaka.
Her missionary/mercenary ties, her being part of the Thurston, Samuel Andrews family who PLOTTED against Queen Liliuokalani in 1892 at MAKUA Valley with U.S. Representative Benjamin Tracy, and her stepmother descendant of PARMELE JUDD, etc., her complete support of Abercrombie, et. als. certainly says a lot.............and then some......
Opposition remains with the hewa Provisional government, turned Republic, then Territory, and State with documented oppositions from our families and friends over time........
Kaohi and all those on Hawaiian Home lands are perpetuating the evils of a criminal PIRATE nation that is now documented as Premeditating the criminal assumption of a neutral, non-violent, friendly nation with Treaties, etc............and because the bloodlines exist can be considered trespassers on Kamehameha III's/Kauikeouli's properties.
All kanaka maoli sitting on the Crown Lands who pay mortgages and who maintain that they are under duress, stress, coercion, and usurpation should get in contact with the true owners, descendants of Kamehameha, heirs of Kamehameha III, et. als. and authorizations to help malama family properties may be gotten.............contact: hawaiianhistory@yahoo.com for more information.
The Kingdom of Hawaii is here, as well as the true descendants, land owners, including King Kalakaua's, Queen Liliuokalani's families.
Love it:
"The U.S.A. continues to make a mockery of justice, honor, integrity, democracy, and freedom. Fuck 'em!"
There's opportunities to make corrections and many who come from those who assisted the wrongdoers are now helping us...............guess Kaohi doesn't get it and am thinking that working with damaged DNA/ special ed folks is not compatible for all in the field.......of course there are exceptions but.....
aloha.
The education is a 'dumming down' process for the state to move in on the 'available lands'.