Template:Nhsc-v1-18 - Revision history

Don Newman at 04:41, 17 February 2006

2006-02-17T04:41:22Z

Don Newman at 04:38, 17 February 2006

2006-02-17T04:38:44Z

Don Newman at 04:37, 17 February 2006

2006-02-17T04:37:57Z

Don Newman at 04:36, 17 February 2006

2006-02-17T04:36:54Z

New page

Further, if aboriginal title
existed, the question of whether the
United States could be responsible to
compensate for its loss is determined
by when that title was extinguished.
The assumption of sovereignty over the
area by the United States must have
acted to cause the extinguishment of
aboriginal title in order for compensation
to be considered. The chapter
reviews the history of Hawaiian land
law, and finds that acts of the Hawaii
legislature before 1893 had the effect
of extinguishing aboriginal title, if
it had indeed existed. Because the
United states did not extinguish any
such title, it is not responsible to
compensate for its loss. Further, any
such loss cannot be compensated under
either the Fifth Amendment or under
the Indian Claims Commission Act, as
presently written.

The question of whether native
Hawaiians are entitled to compensation
for loss of any "recognized" title to
Crown and Government lands is also
examined in this chapter. It reviews
the definition of the possible laws by
which the United States may be
regarded as having "recognized" that
native Hawaiians have title to Crown
and Government lands. The analysis
determines that the United States did
not recognize title of native Hawaiians
to these lands. Further, even if
there were recognized title, no compensation
for loss of that title would
be available under present law.

The next section of the chapter
considers whether native Hawaiians are
entitled to compensation for loss of
sovereignty. The section defines
sovereignty, primarily as that concept
has been developed in the context of
Indian tribes. Since the United
States Congress can take away sovereignty
of native groups at will, loss
of sovereignty is not compensable
under the Fifth Amendment. Moreover,
it cannot be compensated under the
Indian Claims Commission Act.
Therefore, native Hawaiians have no
present legal entitlement to compensation
from the United States for any
loss of sovereignty.

The next section of this chapter
considers whether there is any trust
relationship arising from statutes or
other laws, between the natives of
Hawaii and the United States. It
examines each possible source of such
a trust relationship and determines
that if there is any such relationship,
it is at most a very limited
special trust that would not entitle
native Hawaiians to any compensation.
Finally, the chapter compares any
possible native Hawaiian claims to
claims of native Alaskans, for which
the latter were compensated in the
Alaska Native Claims Settlement Act.

"Review of Hawaiian Homes Commission
Programs"

The review of the Hawaiian Home
Lands program was conducted by the
Office of Inspector General of the
U.S. Department of the Interior, in
response to a request in February
1982. The Inspector General submitted
a report in September 1982, and it is
that report, along with the reply by
the Governor of the State of Hawaii,
that appears as this chapter of Part
II. The report discusses problems
concerning the status of the Hawaiian
Home Lands, program accomplishment,
financial management, applicant
eligibility lists, and leasing
activities.

"Federal Responses to the Unique Needs
of Native Hawaiians"

The steps that the Federal Government
is taking to meet the unique
needs of native Hawaiians are outlined
in this chapter. These include
identification of federal programs for
{{p|18}}

@@ Line 74: / Line 74: @@
 Alaska Native Claims Settlement Act.
-==="Review of Hawaiian Homes Commission
+===="Review of Hawaiian Homes Commission Programs"====
 The review of the Hawaiian Home
@@ Line 94: / Line 93: @@
 activities.
-==="Federal Responses to the Unique Needs
+===="Federal Responses to the Unique Needs of Native Hawaiians"====
 The steps that the Federal Government

@@ Line 74: / Line 74: @@
 Alaska Native Claims Settlement Act.
-===="Review of Hawaiian Homes Commission
+==="Review of Hawaiian Homes Commission
-Programs"====
+Programs"===
 The review of the Hawaiian Home
@@ Line 94: / Line 94: @@
 activities.
-===="Federal Responses to the Unique Needs
+==="Federal Responses to the Unique Needs
-of Native Hawaiians"====
+of Native Hawaiians"===
 The steps that the Federal Government