Reid Ginoza at 08:19, 24 July 2006

2006-07-24T08:19:21Z

Jennifer Wada at 12:22, 11 March 2006

2006-03-11T12:22:26Z

New page

• these Committees consult and
involve Native Hawaiians to the
greatest extent possible in the
resolution of these claims, and
that any proposed restitution
be subject to formal acceptance
by Native Hawaiians; and
• pending resolution of these
claims that the Congress take
the appropriate action to
assure that all lands
controlled by the federal
government in the State of
Hawai'i maintain their current
use and status, and that the
archipelagic waters of Hawai'i
enjoy the same security.
Congressional consideration of
restitution to Native Hawaiians for
illegal American actions leading to
the overthrow of the Kingdom will, in
all likelihood, include an examination
of existing trust relationships
between the United States and Native
Hawaiians. These trust relationships
are distinct, albeit not separate,
from the claims for compensable losses
and damages.
In order to help clarify the nature
of the claims, however, a review of
the trust relationships is a part of
the groundwork necessary for
determining restitution.
The Ceded Lands Trust. The public,
crown, and government lands of the
Kingdom totalled approximately 1.9
million acres -- nearly half the
domain of the Islands. Under the
control of the Republic of Hawai'i,
200,000 acres of these onceinalienable
lands were transferred to
private ownership.
At the time of American annexation
of Hawai'i, then, the anchestral lands
of Native Hawaiians encompassed 1.7
million acres of Hawai'i, much of it
planted in sugar and pineapple by the
terms of royal leases. These leases
were undisturbed by the Republic and
remained in force under the United
States.
In the Joint Resolution of Annexation
adopted by the Congress and passed
by the Legislature of the Republic, the
sovereignty and all "public, crown, or
government lands" were ceded to the
United States. This cession -- appropriate
under international law -- was
conducted without the consent of the
people of Hawai'i and without compensation
to Native Hawaiians.
The terms of this transfer, their
later discussion in numerous Congressional
hearings on statehood for the
Territory of Hawai'i, and the eventual
ratification of the Admission Act,
substantiate these findings:
• the public, crown and government
lands ceded to the United
States were transferred as a
trust to be maintained and
managed for the benefit of all
the "inhabitants" of Hawai'i;
• this trust imposed fiduciary
responsibilities on the United
States and constrained the
use, management and proceeds
generated from the trust to
public purposes;
• the bulk of these lands were
returned in fee to the State of
Hawai'i in the Admission Act,
with explicit trust impositions
and the naming of two possible
beneficiary classes: Native
Hawaiians, as defined in the
Hawaiian Homes Act, and the
general public;
• the broad public purposes
enunciated as consistent with
the trust could be fulfilled at
the discretion of the State;
however, any purpose outside
those named would result in a
breach of trust.
485

@@ Line 1: / Line 1: @@
-• these Committees consult and
+* these Committees consult and involve Native Hawaiians to the greatest extent possible in the resolution of these claims, and that any proposed restitution be subject to formal acceptance by Native Hawaiians; and
-involve Native Hawaiians to the
+* pending resolution of these claims that the Congress take the appropriate action to assure that all lands controlled by the federal government in the State of Hawai'i maintain their current use and status, and that the archipelagic waters of Hawai'i enjoy the same security.
 greatest extent possible in the
 Congressional consideration of
 restitution to Native Hawaiians for
@@ Line 27: / Line 13: @@
 from the claims for compensable losses
 and damages.
 In order to help clarify the nature
 of the claims, however, a review of
@@ Line 32: / Line 19: @@
 the groundwork necessary for
 determining restitution.
 The Ceded Lands Trust. The public,
 crown, and government lands of the
 Kingdom totalled approximately 1.9
@@ Line 38: / Line 26: @@
 domain of the Islands. Under the
 control of the Republic of Hawai'i,
-,000 acres of these onceinalienable
+,000 acres of these once-inalienable
 lands were transferred to
 private ownership.
 At the time of American annexation
 of Hawai'i, then, the anchestral lands
@@ Line 50: / Line 39: @@
 remained in force under the United
 States.
 In the Joint Resolution of Annexation
 adopted by the Congress and passed
@@ Line 60: / Line 50: @@
 people of Hawai'i and without compensation
 to Native Hawaiians.
 The terms of this transfer, their
 later discussion in numerous Congressional
@@ Line 66: / Line 57: @@
 ratification of the Admission Act,
 substantiate these findings:
-• the public, crown and government
+* the public, crown and government lands ceded to the United States were transferred as a trust to be maintained and managed for the benefit of all the "inhabitants" of Hawai'i;
-lands ceded to the United
+* this trust imposed fiduciary responsibilities on the United States and constrained the use, management and proceeds generated from the trust to public purposes;
-States were transferred as a
+* the bulk of these lands were returned in fee to the State of Hawai'i in the Admission Act, with explicit trust impositions and the naming of two possible beneficiary classes: Native Hawaiians, as defined in the Hawaiian Homes Act, and the general public;
-trust to be maintained and
+* the broad public purposes enunciated as consistent with the trust could be fulfilled at the discretion of the State; however, any purpose outside those named would result in a breach of trust.
-managed for the benefit of all
+{{p|485}}

Template:Nhsc-v1-485 - Revision history

Reid Ginoza at 08:19, 24 July 2006

Jennifer Wada at 12:22, 11 March 2006