Reid Ginoza at 08:28, 24 July 2006

2006-07-24T08:28:29Z

Jennifer Wada at 12:22, 11 March 2006

2006-03-11T12:22:53Z

New page

From these findings, it is quite
clear that the ceded lands trust was
never intended nor construed to be
restitution to Native Hawaiians.
The provision for Native Hawaiians,
however, persuasively argues that
Congress has extended a preliminary
recognition of Native Hawaiian
interests in those lands.
The State of Hawai'i, further, in
the State Constitution of 1978,
acknowledged the beneficiary interests
of Native Hawaiians and provided a pro
rata share of the ceded lands revenues
be set aside for the "betterment of
Native Hawaiians." These funds are
administered and managed by the Office
of Hawaiian Affairs whose Board of
Trustees are elected by all
Hawaiians.
(It should be noted here, and will
be discussed in detail later, that the
Native Hawaiians definition of the
Hawaiian Homes Act is different from
that guiding this Commission.)
This trust as a federal responsibility
was not extinguished by the
Admission Act or its terms. All ceded
lands set aside for national park
purposes were declared fee and the
property of the Department of the
Interior. However, it was the intent
of Congress that all other lands
controlled by the federal government
were subject to return and incorporation
into the trust of the State of
Hawai'i.
This reversionary interest of the
State in all non-park federal lands is
now also of explicit trust interest to
Native Hawaiians by the establishment
of the Office of Hawaiian Affairs.
In the twenty-four years since
Statehood, however, less than 600
acres of federally-controlled ceded
lands have been returned.
RECOMMENDATION #3
Based on these findings, and the
now-explicit reversionary i n t e r e s t s of
the Native Hawaiians and the State of
Hawai'i, the following recommendation
is offered to the Congress:
• that the Congress establish a
Joint Federal-State Ceded Lands
Commission for the State of
Hawai'i, to review the present
use and need for federallycontrolled
lands in Hawai'i;
• that this Commission advise the
Congress on the status of these
lands, and have the authority
to declare such lands surplus
and available for return to the
State of Hawai'i; and
• that Native Hawaiians be
included and consulted in the
course of the Commission's
review.
The Hawaiian Homes Trust. A similar
Federal-State Task Force is now
completing a review of the Hawaiian
Homes t r u s t . This effort was prompted
by an i n i t i a l report of the Civil
Rights Commission indicating that a
breech of t r u s t may have occurred in
the administration and management of
these lands.
As constituted, this Task lore?
w i l l submit i t s findings and recommendations
to the Governor of the
State of Hawai'i and the Secretary of
the I n t e r i o r.
Specific Congressional concerns and
possible actions, however, will not be
considered by this Task Force. Thus,
it is our intention, based on the
mandate of this Commission and the
intense i n t e r e s t expressed by Native
Hawaiians, to address possible areas
of Congressional review.
Social Concerns. The conseauences
of the overthrow of the Kingdorr. of
Hawai'i by the United States are not
confined to h i s t o r i c a l wrong or compensable
claims for lost ancneatrai
land rights and i n t e r e s t s.
486

@@ Line 3: / Line 3: @@
 never intended nor construed to be
 restitution to Native Hawaiians.
 The provision for Native Hawaiians,
 however, persuasively argues that
@@ Line 8: / Line 9: @@
 recognition of Native Hawaiian
 interests in those lands.
 The State of Hawai'i, further, in
 the State Constitution of 1978,
 acknowledged the beneficiary interests
-of Native Hawaiians and provided a pro
+of Native Hawaiians and provided a <u>pro rata</u> share of the ceded lands revenues
 be set aside for the "betterment of
 Native Hawaiians." These funds are
@@ Line 19: / Line 20: @@
 Trustees are elected by all
 Hawaiians.
 (It should be noted here, and will
 be discussed in detail later, that the
@@ Line 24: / Line 26: @@
 Hawaiian Homes Act is different from
 that guiding this Commission.)
 This trust as a federal responsibility
 was not extinguished by the
@@ Line 36: / Line 39: @@
 into the trust of the State of
 Hawai'i.
 This reversionary interest of the
 State in all non-park federal lands is
@@ Line 41: / Line 45: @@
 Native Hawaiians by the establishment
 of the Office of Hawaiian Affairs.
 In the twenty-four years since
 Statehood, however, less than 600
 acres of federally-controlled ceded
 lands have been returned.
-RECOMMENDATION #3
+====RECOMMENDATION #3====
 Based on these findings, and the
-now-explicit reversionary i n t e r e s t s of
+now-explicit reversionary interests of
 the Native Hawaiians and the State of
 Hawai'i, the following recommendation
 is offered to the Congress:
-• that the Congress establish a
+* that the Congress establish a Joint Federal-State Ceded Lands Commission for the State of Hawai'i, to review the present use and need for federally-controlled lands in Hawai'i;
-Joint Federal-State Ceded Lands
+* that this Commission advise the Congress on the status of these lands, and have the authority to declare such lands surplus and available for return to the State of Hawai'i; and
-Commission for the State of
+* that Native Hawaiians be included and consulted in the course of the Commission's review.
 Hawai'i, to review the present
-use and need for federallycontrolled
+<u>The Hawaiian Homes Trust.</u> A similar
 Federal-State Task Force is now
 completing a review of the Hawaiian
-Homes t r u s t . This effort was prompted
+Homes trust. This effort was prompted
-by an i n i t i a l report of the Civil
+by an initial report of the Civil
 Rights Commission indicating that a
-breech of t r u s t may have occurred in
+breech of trust may have occurred in
 the administration and management of
 these lands.
-As constituted, this Task lore?
-w i l l submit i t s findings and recommendations
+As constituted, this Task Force?
 to the Governor of the
 State of Hawai'i and the Secretary of
-the I n t e r i o r.
+the Interior.
 Specific Congressional concerns and
 possible actions, however, will not be
@@ Line 86: / Line 81: @@
 it is our intention, based on the
 mandate of this Commission and the
-intense i n t e r e s t expressed by Native
+intense interest expressed by Native
 Hawaiians, to address possible areas
 of Congressional review.
-Social Concerns. The conseauences
-of the overthrow of the Kingdorr. of
+<u>Social Concerns.</u> The consequences
 Hawai'i by the United States are not
-confined to h i s t o r i c a l wrong or compensable
+confined to historical wrong or compensable
-claims for lost ancneatrai
+claims for lost anchestral
-land rights and i n t e r e s t s.
+land rights and interests.
+{{p|486}}

Template:Nhsc-v1-486 - Revision history

Reid Ginoza at 08:28, 24 July 2006

Jennifer Wada at 12:22, 11 March 2006