Difference between revisions of "Template:Nhsc-v1-486"

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Line 3: Line 3:
 
never intended nor construed to be
 
never intended nor construed to be
 
restitution to Native Hawaiians.
 
restitution to Native Hawaiians.
 +
 
The provision for Native Hawaiians,
 
The provision for Native Hawaiians,
 
however, persuasively argues that
 
however, persuasively argues that
Line 8: Line 9:
 
recognition of Native Hawaiian
 
recognition of Native Hawaiian
 
interests in those lands.
 
interests in those lands.
 +
 
The State of Hawai'i, further, in
 
The State of Hawai'i, further, in
 
the State Constitution of 1978,
 
the State Constitution of 1978,
 
acknowledged the beneficiary interests
 
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
−
rata share of the ceded lands revenues
 
 
be set aside for the "betterment of
 
be set aside for the "betterment of
 
Native Hawaiians." These funds are
 
Native Hawaiians." These funds are
Line 19: Line 20:
 
Trustees are elected by all
 
Trustees are elected by all
 
Hawaiians.
 
Hawaiians.
 +
 
(It should be noted here, and will
 
(It should be noted here, and will
 
be discussed in detail later, that the
 
be discussed in detail later, that the
Line 24: Line 26:
 
Hawaiian Homes Act is different from
 
Hawaiian Homes Act is different from
 
that guiding this Commission.)
 
that guiding this Commission.)
 +
 
This trust as a federal responsibility
 
This trust as a federal responsibility
 
was not extinguished by the
 
was not extinguished by the
Line 36: Line 39:
 
into the trust of the State of
 
into the trust of the State of
 
Hawai'i.
 
Hawai'i.
 +
 
This reversionary interest of the
 
This reversionary interest of the
 
State in all non-park federal lands is
 
State in all non-park federal lands is
Line 41: Line 45:
 
Native Hawaiians by the establishment
 
Native Hawaiians by the establishment
 
of the Office of Hawaiian Affairs.
 
of the Office of Hawaiian Affairs.
 +
 
In the twenty-four years since
 
In the twenty-four years since
 
Statehood, however, less than 600
 
Statehood, however, less than 600
 
acres of federally-controlled ceded
 
acres of federally-controlled ceded
 
lands have been returned.
 
lands have been returned.
−
RECOMMENDATION #3
+
====RECOMMENDATION #3====
 
Based on these findings, and the
 
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
 
the Native Hawaiians and the State of
 
Hawai'i, the following recommendation
 
Hawai'i, the following recommendation
 
is offered to the Congress:
 
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
−
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
 
Federal-State Task Force is now
 
completing a review of the Hawaiian
 
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
 
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
 
the administration and management of
 
these lands.
 
these lands.
−
As constituted, this Task lore?
+
 
−
w i l l submit i t s findings and recommendations
+
As constituted, this Task Force?
 +
will submit its findings and recommendations
 
to the Governor of the
 
to the Governor of the
 
State of Hawai'i and the Secretary of
 
State of Hawai'i and the Secretary of
−
the I n t e r i o r.
+
the Interior.
 +
 
 
Specific Congressional concerns and
 
Specific Congressional concerns and
 
possible actions, however, will not be
 
possible actions, however, will not be
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it is our intention, based on the
 
it is our intention, based on the
 
mandate of this Commission and 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
 
Hawaiians, to address possible areas
 
of Congressional review.
 
of Congressional review.
−
Social Concerns. The conseauences
+
 
−
of the overthrow of the Kingdorr. of
+
<u>Social Concerns.</u> The consequences
 +
of the overthrow of the Kingdom of
 
Hawai'i by the United States are not
 
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.
−
486
+
{{p|486}}

Latest revision as of 00:28, 24 July 2006

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 interests 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 federally-controlled 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 trust. This effort was prompted by an initial report of the Civil Rights Commission indicating that a breech of trust may have occurred in the administration and management of these lands.

As constituted, this Task Force? will submit its findings and recommendations to the Governor of the State of Hawai'i and the Secretary of the Interior.

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 interest expressed by Native Hawaiians, to address possible areas of Congressional review.

Social Concerns. The consequences of the overthrow of the Kingdom of Hawai'i by the United States are not confined to historical wrong or compensable claims for lost anchestral land rights and interests.

-p486-
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