Nhsc-v1-27

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nhsc-v1-27

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tests for showing the existence of aboriginal title. Even if the tests had been met, the Commission finds that such title was extinguished by actions of the Hawaiian government before 1893, and certainly before annexation, which was the first assumption of sovereignty by the United States. Finally, even if these tests had been met, neither the Fifth Amendment to the United States Constitution nor current statutes provide authority for payment of compensation to native Hawaiians for loss of aboriginal title.
-The law also has developed specific legal requirements for compensation of loss of lands by recognized title. The Commission examined the question of whether treaties and statutes, the Joint Resolution of Annexation, or the Fifth Amendment to the United States Constitution provide a basis for payment under the theory of recognized title, and concluded that no basis exists.
-The Commission examined whether a trust or fiduciary relationship exists between the United States and native Hawaiians and concluded that no statutes or treaties give rise to such a relationship because the United States did not exercise sovereignty over the Hawaiian Islands prior to annexation, and the Joint Resolution of Annexation, No. 55 (July 7, 1898) did not create a special relationship for native Hawaiians.
  • The Commission considered whether native Hawaiians are entitled to compensation for loss of sovereignty, and found no present legal entitlement to compensation for any loss of sovereignty.
  • A report prepared by the Inspector General of the Department of the Interior summarized a number of problems with regard to the Hawaiian Home Lands program. A Federal/State Task Force was created to propose solutions to these problems and its report is due to the Governor of Hawaii and the U.S. Secretary of Interior by mid-1983.
  • The State of Hawaii has taken a number of steps to respond to the unique needs of native Hawaiians. These include acquisition and disposition of revenue pursuant to Section 5(f) of the Statehood Admissions Act; establishment of the Office of Hawaiian Affairs; and establishment of particular programs specifically for native Hawaiians within other departments of the State Government.
  • A number of private and local organizations have also worked to meet the unique needs of native Hawaiians. These groups' have been funded either by endowments (often from the estates of kings or queens of Hawaii), or by the Federal Government.
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