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Committee on Finance Testimony for Bill 207 OHA Trustee Rowena Akana December 18, 2007 Page 2 Commission to award fee-simple title to all native tenants who occupied and improved any portion of Crown, Government, or Konohiki lands. After commoners were granted the opportunity to acquire their own parcels of land through the Mahele, foreigners were also granted the right to own land in 1850, provided they had sworn an oath of loyalty to the Hawaiian Monarch. In order to receive their awards from the Land Commission, the hoa'aina (native tenants) were required to prove that they cultivated the land for a living. They were not permitted to acquire "wastelands" (e.g. fishponds) or lands which they cultivated "with the seeming intention of enlarging their lots." Once a claim was confirmed, a survey was required before the Land Commission was authorized to issue any award. The lands awarded to the hoa'aina became known as "Kuleana Lands." All of the claims and awards (the Land Commission Awards or L.C.A.) were numbered, and the L.C.A. numbers remain in use today to identify the original owners of lands in Hawai'i. By the time of its closure on March 31, 1855, the Land Commission issued only 8,421 kuleana claims, equaling only 28,658 acres of land to the native tenants (cf. Indices of Awards 1929). According to the Overview of Hawaiian History by Diane Lee Rhodes, many of the kuleana lands were later lost. The list of reasons include: (1) Native tenants mostly received lands that lacked firewood or were too rocky and unsuitable for farming. (2) A number of kuleana were sold by dishonest land agents before the farmers could get a survey. (3) The land commissioners delayed getting notices to landholders. (4) Prices were out of reach for commoners. (5) Finally, foreigners evicted legitimate kuleana owners without due process. Since most of the Kuleana lands were carved up and taken away or abandoned, the impact on tax revenues would be extremely minimal so there should be no reason why this legislation shouldn't pass. We must put an end to the injustices done to the caretakers of Kuleana lands for the past 150-years once and for all. If something is not done soon, the very last Kuleana lands that have survived will finally fall out of Hawaiian hands. Protecting what's left of Kuleana Lands will help preserve Hawai'i's rich history and culture. Mahalo nui loa for the opportunity to present testimony.