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VICENTE: Dwight Vicente representing the Hawaiian Kingdom. You heard about the Public
<br />Trust Doctrine. It comes from Article IV, Section 3, Clause 2 of the U.S. Constitution which is
<br />limited to one territory, the Northwest Ordinance of 1787, Article 5. It does not apply here.
<br />They've been applying it to lands, Crown and Government lands rebranded as Hawaiian Home
<br />Lands, the L 1,750,000 acres only. So, unless these lands are considered Hawaiian Home
<br />Lands, that does not apply, and even that is questionable, because this is, as I stated, the
<br />Hawaiian Kingdom. Crown and government lands. The resources belong to the Hawaiian
<br />Kingdom whether it's mineral or underground water, water in the stream, even the ocean. So,
<br />the question is who is claiming they own these lands? Are they nationals of the Hawaiian
<br />Kingdom or are they foreign nationals who remained here after the treaties ended in 1897. What
<br />the United States did in 1898, they extended their treaties with those countries whose treaties
<br />ended with the Hawaiian Kingdom to this kingdom which the U.S. Constitution does not
<br />authorize. Treaties for the U.S. is to remain the 13 states only. It does not go beyond.
<br />And, then the, what they're doing is they're using the Downes vs. Bidwell to claim jurisdiction
<br />over, not only the Hawaiian Kingdom, but also other countries, and they call them under that
<br />scheme incorporated or unincorporated territories. While the 1.7150,000 acres were called
<br />incorporated territory, and was destined to become a fake State of Hawaii. And, the
<br />unincorporated territories you include South Korea, Japan, Philippines, Guam, Northern
<br />Marianas, Micronesia, Panama Zone, Puerto Rico, Virgin Isles, Guantanamo Bay, Germany,
<br />Turkey, Spain, Middle East, and wherever you find the U.S. military. All you gotta do is read
<br />the rape cases that happened in Okinawa that the U.S. military was a part of. They claim that
<br />these—Okinawa is a territory of the United States, so they don't get prosecuted under Okinawan
<br />law. It's not only a military base but also the surrounding lands.
<br />So, there's a lot of questions that go into dealing with laws of nations, and the United States as I
<br />stated is only 13 states. There's no amendment to the Constitution to go beyond that. They need
<br />to amend the Constitution through Article V which has not happened so far. Thank you.
<br />HARDEN: Good morning. Cory Harden for Sierra Club Moku Loa Group. Thank you for your
<br />service on the Commission. I hope you will stand firm on your previous decision. I hope you
<br />folks know whether the owners of Piilani are citizens of the State. The resources are held in trust
<br />for the citizens of the State. I don't know if they are citizens.
<br />We differ with many points in the motion for reconsideration. For example, Piilani Partners says
<br />the new draft plan will not have any findings. However, the update we heard about at the
<br />hearing last week on this plan says they have a goal of getting a foundation update which
<br />excuse me, sounds like findings to me. Piilani Partners says the plan will not come up with new
<br />water regulations but the update talks about possibly enforcement rules for people who don't
<br />report water use. That sounds like regulations to me.
<br />Piilani Partners has said that the Water Commission will not come up with anything material on
<br />the SMA application, but at the hearing on the plan last week, there was testimony that was
<br />material to the application and that testimony will be considered when the plan is written. I'm
<br />just summarizing my written stuff here.
<br />EXHIBIT B
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