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Home My WebLink AboutRES 241 Draft 03 1994-1996COUNTY OF HAWAII. STATE OF HAWAII RESOLUTION N0. 2~1 96 (DRAFT 3) A RESOLUTION RELATING TO THE TRUST OBLIGATION OF THE UNITED STATES OF AMERICA TOWARD NATIVE HAWAILANS AND THEIR DESCENDANTS. WHEREAS, the United States Congress enacted and the President signed into law, the Hawaiian Homes Act, on July 9, 1921; and WHEREAS, the Act was adopted as a provision of the Hawaii State Constitution upon Statehood and the State of Hawaii entered into a compact with the United States to assume the duties of management and disposition of the Hawaiian Home Lands; and WHEREAS, Article XII, Section 2 of the Constitution of the State of Hawaii states, "The State and its people do further agree and declaze that the spirit of the Hawaiian Homes Commission Act looking to the continuance of the Hawaiian Homes project for the further rehabilitation of the Hawaiian race shall be faithfully carried out."; and WHEREAS, the 1983 report of the Federal-State Task force on the Hawaiian Homes Commission Act to the Secretary of Interior affirmed that the United States had before Statehood, and has retained since Statehood, the role of a trustee with respect to Hawaiian Home Lands, and thus owes a fiduciary duty in its treatment of the beneficiaries of the Hawaiian Homes Commission program; and WHEREAS, some 103,490 acres of land in the County of Hawaii have been designated as "available" Hawaiian Home Lands and are included in the inventory of lands of the Hawaiian Homes Commission; and WHEREAS, additionally, Title II of the Alaska Native Claims Settlement Act Amendment, cited as the "Hawaiian Home Lands Recovery Act," establishes a process whereby the United States would convey land to the Department of Hawaiian Home Lands that is equal in value to Hawaiian Home Lands taken by the federal government and defines the United States' responsibilities in administering the Hawaiian Homes Commission Act; and WHEREAS, the Hawaii Advisory Committee to the U.S. Commission on Civil Rights in December 1991, issued a report entitled, A Broken Trust the Hawaiian Homec Program• Seventy Years of Failure of the Federal and State to Protect the Civil Riehtc of Native Hawaiians, which made the following findings and recommendations: "Finding 1: The Hawaii Advisory Committee concludes that the United States has failed to exercise its trust obligations to the beneficiazies of the Hawaiian Homes Commission Act, as mandated by Section 5(f) of the Hawaii Admissions Act. The Statute specifically entrusts oversight responsibilities to the Federal Government and grants its exclusive authority to enforce the provisions of the act. Despite this, correspondence to the Chairman of the U.S. Commission on Civil Rights from both the U.S. Departments of Interior and Justice denies Federal trust duties. It is clear that the United States has now abandoned any interest in protecting the trust. The retreat is unacceptable to the Advisory Committee, especially in light of overwhelming evidence that the objectives of the Hawaiian Homes Commission Act have not been achieved in 70 yeazs of Federal and State administration. Refusal by the Federal Government to monitor compliance, investigate complaints, and take appropriate legal actions, constitute a denial of the civil rights of Native Hawaiian trust beneficiaries. Recommendation 1: Congressional Action; The Congress should enact legislation establishing a clear Federal trust duty to Native Hawaiians for the fulfillment of the Hawaiian Homes Commission Act. In view of the current Federal reluctance to accept trust obligations under the act, this congressional action is a fundamental prerequisite to any meaningful Federal participation in corrective actions to repair the trust and make it effective. Finding 2: Unlike other Native Americans, Hawaiians have never received the privileges of a political relationship with the United States. 2 The lack of formal recognition of Native Hawaiians by the Federal Government has resulted in their inability to enjoy eligibility for Federal programs designed to assist Native Americans and other protected groups. Recommendation 2: Federal Recognition of Native Hawaiians; The Congress should promptly enact legislation enabling Native Hawaiians to develop a political relationship with the Federal Government comparable to that enjoyed by other native peoples in the nation. Such legislation would encourage the realization of sovereignty and self- determination for Native Hawaiians, a goal that this Advisory Committee strongly endorses. The legislation should also explicitly confer eligibility to Native Hawaiian beneficiaries for participation in Federal grograms designed to assist Native Americans, Alaska Natives and other protected groups who have suffered from historical discrimination.° WHEREAS, in 1993, the National Commission on American Indian, Alaskan Native and Native Hawaiian Housing (hereinafter the Commission) which investigated the housing needs of Native Americans and Hawaiians, issued a report documenting the following: "(A) Native Hawaiians are seriously over-represented in the State's homeless population; (B) Of those applicants on the waiting list for Hawaiian Home Lands, 19.5 percent of the applicants and 17.8 percent of their spouses are unemployed, a substantially higher rate than the general State population; (C) The average Native Hawaiian household size in 4.25 persons, as compazed to the statewide average of 2.97 persons; (D) The median Native Hawaiian family income is substantially below the 1988 State average of $39,600; (E) Native Hawaiians have the worst housing conditions in the State of Hawaii and the highest percentage of homelessness, representing over 30 percent of the State's homeless population; and (F) Native Hawaiians suffer lack of access to conventional financing due to the trust status of their home lands and a frequent inability to meet income requirements."; and WHEREAS, Native Hawaiians have been arrested and jailed for acts of civil disobedience and, as found by the Hawaii Advisory Committee to the United States Commission on Civil Rights, have had their civil rights denied as a result of the State of Hawaii's failure to properly implement the Hawaiian Homes Commission Act; and WHEREAS, Native Hawaiians have been denied access to the range of federal housing programs available to other Native American groups on the basis that limiting program services to a "racial class" would violate the equal rights provisions of the United States Constitution; and WHEREAS, since the inception of the program, the United States has appropriated less than $6 million for infrastructure development on Hawaiian Home Lands through HUD's CDBG and Special Purpose Grants programs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it requests that the President of the United States and the Congress of the United States implement Public Law 103-I50 by embracing its federal trust obligation to Native Hawaiians and their descendants as required by their oversight responsibility of the Hawaiian Homes Commission Act, and extend to them the same privileges extended to Native Americans and Alaskan Natives, including, but not limited to, federal financial programs and technical assistance. BE IT FURTHER RESOLVED that the U.S. Department of Interior and the U.S. Department of Justice, as the Federal Agencies with oversight jurisdiction of the Hawaiian Home Lands, work cooperatively with the State of Hawaii, the County of Hawaii, its Political Subdivisions, the Hawaiian Homes Commission, Ka Lahui Hawaii and other interested parties, to initiate this process and enunciate a cleaz policy relating to the fiduciary obligations of the United States and the State of Hawaii towazd Native Hawaiians and their descendants. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to the Honorable William Clinton, President of the United States; the Honorable Bruce Babbitt, Secretary of the Interior; the Honorable Robert Dole, Majority Leader, United States Senate; the Honorable Newt Gingrich, Speaker of the United States House of Representatives; the Honorable Senators Daniel K. Inouye and Daniel K. Akaka; and the Honorable Members of Congress Neil Abercrombie and Patsy Mink. 4 BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii, transmit copies of this resolution to the Honorable Benjamin J. Cayetano, Governor of the State of Hawaii; to the Honorable Mazgery Bronster, Attorney General of the State of Hawaii; the Honorable Norman Mizuguchi, President of the Senate and the Honorable Joseph Souki, Speaker of the House; to the Chairman and Members of the Hawaiian Homes Commission; and Ka Lahui Hawaii and the other interested parties who helped in the development of this resolution. Dated at Hilo, Hawaii, this 7th ,day of FebruaLy , 1996. INTRODUCED BY: ~. l ~~ Council ember, County J~---G~--n~c-~ Council Member, County of Hawai ETLO/eja I hereby certify that th vote indicated to the r. the County of Hawaii /~l~v !~ ~~ : ~ COUNTY CLERK R OLL CAL L VOTE 'OUNTY COUNCIL of Hawaii Coun AyFS NOES ABS EX ty Hawaii Hilo , Arakaki X Bonk-Abramson X RESOLUTION was by the e fore oin mod'" X g g COUNCIL f d b h ~ L""a X o y t e fight hereof adopte 1996 Domingo X Februa ~ ?, on Osorio X // ^ >~ X o , i~ ~ ~ y Ra X , C ,.,; // --~_ ;/~~ / / ~ ~ Smith X G~~~ JCi~~~."T- (~~~ 9 0 0 0 ' v 5 Reference C-885.01 CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. I - ~' (DRAFT 3 )