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HomeMy WebLinkAboutRES 494 Draft 01 1988-1992i COUNTY OF HAW.Aft;,; :, STATE OF HAWAII RESOLUTION No. 994 92 URGING THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO HONOR AND FULF~i,L THE FEDERAL TRUST RELATIONSHIP AND OTiLIGATION TO NATIVE HAWAIIANS. WHEREAS, upon the annexation of the Republic of Hawaii by the United States, the United States received approximately 1.8 million acres of government and crown land under the terms of the Joint Resolution of the Annexation of 1898, with the condition that the revenues of such lands, subject to national needs, be used "solely for the benefit of the inhabitants" of Hawaii; and WHEREAS, in 1921, the Congress of the United States enacted the Hawaiian Homes Commission Act which designated native Hawaiians as beneficiaries and which set aside approximately 203,000 acres of public lands to be awarded to native Hawaiians, that is persons of at least 508 Hawaiian blood, through 99-year leases at a nominal fee; and WHEREAS, Congress enacted the Hawaiian Homes Commission Act to rehabilitate native Hawaiians by returning them to the land through leases for homesteads, ranches, and pastures because the social and economic conditions of the native Hawaiians were rapidly deteriorating after contact with western culture; and WHEREAS, the Hawaiian Homes Commission Act established a trust relationship between the United States and native Hawaiians whereby Congress set aside certain. designated parcels of land for the use and benefit of the native Hawaiians; and WHEREAS, the United States became the trustee of these lands, with the Territory of Hawaii acting as agent for the trustee; and WHEREAS, the Hawaiian Homes Commission Act manifested an intention to construct a fiduciary relation between the federal government and the native Hawaiians which gave rise to equitable duties by the federal government to deal with the lands for the benefit of the native Hawaiians; and WHEREAS, the United States retained legal title to the Hawaiian homes lands from 1921 until 1959 when Hawaii became a state; and WHEREAS, although the Hawaiian Homes Commission Act was the responsibility of the Federal government from 1921 to 1959, Federal financial support for the program was non-existent; and WHEREAS, thousands of native Hawaiian beneficiacies of the Hawaiian Homes Commission Act were unable to obtain homesteads during the period from 1921 to 1959 due to the failure of the trustee to carry out the terms of the Act; and 47HEREAS, the President of the United States appointed Hawaii's territorial governor from 1900 through 1959, with the advise and consent of the United States Senate; and WHEREAS, although the citizens of Hawaii, including native Hawaiians, did not elect their territorial governor, the territorial governor was the chairman of the Hawaiian Homes Commission from 1921 to 1935; and WHEREAS, although the United States transferred title to Hawaiian homes lands to the State of Hawaii in the Admission Act of 1959, under sections 4 and 5 of the Admission Act, the federal government continued its trustee responsibilities by retaining oversight responsibility for aspects of the administration of the Hawaiian Homes Commission Act, including the requirement of congressional concurrence for any state legislative amendments to the Hawaiian Homes Commission Act and the approval of the United States Secretary of Interior for any land exchanges involving Hawaiian homes lands; and WHEREAS, the federal government also retained the power to review and approve amendments to the provisions of the Hawaiian Homes Commission Act and the power to sue to enforce its terms, but has failed to do so; and WHEREAS, the United States continues to occupy, for nominal rent, valuable homelands, including land that was illegally set aside; and WHEREAS, the United States Constitution permits Congress to exercise plenary power in enacting legislation to benefit aboriginal and indigenous people of America based upon the unique historical and legal status of native peoples with the United States; and WHEREAS, like American Indians, Alaskan natives and Aleuts, Native Hawaiians (a) inhabited and once exercised absolute sovereignty over lands now within the United States; (b) never voted for, or affirmatively approved, annexation of Hawaii's former public, crown and government lands; and (c) enjoy a culture, language, and practices which exist only in Hawaii; and WHEREAS, Congress has long recognized Native Hawaiians as a distinct aboriginal group and has dealt with them in a manner similar to other native American groups; and WHEREAS, Congress recognized its fiduciary responsibilities tc Native Hawaiians in legislation requiring Native Hawaiians be included in programs for Native Americans and in funding Native Hawaiian programs in employment training, educational improvement, health promotion, and library services; and WHEREAS, the betterment of the conditions of Native Hawaiians is a public purpose which the United States required of Hawaii in the 1959 Statehood Act which enjoys broad support as well as substantial legislative funding in the State of Hawaii; and WHEREAS, the State of Hawaii took action to correct problems that occurred in administration of the Hawaiian homes lands since statehood in 1959, and to improve the conditions of Native Hawaiians through programs to preserve Hawaiian culture and to improve the health and education of all Hawaiians. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it urges the President and Congress of the United States to formally affirm, honor, and fulfill the federal trust obligations to Native Hawaiian people as provided under the Hawaiian Homes Commission Act. BE IT FURTHER RESOLVED that the Council of the County of Hawaii declares its support of the State of Hawaii's vigorous pursuit of federal claims to restore and strengthen the Hawaiian homes lands trust. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted to the National Association of Counties, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Chairman and Members of the United States Senate Committee on Energy and Natural Resources, and the members of Hawaii's Congressional Delegation. Dated at Hilo, Hawaii, this Iath da•~ of August 1992. COUNTY COUNCIL County of Hawaii Hilo, Hawaii I herby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on Atrgnet 1 9. 1 999 CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX ARAICAIQ DE LIMA ~ DOMWGO HALE LAI X MAKUAKANE RUDDLE SCHUTfE _ _ C-3913/ PC RESOLUTION NO. 494 92