HomeMy WebLinkAboutRES 880 Draft 01 1980-1984..
County of Hawaii-State of Hawaii
Resolution No. aeo s~
A RESOLUTION RESPECTFULLY URGING THE UNITED STATES SENATE COMMITTEE
ON ENERGY AND NATURAL RESOURCES AND THE COMMITTEE ON INTERIOR AND
INSULAR AFFAIRS OF THE UNITED STATES HOUSE TO FORMALLY REJECT
ENUMERATED SECTIONS OF THE FINAL REPORT OF THE NATIVE HAWAIIANS
STUDY COMMISSION, VOLUME I.
WHEREAS, the Council of the County of Hawaii has a deep and
abiding commitment to the enhancement and protection of the rights
and interests of her citizens; and
WHEREAS, this commitment can and, appropriately should extend to
an examination of other governmental documents and studies which
impact on the well-being of our community and responses to their
demonstrated needs; and
WHEREAS, the Final Report of the Native Hawaiians Study
Commission, as a Congressionally-mandated inquiry (P. L. 96-565,
"Title III") charges to "study the culture, needs, and concerns of
Native Hawaiians" and to provide guidance on possible federal
responses in identified areas affecting the rights and interests of
our citizens; and
WHEREAS, such a rejection is hereby offered and recommended to
the United States Senate Committee on Energy and Natural Resources
and to the Committee on Interior and Insular Affairs of the United
States House in the following areas:
1. "Approach and Methodology," pages 1-8;
2. "Conclusions and Recommendations," pages 21-32;
3. "Ancient History to Reciprocity," ages 147-172;
4. "Land Laws and Land Relationships,' pages 251-264;
5. "Diplomatic and Congressional History: From Monarchy to
Statehood," pages 265-332;
6. Existing Law, Native Hawaiians, and Compensation,"
pages 333-370; and
7. "Review of Hawaiian Homes Commission Programs,"
pages 371-418.
County of Hawaii to share its reasons and justification in
sufficient but not overwhelming detail with the Congress in making
this request, we note that Volume I is fatally-flawed by its:
* Research methodology;
* Historical interpretation;
* Legal analysis;
''~ Adversarial bias; and
* Misunderstanding of Native Hawaiian Culture; and
WHEREAS, as a consequence, Volume I reflects and incorporates
fundamental misinterpretations of the history of Hawaii, misapplies
American Indian law to the Native Hawaiian experience to the
detriment of both peoples, forces legal analyses which jeopardize
the whole body of claims and settlement precedents as appropriate
remedies for past wrongs, and denies the fundamental precept of
justice through law; and
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WHEREAS, such errors and their use as the basis for findings,
conclusions, and recommendations to the Congress of the United
States of America cannot be permitted to stand unchallenged and
uncorrected in national records and as the source for possible
future determinations of fact or action by the national government.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that it respectfully urges the United States Senate Committee
on Energy and Natural Resources and the Committee on Interior and
Insular Affairs of the United States House of Representatives reject
those portions of the Final Report of the Native Hawaiians Study
Commission, Volume I, enumerated in the body of said Volume,
including the entirety of the conclusions and recommendations
included in said volume.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii
transmit certified copies of this resolution to Senator James
McClure, Chairperson of the Senate Committee on Energy and Natural
Resources, Congressman Morris K. Udall, Chairperson of the House
Committee on Interior and Insular Affairs, Senators Spark M.
Matsunaga and Daniel K. Inouye, Congressmen Cecil Heftel and Daniel
Akaka, Native Hawaiians Study Commission Chairperson Kina'u Boyd
Karnali' i, Office of Hawaiian Affairs Board of Trustees Chairperson
Joseph Kealoha, and to the news media of Hilo.
Dated at Hilo, Hawaii, this
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
18th day of Anril 1984.
INTRODUCED BY:
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Council Mem er, Co y o Hawaii
I hereby certify that the foregoing RESOLUTION was by the vote indicated to
the right hereof adopted by the COUNCIL of the County of Hawaii on
it 18, 1984
ATTEST:
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COUNTY C RK AIRMAN & PR SI ING OFFICER
ROLL CALL VOTE
AYES NOES
x
De Luz, III x
Domingo x
Fulii x
Hale X
Kawahara x
Lai x
Schulte
Chr. Yamashiro X
Reference:
M.B. No.
RESOLUTION N0.
80711 O~