... in 2000, the Department of the Interior and the Department of Justice jointly issued a report called The River of Justice Must Flow Freely that recommended self-determination for Native Hawaiians under federal law as a priority. ...the passage of the Apology Resolution in 1993, explicitly acknowledged the inherent sovereignty of Native Hawaiians at the time of the overthrow of the Kingdom of Hawaii. In 1978, the Hawaii State Constitutional Convention created the Office of Hawaiian Affairs (OHA) to receive a portion of the revenues from the Ceded Lands Trust to manage for the betterment of the conditions of “native Hawaiians”. The Hawaii State Legislature later set the pro rata share for Native Hawaiian programs at one-fifth or 20 percent of the revenues generated annually from the Ceded Lands Trust. The lack of an accurate inventory of the Ceded Lands Trust and disagreement over what activities the State of Hawaii should consider to be revenue derived from the land base have led to the filing of several suits by OHA against the State of Hawaii. One of the first suits resulted in a payment of $130 million by the State of Hawaii to OHA for revenue payments due, but not paid, from 1980 through 1991. OHA has also filed a suit which seeks 20 percent of the state revenues from public housing rents, affordable housing proceeds, fees and charges for patient services at Hilo Hospital, revenue from off-site Duty Free Shoppers stores and investment income earnings from various special funds. Circuit Court Judge Dan Heely ruled that these revenues are subject to the 20 percent assessment for OHA. The State of Hawaii has appealed the decision to the Hawaii State Supreme Court. In 1997, the Hawaii State Legislature passed Act 329 which provides OHA 20 percent of the revenues from the Ceded Lands Trust up to a maximum of $15.1 million a year. (1997 Haw. Sess. Laws 329). In addition, OHA has filed suit against the State of Hawaii Housing Finance and Development Corporation to prevent the sale of Ceded Lands in the Lei Alii subdivision development in Lahaina, Maui, citing clauses in the Apology Resolution. OHA contends that the Apology Resolution indicates that the State of Hawaii may not have clear title to the Ceded Lands and that the Native Hawaiian people retain a claim to these lands. Circuit Court Judge Dan Heely found merit in the claim and ordered a trial for OHA and the State of Hawaii to argue their positions, a trial which, in the past three years has not yet been scheduled. (Office of Hawaiian Affairs v. State of Hawaii Housing Finance and Development Corporation, Civ. 94-420-11 (1994)). In 1997 the Hawaii State Legislature authorized an appropriation of $1 million each for the Department of Land and Natural Resources (DLNR) and the Office of Hawaiian Affairs to conduct a Ceded Lands inventory. No agreement could be reached between DLNR and OHA on how to conduct the inventory and the funds lapsed. In the 2000 session of the Hawaii State Legislature S.B. 2108 authorized a new appropriation for the inventory to be conducted. Statements received in the reconciliation meetings suggested that the Federal Government combine efforts with DLNR and OHA and conduct an inventory of the Ceded Lands under the management of various Federal agencies. In 1938, the Kalapana Extension Act was enacted, providing access and homesteading privileges to “native Hawaiians” within the Hawaii National Park and recognizing Native Hawaiian fishing rights in the area. (Pub. L. No. 75-680, 52 Stat. 784 (1938)). ...the passage of the Apology Resolution in 1993, explicitly acknowledged the inherent sovereignty of Native Hawaiians at the time of the overthrow of the Kingdom of Hawaii. Federal Government pursuant to Congress’ plenary authority over Indian Affairs the plan of action - a draft of this report was released by the Departments on August 23, 2000. This report also is available on the website of the Department of the Interior at are an official part of the record for this Report. Copies of the written statements received are available for public review at the locations listed in Appendix A. Copies of the public comments will be available at the same locations in the near future. The original copies will be maintained at Interior, in Washington, D.C. To the extent possible, both the written statements and public comments also will be posted on Interior’s website at . Over forty hours of public statements were heard ~ the United States has acknowledged the actions enumerated in the Apology Resolution ~ FROM MAUKA TO MAKAI: THE RIVER OF JUSTICE MUST FLOW FREELY doi.gov/ohr/library/upload/Mauka-to-Makai-Report-2.pdf
Posted on: Wed, 16 Jul 2014 12:38:40 +0000
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