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Hawaiian home land

A Hawaiian home land is an area held in trust for Native Hawaiians by the state of Hawaii under the Hawaiian Homes Commission Act of 1920.

History edit

Upon the 1893 overthrow of the Hawaiian Kingdom, the idea for "Hawaiian Homelands" was first born. In his testimony before Congress regarding the Hawaiian Islands on January 3, 1894, William Alexander reported:

President Dole [of the Republic of Hawaii] and his colleagues have elaborated a plan for giving the Kanakas homesteads out of the Crown lands, not transferable, and further this condition of occupation.[1]

In 1921, the federal government of the United States set aside approximately 200,000 acres (810 km2) in the Territory of Hawaii as a land trust for homesteading by Native Hawaiians. The law mandating this, passed by the U.S. Congress on July 9, 1921, was called the "Hawaiian Homes Commission Act" (HHCA) and, with amendments, is still in effect today. The act is often also attributed to the year 1920, when it was written. The avowed purpose of the Hawaiian Homes Commission Act was to rehabilitate Native Hawaiians, particularly in returning them to the land to maintain traditional ties to the land. The Hawaiian politicians who testified in favor of the act specifically referred to the devastation of the Hawaiian population and the loss of the land, and the need for Hawaiians to be able to grow traditional crops such as kalo (taro).

The Hawaiian Homes Commission Act included a controversial definition of "Native Hawaiians" as persons with 50% or more Hawaiian blood. Prince Kūhiō Kalanianaʻole, the territory's non-voting delegate to Congress, wanted a blood quantum of no less than 1/32.

Primary responsibility for administering the trust has rested with:

  • 1921–1960: the Hawaiian Homes Commission (a federal agency)
  • 1960–present: the Department of Hawaiian Home Lands (DHHL, a state agency)[2]

That is, responsibility was transferred to the state level after Hawaii became a state in 1959.[3] The U.S. federal government nonetheless retains significant oversight responsibilities, including the exclusive right to sue for breach of trust.

Purpose edit

Section 101, "Purpose", of the Hawaiian Homes Commission Act explains the aims of the Hawaiian Homelands program as follows:

(a) ... to enable native Hawaiians to return to their lands in order to fully support self-sufficiency for native Hawaiians and the self-determination of native Hawaiians in the administration of this Act, and the preservation of the values, traditions, and culture of native Hawaiians.
(b) The principal purposes of this Act include but are not limited to:
(1) Establishing a permanent land base for the benefit and use of native Hawaiians, upon which they may live, farm, ranch, and otherwise engage in commercial or industrial or any other activities as authorized in this Act;
(2) Placing native Hawaiians on the lands set aside under this Act in a prompt and efficient manner and assuring long-term tenancy to beneficiaries of this Act and their successors;
(3) Preventing alienation of the fee title to the lands set aside under this Act so that these lands will always be held in trust for continued use by native Hawaiians in perpetuity;
(4) Providing adequate amounts of water and supporting infrastructure, so that homestead lands will always be usable and accessible; and
(5) Providing financial support and technical assistance to native Hawaiian beneficiaries of this Act so that by pursuing strategies to enhance economic self-sufficiency and promote community-based development, the traditions, culture and quality of life of native Hawaiians shall be forever self-sustaining.
(c) In recognition of the solemn trust created by this Act, and the historical government to government relationship between the United States and Kingdom of Hawaii, the United States and the State of Hawaii hereby acknowledge the trust established under this Act and affirm their fiduciary duty to faithfully administer the provisions of this Act on behalf of the native Hawaiian beneficiaries of the Act.
(d) Nothing in this Act shall be construed to:
(1) Affect the rights of the descendants of the indigenous citizens of the Kingdom of Hawaii to seek redress of any wrongful activities associated with the overthrow of the Kingdom of Hawaii; or
(2) Alter the obligations of the United States and the State of Hawaii to carry out their public trust responsibilities under section 5 of the Admission Act to native Hawaiians and other descendants of the indigenous citizens of the Kingdom of Hawaii. [L 1990, c 349, §1][4]

List edit

See also edit

References edit

  1. ^ Reports of Committee on Foreign Relations. Vol. 6. 1789–1901. p. 672.
  2. ^ "Department of Hawaiian Home Lands". official web site. Retrieved 2009-12-09.
  3. ^ U.S. Congress. "Article 5 of the Admission Act". on the Hawaii state government web site. Retrieved 2009-12-09.
  4. ^ U.S. Congress. "Text of the HHCA". on the Hawaii state government web site. Retrieved 2009-12-09.

Further reading edit

  • Hawaii Advisory Committee to the U.S. Commission on Civil Rights: Tatibouet, Andre S. (chairperson) et al. (December 1991). A Broken Trust. The Hawaiian Homelands Program: Seventy Years of Failure of the Federal and State Governments to Protect the Civil Rights of Native Hawaiians. U.S. Government Printing Office: 1991—617-651/41065.
  • Maps of Properties held in trust by the Department of Hawaiian Home Lands

External links edit

hawaiian, home, land, area, held, trust, native, hawaiians, state, hawaii, under, hawaiian, homes, commission, 1920, contents, history, purpose, list, also, references, further, reading, external, linkshistory, editupon, 1893, overthrow, hawaiian, kingdom, ide. A Hawaiian home land is an area held in trust for Native Hawaiians by the state of Hawaii under the Hawaiian Homes Commission Act of 1920 Contents 1 History 2 Purpose 3 List 4 See also 5 References 6 Further reading 7 External linksHistory editUpon the 1893 overthrow of the Hawaiian Kingdom the idea for Hawaiian Homelands was first born In his testimony before Congress regarding the Hawaiian Islands on January 3 1894 William Alexander reported President Dole of the Republic of Hawaii and his colleagues have elaborated a plan for giving the Kanakas homesteads out of the Crown lands not transferable and further this condition of occupation 1 In 1921 the federal government of the United States set aside approximately 200 000 acres 810 km2 in the Territory of Hawaii as a land trust for homesteading by Native Hawaiians The law mandating this passed by the U S Congress on July 9 1921 was called the Hawaiian Homes Commission Act HHCA and with amendments is still in effect today The act is often also attributed to the year 1920 when it was written The avowed purpose of the Hawaiian Homes Commission Act was to rehabilitate Native Hawaiians particularly in returning them to the land to maintain traditional ties to the land The Hawaiian politicians who testified in favor of the act specifically referred to the devastation of the Hawaiian population and the loss of the land and the need for Hawaiians to be able to grow traditional crops such as kalo taro The Hawaiian Homes Commission Act included a controversial definition of Native Hawaiians as persons with 50 or more Hawaiian blood Prince Kuhiō Kalanianaʻole the territory s non voting delegate to Congress wanted a blood quantum of no less than 1 32 Primary responsibility for administering the trust has rested with 1921 1960 the Hawaiian Homes Commission a federal agency 1960 present the Department of Hawaiian Home Lands DHHL a state agency 2 That is responsibility was transferred to the state level after Hawaii became a state in 1959 3 The U S federal government nonetheless retains significant oversight responsibilities including the exclusive right to sue for breach of trust Purpose editSection 101 Purpose of the Hawaiian Homes Commission Act explains the aims of the Hawaiian Homelands program as follows a to enable native Hawaiians to return to their lands in order to fully support self sufficiency for native Hawaiians and the self determination of native Hawaiians in the administration of this Act and the preservation of the values traditions and culture of native Hawaiians b The principal purposes of this Act include but are not limited to 1 Establishing a permanent land base for the benefit and use of native Hawaiians upon which they may live farm ranch and otherwise engage in commercial or industrial or any other activities as authorized in this Act 2 Placing native Hawaiians on the lands set aside under this Act in a prompt and efficient manner and assuring long term tenancy to beneficiaries of this Act and their successors 3 Preventing alienation of the fee title to the lands set aside under this Act so that these lands will always be held in trust for continued use by native Hawaiians in perpetuity 4 Providing adequate amounts of water and supporting infrastructure so that homestead lands will always be usable and accessible and 5 Providing financial support and technical assistance to native Hawaiian beneficiaries of this Act so that by pursuing strategies to enhance economic self sufficiency and promote community based development the traditions culture and quality of life of native Hawaiians shall be forever self sustaining dd c In recognition of the solemn trust created by this Act and the historical government to government relationship between the United States and Kingdom of Hawaii the United States and the State of Hawaii hereby acknowledge the trust established under this Act and affirm their fiduciary duty to faithfully administer the provisions of this Act on behalf of the native Hawaiian beneficiaries of the Act d Nothing in this Act shall be construed to 1 Affect the rights of the descendants of the indigenous citizens of the Kingdom of Hawaii to seek redress of any wrongful activities associated with the overthrow of the Kingdom of Hawaii or 2 Alter the obligations of the United States and the State of Hawaii to carry out their public trust responsibilities under section 5 of the Admission Act to native Hawaiians and other descendants of the indigenous citizens of the Kingdom of Hawaii L 1990 c 349 1 4 dd List editAnahola Kamalomalo Auwaiolimu Kalawahine Kewalo Papakolea Hanapepe Hoolehua Palaau Honokaia Honokōhau Honomu Kuhua Humuula Kahikinui Kalamaula Kalaoa Kalaupapa Kamaoa Puueo Kamiloloa Kamoku Kapulena Kaniohale Kapaʻa Kapaakea Kapalama Kapolei Kaumana Kawaihae Keʻanae Kealakehe Keaukaha Kekaha Keoniki Kula Lahaina Lalamilo Lualualei Makakupia Makuu Mōʻiliʻili Moloaa Nanakuli Nienie Olaa Panaewa Pauahi Paukukalo Pihonua Ponohawai Princess Kahanu Estates Association Puukapu Puʻunene Puna Shafter Flats ʻUalapuʻe Ulupalakua Waiʻanae Waiʻōhinu Waiakea Waiehu Waikoloa Waialeale Wailau Wailua Wailua Wailuku Waimanalo Waimanu WaimeaSee also editIndian reservation Indian reserve Canada Rancheria Rancherie Canada Right to homeland Aboriginal title Politics of HawaiiReferences edit Reports of Committee on Foreign Relations Vol 6 1789 1901 p 672 Department of Hawaiian Home Lands official web site Retrieved 2009 12 09 U S Congress Article 5 of the Admission Act on the Hawaii state government web site Retrieved 2009 12 09 U S Congress Text of the HHCA on the Hawaii state government web site Retrieved 2009 12 09 Further reading editHawaii Advisory Committee to the U S Commission on Civil Rights Tatibouet Andre S chairperson et al December 1991 A Broken Trust The Hawaiian Homelands Program Seventy Years of Failure of the Federal and State Governments to Protect the Civil Rights of Native Hawaiians U S Government Printing Office 1991 617 651 41065 Maps of Properties held in trust by the Department of Hawaiian Home LandsExternal links editHawaiian Homes Commission Act 1920 as amended from the Hawaiian Department of Hawaiian Home Lands Hawaiian Homes Commission Act 1920 PDF details as amended in the GPO Statute Compilations collection Retrieved from https en wikipedia org w index php title Hawaiian home land amp oldid 1172553811, wikipedia, wiki, book, books, library,

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