Ke Alahou, Volume I, Number 5, 1 ʻApelila 1980 — A HAWAIIAN AFFAIRS PACKAGE [ARTICLE+ILLUSTRATION]

A HAWAIIAN AFFAIRS PACKAGE

by Nathan Aipa

Representative Kina'u Boyd Kamali'i, Republican House Leader, has introduced to the Tenth Legislature this year a Hawaiian Affairs Package whieh basically is a compilation of bills and resolutions involving the powers and responsibilities of the Hawaiian Homes program and the newly established Office of Hawaiian Affairs. These bills were filed in committee and cannot be enacted this year. Rep. Kamali'i, however, intends to reintroduce them next year. Aoeording to her, the primary purpose of this legislative package is "to unite the Hawaiian p.eople" through the proper development of The Office of Hawaiian Affairs (OHA). She stated, "The OHA could represent a genuine ehanee for us to redress historical wrong, and to assert ourselves as a proud and significant part of the Island's future." H For too long, Hawaiians have been seen by the larger community as victims of our own culture. Beginning with the missionaries and continuing through the "Hawaiian Homestead Act," we have been treated as handicapped people in need of social rehabilitation. "The Office of Hawaiian Affairs, however, will give focus to the reawakening of pride whieh we, as Hawaiians, are now feeling. It may be that now wl have the ehanee to take the past without shame, and accept it into our lives as a source of strength and confidence." Beyond this strong belief that Hawaiians are and should be proud of their cultural heritage, Rep. Kamali'i asserts that Hawaii«ans have a legal right to the control of certain lands and financial resources of the State. She emphasizes that jsection s(f) of the Admissions Act of i§s9 created a pojpetual trust of certain "ceded lands" and named "native Hawaiians," as defined in the Hawaiian Homes Commission Act, as explicit beneficiaries. She states that the term "ceded lands H originated during the period of annexation in 1898 when ownership of public, government and crown lands of the Republic of Hawaii were ceded to the United States government. How these "ceded lands" were to be, managed or disposed of was not clear. Native Hawaiian rights were ignored. Kamali'i maintains that it was not until the Admissions Act that there finally emerged a need to reaffirm the "ceded lands trust." Today, she finds in the Office of Hawaiian Affairs "a recognized and duly ratified entity tQ fight for and administer both reparations and that share of the. "ceded lands trust" set aside for Haw r aiians."

Rep. Kamali'i, a!ong with Senator Dante Oaipenlei, have introduced this Hawaiian affairs package as a first step in implementing the constitutional mandate underlying the Office of Hawaiian Affairs. The following is a brief description of the bills and resolu-

tions found in the legislation: ' H.R. 19 9is a resokitiQn re guesting tlie Dep artment of Land and Natural Resources to give priority to the deterraination pf the status of ceded and non-ceded lands in the State; H.B. 2996 is an to provide enough funds to assist DLNR in determining this status; H, B. 2997 is a bill that seeks to repeal the "Special Land and Development Fund" so that all revenues generated from public lands will go to the "cededlands trust fund;" H.B. 2998 raises the salary of the director of OHA to an equivalent of a department head's pay; . H.B. 2999 sets the pro rata share of the "ceded lands trust" whieh is to be administered by OHA at 30%; H.B. 3000 defines the relationship between OHA and all other Hawaiian agencies and organizations. Rep. Kamali'i interprets OHA as an "umbrella" of protection and advocacy for all Hawaiians. This bill establishes OHA as a coprdinating facility for all agencies specifically serving Hawaiians. It also allows OHA to nominaie candidates fpr commissioner positionson the Hawaiian Homes Commission andremoves thq ( blood, quantun\ requirement that at least four commis4oners must be one quarter or more Hawaiian. H.B. 3001 requires that kuleana lands escheat to OHA rather than the State when the owners of the land die without heirs; H.B. 3002 is a bill that transfers title of Hawaiian Home lands to OHA from the State. Rep. Kamali'i asserts that this measure $hpuld not infringe upon the prerogatives of ihe Hawaiiaa Home Lands program. This program was created for the M rehabilitation" of

Hawaiians. The Representative poses the possibility thai Congress may decide onē day that the Hawaiians have been "rehabilitated" and thus terminate the program. Kamali'i introduces thisbill as an"additional buffer to (assure) the continuation of the Homes program;" Finally, H.R. 200 is a resolution petitioning Congress to permit the State to determine the bloodquantum requirement for Hawaiian Homeseligibility. Rep. Kamali'i basically wants equal treatment for all Hawaiians rather than just a fractional group. This final resolution perhaps illustrates her efforts to get all Hawaiians involved in this politicar process of implementing the Office of Hawaiian Affairs. She stated, "I hope you will become my companions. Our journey will be long and difficult — but we will be seeking justice for all Hawaiians. And our words will be heard when there are enough voices." o