Ka Wai Ola - Office of Hawaiian Affairs, Volume 10, Number 1, 1 January 1993 — Federal Right-To-Sue Act to Aid Hawaiian Homes Claims [ARTICLE]

Federal Right-To-Sue Act to Aid Hawaiian Homes Claims

Callous and inept administration cf the Hawaiians Home Lands Trust from 1 92 1-1 959, by both the federal and territorial govemments, has created more anger and heartache among Hawaiians than any other single issue. Numerous state and federal studies have documented this breach of trust, the latest being a federal Inspector General's audit whieh found tlie following: "Both federal and state govemments contributed over the years to the current deficient condition of the Homes Lands

program by not acting in the best interests of Native Hawaiians when administering the program and through insufficient funding, inadequate planning and management, and inaehon." Numerous claims against both the federal and state govemments are pending, but there is no existing federal meehanism to resolve these claims. State efforts to refrain are evolving and since 1989 have included ( 1) the right to sue in state court, (2) the creation of an Individual Claims Panel to resolve past injuries, and (3) settlement of fairrent for public use of tmst lauds. This draft bill would rectify that situation by providing that any federal dis-

trict court would have jurisdiction in such cases. Specifically, it would enable Hawaiians, either as individuals (or their heirs) or as Native Hawaiian organizations on behalf of the Home Lands tmst, to bring suit against the U.S. for failure to properly administer the Trust from 1921 to 1959. The draft bill also would create a federal Office of Tmst Counsel to facilitate the U.S.' supervisory responsibility over theHomeLandstmst. Undertermsofthe Statehood agreement in 1959, administration of the Home Lands trust was transferred to the state of Hawai'i, but the federal government retained oversight authority and responsibility. The Office of Trust Counsel would provide a mechanism for exercising that supervision. Its authority would derive from the power to bring suit against the state regarding meritorious claims. The state would be held to the highest standards of a fiduciary, and not be allowed to elaim competing public purposes as an excuse for failing to meet its Trust obligations. According to the draft bill, Tmst Counsel would be aHawai 'i resident of at least five years, have an extensive background in Native Hawaiian affairs, and be appointed frorn a list provided by Native Hawaiian organizations and the Governor of Hawai'i. Upon appointment, the nominee would face confirmation by vote of Native Hawaiians in Hawai'i. Both monetary awards and the eonveyance of lands and related assets would be permitted under the draft bill. ■ Office of Hawaiian Affairs 711 Kapiolani Blvd., Suite 500 Honolulu, Hawaii 96813 BOARD OF TRUSTEES CIayton H.W. Hee Chairman & Trustee, O'ahu Abraham Aiona Vice-Chairman & Trustee, Maui Moanike'ala Akaka Trustee, Hawai'i Rowena Akana Trustee-at-Large A. Frenchy DeSoto Trustee-at-Large Kina'u Boyd Kamali'i Trustee-at-Large Kamaki A. Kanahele III Trustee-at-Large Moses K. Keaie, Sr. Trustee, Kaua'i & Ni'ihau Samuel L. Kealoha, Jr. Trustee, Moloka'i

Both federal and state government contributed over the years to the current deficient condition of Home Lands program by not acting in the best interests of Native Hawaiians.