THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                    SENATE  CONCURRENT


 1        WHEREAS, the community of Hawaii is now undergoing a
 2   remarkable period of reflection and adjustment as it reviews
 3   the history of the overthrow of the sovereign and independent
 4   nation of Hawaii on January 17, 1893; and
 6        WHEREAS, the nation of Hawaii was overthrown as a direct
 7   consequence of the United States' military committing the first
 8   overt act of landing in Hawaii and supporting a handful of men
 9   in the takeover of the constitutional monarchy of Hawaii in
10   contravention to international customary and treaty laws of
11   that time; and
13        WHEREAS, out of the complicity of the United States
14   military in the overthrow of the Hawaiian monarchical form of
15   government, the Provisional Government of Hawaii was
16   immediately created, controlled, and led by men directly
17   engaged in the overthrow; and
19        WHEREAS, the self-appointed President of the Provisional
20   Government, Sanford B. Dole, on July 4, 1894, proclaimed the
21   Constitution of the Republic of Hawaii with the same Sanford B.
22   Dole as President of the Provisional Government; and
24        WHEREAS, the Constitution of the Republic of Hawaii
25   claimed title to all of the Hawaiian monarchical government's
26   lands and waters, and declared all Hawaiian citizens
27   automatically citizens of the Republic of Hawaii; and
29        WHEREAS, no opportunity for ratification or rejection of
30   this constitution was placed before the Hawaiian citizens, the
31   proclamation of Sanford B. Dole having been the only
32   requirement for adoption; and
34        WHEREAS, the United States government subsequently
35   recognized the Republic of Hawaii; and

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                                  S.C.R. NO.            S.D. 1

 1        WHEREAS, in 1898, the Joint Resolution entitled "Joint
 2   Resolution to provide the annexing of the Hawaiian Islands to
 3   the United States", approved July 7, 1898 (30 Stat 70), ceded
 4   absolute title of all public lands held by the Republic of
 5   Hawaii, including the government and crown lands of the former
 6   Kingdom of Hawaii, to the United States, but mandated that the
 7   revenue generated from these lands be used "solely for the
 8   benefit of the inhabitants of the Hawaiian Islands for
 9   educational and other purposes"; and
11        WHEREAS, the treaty of annexation failed to obtain two-
12   thirds approval of the United States Senate as required by the
13   United States Constitution and was subsequently resubmitted by
14   the McKinley administration as a joint resolution of Congress,
15   eventually receiving a mere majority vote of both houses of
16   Congress on July 7, 1898, but nonetheless, treated as having
17   met United States constitutional requirements, based on which
18   Sanford Dole of Hawaii and Harold M. Seawall, Minister of the
19   United States to the Republic of Hawaii, joined in a formal
20   ceremony transferring the sovereignty and public property of
21   the Hawaiian Islands; and
23        WHEREAS, the public property of the Hawaiian Islands as
24   well as the sovereignty transferred in 1898 became the basis
25   upon which the Territory of Hawaii and eventually the State of
26   Hawaii, both entities created by the United States Congress,
27   assumed title over its ceded lands and jurisdiction over the
28   former Hawaiian citizens and their descendants; and
30        WHEREAS, in 1921, in recognition of the severe decline in
31   the native Hawaiian population from the estimated 1,000,000
32   native Hawaiians in 1778 to 22,600 native Hawaiians in 1919,
33   the United States Congress enacted the Hawaiian Homes
34   Commission Act (HHCA), 1920, which designated approximately
35   200,000 acres of the ceded public lands for homesteading by
36   native Hawaiians, thus affirming the special relationship
37   between the United States and the native Hawaiians.  As then
38   Secretary of the Interior Franklin K. Lane was quoted in the
39   committee report for the HHCA, 1920:  "One thing that impressed
40   me...was the fact that natives of the islands whom are wards, I
41   should say, and for whom in a sense we are trustees, are
42   falling off rapidly in numbers and many are in poverty"; and

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                                  S.C.R. NO.            S.D. 1

 2        WHEREAS, on November 23, 1993, United States President
 3   William Jefferson Clinton signed into effect Public Law
 4   103-150, a joint resolution that acknowledged the one hundredth
 5   anniversary of the January 17, 1893, overthrow of the Kingdom
 6   of Hawaii and that it was contrary to the laws of the United
 7   States Constitution and international law; and
 9        WHEREAS, in Public Law 103-150, the United States
10   apologized to the Native Hawaiians on behalf of the United
11   States for the overthrow of the Kingdom of Hawaii and expressed
12   its commitment to acknowledge the ramifications of this illegal
13   act in order to provide a proper foundation for reconciliation
14   between the United States and the Native Hawaiian people; and
16        WHEREAS, meanwhile, on the state level, to resolve
17   outstanding claims against the State of Hawaii made by
18   Hawaiians regarding the nonpayment and underpayment of the pro
19   rata share of ceded land revenues, the Office of Hawaiian
20   Affairs has filed suit against the State to recover past
21   revenues owed; and
23        WHEREAS, in 1997, by enactment of Act 329, Session Laws of
24   Hawaii (Act 329), a two-year process for resolving the
25   controversy with respect to the proper management and
26   disposition of the lands subject to the public land trust and
27   the proceeds and income therefrom, and to effectuate Article
28   XII, section 6 of the Hawaii Constitution, was established; and
30        WHEREAS, Act 329 also established a joint committee to
31   gather information, facilitate discussion, and secure
32   recommendations to address issues relating to the lands subject
33   to the public land trust; and
35        WHEREAS, Act 329 attempted to clarify the Legislature's
36   statutory definition of "revenue" under section 10-2, Hawaii
37   Revised Statutes, and also established a non-litigious
38   mechanism to inventory and map the public trust lands, all
39   while assuring an adequate level of funding to the Office of
40   Hawaiian Affairs by providing a lump-sum annual payment of
41   $15,100,000 during the two-year review process; and

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                                  S.C.R. NO.            S.D. 1

 1        WHEREAS, in the past two years, few meetings were
 2   conducted by the joint committee, no inventory was completed,
 3   and strong dissatisfaction with the two-year cap on revenues
 4   was voiced by the Office of Hawaiian Affairs and its
 5   beneficiaries; and
 7        WHEREAS, the Hawaii Supreme Court is presently reviewing
 8   the 1996 ruling by Judge Daniel G. Heely in Office of Hawaiian
 9   Affairs v. State of Hawaii, Circuit Court of the First Circuit,
10   State of Hawaii Civil No. 94-0205-01 ("Heely case"), and is
11   awaiting the outcome of the negotiations between the State and
12   Office of Hawaiian Affairs; and
14        WHEREAS, however, the Supreme Court has expressed
15   frustration at the pace and lack of forward movement in the
16   negotiations between the parties and is preparing to make a
17   ruling that may be devastating to both parties; and
19        WHEREAS, while the parties have been meeting, there is
20   still no settlement and little chance of settlement occurring
21   because of major disagreements over the scope and amount of the
22   settlement; and
24        WHEREAS, as a result of these ongoing controversies and
25   continued litigation, the State faces claims for past amounts
26   due which could exceed one billion dollars; and
28        WHEREAS, if this billion dollar estimate becomes a
29   reality, there may be a serious deterioration in the State's
30   bond rating; and
32        WHEREAS, without a fair settlement, acceptable and binding
33   on the parties, continued litigation can be anticipated at both
34   the state and federal levels by the Office of Hawaiian Affairs
35   and the State; and
37        WHEREAS, one can also expect continued acts of civil
38   disobedience and demonstrations as native Hawaiian
39   beneficiaries seek justice in the form of adequate payments
40   from the ceded land revenues; and
42        WHEREAS, the Legislature believes that it is in the
43   public's interest, due to the difficulty, time, uncertainty,
44   disruption of public purposes, impact on the public land trust,

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                                  S.C.R. NO.            S.D. 1

 1   and expense of judicial resolution of disputed claims, that
 2   another approach be taken; and
 4        WHEREAS, this new approach could result in the repair of
 5   the State's fiduciary obligations to native Hawaiians as it
 6   relates to the public land trust; and
 8        WHEREAS, such a resolution is necessary and in the best
 9   interests of the State and the beneficiaries of the public land
10   trust; and
12        WHEREAS, to facilitate resolution of these issues, based
13   on fairness and equity, the Legislature finds it necessary to
14   provide a comprehensive approach to resolving these outstanding
15   issues; now, therefore,
17        BE IT RESOLVED by the Senate of the Twentieth Legislature
18   of the State of Hawaii, Regular Session of 1999, the House of
19   Representatives concurring, that the President of the United
20   States and the United States Congress are urged to take
21   definitive actions to right the wrongs as expressed in Public
22   Law 103-50; and
24        BE IT FURTHER RESOLVED that the Governor is requested to
25   designate a person in his administration to be the official
26   state contact with the United States Department of the Interior
27   to address issues related to ceded lands and the political
28   status of Hawaiians, and to inform Senator Daniel Akaka of the
29   identity of the designee; and
31        BE IT FURTHER RESOLVED that the Governor and the Trustees
32   of the Office of Hawaiian Affairs immediately meet with the
33   leadership of both houses to assess the status of the
34   negotiations surrounding the Heely case; and
36        BE IT FURTHER RESOLVED that a new joint committee shall be
37   established to study and make recommendations on all
38   outstanding and anticipated issues it identifies that currently
39   or potentially relate to the public land trust, including the
40   possible set aside and transfer of a portion of the public land
41   trust to the Office of Hawaiian Affairs in partial or full
42   satisfaction of any past or future obligations under section

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                                  S.C.R. NO.            S.D. 1

 1   5(f) of the Admission's Act; and
 3        BE IT FURTHER RESOLVED that the membership of the joint
 4   committee shall consist of four members, of which the Senate
 5   President, the Speaker of the House of Representatives, the
 6   Governor, and the Office of Hawaiian Affairs shall each appoint
 7   one member; and 
 9        BE IT FURTHER RESOLVED that all members of the joint
10   committee shall be appointed by no later than thirty days after
11   the last day of the Regular Session of 1999, and the joint
12   committee shall convene its initial meeting within thirty days
13   after appointment of the last member; and
15        BE IT FURTHER RESOLVED that the joint committee shall
16   conduct public hearings throughout the State to facilitate
17   discussions and formulate recommendations on issues within the
18   joint committee's purview; and
20        BE IT FURTHER RESOLVED that the joint committee submit a
21   progress report to the Legislature no later than twenty days
22   prior to the convening of the Regular Session of 2000 and
23   submit a final report to the Legislature no later than twenty
24   days prior to the convening of the Regular Session of 2001; and
26        BE IT FURTHER RESOLVED that the Auditor coordinate the
27   completion of a comprehensive inventory and map database of all
28   lands currently subject to section 5(f) of the Admission Act;
29   and
31        BE IT FURTHER RESOLVED that all state departments and
32   agencies that use or manage public lands shall fully comply
33   with any and all reasonable requests made by the Auditor; and
35        BE IT FURTHER RESOLVED that the Auditor shall identify the
36   entire public land trust including lands, assets, and natural
37   resources; and
39        BE IT FURTHER RESOLVED that before commencing the actual
40   inventory and mapping of these ceded lands, the Auditor shall
41   first recommend and get approval from the joint committee as to
42   the scope and period of time the inventory shall include; and

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                                  S.C.R. NO.            S.D. 1

 2        BE IT FURTHER RESOLVED that the Auditor, to the extent
 3   feasible, shall also comply with the joint committee's requests
 4   once the inventory and mapping is commenced; and
 6        BE IT FURTHER RESOLVED that certified copies of this
 7   Concurrent Resolution be transmitted to the President of the
 8   United States, the President of the United States Senate, the
 9   Speaker of the United States House of Representatives, Hawaii's
10   Congressional Delegation, the Attorney General of the United
11   States, the Chairperson of the United States Senate Select
12   Committee on Indian Affairs, the Governor of the State of
13   Hawaii, the President of the Hawaii State Senate, the Speaker
14   of the Hawaii State House of Representatives, the Chairperson
15   of the Board of Land and Natural Resources, the Director of
16   Transportation of the State of Hawaii, the Director of
17   Business, Economic Development, and Tourism of the State of
18   Hawaii, the Superintendent of Education of the State of Hawaii,
19   the Director of Health of the State of Hawaii, the President of
20   the University of Hawaii, the Comptroller of the State of
21   Hawaii, the Board of Trustees of the Office of Hawaiian
22   Affairs, and the Auditor of the State of Hawaii.