135
HOUSE OF REPRESENTATIVES             H.R. NO.              H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  RESOLUTION

REQUESTING THE OFFICE OF HAWAIIAN AFFIARS TO COMMISSION A STUDY
   TO DETERMINE THE SECURITY OF THE 5(F) TRUST ASSETS IN LIGHT
   OF THE RICE V. CAYETANO U.S. SUPREME COURT RULING.



 1       WHEREAS, it is the intent of the Legislature of the State
 2   of Hawaii to protect the intent and purpose of the people in
 3   amending the state Constitution in 1978 and creating the Office
 4   of Hawaiian Affairs; and
 5   
 6       WHEREAS, the trustees of the Office of Hawaiian Affairs
 7   were elected to manage trust assets of the Hawaiian and native
 8   Hawaiians, including but not limited to ceded lands revenues,
 9   and to use those assets to improve the condition of the
10   Hawaiians and native Hawaiians; and
11   
12       WHEREAS, the trustees of the Office of Hawaiian Affairs
13   were not elected to represent the sovereign interests of the
14   Native Hawaiian peoples; and 
15   
16       WHEREAS, there is some controversy about how to best
17   protect the trust and its assets for the sole benefit of the
18   Hawaiians and native Hawaiians; and
19   
20       WHEREAS, it is beneficial for the trustees to get broad-
21   based input from Hawaiians and native Hawaiians about the
22   ramifications of the Rice v. Cayetano decision; now, therefore,
23   
24       BE IT RESOLVED by the House of Representatives of the
25   Twentieth Legislature of the State of Hawaii, Regular Session
26   of 2000, the Senate concurring, that the trustees of the Office
27   of Hawaiian Affairs are requested to commission a study of the
28   security of the trust assets currently under their management;
29   and
30   
31       BE IT FURTHER RESOLVED that the study should focus on the
32   shift in the fiduciary responsibility, if any, of the trustees
33   in light of a public election, whether or not the trust assets
34   are in jeopardy of serving non-Hawaiian populations, and if so,
35   what measures can be taken by the Legislature of the State of
36   Hawaii to secure the assets for the sole benefit of Hawaiians
37   and native Hawaiians; and

 
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                                  H.R. NO.              H.D. 1
                                                        
                                                        

 
 1   
 2       BE IT FURTHER RESOLVED that the Office of Hawaiian Affairs
 3   is respectfully requested to convene a forum or beneficiaries'
 4   conference to address the concerns of its beneficiaries and
 5   seek their input; and
 6   
 7       BE IT FURTHER RESOLVED that the Office of Hawaiian Affairs
 8   shall submit a report to the legislature not more than 20 days
 9   prior to the convening of the regular session of 2001 detailing
10   the findings and recommendations of the commissioned study; and
11   
12       BE IT FURTHER RESOLVED that copies of the report will be
13   sent to the State Council of Hawaiian Homestead Associations,
14   Hui Kako'o 'Aina Ho'o Pulapula and other Hawaiian organizations
15   and be made available to Hawaiians and native Hawaiians; and
16   
17       BE IT FURTHER RESOLVED that certified copies of this
18   resolution be transmitted to the Governor and the Chairman of
19   the Office of Hawaiian Affairs.