94
THE SENATE                           S.C.R. NO.            
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THAT THE UNITED STATES SECRETARY OF THE INTERIOR,
    UPON THE ESTABLISHMENT OF THE HAWAIIAN HOMES COMMISSION AS
    AN ELECTED BODY, AFFIRM IN WRITING THAT THE HAWAIIAN HOMES
    COMMISSION IS A GOVERNING BODY DULY RECOGNIZED BY THE
    SECRETARY OF THE INTERIOR AS A NATIVE GROUP.



 1        WHEREAS, the Ninth Circuit Court of Appeals held, in Price
 2   v. State of Hawaii, 764 F.2d 623 (1985), that a claim for
 3   reparations by Hawaiians cannot be pursued in federal court
 4   unless the entity pursuing the claims is a governing body duly
 5   recognized by the Secretary of the Interior as a native group;
 6   and
 7   
 8        WHEREAS, Hawaiians have thus been, and continue to be,
 9   denied the right to pursue their just claims for reparations in
10   the federal courts; and
11   
12        WHEREAS, the Hawaiian Homes Commission statute, enacted in
13   1920 by the United States Congress, provides specifically for
14   the setting aside of a portion of the ceded land trust for
15   homesteading by native Hawaiians; and 
16   
17        WHEREAS, the United States Secretary of the Interior must
18   approve any land exchanges involving Hawaiian home lands; and
19   
20        WHEREAS, the United States Congress still retains the
21   power to alter, amend, or repeal the provisions of the Act; and
22   
23        WHEREAS, the United States Congress must approve any state
24   amendment to the Act which may alter the qualifications of
25   lessees or decrease the benefits to lessees; and
26   
27        WHEREAS, as a consequence of these facts, the Hawaiian
28   Homes Commission is the single body, since annexation, which
29   has historically and legally been recognized by the United
30   States Government and the United States Secretary of the
31   Interior as a body which represents the interests of Hawaiians
32   in their relationship with the federal government; and
33   

 
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                                  S.C.R. NO.            
                                                        
                                                        

 
 1        WHEREAS, the Hawaiian Homes Commission has its own land
 2   base, established by the Hawaiian Homes Commission Act of 1920,
 3   as amended; and
 4   
 5        WHEREAS, if the Hawaiian Homes Commission becomes an
 6   autonomous body, one that is the governing body of a native
 7   group duly recognized by the Secretary of the Interior, it
 8   would occupy the unique position of being not only a
 9   representative body of the Hawaiian people with its own land
10   base, but also the only governing body representing the
11   interests of Hawaiians as a native group with an official and
12   historical relationship with the Secretary of the Interior and
13   the United States Government; now, therefore,
14   
15       BE IT RESOLVED by the Senate of the Twentieth Legislature
16   of the State of Hawaii, Regular Session of 2000, the House of
17   Representatives concurring, that the federal government
18   recognize the Hawaiian Homes Commission as the governing body
19   for the Hawaiian people that may act on their behalf in all
20   matters relating to the sovereignty of Hawaiians; and 
21   
22       BE IT FURTHER RESOLVED that the United States Secretary of
23   the Interior is requested to affirm in writing that the
24   Hawaiian Homes Commission is a governing body duly recognized
25   by the Secretary of the Interior as a native group; and
26   
27       BE IT FURTHER RESOLVED that certified copies of this
28   Concurrent Resolution be transmitted to the President of the
29   United States, the United States Secretary of the Interior, the
30   President of the United States Senate, the Speaker of the
31   United States House of Representatives, members of Hawaii's
32   Congressional Delegation, the Governor, the Senate President,
33   the Speaker of the House of Representatives, the Chairperson
34   and members of the Hawaiian Homes Commission, Chairperson of
35   the State Council of Hawaiian Homes Association, and the
36   Chairperson of the Hawaiian Homes Commission.
37 
38 
39 
40                         OFFERED BY:  ____________________________