Appropriates funds to assist in Native Hawaiian sovereignty upon the enactment of federal legislation to begin the process of Native Hawaiian self determination. (SD1)

A BILL FOR AN ACT

SECTION 1. The legislature finds that native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago whose society was organized as a nation prior to the first recorded arrival of non-indigenous people in 1778. At the time of the first recorded arrival of non-indigenous people in 1778, the native Hawaiian people lived in a highly-organized, self-sufficient, subsistence society based on a communal land tenure system with a sophisticated language, culture, and religion. A unified monarchical government of the Hawaiian Islands was established in 1810, under Kamehameha I, the first King of Hawai’i. Throughout the nineteenth century and until 1893, the United States:

On December 18, 1893, in a message to Congress, President Grover Cleveland reported fully and accurately on these illegal actions, and acknowledged that by these acts—-described by the President as acts of war-—the government of a peaceful and friendly people was overthrown and that a "substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires that we endeavor to repair".

Queen Lili’uokalani, the lawful monarch of Hawaii, and the Hawaiian Patriotic League, representing the aboriginal citizens of Hawaii, promptly petitioned the United States for redress of these wrongs and for restoration of the indigenous government of the Hawaiian Nation; however, this petition was not acted on.

In 1898, Hawaii was annexed to the United States through the Newlands Resolution without the consent of or compensation to the indigenous people of Hawaii or their sovereign government. As a result, the indigenous people of Hawaii were denied the mechanism for expression of their inherent sovereignty through self-government and self-determination, their lands, and their ocean resources.

It is now made clear that the standards of international law and the obligations of the United States had not been fully complied with, under the Charter of the United Nations. The process of self-determination leading up to a choice for the people's future form of governance was not met in Hawaii at the time the 1959 vote on Statehood was taken.

In 1959 when the statehood vote was put to the people of Hawaii, the choices given to the people did not include choices for independence from, or free association with, the United States of America, but only the option of integration with the United States, in the form of a State of the Union, or as a territory of the United States.

The United States Congress acted upon the results of the statehood vote, bringing Hawaii into the union of States. There is serious question as to whether or not that act was consistent with the fulfillment of the human rights and fundamental freedoms of the people who were governed under a system of non-self governing territories pursuant to General Assembly Resolution No. 66 of the United Nations.

In recognition of these injustices, the legislature of the State of Hawaii, by concurrent resolution in 1991, encouraged the continued discussion and debate over the subject of Hawaii's future, both within or without the United States of America, forming the sovereignty advisory commission (SAC), the first of three such legislatively created entities.

In 1993, the legislature of the State of Hawaii enacted Act 354, Session Laws of Hawaii 1993, acknowledging the actions of the United States were illegal and immoral, and pledged its continued support to the native Hawaiian community by appropriating funds for the development of programs and curriculum to educate the general public about Hawaiian sovereignty through a purchase of service contract with Hui Na'auao.

Also in 1993, the legislature following the report of SAC, also enacted Act 359, Session Laws of Hawaii 1993, which formed the Hawaiian sovereignty advisory council (HSAC), which attempted to allow the Hawaiian people to decide upon whether or not a sovereign Hawaiian entity should be established, and if so, in which form of government would the entity be created.

In November 1993, Congress also acknowledged the United States past role in overthrowing the sovereign government of the Kingdom of Hawaii in its adoption of Public Law 103-150, which apologized for the United States role in the overthrow.

In 1995, the legislature, following receipt of the report of HSAC formed the Hawaiian sovereignty elections commission (HSEC), to carry forward a plebiscite on whether or not the native Hawaiian people wanted to elect delegates to propose a form of native Hawaiian government.

In 1996, HSEC completed its mandate and held a plebiscite wherein an overwhelming number of those who participated chose to elect delegates.

Those delegates were elected from communities throughout Hawaii and from the continental United States. They have, since July 1999, been carrying on meetings and discussions, among themselves and throughout the communities, to consider a structure of a sovereign Hawaiian form of government, and the political options of independence, free association, and integration.

Throughout these developments, the legislature believes that it has become more and more apparent that the events which brought Hawaii into union with the United States were of questionable legality and morality.

In 2000, United States Senator Daniel Akaka introduced a measure in Congress that would begin the process of formally recognizing native Hawaiians as a sovereign class of people. Unfortunately, the measure failed to be adopted, not because of its lack of merit, but more due to the lack of time.

In 2001, Senator Akaka has reintroduced the measure and has received support for its passage in both houses of Congress. The legislature believes that when federal legislation to recognize native Hawaiians as a sovereign class of people is enacted, the State must stand ready to share in the responsibility of assisting native Hawaiians in their quest for self determination.

SECTION 2. Upon the enactment of federal legislation that establishes a process of native Hawaiian self determination, there is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2001-2002, for the purpose of providing state funds to match federal funds to assist in the process of native Hawaiian self determination.

SECTION 3. The sum appropriated shall be expended by the department of budget and finance in a contract with the federally-designated entity responsible for implementing the process of native Hawaiian self determination; provided that no funds shall be expended unless matched by the federal government for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2001.