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HOUSE OF REPRESENTATIVES |
H.R. NO. |
147 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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HOUSE RESOLUTION
requesting the Board of land and natural resources to refrain from selling, exchanging, OR otherwise alienating lands in the public land trust.
WHEREAS, ceded lands are the former crown and government lands of the Kingdom of Hawaii that were transferred to the United States as part of Hawaii's annexation in 1898 and granted to the State of Hawaii upon statehood in 1959; and
WHEREAS, section 5(f) of the Admission Act requires that the State hold the ceded lands and proceeds and income therefrom in a public trust for several purposes, including the betterment of the conditions of native Hawaiians; and
WHEREAS, the 1993 Congressional Apology Resolution recognized that the overthrow of the Kingdom of Hawaii was illegal, the taking of the Kingdom's crown, government, and public lands was without consent or compensation, and the indigenous Hawaiian people never directly relinquished their claims over their national lands to the United States; and
WHEREAS, native Hawaiians have unrelinquished claims to the ceded lands; and
WHEREAS, the issue is now on appeal before the United States Supreme Court; and
WHEREAS, until the claims of native Hawaiians are resolved, the Board of Land and Natural Resources should not sell, exchange, or otherwise alienate the lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved on July 7, 1898 (30 Stat. 750), or acquired in exchange for the ceded lands and returned to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 5), and lands retained by the United States under section 5(c) and 5(d) of the Act of March 18, 1959 (73 Stat. 5) and later conveyed to the State under section 5(e) or under the Act of December 23, 1964 (77 Stat. 472); now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Board of Land and Natural Resources is requested to refrain from selling, exchanging, or otherwise alienating land in the public land trust until the native Hawaiians' unrelinquished claims to ceded lands are resolved; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to Chairperson of the Board of Land and Natural Resources and the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.
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OFFERED BY: |
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Public Land Trust; Alienation