Ka Wai Ola - Office of Hawaiian Affairs, Volume 7, Number 7, 1 July 1990 — Hawaiian Homes Act purpose clause SB 3236 [ARTICLE]

Hawaiian Homes Act purpose clause SB 3236

Be it enacted by the legislature of the State of Hawai'i: Section 1. The Hawaiian Homes Commission Ael, 1920, is amended by adding a new section to be appropriately designated and to read as ;ollows:

"(a) The Congress of the United States and the State of Hawai'i declare that the policy of this Act is to enable native Hawaiians to return to their lands in order to fully support self-sufficiency for native Hawaiians and the self-determination of native Hawaiians in the administration of this Act and the preservation of the values, traditions, and culture of native Hawaiians. (b)The principal purposes of this Act inciude but are not limited to:

(1) Establishing a permanent land base for the benefit and use of native Hawaiians and, upon whieh they may live, farm, ranch, and otherwise engage in commercial or industrial or any other activities as authorized in this Act; (2) Placing native Hawaiians on the lands set aside under this Act in a prompt and efficient manner and assuring long-term tenancy to beneficiaries of this Act and their successors: (3) Preventing alienahon of the fee title to the lands set aside under this Act so that these lands

will always be held in trust for continued use by native Hawaiians in perpetuity; (4) Providing adequate amounts of water and supporting infrastructure, so that homestead lands will alwavs be usable and acc.essible; and

(5) Providing financial support and technical assistance to ndtive Hawaiian beneficiaries of this Act so that by pursuing strategies to enhanee eeonomie self-sufficiency and promote communitybased development, the traditions, cu!ture and quality of life of native Hawaiians shall be forever self-sustaining. . (e) In recognition of the solemn trust created by this Act, and the historical government to government relationship between the United States and the Kingdom of Hawai'i, the United Statesand the

State of Hawai'i hereby acknowledge the trust established under this Act and affirm their fiduciary duty to faithfully administer the provisions of this Act on behalf of the native Hawaiian beneficiaries of the Act. (d) Nothing in the Act shall be construed to: (1) Affect the rights of the descendants of the indigenous citizens of the Kingdom of Hawai'i to seek redress of any wrongful activities associated with the overthrow of the Kingdom of Hawai'i; or (2) Alter the obligations of the United States and

the State of Hawai'i to carry out their public trust responsibilities under Section 5 of the Admission Act to native Hawaiians and other descendants of the indigenous citizens of the Kingdom of Hawai'i."

Section 2. New statutory material is underscored. Editor's Note: In the original copy ofSB 3236, the underscoring of new material begins at the quote marks before (a) and ends with the quote marks just before the beginning of Section 2 — this section. Section 3. This Act shall take effect upon its approval by the Governor and with the consent of the United States Congress.