Ka Wai Ola - Office of Hawaiian Affairs, Volume 10, Number 1, 1 January 1993 — Land Claims [ARTICLE]

Land Claims

Native Hawaiian Claims Settlement Act

When the United States betrayed its treaty relations with the Kingdom of Hawai'i 100 years ago, it stole more than a government and land. It stole the opportunity for self-determination, and it stole nearly two million acres of land belonging to the native people of the Kingdom of Hawai'i. This draft bill would settle claims that Native Hawaiians have against the U.S. arising out of the overthrow of Queen Lili'uokalani in 1893, including the loss of Kingdom lands and the right of self-govemance. It also would settle

This draft bill woulā settle claims that Native Hawaiians have against the U.S. arising out ofthe overthrow of Queen Lili'uokalani in 1893.

claims against the state of Hawai'i with respect to these same lands turned over to the state at Statehood. For purposes of the legislation. "crown lands" are defined as those held in trust by the monarchs of the Kingdompriorto 1893. "Govemmenf ' lands are those set aside by King Kamehameha III as public lands. The draft bill provides: • All lands (including submerged lands) gained by the Federal govemment as a result of the overthrow be retumed to the Native Hawaiian Govemment, to be held in tmst for the benefit of Native Hawaiians. • Military lands needed for national security be leased back to the U.S. at fair market value. • Joint management and leaseback agreements of national parks on Hawaiian lands. • Existing valid leases would be preserved and honored. • Nati ve Ha waiian Government would

be co-manager of its lands, including authority to lease or exchange lands, issue allotments, assignments, leaseholds or homesteads to Native Hawaiians.

• As damages for its part in the overthrow, and for the illegal taking and 100-year use of Kingdom lands, the draft bill provides for a payment by United States of $10 billion. Payment would be made to the Native Hawaiian Govemment, and would be Iimited to use for any governing purpose: payments to individuals from the corpus of the trust would be precluded. • Draft bill exempts from state and federal taxes all ineome derived from properties transferred to the Native Hawaiian Government and held in txust for Native Hawaiians.

At the state level, the draft bill provides the following: • Hawaiian Home Lands Tmst lands, and the equivalent of 20 percent of the lands no w held by Hawai 'i whieh were Crown and government lands in 1893, would be turned over to the Native Hawaiian Govemment, subject to the same provisions as federal lands. • State to pay Native Hawaiian Govemment 20 percent of revenues generated from activities on public lands retained by state.

• By providing lands and compensation, state would relieve itself of existing obligations regarding Hawaiian Home Lands Tmst. The draft bill also would waive all other outstanding claims against the U.S. and the state of Hawai'i by Native Hawaiians only when all land transfers and cash payments detailed in the bill

are received by the Native Hawaiian Government. Its provisions would not affect federal and state programs, services or other benefits that Native Hawaiians otherwise are entitled to as Native Americans, or as citizens of the U.S. and the state of Hawai'i. ■

The draft bill provides that all ... lands (including submerged Iands), gained by the Federal government as a result ofthe overīhrow, be returned to the Native Hawaiian Government.

As damages for its part in the overthrow, andfor the illegal taking and use ofthe Kindom lands, the draft bill provides for a payment by the United States of$10 hillion.