Ka Wai Ola - Office of Hawaiian Affairs, Volume 10, Number 4, 1 April 1993 — The abuse, misuse and theft of the Hawaiian lands trust [ARTICLE+ILLUSTRATION]

The abuse, misuse and theft of the Hawaiian lands trust

by Rowena Akana Trustee-at-large For the last 100 years, the Hawaiian lands trust — ceded and Hawaiian Homes — has been

impoverished through executive orders, lands swaps, sales and theft. With eaeh change of government trusteeship were agreements to provide for the needs of the land's inhabitants: the Hawaiians. Eaeh trustee government,

in turn, has thoroughly mismanaged the inhabitants' land. Military In 1959, when the Admissions Act turned responsibility for the remaining 1.5 million acres of ceded lands over to the new State of Hawai'i, the federal government "retained" several hundred thousand acres for its national parks and military instillations. Today, more than 100 facilities crowd the eight Hawaiian islands, a land area approximately the size of Rhode Island and Connecticut combined. All the military bases occupy ceded lands, and at least six occupy — without consent or compensation

— Hawaiian Home Lands. Among those, Pōhakuloa on the Big Island is an Army training eamp, Lualualei in Wai'anae is a Navy target range and Kekaha on

i Kaua'i is a Navy I ammunitions dump. Kaho'olawe was I set aside by a presiI dential order, with I the stipulation that the military later clear it of ordnance and return it to human use. Today, the Target Island remains bomb-rich

and human-poor — despite its placement on the National Register of Historic Places. Department of Hawaiian Home Lands The Department of Hawaiian Home Lands estimates territorial and state governors issued between 40 and 60 executive orders setting aside Hawaiian Home Lands for military use. In 1978, a federal district court ruled all the governors' executive orders were illegal. In 1984, Gov. Ariyoshi rescinded nearly 30 of these illegal deals, covering some 30,000 acres. The state Attorney General, meanwhile, decreed the

U.S. Navy's occupation of 1,400 acres of prime homelands near Honolulu to be a "fundamental breach of trust." But, rather than evict the offending land users — whieh include state and federal agencies — DHHL opted for monetary settlements totaling less than $10 million. However, the department keeps some Hawaiians from settling lands it awarded because the state has yet to install utilities, roads and water as required. Until recently, DHHL's main source of funding to manage and improve the land was the general use leases it granted nonHawaiians on land "not immediately needed" for homesteading.

Consequently, DHHL leased twice as mueh land to nonHawaiians as to Hawaiians. Meanwhile, there are an esti-

mated 14,400 qualified applicants in the Hawaiian Homes waiting list, many of whom have waited for 40 years or more. Many more died waiting. Department of Land and Natural Resources For the state's first 20 years, the Department of Land and Natural Resources managed ceded lands without scrutiny. Among other abuses, DLNR allowed use of ceded lands by other state departments without adequate compensation, and it executed a slew of summary land

swaps. For example, the land between Hanauma Bay and Waimānalo — onee Hawaiian Home Land — now belongs to just about everyone but Hawaiians. In fact, the department's first ceded Iand inventory eame from the state's legislative auditor in 1986. A few examples of oeeupations without compensation: Hilo Munieipal Golf Course. Maui's Waiehu Golf Course, Kaua'i's Wailua Golf Course, Ala Wai Golf Course, Sand Island, Ala Moana Beach Park, Kapi'olani Park and its rentals, Honolulu Harbor, Kahului Harbor, Kewalo Basin, Ke'ehi Lagoon, Honolulu International

Airport, General Lyman Field, Moloka'i Airport and the University of Hawai'i. All oeeupy in part or in total ceded and/or Hawaiian Home lands — at the expense of Hawaiians and native Hawaiians. When will this sickening litany

of abuse, misuse and fraud end? When will the state or federal govemment keep a promise to the Hawaiian people? When will others stop managing our affairs in their interest, stop taking for theirs that whieh they agreed in writing was ours and stop actively campaigning against any meaningful resolution to our plight?

"For the last 100 years, the Hawaiian lands trust — ceded and Hawaiian Homes — has been impoverished through executive orders, lands swaps, sales and theft."

"When will others stop managing our affairs in their interest, stop taking for theirs that whieh they agreed in writing was ours and stop actively campaigning against any meaningful resolution to our plight?"