HAWAIIAN AFFAIRS (HWN) The purview of this committee includes those programs relating to Hawaiian affairs, including but not limited to the Office of Hawaiian Affairs, Hawaiian home lands, sovereignty, and burial councils.
Highlights HAWAIIAN HOME LANDS AND HOME OWNERSHIP The Hawaiian Homes Commission Act of 1920, as amended, was passed to dedicate land and provide native Hawaiians the stability, financial equity, and economic self-sufficiency that comes from land and home ownership. Since its enactment in 1921, the Hawaiian Homes Commission Act has sought to increase native Hawaiian land and home ownership by making land title inalienable, providing adequate access to water for homestead holdings, and providing financial assistance for farming operations. This year, in order to address the thousands of beneficiaries remaining on the homestead waiting list, the Legislature passed HB2511, HD2, SD2, CD1, which appropriates $600,000,000 to develop units, purchase available lands, and provide funding for homesteaders to establish themselves in single-family homes, which is the most desirable preference among beneficiaries. This measure additionally requires the creation of a strategic report to ensure that this appropriation is both used efficiently and maximizes the number of beneficiaries assisted. In the 1898 Joint Resolution of Annexation, approximately 1,800,000 acres of crown, government, and public lands were transferred to the United States. Despite section 5(f) of the 1959 Admission Act stating that a portion of the proceeds from these lands would be used "for the betterment of the conditions of native Hawaiians," this constitutional trust obligation has not been fully upheld. In order to fulfill the State's duty to the native Hawaiian people, the Legislature has passed SB2021, SD1, HD2, CD1, which establishes $21,500,000 as the Office of Hawaiian Affairs' interim annual share of the income and proceeds of the public land trust beginning in fiscal year 2022-2023. Furthermore, to account for the income the Office of Hawaiian Affairs should have received in past years, this measure appropriates $64,000,000 immediately for use on projects to benefit native Hawaiians as the Office of Hawaiian Affairs designates. Additionally, this measure establishes a working group to account for all ceded lands in the public land trust and determine the pro rata share of income and proceeds due from the public land trust annually to the Office of Hawaiian Affairs. Beyond securing rightfully owed funds from the public land trust, the Senate passed SR110, SD1, which requests the Ka Huli Ao Center for Excellence in Native Hawaiian Law to establish a working group dedicated to returning Crown Lands to the native Hawaiian people. This working group would identify which Crown Land tax map keys should be prioritized for return first, and which entities would be responsible for managing those lands upon their return. While addressing the monetary issues facing those on the homestead waiting list, the Legislature also passed SB2623, SD2, HD2, CD1, which ensures a fair process for beneficiaries on the waiting list. This measure clarifies that any lessee who sells or transfers their interest in a
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Hawaiian Homes Commission Act lease for personal gain shall be ineligible for placement on any subsequent waiting list maintained by the Department of Hawaiian Home Lands. NATIVE HAWAIIAN COMMUNITY AND THE HAWAIIAN LANGUAGE The preservation and promotion of the Hawaiian community, culture, and language was the focus of many measures which passed this year. Three years after the 1893 overthrow of the Kingdom of Hawaii, Act 57, Laws of the Republic of Hawaii 1896, was enacted, which declared an English-only law over Hawaii's public schools and prohibited the use of Olelo Hawaii as a medium of instruction. This year, the Legislature passed HCR130, which apologizes to the native Hawaiian people for the effective prohibition of the instructional use of Olelo Hawaii and acknowledges the ramifications of the overthrow of the Kingdom of Hawaii. In order to fulfill the State's duty to the native Hawaiian people, the Legislature prioritized support of existing nonprofit organizations which provide important services for native Hawaiians. For this reason, the Legislature passed SB3357, SD2, HD2, CD1, which provides grants to non-profit organizations whose programs offer community and cultural assistance including historical preservation, business trading, entrepreneurship, and mentoring. This measure further appropriates $1,500,000 to the Department of Business, Economic Development, and Tourism to support a virtual marketplace and the creation of a physical working space and resource center. This working space will provide various services such as informational workshops, counseling, and loan assistance alongside utilities like general broadband access. An additional $500,000 is appropriated to the Department of Land and Natural Resources for the repatriation and reburial of Native Hawaiian remains. When discussing Hawaiian affairs, the voices of the affected people are critical. To ensure all voices are heard, the Senate passed SR45, SD1, which designates the Waianae Moku Kupuna Council as an advisory resource to relevant elected members representing the Waianae Moku community. This measure requests these elected members to meet regularly with the Waianae Moku Kupuna Council to receive input on various issues that are of importance to the community. The Legislature acknowledges Olelo Hawaii as Hawaii's indigenous and first language as well as the first language of Hawaii's executive, judicial, and legislative branches. In order to preserve this language and properly represent it in government, the Legislature passed HB2491, HD2, SD2, CD1, which establishes a spelling and punctuation standard for names and words in Olelo Hawaii. This standard will be created through a combination of sources primarily consisting of consultations from members of the Hawaiian-speaking language community, including native speakers and Hawaiian publications such as Hawaiian dictionaries and newspapers. To start, this measure requires names or words in Olelo Hawaii on letterheads prepared by or for state or county agencies to adhere to this new standard. HAWAIIAN HISTORICAL AND CULTURAL RECOGNITION Hula is a centuries-old dance form with a rich cultural and spiritual background. To preserve this important part of Hawaiian culture, the Senate passed SCR121; SR108, which urges both county and state governments to work with Huamakahikina and Kumu Hula to establish new Page 48
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hula policy. These policies would address the insufficient protection of Kumu Hula intellectual property rights and Hula misrepresentation that has spread through popular media, which includes incorrect choreography, designs, and lexicons, that perpetuates the misappropriation and abuse of the art form. These policies would also support increased public funding for Hula and Hula facilities. In 1843, King Kamehameha III established La Hoihoi Ea, also known as Restoration Day, as the first national holiday in the Hawaiian Kingdom which was traditionally celebrated on July 31. To bring more awareness to Hawaiian culture and the accomplishments of King Kamehameha III, the Legislature passed HB2475, HD1, SD1, CD1, which establishes July 31 of each year as La Hoihoi Ea. The purpose of this day is to recognize the accomplishments of King Kamehameha III in restoring the sovereignty of the Kingdom of Hawaii and to honor upstanding members of the Hawaiian community.
Bills Passed CULTURAL AND COMMUNITY RECOGNITION Grants for Nonprofit Organizations; Native Hawaiian Communities; Appropriation. (SB3357, SD2, HD2, CD1) Provides grants to federal tax-exempt nonprofit organizations whose programs offer community and cultural assistance to Native Hawaiians including historical preservation, business trading, entrepreneurship, and mentoring. Appropriates $1,500,000 out of general revenues for fiscal year 2022-2023 to the Department of Business, Economic Development, and Tourism to support a virtual marketplace and for the creation of a physical co-working space and resource center that provides workshops, counseling, loan assistance, and broadband access. Appropriates $500,000 out of general revenues for fiscal year 2022-2023 to the Department of Land and Natural Resources for the repatriation and reburial of Native Hawaiian remains. Hawaiian Language; Official Website; Letterhead. (HB2491, HD2, SD2, CD1) Beginning July 1, 2023, requires names or words in the Hawaiian language on letterheads prepared by or for state or county agencies to be used and spelled consistently. Establishes consistency guidelines. Requires the Governor, Lieutenant Governor, State legislators, and heads of the principal departments to prominently display a Hawaiian translation of the name of their respective office or department at least once on the main page of their official website and in the letterhead of their stationery. La Hoihoi Ea; Restoration Day. (HB2475, HD1, SD1, CD1) Establishes July 31 of each year as La Hoihoi Ea to recognize the accomplishments of King Kamehameha III and honor members of the Hawaiian Community. Clarifies that La Hoihoi Ea is not a state holiday. HAWAIIAN HOME LANDS Geothermal Resources on Hawaiian Lands. (SB3195, SD2, HD1, CD1) Appropriates $500,000 out of the general revenues for fiscal year 2022-2023 to the Department of Hawaiian Home Lands to fund the investigation, exploration, and identification of geothermal resources on Hawaiian home lands.
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Infrastructure Maintenance; Counties; Department of Hawaiian Home Lands. (SB879, SD1, HD2, CD1) Establishes that infrastructure for any housing development for the Department of Hawaiian Home Lands shall be maintained by the county where the housing development is located instead of being maintained by the Department of Hawaiian Home Lands. Clarifies that the duty of maintenance shall be with the county after sixty days of receipt by the appropriate county agency of a completed application for maintenance provided that fees and utility costs have been paid, the infrastructure conforms to applicable county standards, the infrastructure is adjacent to infrastructure maintained by the county, and the infrastructure improvements are approved by the county. Defines "infrastructure". Invasive Species; Gorse; Mauna Kea; Pilot Program; Appropriation. (HB1179, HD1, SD1, CD1) Establishes a pilot program within the Aina Mauna Legacy program to remove and harvest gorse from Mauna Kea and develop it as a marketable product. Requires the program to report to the Legislature prior to the Regular Sessions of 2023, 2024, 2025, and 2026. Appropriates $500,000 in general revenues for fiscal year 2022-2023 to the Department of Hawaiian Home Lands for the establishment of the pilot program. Office of Hawaiian Affairs; Public Land Trust Share; Working Group; Appropriation. (SB2021, SD1, HD2, CD1) Establishes $21,500,000 as the Office of Hawaiian Affairs' interim annual share of the income and proceeds of the public land trust beginning in fiscal year 2022-2023. Establishes a working group to account for all ceded lands in the public land trust inventory, all income and proceeds from the public land trust, and subsequently determine the twenty percent pro rata share of income and proceeds from the land trust due annually to the Office of Hawaiian Affairs. Appropriates $64,000,000 to the Office of Hawaiian Affairs to pay for a portion of the income and proceeds from the public land trust that the Office of Hawaiian Affairs should have received. HAWAIIAN HOMES COMMISSION ACT Department of Hawaiian Home Lands; Strategic Plan; Appropriation. (HB2511, HD2, SD2, CD1) Appropriates $600,000,000 out of the general revenues for fiscal year 2021-2022 to the Department of Hawaiian Home Lands to develop lots or units, purchase available land or units, provide funding for applicants on the waiting list, and provide mortgage and rental subsidies to applicants on the waiting list, among other related expenses. Requires the Department of Hawaiian Home Lands to develop a strategic plan to address the applicant preference issue of applicants primarily wanting single-family homes. Requires the Department to submit the strategic plan to the Legislature prior to December 10, 2022. Requires the Department to submit an annual report to the Legislature on expenditures and the number of beneficiaries on the waiting list assisted. Hawaiian Homes Commission Act; Sale or Transfer of Leases; Waiting List. (SB2623, SD2, HD2, CD1) Clarifies that any lessee who sells or transfers their interest in a Hawaiian Homes Commission Act lease for personal gain shall be ineligible for placement on any subsequent waiting list maintained by the Department of Hawaiian Home Lands to receive a home land lease.
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Resolutions Adopted Adult Cannabis Use Program; Social Equity; Hawaiian Home Lands. (SR139, SD1) Requests the Drug Policy Forum of Hawaii to prepare a comprehensive report on social equity programs in the context of regulated adult use cannabis program in various U.S. states and local governments by November 1, 2022. Requests the Department of Health's Office of Medical Cannabis Control and Regulation to prepare a comprehensive report on how to include existing legal growers and hemp licensees, including Kanaka Maoli and those on Hawaiian home lands, as eligible to test and sell cannabis and hemp directly to other patients or to licensed dispensaries by November 1, 2022. Coastal Zone Management Plan; Consultation; Native Hawaiians. (SR164, SD1) Urges the Department of Business, Economic Development, and Tourism's Office of Planning and Sustainable Development to develop a consultation implementation plan to include the Native Hawaiian community's consultation on cultural resources, practices, and knowledge concerning ocean policy in its Coastal Zone Management Plan, while making a commitment to support and engage the Native Hawaiian people and recognize their status as the indigenous peoples of the State and an equitable partner in ocean planning. Requests the Office of Planning and Sustainable Development to adopt certain policy statements that support the consultation, trust, respect, and equal exchange with the Native Hawaiian people as well as requesting that the Hawaii State Aha Moku be a partner and consulted on regarding traditional practices. Requests the Office of Planning and Sustainable Development to report to the Legislature prior to the Regular Session of 2023. Co-Stewardship of Wahi Kupuna; Native Hawaiian Community. (SR83) Urges the United States government to support the co-stewardship of wahi kupuna, significant ancestral locations, with the Native Hawaiian community regarding lands under federal, state, and local government authority. Requests the Association of Hawaiian Civic Clubs and its partner organizations to identify and prioritize wahi kupuna and initiate discussions urging co-stewardship between landowners and the Native Hawaiian community. Urges federal, state, and local government authorities to consult with the Native Hawaiian community in development of their resource management plans and co-stewardship models and agreements to preserve wahi kupuna, educate the general community on Native Hawaiian traditions and practices, advocate cultural awareness, and implement and maintain the Native Hawaiian community presence in the area. Disaggregated Data on Native Hawaiians; Presidential Directive; Office of Management and Budget Statistical Policy Directive No. 15. (SR82) Urges the President of the United States to issue a presidential directive ordering federal agencies to report disaggregated Native Hawaiians and Pacific Islander data in compliance with the Office of Management and Budget Statistical Policy Directive No. 15. Urges a presidential directive to order federal agencies to fully comply with the Office of Management and Budget Statistical Policy Directive No. 15. Hawaiian Community Health Disparity. (SR141, SD1) Requests that all executive departments review their policies and prioritize the goal of adopting state policy assuring that savings realized by the State through the Federal Medical Assistance Percentage adjustment for Native Hawaiians is used to address health disparities experienced by Hawaiian communities.
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Hawaiian Home Lands; Waiting List; Low Income Assistance. (SR9, SD1) Requests the Department of Hawaiian Home Lands to implement programs that would support very low-income beneficiaries. Requests that the Department of Hawaiian Home Lands consider awarding vacant land leases on every island which could be used to live in approved temporary structures with an approved wastewater treatment system, duplicating the Puuhonua O Waianae model, and providing rental, mortgage, and down payment assistance to beneficiaries as potential solutions. Hawaiian Home Lands Enforcement Division; Police Powers. (SCR46, SD1; SR41, SD1) Requests the Department of Hawaiian Home Lands to conduct a feasibility study for the creation of an enforcement division with police powers within the Department of Hawaiian Home Lands. Requests a report to the Legislature prior to the Regular Session of 2023. Hawaiian Home Lands Recovery Act; United States Obligations. (SR81, SD1) Urges the United States to satisfy its obligation under the Hawaiian Home Lands Recovery Act to the Department of Hawaiian Home Lands and the Hawaiian Home Lands Trust by transferring certain federal lands to the Department of Hawaiian Home Lands in a timely manner. Requests Hawaii's congressional delegation to seek amendments to the Hawaiian Home Lands Recovery Act or enact other legislation to authorize compensation for continued lost use of federally held lands set aside under the Hawaiian Homes Commission Act. Hawaiian Language; Apology. (HCR130) Apologizes to the Native Hawaiian people for the effective prohibition of the instructional use of Olelo Hawaii in Hawaii schools from 1896 to 1986. Commits to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii and to address the historical and contemporary issues between the United States of American and the Native Hawaiian people. Kau Water System; Progress Report. (SR42, SD1) Requests the Department of Hawaiian Home Lands in conjunction with the County of Hawaii Department of Water Supply to provide a progress report regarding the development of the Kau water system on Hawaiian home lands. Requests the progress report be submitted to the Legislature by June 30, 2022. Kumu Hula; Huamakahikina; Hula Policies and Resources. (SCR121; SR108) Urges the counties and state government to work with Huamakahikina and Kumu Hula to establish new hula policy and increase public funding and facilities to address the cultural misappropriation, exploitation, and abuse of hula by those who teach hula without being acknowledged as Kumu Hula, as well as the spread of incorrect choreography, designs, and lexicons. Return of Crown Lands Working Group. (SR110, SD1) Requests the Ka Huli Ao Center for Excellence in Native Hawaiian Law to establish a working group on returning Crown Lands to Native Hawaiians. Requests the Crown Lands Working Group to identify which Crown Land tax map keys should be prioritized for return and which entities should be responsible for the management of those lands. Requests a report to the Legislature prior to the Regular Session of 2023. Waianae Moku Kupuna Council; Advisory Resource. (SR45, SD1) Designates the Waianae Moku Kupuna Council as an advisory resource to its elected members representing the Waianae Moku community. Requests elected members of the Legislature representing the Waianae Moku community to meet with the Waianae Moku Kupuna Council regularly to receive input on various issues that are of importance to the Waianae Moku community. Page 52
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