In 1959, when the State of Hawaiʻi was created by the USA, something happened that had never occurred before and has never happened again.
Unlike other U.S. states, who received their allocation of land for “public” uses, Hawaiʻi was given its state lands for the “public” and also for the “betterment of the conditions of native Hawaiians.”
By the federal definition, “native Hawaiian” meant that only those who could prove by the white man’s palapala (documentation) that they had 50% or more Hawaiian blood, were considered Hawaiian!
That racial classification did not include Native Hawaiians who were later defined in federal legislation as persons of Hawaiian ancestry without regard to blood quantum. Native Hawaiian health, education, and services in other critical areas for all Hawaiians are funded through federal U.S. legislation. However, land rights – including rights to ceded lands and Hawaiian Home Lands – were EXCLUDED.
This is why today most Native Hawaiians cannot qualify for Hawaiian Home Lands – it’s because they don’t have enough “native blood” to qualify for a home on their ʻāina hānau!
Where are we today? Thousands have died waiting for homesteads. And DHHL’s list currently exceeds 29,000. OHA, the leading state agency for Native Hawaiians, has not gone to court for an inventory.
Hawaiians are not the only victims of the state’s failure to inventory ceded land trust assets. The public has also been denied its right as public trust beneficiaries to have the ceded lands and assets inventoried and reserved for public needs and uses. It’s important to note that the Hawaiʻi ceded land trust inventory also includes the submerged lands (shoals, reefs and atolls) as well as minerals, fisheries, and the natural biodiversity of both our lands and seas.
Since its creation in 1978, OHA has not been able to obtain an inventory of our people’s land base and other assets. OHA tried years ago but was only able to identify ceded lands on two islands – Kauaʻi and Lānaʻi – the two islands with the least ceded lands acreage. OHA could never complete a statewide inventory because it has been unable to obtain the necessary data and maps from other agencies (state, federal and county).
Where is OHA today? For years I have tried to get the Board of Trustees to file legal action against the state and the U.S. to obtain a comprehensive ceded land trust inventory.
The only way we can assess and address public trust assets is to seek the help of the courts to compel and mandate the state (and its agencies) and the U.S. (including the military) to participate in the inventory. The first legal obligation of all trustees is to identify and inventory all assets including lands, investment portfolios, and resources (including renewable energy resources).
This is the third time I have served on OHA’s board of trustees. For the last six months I have requested that the board put the critical need for a ceded land inventory on its agenda for a full discussion and vote, and so that our beneficiaries can be included, but I have not been able to secure their support. Instead, I was told that the inventory issue will cause “pilikia” with others in the state and it’s not a good thing to do in an election year!
I disagree. While OHA ignores its legal obligation to inventory ceded lands, we are losing thousands of acres. Kahoʻolawe, Mākua Valley and Pāheʻeheʻe Ridge are only a few examples of DHHL and ceded lands that are toxic and unusable for growing food, building housing or cultural practices. OHA has attorneys capable of undertaking this case, but it appears we do not want any “pilikia.”
E kala mai. Due to an editorial error we made last month we are publishing this corrected version of Trustee Trask’s August column.
