THE SENATE

S.R. NO.

103

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 
   


SENATE RESOLUTION

 

URGING alternative dispute resolution TO COMPLETE THE ASSESSMENT AND SETTLEMENT OF NATIVE HAWAIIAN INDIVIDUAL TRUST CLAIMS.

 

WHEREAS, the Hawaiian Homes Commission Act of 1920 (HHCA) set aside lands for homesteading and rehabilitation of native Hawaiians with fifty per cent or more Hawaiian blood; and

WHEREAS, the Admission Act (1959) granted from the United States to the State of Hawaii title to HHCA lands, to be held in public trust for the betterment of the conditions of native Hawaiians; and

WHEREAS, the enactment of chapter 674, Hawaii Revised Statutes (HRS), relating to individual claims resolution under the Hawaiian Home Lands Trust, was a recognition of the State's breach of its fiduciary trust obligation to individual beneficiaries during the period August 21, 1959, to June 30, 1988; and

WHEREAS, chapter 674, HRS, is intended to provide equitable or monetary relief, or both, to make whole the beneficiaries for the breaches of trust, by allowing beneficiaries to sue for damages; and

WHEREAS, the individual claims review panel (panel) under chapter 674, HRS, was created to review and evaluate claims for breach of trust, and to make recommendations to the Legislature for monetary or corrective action to redress wrongs from those breaches; and

WHEREAS, during the panel's existence from 1991 to 1999, a total of 2,721 claims were submitted to the panel, which: (1) recommended settlement of 469 claims totaling $17,970,822.74, which has not been appropriated by the Legislature; (2) rejected 874 claims; and (3) left 1,376 claims to review; and

WHEREAS, then Governor Cayetano vetoed a measure in 1999 that would have extended the life of the panel; and

WHEREAS, the current Governor and the Chairperson of the Hawaiian Homes Commission, have firmly stated their resolve to complete the processing of the claims evaluation process; and

WHEREAS, there are 1,376 claims remaining unresolved today, which the Legislature recognizes as an urgency; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, that the Governor is urged to direct the Department of Hawaiian Home Lands to engage in an appropriate alternative dispute resolution process to fairly and expeditiously complete the assessment and settlement of native Hawaiian individual trust claims; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, the Chairperson of the Hawaiian Homes Commission, and the Native Hawaiian Legal Corporation.

Report Title:

Appointment of Special Master to Settle Individual Trust Claims