STAND. COM. REP. NO. 1369

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.C.R. No. 56
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Water, Land, and Hawaiian Affairs, to
which was referred S.C.R. No. 56 entitled:

     "SENATE CONCURRENT RESOLUTION URGING THE UNITED STATES
     PRESIDENT AND CONGRESS TO ASSIST IN THE PROCESS OF NATIVE
     HAWAIIAN SELF-GOVERNANCE,"

begs leave to report as follows:

     The purpose of this measure is to urge the President and
Congress of the United States of America to assist in the process
of Hawaiian self-governance.

     Your Committee finds that the community of Hawaii is now
undergoing a remarkable period of reflection and adjustment as it
reviews the history of the overthrow of the sovereign and
independent nation of Hawaii on January 17, 1893.  On that date,
the nation of Hawaii was overthrown as a direct consequence of
the United States' military committing the first overt act of
landing in Hawaii and supporting a handful of men in the takeover
of the constitutional monarchy of Hawaii in contravention to
international customary and treaty laws of that time.

     In 1898, the Joint Resolution entitled "Joint Resolution to
provide the annexing of the Hawaiian Islands to the United
States", approved July 7, 1898 (30 Stat 70), ceded absolute title
of all public lands held by the Republic of Hawaii, including the
government and crown lands of the former Kingdom of Hawaii, to
the United States, but mandated that the revenue generated from

 
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these lands be used "solely for the benefit of the inhabitants of
the Hawaiian Islands for educational and other purposes".

     The public property of the Hawaiian Islands as well as the
sovereignty transferred in 1898 became the basis upon which the
Territory of Hawaii and eventually the State of Hawaii, both
entities created by the United States Congress, assumed title
over its ceded lands and jurisdiction over the former Hawaiian
citizens and their descendants.

     On November 23, 1993, in recognition of the past wrongdoings
committed by the United States of America, United States
President William Jefferson Clinton signed into effect Public Law
103-150, a joint resolution that acknowledged the one hundredth
anniversary of the January 17, 1893, overthrow of the Kingdom of
Hawaii and that it was contrary to the laws of the United States
Constitution and international law.

     Your Committee understands the hardship and disappointment
that many Hawaiians have experienced over the ensuing years since
the overthrow in 1893.  After a century of denial, the United
States of America finally acknowledged its part in the wrongful
dispossession of a duly recognized sovereign governmental entity.

     Upon this acknowledgment, your Committee believes that the
time has come for the United States of America, the State of
Hawaii, and the Hawaiian people to move toward consummating a
healing process that will be mutually beneficial to all parties
involved.  Your Committee also believes that although the
controversies, issues, and breaches of trust that have occurred
since the annexation of Hawaii to the United States of America
are longstanding, solutions and remedies for these problems are
still attainable.  To this end, your Committee recommends that a
comprehensive approach be taken in resolving outstanding federal
and state issues involving the Hawaiian people.

     In light of these beliefs, your Committee has amended the
measure by:

     (1)  Inserting provisions that call for the Governor to
          designate an official state contact to work with the
          federal government on ceded land issues and the
          political status of Hawaiians;

     (2)  Inserting provisions that call for the completion of a
          comprehensive inventory of the public land trust;

     (3)  Inserting provisions that call for the establishment of
          a joint committee whose purpose is to resolve the issue

 
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          of past revenue owed by the State to the Office of
          Hawaiian Affairs for the use of ceded lands; and

     (4)  Adding the appropriate affected agencies to the list of
          agencies to whom copies of the measure will be
          transmitted;

     (5)  Amending the title to reflect the abovementioned
          inclusions; and

     (6)  Making technical, nonsubstantive amendments for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Water, Land, and Hawaiian Affairs that is attached
to this report, your Committee concurs with the intent and
purpose of S.C.R. No. 56, as amended herein, and recommends its
adoption in the form attached hereto as S.C.R. No. 56, S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Water, Land, and
                                   Hawaiian Affairs,



                                   ______________________________
                                   COLLEEN HANABUSA, Chair

 
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