I thank you for the time you have given me. The CHAIRMAN. The history of Waimanalo is exceedingly interesting, and I must tell you that I have learned a lot. I didn't realize that the first homes were built with wood floating in the channel. I hope that the next homes will be built with general lumber. [Applause.] The CHAIRMAN. Who is our next witness? Please identify yourselves before you proceed. Thank you. STATEMENT OF RANDALL LINDSEY, DIRECTOR, WAIMANALO Mr. LINDSEY. My name is Randall Lindsey. Good afternoon Senator Inouye and distinguished members of the panel. My name is Randall Lindsey. I am a director for the Waimanalo Hawaiian Homes Association, as well as a delegate to the State Council of Hawaiian Homestead Associations. My presentations will consist of the general problems that derive from the Hawaiian Homes Commission Act of 1920 and specifically pertain to my homestead community. This is the most important portion of our testimony because now you will be able to hear of these problems from the people who are directly affected by the Hawaiian Homes Act of 1920. According to the Hawaiian Homes Commission Act of 1920, section 203, paragraph 4, "4,000 acres, more or less" were set aside as available lands in Waimanalo. The Department of Hawaiian Homes Lands can only account for 1,880.8 acres. That's a difference of 2,119.2 acres. My question to the panel is: What happened to these lands? During my preparations for these hearings, I found some major discrepancies in the department's inventories. One reason for these discrepancies could be the use of the words "more or less." These three words have caused a lot of problems when working with land inventory, and these words are often used throughout the act. My recommendation is that an update of a complete inventory of all Hawaiian Homes Lands be made. These inventories should contain: First, a thorough description of the land; second, the name of the lessee; third, tax map key number; and, fourth, the usage of the particular parcel of land. After an inventory is completed and an exact count of homestead land is documented, then perhaps the words "more or less" can be replaced with the exact amount of acreage in question. By following this recommendation, perhaps we could identify the homestead lands already in the inventory and then we could look towards finding the rest of the lands that were lost throughout the years. In section 206 and 212 of the Hawaiian Homes Commission Act of 1920 it states that the Governor's executive order powers does not extend to Hawaiian Homes Lands. Ever since that act was written, there have been a number of land exchanges made by previous governors through their executive order powers. On December 27, 1984, Governor George Ariyoshi returned approximately 28,000 acres to the Department of Hawaiian Homes Lands inventory. Under Governor Executive Order Powers Numbers 2367, 2369, and 2370, 1,489.086 acres were returned to the Waimanalo District. In early 1985, Department of Hawaiian Homes Lands initiated a planning program to determine how best to use these lands. The Waimanalo Advisory Committee was formed to submit their recommendations on how to develop these lands. The committee submitted over 21 recommendations to the Department of Hawaiian Homes Lands. Some of these recommendations include: building a community service center, an outdoor recreation facility, preserving religious sites, as well as identifying over 5,000 possible home sites, some being multi-family units authorized in section 207 of the act. So far, there has been no visible evidence of any type of progress or action being taken upon these recommendations. Our community would like to know if we could further assist the department in the planning, construction, and/or execution of the plans already made. We would like to see those recommendations implemented to improve our community socially and economically. According to the department's 1988 annual report, there are 576 leases in the Waimanalo Homestead area and 13 of them do not have any infrastructure; therefore, 13 families cannot move on to their lots. There are some families who have been waiting for 7 years. We realize that in the end the problem comes down to a lack of money; however, there are a number of Federal laws and programs that have provisions in them for Native Hawaiian housing. I think the question is what programs we can use to fund more housing projects, but why we aren't utilizing them. I would like to recommend that we identify these programs and the proper procedures to use. From there, all we have to do is executive and follow those guidelines. These problems shouldn't have even happened, but they did. Another problem I would like to address is the waiting list. In 65 years we have managed to put 576 families on homestead land in Waimanalo, which is just an average of eight families per year. Still there are 1,400 more Native Hawaiians waiting for residential leases in Waimanalo alone. At this rate of awarding an average of eight leases per year, we are looking at a waiting period of 175 years before we can see the waiting list cleared and see these Native Hawaiians on Hawaiian Homes land. I would like to see that the original intent of the act be carried out-getting the beneficiaries off the waiting list and on the land. We have hindered rather than helped Native Hawaiians return to the land over the past 65 years. We have enough land and people to solve the waiting list problem but, again, not enough money. A long-awaited solution to this problem of lack of money might be found if the ceded lands issue is properly addressed and identified as it was originally appropriated in section 5, paragraph F, in the Admissions Act of 1959. In 1984, the ceded lands monies was worth about $200 million per year. Today, those monies still have not been fully utilized to its intent. The ceded land money is supposed to be used "for the betterment of Native Hawaiians," and it is not. If we take a long, careful look at the language of the Admissions Act, it clearly states, "Native Hawaiian, as defined in the Hawaiian Homes Commission Act." It's obvious to me that this means that ceded lands monies belongs to us homesteaders. We homesteaders are the only identified group to fit into this category. I would like to suggest that we stop debating about the money and start using it. After all, it has been 65 years since the act was passed, and nothing really substantial has been done with the ceded lands money. According to the Department of Hawaiian Homes Lands 1988 annual report, in Waimanalo there are 21 licenses, 1 church license, and 2 general leases. Of the 21 licenses, 2 of them are licenses for the Grace Pacific Corporation, which allows them to operate a quarry on Waimanalo Homestead land. I was under the impression that a company like this is supposed to be owned and controlled by a Native Hawaiian or Native Hawaiian group as described in section 207, paragraph C, of the act. It describes the conditions of leases and licenses. As of 1988, Grace Pacific has only been paying 8 percent of their gross receipts, or 36 cents per ton, for their rent. Last year, that 36 cents per ton totalled $108,107.11. This means that Grace Pacific grossed $1,297,285.32. This income could have been generated by my community and some of it could have remained in Waimanalo. To many Hawaiians in Waimanalo it seems that now the land is being taken away-literally loaded on trucks and taken away. [Laughter.] And to me, 36 cents per ton does not sound like it can rehabilitate a whole lot of people. I believe that my community would have been better off if this quarry was a homestead project run and controlled by qualified members from the homestead. This could have improved Waimanalo economically. These are the kind of things we should be looking at as long-term improvement projects. In section 202, paragraph A, of the act it describes how the Hawaiian Homes commissioners are nominated and appointed. These commissioners are qualified, competent people, but they cannot fully understand the impact they have on homesteaders because none of them actually live on a homestead. To be a commissioner means to have an 8-hour job, but to be a homesteader is a 24-hour experience. I think that the department should seek advice from the homesteader before making any critical decisions. After all, the decisions they make in one day will affect us for the rest of our lives. Another problem we have is the election procedure of the commissioners. According to section 202, paragraph A, the commissioners are "nominated and appointed in accordance with section 26-34 of the Hawaii Revised Statutes." Now, according to the Hawaii Revised Statutes, the Governor is the one who ends up choosing the commissioners. In short, the homesteaders have no say in who will control our future. I would like to see the Native Hawaiian homesteaders have some kind of control over their destiny, whether it be through an election-type of system or through direct communication with the Governor or the commissioners, or some type of mild sovereignty. Another concern we have in Waimanalo is the comparisons between the Native American Indians and the Native Hawaiians. For example, the Indian people do not pay taxes on their land. They get monthly compensation for their land. And they can control their own destinies through sovereignty. On the other hand, the Hawaiians have not achieved any of this. It also seems that the Indians qualify for more Federal programs than the Natives. Is this because they utilize their programs to the fullest? Is it because they are a separate sovereign government? Or is it because the laws were written for the Indians and later adopted by the Hawaiians? We, in Waimanalo, would like to go on record saying that we are not Native Hawaiian Indians, but we are Native Hawaiians. [Applause.] Mr. LINDSEY. We would like to have some of their privileges, but we still deserve to have our own identity. And also, we, as a Hawaiian race, can overcome these minor obstacles if we just work together. At this point I would like to suggest that this panel review the 134 recommendations made in 1983 to the Native Hawaiians Study Commission. A complete review of that report will reveal most of the problems that we still face today. A lot of the statistics and facts contained in the study pertain to us homesteaders, even though the study was not exclusively done for us. Next comes the question of a breach of trust. I am not too familiar with the trust relationships between the Federal and State governments, but I don't need to be to realize what's going on. There is no question that a breach of trust has happened. The question I would like to ask is: how can we fix this damage by this breach? Since this is the first oversight hearing being held in 65 years, I would like to propose that we keep an open channel of communication even after the hearings are over. I think it is important to realize that there are a lot of people who would like to testify but were not able to because of the logistics of these hearings. Another point I would like to make is about the potential beneficiaries on the waiting list. These people are large in numbers but do not have any form of representation. For example, Mrs. Doveline Steer has been waiting 17 years for a lease in Waimanalo. She claims she was passed by when the leases were awarded. She is only one of thousands who could be neglected during these hearings. I would like to recommend that some kind of consideration should be allowed for these people. Even though they are not homesteaders yet, they do have legitimate claims and should be allowed to voice their opinions. Under these circumstances, I feel that these people are victims rather than beneficiaries of the act. On Friday, August 11, the State Council of Hawaiian Homestead Associations will present its testimony to this panel. Representing my association, I would like to clarify our stand regarding the State Council's positions. We, as an organization, agree to support the State Council's position on all subjects, especially the 99-year lease, the blood quantum, and the self-government position. Senator Inouye and distinguished members of this panel, I have presented in my testimonial today the main, general problems that we, the Waimanalo homesteaders and potential beneficiaries, face. I have offered suggestions and recommendations of how we can achieve solutions to these problems. If we can overcome the problem of lack of communication and come together to work out these problems I have recognized today, it will surely be a great achievement and a giant step forward. In the future, the homestead organizations will be a major voice in the representation of all Hawaiians. I thank you for allowing me to speak as part of that voice. [Applause.] Thank you for your eloquence and for your recommendations. The CHAIRMAN. I can assure you right now that our lines of communications will be left open. The committee will be returning to follow up on these hearings and to have further hearings on this question of sovereignty if that be the wish of Native Hawaiians. [Applause.] Mr. LINDSEY. Thank you, Mr. Senator. The CHAIRMAN. I have here a statement from Doveline Steer. Do you want this made a part of the record? Mr. LINDSEY. The written record. The CHAIRMAN. Without objection, it will be so ordered. [Prepared statement of Ms. Steer appears in appendix.] Mr. LINDSEY. We also have a member that was supposed to have testified today but, due to uncontrollable circumstances he was unable to come. The CHAIRMAN. If that person wishes to submit a statement later, we will make it part of the record. Mr. LINDSEY. All right. Thank you, Senator. The CHAIRMAN. I assure you that. [Applause.] The CHAIRMAN. And now may I call on the representatives from Papakolea Community Homestead Association. [Applause.] STATEMENT OF BOB C. FREITAS, PRESIDENT, PAPAKOLEA Mr. FREITAS. Thank you very much, Senator. Honorable Senator Daniel K. Inouye and members of the U.S. Senate Select Committee on Indian Affairs and the U.S. House of Representatives Committee on Interior and Insular Affairs, my name is Bob Freitas. I am a Native Hawaiian of 75 percent Hawaiian blood. I have lived on the Hawaiian homelands of Papakolea since 1948. I have been active in the affairs of the Hawaiian Homes Commission Act since 1968 as president of the Papakolea Community Association for approximately 16 years, more or less. [Laughter.] |