Mary Holeman Post Office Box 762 Honorable Daniel K. Inouye Senate Select Committee on Indian Affairs 300 Ala Moana Boulevard Honolulu, Hawaii 96850 Dear Senator Inouye: Although I will not be here to tesitfy before your Committee next week, I'd like to point out: Your February 1988 "Report to Hawaii" lists $156,000 spent for "research into development of diversified agricultural crops for rural areas in Hawaii." Also, $2.4 million was given to the Hawaii Natural Energy Institute. Why don't you combine these efforts in pilot projects on Hawaiian Home lands? Right now Hawaii is dependent on imported oil and food. Did you know that we even import taro? A century ago, ships used to make port in Hawaii to be supplied for months at sea. Then, Hawaii exported rice, potatoes, and vegetables. By taking some bold steps to link these on-going efforts you could move Hawaii toward producing its own food again and in developing energy independence for the 21st century. With pilot projects on Hawaiian Home lands you could combine your interest in natural energy with diversified agriculture as well as help to settle the many native Hawaiians waiting for their land. Remember, Hawaiian Homelands are exempt from county codes, so such pilot projects could also lessen the DHHL's infrastructure "porkbarrel politics" problems. Moreover, native Hawaiians could participate in experimental communities living with energy systems of the future and growing diversified crops. 1. The Waimanalo Sewer Connection Requirements of the Department of Hawaiian Homes and the City and County of Honolulu. 2. 3. Real Property Tax assessment on Hawaiian Home Lands by the Water assessment on Hawaiian Home Lands by the City and Dear Senator Inouye, honorary members of the Senate Select Committee on Indian Affairs: Aloha, Ka kou (Greetings to each of you.) I am at this time sending to each of you, my signed affidavit, recorded and documented dated July 20, 1989, to give you ample time to review the documents, that I am presenting at the hearings and that I feel is very important in regards to the issues. Mahalo, (Thank you) Papa Inn Senate Committee. July 20, 1989 The City and County of Honolulu is in violation of the State Constitution, of the Hawaii Admissions Act of 1959. Section 4 and Section 5 (f) The Hawaiian Organic Act Section 91 The Joint Resolution Section 171.2 The County, by imposing assessments for water and Sewerage violates Section 4 and Section 5 (f). Under Section 4, it contains the provision of encumbrance. The water and sewerage relates to each other. The water issue which was amended, that allowed the Commissioners to negotiate with the County even if it is on Hawaiian Home lands, areassessing the lessee's for water, that is wrong. Because, that is income from available lands if it is an income, it shall go into the 5 (f) fund for the betterment of the native Hawaiians and not into the public trust fund of the County of Honolulu. My question is, who have the Authority and/ or jurisdiction to increase the encumbrance on Hawaiian home lands? Is it the County? My answer to that is no. It says it is the State because of the amendment. That is the problem the County will have to face Anytime anyone deals with the encumbrance it will be is, who have the authority to handle the increase. The question again is, was it correct or incorrect? legislation, the State had no authority to give the County the authority to increase or decrease the encumbrance on Hawaiian home lands. In section'4 it clearly states: No one can alter or amend the encumbrance, because it is an income from the land, that goes only into one place, and thats into section 5 (f) which distributes it for the betterment of the native Hawaiians and for the 5 purposes of section 4 of the Hawaii Admissions Act. If the encumbrance is forced elsewhere, how can the 5 purposes be accomplished, for the betterment of the native Hawaiians, if it does not recieve its due income as required by the Hawaii Admissions Act of 1959? That income diverted from the lands is the native rights to the 5 (f), where is it? Thats the question, it con -tridicts the statement that is in the Constitution, that all the money shall be diverted to Hawaiian home lands for the betterment of the native Hawaiians Senate Committee July 20, 1989 revenues When they divert water, highway, parks or any from Hawaiian home lands, all that money is to go into the fund for the betterment of the native Hawaiians and nowhere else. Now, here is the impact of the contridiction. The Commissioners having the authority to lease out Hawaiian home lands under section 206 to native Hawaiians and / or non-Hawaiians which is the public, for utilities, parks, ect. where in there that that money they divert income from, where does it go? Do they have a share in that? do they recieve any revenues or portion of revenues? the answer is yes. In the State Constitution, it states, it has to go to the betterment of the native Hawaiians, Therefore, it shows the contridiction of the section, that says they are allowed to issue license and yet the Constitution says, anything that is diverted from the lands which is the income, is for the better -ment of the native Hawaiians. One section it states this the other section it states that, which creates problems for the State and the County especially if the homework is not tended to. They the County and the State don't seem to understand the violations that has been committed against the native Hawaiians, because of the misunderstanding of the Act therefore, creates unneccessary hardships on the native Hawaiians for decades. that I am talking about money diverted from the 5 (f). The department of Hawaiian homes was incorporate with the public lands under section 5 (f), the public trust lands and 204, and 204 is Hawaiian home lands was incorporate to section 5(f). The lawyers knows that or do they. They seem to have a problem regarding the issue, they are saying that the issue does not apply to Hawaiian home lands, its ridiculous it clear -ly says the lands are all diverted from Section 204 and public trust lands all goes under Section 5 (f) b and c, thats Hawaiian homes that they are talking about, 204 the public trust lands, They know what I am saying, because of the tax issue. The County were given an ultimatum of 10 days on May 23, 1989 to respond and to this day failed to heed the request. I Believe that they will not respond, because they know that they have committed wrongdoings to the native Hawaiians and know that they are liable for it. Senate Committee Subject: Real property tax assessments on Hawaiian Home Lands imposed by the City and County of Honolulu. The primary concern addressed to me in their September 12, 1989 memorandum appears to be the assessment of all property tax for the island of Oahu, or for that matter Counties in the State of Hawaii that relates to public and private property only, certainly, not on Hawaiian Home Lands. real all or because Hawaiian private In their memo dated as above, it has been accorded that appears to be unusual treatment by both the legislature and the edifiers, so that its status is obscure, confusion arises of Section 171.2 of the Joint Resolution, which defines Home Lands as distinct and separate from public and / or lands. Section 91, of the Hawaiian Organic Act indicates that the United States relinquished the absolute fee and ownership prior to the admission of Hawaii as a state of the United States unless, subsequently placed under the Department of Land and Resources and given the status of public lands, then and only then State and County laws is applicable, in accordance to the State Constitution, the Hawaiian Homes Commission Act of 1920 as amended. or other laws. Natural Section 4, of the Hawaii Admissions Act 1959 indicates The encumbrances authorized to be placed on Hawaiian Home Lands by officers, other than those charged with the administration of said Act, shall not be increased, except with the consent of the United States. Therefore, by assessing we the lessess's of Hawaiian Home Lands the beneficiaries of the trust, of water, sewerage and taxation illegally, the State of Hawaii (TRUST TO THE TRUST) and the City and County of Honolulu and in conspiracy, altered and amended the encumbrance of Section 4, of the Admissions Act of 1959, without the authorization of the United States. (1) lands (2) (3) (4) In the State Constitution it states: Article 12 Section 1, that the monies diverted from those of the Article 12 Section 2, that it made a compact with |