you this afternoon to place some input into this problem of the Department of Hawaiian Home Lands.

It has been a policy of the council for a number of years to be involved in the betterment of conditions for Native Hawaiians and, of course, the Department of Hawaiian Home Lands has been one of those issues. As a matter of fact, several members of the council have volunteered to serve during the period that is being discussed here at this time, the acceleration.

I'd like to say in response to some of the criticisms that I have just heard that the acceleration program was the end result of the Federal-State Task Force, and that was carried out with the belief that funding in the amount of $25 million by the Federal Government and the State Government would take place. Of course, that never happened. It proved to those of us who served as commissioners to be a frustrating experience because the pressures that you hear about and so eloquently expressed just before me about the shortage of good land is really true. We're working with a problem. to which there is no answer. We have no land on this island to speak of for homes or really for farming.

We had a parcel of Executive ordered at Lualualei-some 1,500 acres. We're told now by the Navy Department Legal Office that the statute of limitations has now run its course since Statehood and we are unable to get this property back. It has significant military value. What about all the excess military land laying idle on this island? Can't they exchange some of that land for that purpose to relieve some of the real problems which you are listening today? It is very good that you are here after a long period of time, 69 years, to listen to the real heartbreakers that many people experience while waiting for lands. Several of the aged Hawaiians on the Big Island have been waiting since 1952. I met a man yesterday who has been waiting since 1951. That's a long time to wait for something that has been promised.

Although the Hawaiian Homes Act was never really intended to do very much more for the Native Hawaiians than possibly have been done, because just two inter-marriages would have deprived the Native Hawaiian of his birthright.

If we try to understand the mentality of what happened at that time, it seems like the Native Hawaiian-according to the statistics from 1890 to 1900 had about 37,000 Hawaiians. We have estimates that there were probably 800,000 of them at the time Captain Cook came, by one report. So you find this great demise due to disease and other reasons. They were not expected to live very long, so 50 percent would be the criteria. Of course, when the bill was first put in it said no blood quantum, and then it went to 32 or 4 then 8, and they finally settled on 2. But that shows that it hasn't worked. For 60 years only about 3,000 people got on the homelands. Roughly 50 lots were allocated each year.

Now, if we members of the commission continued under that policy, it would have taken another 180 years to put the 9,000 applicants who were on the list at that time, and today there are 19,500. So we are faced with a real big problem.

The council goes on record as supporting the Federal-State Task Force of 1983-particularly as regards parcelling out the property. It was felt at that time: Why should we land bank all of this land?

Our job was to disperse it to the beneficiaries, which is what was done. It wasn't done perfectly. They called in all the staff, they cut up the land, and they awarded it with rough roads. All of that is true. But the other part of the agreement for $25 million to help start this work never came to pass either with the State or the Federal Government.

Several times in the past the reparations issue has been raised. The Congress of the United States in the U.S. Senate have twice approved $1 billion for Native Hawaiians for reparations for the overthrow of 1893. And that would be in compensation, I guess, for the loss of lands and termination. That has been unsatisfactory. However, as late as 1985 another proposal was circulated amongst the island community for that purpose for the same amount of money and again termination. In place of the constant offer to the Native Hawaiians for $1 billion in reparations that the Congress saw fit to guarantee to the Hawaiian Home Lands Department $1 billion in loans so that these people can get on the land? That is the question that some of us would like to know if the Congress would consider-I know Representative Blaz has said that money is out of the question, but money is the only thing that is going to make this work, and it is long overdue.

We had a treaty in 1887 that was good for us. It was for 7 years. It would have expired in 1894. It was for the use of Pearl Harbor. It was called a reciprocity treaty. Actually, what happened was that in 1893 a U.S. war ship was present. The Boston landed American troops. They were at the government building when an American read a dethroning proclamation. We think for that injury that something should be done, and since that time all of that Federal land has been used for free. In compensation, we feel that something should be done in return for the Native Hawaiian. After all, it is his homeland and it should be recognized as such.

The wonder for all of us is this: How could something like that happen in the first place? And now today how can we perpetuate it for so long? What is the direction now? Why cannot the Native Hawaiians get justice and recognition in his homeland for the very basics of a home? So we're asking if the Congress can consider if, rather than continuing to offer us $1 billion in reparations which is inadequate especially when it would take to put 10,000 Hawaiians on the land between $30,000 and $40,000 for infrastructure and a home of about $60,000. That's $90,000 to $95,000 for 10,000 people. There are about 270,000 Hawaiians throughout, so many Hawaiians are not going to have a home. But for that group perhaps we can do something. So we are asking you on their behalf to look at those proposals. We will be submitting something like that to your staff for you to review in detail. It is fairly lengthy.

There is one other subject, though. This is valid at this time particularly for funding, because the resources here are being stretched. Maybe you are aware that water is being stretched-the purity and the availability of it. The fear is that with this ongoing development-and there is a lot of development-the Native Hawaiian has always been standing around for years and years and years, and yet other development will get approval to go ahead and use that limited water supply. The game seems to be who gets there first to the shrinking water supply is going to get it. And I

would hate to see the Native Hawaiian waiting to get his building and find out some day-as you all know in Hawaii, before you build anything you go to the Water Board and you get a water permit. That's the first thing that is going to run out.

Every day you turn on the TV and you're going to hear it. If you turn on the radio you're going to hear it. Don't use too much water. Don't use too much water in your washing. Don't let your water run when you brush your teeth. The water supply is limited. Surely you can desalinate and surely you can recycle sewage water, but the Native Hawaiian is going to be the least prepared for that additional expense. And actually, why should you charge him for that? That's the question.

I know we're in a rush because of a lot of people, but I'd like to make one more statement. I appreciate very much the committee letting us discuss these views. But all of these problem needs bring into focus the issue of sovereignty-a sovereignty enjoyed by Native Hawaiians and recognized throughout the world community, also a sovereignty not refuted by Native Hawaiians. Sovereignty is an issue to be raised fully in the future and the bearing it has on the welfare of many Hawaiians and their protection now and into the future, because the system as it is now does not afford protection for Native Hawaiians. They are powerless.

Thank you very much.

[Applause.]

[Prepared statement of Mr. Agard appears in appendix.] The CHAIRMAN. Mr. Agard, I thank you very much.

Our next witness is Mr. Richard Pomaikaiokalani Kinney.

STATEMENT OF RICHARD POMAIKAIOKALANI KINNEY

Mr. KINNEY. Mr. Chairman and committe members and fellow Native Hawaiians and supporters.

My name is Richard Pomaikaiokalani Kinney. I have come here today as a citizen of this State and this country, as a Native Hawaiian descendent, and a sovereign of the Hawaiian Political Action Council of Hawaii.

The Hawaiian Political Action Council of Hawaii is a Native Hawaiian sovereign council. We are separate and independent of the Executive Branch of government and all other forms of government. We do not accept or permit or receive any type of State, Federal, or private grands that affect us in our administration of the council. Thank you.

The Native Hawaiian people, from the purest of the blood, 100 percent, to the least, are the wealthiest beneficiaries in this State. The Native Hawaiian people are beneficiaries to the Bishop Estate, the Liliuokalani Trust, the Campbell Estate, Queens Hospital, and Kuakini Hospital. These trusts were set up when Hawaii was a sovereign nation concerned about the future of its people, the Native Hawaiians and the general public.

Today the Native Hawaiian people are beneficiaries to 98 percent of the State's lands. These are the lands of the Hawaiian Homestead Trust and the Public Land Trust. The Native Hawaiian people are also beneficiaries to the remaining lands that were ceded to the Federal Government to the joint resolution of annex

ation of July 7, 1989. I think that will make up about 98 percent of the Federal's lands that the Native Hawaiians are beneficiaries to that land trust.

Besides being beneficiaries to this trust, the Native Hawaiian people are rightful citizens of this State and beneficiaries to the State's $2 billion to $3 billion surplus-especially the Hawaii Airport fund surplus. I say this because all of Hawaii's major airports sit on ceded land-lands that were originally ceded to the Federal Government as a special trust, and through the State Admissions Act the Native Hawaiian is the beneficiary to all these lands and all the revenue and income therefrom.

Native Hawaiians are the wealthiest beneficiaries in this State, and I continuously repeat that over and over again.

Today, the political makeup of the State of Hawaii is 99 percent Democrat, and Hawaiians are in the decision, powermaking seat of the State. Many trustees of the Bishop Estate, the Liliuokalani Trust, the Campbell Estate, Queens Hospital, and Kuakini Hospital trusts are Hawaiians. The Office of Hawaiian Affairs Administrator is Hawaiian. And the trustees of the Office of Hawaiian Affairs are Hawaiian, elected by the Native Hawaiian community.

The problem facing the Native Hawaiian people today is but one problem and very simple: The deliberate lack of the State's government leaders, Hawaiians, to implement the law that they all swore to uphold as leaders of this State and country when they took their offices.

For instance, many, many times the State administration, Hawaiian Homes, the Office of Hawaiian Affairs, and these other Hawaiian agencies have lobbied in the State capital against bills that would better the condition of the Native Hawaiian and implement the State and Federal laws surrounding the Hawaiians.

The Governor's Administration and the Office of Hawaiian Affairs lobbied in the State capital to kill a certain bill because of the sensitivity of the bill, although the bill passed the Senate 25 to 0. This is just but one incident where the State Administration and its agencies and its rubber-stamping agencies have lobbied in this state against the proper enactment of implementing bills to correct the problem. I know this to be true, and I can speak, because in the last seven years I have dedicated my task right here lobbying and bird-dogging exactly what is happening in this State.

The corruption is not in Washington, Senator Inouye. The corruption is present in the State of Hawaii.

[Applause.]

Mr. KINNEY. I speak against any change of the definition of what is a Native Hawaiian for two reasons: One, the Hawaiian Homestead Trust is the smaller of the two trusts. And yes, we have 40,000 to 50,000 qualified Native Hawaiians who are of 50 percent blood that can use immediate housing like Billie Beamer was bringing out. So instead of jeopardizing and going through the rigmarole of 8 to 10 years of making amendments only in the State, just amend that law.

[Applause.]

Mr. KINNEY. Do whatever is necessary to implement the law. Say to the State of Hawaii it is a legislative matter-exactly what the United States Supreme Court did.

Further, I also am against the changing of the definition of Hawaiian more importantly because of the other trust which many Hawaiians are not familiar with, the Public Land Trust. This is the larger of the two trusts in the State of Hawaii. The Public Land Trust not only includes the 1.6 million-plus acres of land that were originally ceded to the Federal Government, but it includes all the submerged lands around the State of Hawaii. But, most important, according to the law of the State Admissions Act, section 5(f), it includes all the revenues and the income therefrom.

Right now the Native Hawaiians do not benefit from all of the incomes and revenues derived from the Public Land Trust-for instance, those lands under Department of Transportation like the airport.

The Hawaiians, since the day of Statehood, have not benefitted from one penny of that trust, and it is because of the State continuously mismanaging this trust in the interest of the Native Hawaiian for whatever reasons.

I can go on and on and on like Billie Beamer, and I, too, question the softness of this committee for just allowing five days to allow people to really give you folks the full story. The way of the Native Hawaiian people giving testimony is orally. Even me, myself, I find it very hard to put on paper because of the emotions, and so forth. But I do thank you, Senator Inouye, and thank all of you for coming down and giving us an opportunity.

Senator Inouye, with no black mark against you, I know that you have done your utmost to help the Native Hawaiians. [Applause.]

Mr. KINNEY. I know that. With the State administrating whatever programs you have done, it makes you almost a mockery. The Native Hawaiian people, from the purest to the least here, are drastically in need of help. Because of conditions throughout the State of Hawaii, many of us are becoming criminals in our land, not only the landless, but criminals, and looked down. Why, if the Native Hawaiian can move to the mainland and become successful, at home here we become criminals with our own?

So I recommend upon the Hawaiian Political Action Council of Hawaii that you look seriously-your whole committee-into finding a breach of trust lawsuit against the State of Hawaii for the mismanagement and the corruption of these two trusts. [Applause.]

Mr. KINNEY. Thank you very much.

The CHAIRMAN. Thank you very much, Mr. Kinney.
[Prepared statement of Mr. Kinney appears in appendix.]

The CHAIRMAN. Now may I call upon Sam Peters.

STATEMENT OF SAM PETERS

Mr. PETERS. Good afternoon Honorable Senator Inouye and your Select Committee, welcome. Aloha.

The CHAIRMAN. Aloha.

Mr. PETERS. I am going to make mine very brief. As a matter of fact, my testimony has been written in this publication called the Hawaiian Star, so a lot of people here that are attending this today were able to read it.