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nmissioull-time paid cepartment needs Hawaiians
what has happened to the millions of dollars from the revenues collected by the Department of Transportation on 5(f) lands to which Native Hawaiians are entitled to a pro rata share?
What we, the heirs, would like to know is the truth. Who has been managing the revenues collected? Just how much money has been collected, from what year to what year effectively? How and when can we have a complete audit of all the revenues collected?
We feel it necessary that the Department of Hawaiian Homelands commissioners be full-time positions to take care of the current backlog. Full-time paid commissioners could execute matters quickly and efficiently. This department needs more funding to be able to take care of its obligations to the Native Hawaiians.
From the time of its organization in 1921, the department has had to depend on moneys from the homestead and general leases to finance the administrative costs. Because of this, the Department of Hawaiian Homelands has not been able to function successfully.
It was Governor John Waihe'e who gave the department its first budget for administrative costs in 1988. We are sure that with this help from the Governor, the department will be able to do more for the Native Hawaiians. This money is not enough, however. The department needs more money from the Federal Government in order to increase efficiency.
Why hasn't the Federal Government appropriated funds for the Department of Hawaiian Homelands throughout the years for the support of this Federal act?
Prepared statement of Ms. Naumu-Stewart appears in appendix.]
[Applause.) Ms. NAUMU-STEWART. Our last speaker for the Kekaha Hawaiian Homestead Association will be Mr. Joseph Manini.
The CHAIRMAN. Thank you very much.
HAWAIIAN HOMESTEAD ASSOCIATION
The CHAIRMAN. Aloha. Mr. MANINI. I pray that the Spirit of the Lord may be with me that whatever I may present may be pleasing to him and beneficial to the Native Hawaiian people. This I do in Jesus 'name.
I, Joseph Punilei Manini, Sr., as a sovereign and, by birth right, a Native Hawaiian, by the grace of God and by the Holy Melchizedek Priesthood vested in me, I stand before you this day of August 8, 1989 as a Native Hawaiian homesteader ranching at Puu Opae, Ahupuaa of Waimea Kona, island of Kauai, Kingdom of Hawaii.
Wherefore, by the grace of God, Kamehameha III divided the lands of the Kingdom of Hawaii, known by some people as the Kingdom of God in the isles of the sea.
Kamehameha III, the Great Mahele, put the lands and the people together as one. The first part of the Mahele, he divided the land into two parts his royal domain; the other part went to the Konohikis: one, land agent; the second, secured the land and the people.
In the next Mahele, he divided the land to the chiefs and the people, the land portion to be used for the prosperity of the Hawaiian Kingdom and for the purpose of promoting the dignity of the Hawaiian crown, subject always to the right of the tenants, today's government land.
Kamehameha III, his private lands to be used, one, by heirs; second, successors. Today this is the crown lands.
The division of lands written in the book "The Great Mahele," interpretation of some of the following by law:
"Allodial”-free, not holder of any lord or superior, owned with out obligation; that is, property taxes.
"Escheat”-an accidental reverting of lands to the original lord. The crown lands were inalienable to the crown heirs and the successors forever. Heirs of these lands are protected by the doctrine of escheat, in pertinent parts.
"Estate"—it is a proceeding at law and not equity, and the Court of Common Pleas has jurisdiction over it. And, furthermore, “When all the members of a partnership have died in testate and without heirs, the property escheats to the State, but the heirs or kindred of any one of the partners may transverse the inquisition.”
Pursuant to the Hawaiian Organic Act, the definition of the term “public lands" reads as follows:
"Public lands” includes all lands in the territory of Hawaii classed as government or crown lands, previous to August 15, 1895, or acquired by the government upon or subsequent to such date, by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner * * *.”
Whereas, before 1910 the Native Hawaiian people had lost control of nine-tenths of their lands, the land in question of this map of 1875 is crown lands of the Great Mahele.
These crown lands are on the west side of the island of Kauai. The crown lands total 92,646 acres. Those are inalienable lands.
Wherefore in 1910 the United States Government, through the Geological Survey, surveyed the lands of the five ahupuaas of the island of Kauai, one of which was the ahupuaa of Waimea Kona, land surveyed were land's, set aside by the Congress of the United States for homesteading by the Native Hawaiian people for 999 years. The Organic Act.
The map of 1910. It is a survey map by the Federal Government, by the Geological Survey. It's a 1910 map and the edition of 1912. So some of the parts have been changed. It's correct as to where the boundaries should run.
The Ahupuaa markings on this land grant map are "correct" and the color code is incorrect, but the green color represent the five Ahupuaa's the different parts. This is the one at Waimea Kona Kauai. This is supposed to be Ahupuaa of Hanapepe. This is Ahupuaa of Kalaheo. This is Ahupuaa of Waialua, to Wanini to Hanalei Bay to Mahau Lepu. This is Ahupuaa of Anahola Kamalomalo to Kahili.
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The crown lands—I mean the lands that the United States Congress, through land grant—the lands and water were set aside by Congress with pertinent rights to the Native Hawaiian.
The United States of America, through Congress, by the grace of God, looking back to the Great Mahele, returned the lands set aside by Kamehameha III as a land grant to the Native Hawaiian people for homesteading for 999 years. The Act of 1920, as a block to the Organic Act, set aside 107,000 acres, more or less, of available lands for homesteading for 99 years.
I have two maps of the Island of Kavai showing the difference of the Acreage from the Organic Act to the Act of 1920. It shows the Waimaa Kona Ahuppuaa the Hanapepe Ahupuaa, the Wahiawa to Mahau Lepu Ahupuaa (of Kalaheo) Ahupuaa of Wailua to Hawalei from Wanini to Haualei and the Ahupuaa Anahola from Kamalomalo to the opposite side Kahili.
That was what Congress gave back to the Hawaiians, but todays identification of the amount of Hawaiian homes lands that are for the Hawaiians, this small area in Waimaa Kona only two Homes: the Anahola area, Kamalomalo and the small part is residential, Kekaha 19 acre residential.
Article XII-Mr. TRASK. Senator, may I please interrupt you right here. I think this is a very important point because of Delegate to Congress Victor Kalalani Houston, a bright Hawaiian student, a graduate of Annapolis, who said time and time again-until his dying breath he said it-it's 212,000 acres of land. It's not any less. It should be more.
Now this is the first time I've seen dramatically—and I'm glad it's on the island of my father—that these sections that you saw, Wailua. You saw Wailua and this place, Koloa, the fighting battlegrounds, and Kapaa. These would make up the 30 or 40 or even 50 thousand acres that are lost.
I've had occasion at a Hawaiian civic club meeting in Honolulu dispatching a friend of mine, Reverend Monsignor Gagumunu. I asked Darryl Amung who is chairman of the Hawaiian Homes Committee, How many lands are available now? He says, “Oh, I have to sit down.” He didn't even know. He didn't even know. I said, "Why don't you have some expenses paid to survey these lands?” That hasn't been made. As far as I know, it hasn't been made yet.
So, I want to thank you, Mr. Manini.
Thank you, Mr. Chairman, for my interruption. I don't mean to do it, really.
[Applause.] Mr. MANINI. Article XII, Section 2, of the constitution of Hawaii, a compact of trust exists with the United States of America as trustee and the people of Hawaii, the Hawaiians are the beneficiaries.
Article I, Section 10, of the United States Constitution in pertinent parts, “No State shall pass any law impairing the obligation of contracts * * *.".
Wherefore, because of breach of trust whereby other than Native Hawaiians have 90 percent use of our lands set aside for homesteading and/or rehabilitation, lands have been sold, our water rights taken away, licensed or leased by the Commission of Public Lands for use by other than Native Hawaiians, as in General Lease S. 4222, island of Kauai; therefore, by my genealogy, from the grace of God, the God of Abraham, Isaac, and Jacob, and through the fruits of Joseph and from the loins of Ephraim to Kekaulike, Chief of Maui, to Kaeokulani to Kaumaulii, King of Kauai, to Kealiiahonui to Keliimauole to Kawahine Punilei to Benjamin Pinehaka Punilei Manini, Sr., to myself, Joseph Punilei Manini, Sr., a Native Hawaiian homesteader by birth right, do hereby request the United States Senate Select Committee on Indian Affairs, Washington, DC., and its chairman, Senator Daniel K. Inouye, to investigate in the Circuit Court of the Fifth Circuit of the State of Hawaii, No. 880156, Native Hawaiian Homesteader Joseph Punilei Manini, Sr., Sovereign in Pro Se, the following enclosures:
First, Joseph P. Manini Sr.'s denial of his unalienable guarantee of rights through Kekaha Sugar Company Limited's false pre tenses.
Second, letter of June 17, 1989 to the Honorable George M. Masuoka, Judge of the Fifth Circuit Court, 3059 Umi Street, Lihue, Kauai, Hawaii 96766.
Third, the State of Hawaii Department of Hawaiian Home Lands memorandum to Merwyn Jones, deputy director, dated November 8, 1983, from Stewart Matsunaga, ag. advisor.
Fourth, a letter of approval, dated August 23, 1983, by Chairman Georgiana K. Padeken.
Fifth, Hawaiian Homes Commission minutes of July 28, 1983 approved by the Hawaiian Homes Commission.
Whereas, I, Joseph Punilei Manini, Sr., a Native Hawaiian homesteader by birth right do hereby request of the United States Senate Select Committee on Indian Affairs, Washington, DC., Chairman Senator Daniel K. Inouye, to investigate the five ahupuaas of the island of Kauai, Hawaii congressional land grant lands set aside for the Native Hawaiians for homesteading for 999 years.
Investigate: Breach of trust by trustees; Second, illegal sale of lands; Third, illegal use of lands; Fourth, illegal change of boundaries; Fifth, illegal leases and licenses of lands and water; Sixth, illegal transfer of lands; illegal exchange of lands; illegal land court titles; ninth, illegal land court applications; tenth, illegal Governor's executive orders; eleventh illegal parks with homes; twelfth, illegal Governor's proclamation; illegal water sales; and illegal water use.
Whereas, to the Senate Select Committee on Indian Affairs, Chairman Senator Daniel K. Inouye, may the fiduciary duty of the United States of America, with the Spirit of God, in all humility be just in this matter.
I thank you, and mahalo.
The CHAIRMAN. Thank you very much, Mr. Manini. Thank you for your moving testimony.
And now may I call upon the representatives of the Anahola Hawaiian Land Farms.
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STATEMENT OF JOSEPH LOO, PRESIDENT, ANAHOLA FARMERS
ASSOCIATION Mr. Loo. Senator Inouye, Congressman Akaka, General Blaz, the Senate Select Committee, aloha ahi ahi.
Thank you for the opportunity for appearing before you today on behalf of the Anahola Hawaiian Farms who wish to extend you a warm welcome to our side of the rainbow. Thank you for coming to listen to our problems.
Now, sitting here since 11 o'clock this morning, many problems, many, many problems, but lots of demand. People are asking you for $500 million, $200 million. If you listen to me good, I'm not going to ask you for too much, just a little bit. (Laughter.]
My subject is on taxes. I want to know why are we paying a tax on fee simple, which was brought up here this morning, knowing that our Indian counterparts do not pay property tax. We have a 99-year lease, and in this lease it blows my mind that we got 7 years, 7 years from the time we are awarded. If you move on on the 6 year, you've got 1 year of exemption. So I don't quite understand that. They could give us 7 years of $1 and then, in the 8th year, we go into property taxes—very high.
But then to turn around and hear the chairman say that they gave out a lot or a lease for 65 years for $1, again that doesn't make sense to me.
I'm going to cut it short, Senator. All my 200 pages, I'm going to cut it short because I know there are people behind me, a whole bunch, that want to talk and give them an hour.
On the taxes, all I want to know is why we are being taxed like that. In bringing this up, General Blaz asked a question to MacKenzie. I hope she's still here. Okay, if she is outside, you've got to bring her in.
So a question was asked whether we ever contested it in court. Most of our research or most of my homework was done off this one particular person's writings. If I may, Senator, I would like to call Cynthia Kaiminaauao to address this one particular problem that General Blaz has asked to Ms. Mackenzie. May I, please?
The CHAIRMAN. Please do.
STATEMENT OF CYNTHIA KAIMINAAUAO Ms. KAIMINAAUAO. Honorable Blaz, you asked the question whether the encumbrance was addressed in the Federal-State task force in 1983. I would like to—it's very important that we address this answer to you on the Native Hawaiian status.
It's that they addressed the encumbrance on the Hawaiian Homes Commission Act 204.2 regarding the transfer of the encumbrance from DLNR to the Hawaiian Homelands, but they never addressed the transfer of the encumbrance to the counties in 1978 and where the counties have the jurisdiction to tax. Therefore, this is a violation of the encumbrance of section 4 and 5(f) of the Admission Act, and especially where we're addressing 5(f)-I mean section 5, where the taxes are an income which is directly going into the county and not into the trust.