A Hawaiian home land is an area held in trust for Native Hawaiians by the state of Hawaii under the Hawaiian Homes Commission Act of 1920.
This article is part of a series on |
Political divisions of the United States |
---|
First level |
Second level |
|
Third level |
Fourth level |
Other areas |
United States portal |
Upon the 1893 overthrow of the Hawaiian Kingdom, the idea for "Hawaiian Homelands" was first born. In his testimony before Congress regarding the Hawaiian Islands on January 3, 1894, William Alexander reported:
President Dole [of the Republic of Hawaii] and his colleagues have elaborated a plan for giving the Kanakas homesteads out of the Crown lands, not transferable, and further this condition of occupation. [1]
In 1921, the federal government of the United States set aside approximately 200,000 acres (810 km2) in the Territory of Hawaii as a land trust for homesteading by Native Hawaiians. The law mandating this, passed by the U.S. Congress on July 9, 1921, was called the "Hawaiian Homes Commission Act" (HHCA) and, with amendments, is still in effect today. The act is often also attributed to the year 1920, when it was written. The avowed purpose of the Hawaiian Homes Commission Act was to rehabilitate Native Hawaiians, particularly in returning them to the land to maintain traditional ties to the land. The Hawaiian politicians who testified in favor of the act specifically referred to the devastation of the Hawaiian population and the loss of the land, and the need for Hawaiians to be able to grow traditional crops such as kalo (taro).
The Hawaiian Homes Commission Act included a controversial definition of "Native Hawaiians" as persons with 50% or more Hawaiian blood. Prince Kūhiō Kalanianaʻole, the territory's non-voting delegate to Congress, wanted a blood quantum of no less than 1/32.
Primary responsibility for administering the trust has rested with:
That is, responsibility was transferred to the state level after Hawaii became a state in 1959. [3] The U.S. federal government nonetheless retains significant oversight responsibilities, including the exclusive right to sue for breach of trust.
Section 101, "Purpose", of the Hawaiian Homes Commission Act explains the aims of the Hawaiian Homelands program as follows:
The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act, was U.S. federal legislation that dealt with the status of American Indians in the United States. It was the centerpiece of what has been often called the "Indian New Deal". The major goal was to reverse the traditional goal of cultural assimilation of Native Americans into American society and to strengthen, encourage and perpetuate the tribes and their historic Native American cultures in the United States.
Nānākuli is a census-designated place (CDP) on the west coast of the island of Oʻahu, City and County of Honolulu, Hawaii, United States. In Hawaiian, nānā kuli means literally "look at knee". The population was 11,461 at the 2020 census.
In the United States, a territory is any extent of region under the sovereign jurisdiction of the federal government of the United States, including all waters. The United States asserts sovereign rights for exploring, exploiting, conserving, and managing its territory. This extent of territory is all the area belonging to, and under the dominion of, the United States federal government for administrative and other purposes. The United States total territory includes a subset of political divisions.
Native Hawaiians are the indigenous Polynesian people of the Hawaiian Islands.
The Constitution of the State of Hawaii, also known as the Hawaii State Constitution, is the fundamental governing document of the U.S. state of Hawaiʻi. As an organic text, it establishes the principles and framework of government, enumerates the rights and freedoms of Hawaiian citizens, and serves as the supreme law of the state.
The Hawaiian sovereignty movement is a grassroots political and cultural campaign to reestablish an autonomous or independent nation or kingdom of Hawaii out of a desire for sovereignty, self-determination, and self-governance. Some groups also advocate some form of redress from the United States for its 1893 overthrow of Queen Lili'uokalani, and for what is described as a prolonged military occupation beginning with the 1898 annexation. The movement generally views both the overthrow and annexation as illegal. Palmyra Atoll and Sikaiana were annexed by the Kingdom in the 1860s, and the movement regards them as under illegal occupation along with the Hawaiian Islands. The Apology Resolution the United States Congress passed in 1993 acknowledged that the overthrow of the Hawaiian Kingdom was an illegal act.
The Office of Hawaiian Affairs (OHA) is a self-governing corporate body of the State of Hawaii created by the 1978 Hawaii State Constitutional Convention.
The Native Hawaiian Government Reorganization Act of 2009 S1011/HR2314 was a bill before the 111th Congress. It is commonly known as the Akaka Bill after Senator Daniel Akaka of Hawaii, who proposed various forms of this bill after 2000.
A land patent is a form of letters patent assigning official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter's signing, sealing, and publishing in public records, made by a sovereign entity.
Federal lands are lands in the United States owned by the federal government. Pursuant to the Property Clause of the United States Constitution, Congress has the power to retain, buy, sell, and regulate federal lands, such as by limiting cattle grazing on them. These powers have been recognized in a long line of United States Supreme Court decisions.
Rice v. Cayetano, 528 U.S. 495 (2000), was a case filed in 1996 by Big Island rancher Harold "Freddy" Rice against the state of Hawaii and argued before the United States Supreme Court. In 2000, the Court ruled that the state could not restrict eligibility to vote in elections for the Board of Trustees of the Office of Hawaiian Affairs to persons of Native Hawaiian descent.
The Great Māhele or just the Māhele was the Hawaiian land redistribution proposed by King Kamehameha III. The Māhele was one of the most important episodes of Hawaiian history, second only to the overthrow of the Hawaiian Kingdom. While intended to provide secure title to indigenous Hawaiians, it separated many of them from their land.
H. William Burgess was an attorney who lived in Hawaii. He opposed the Hawaiian sovereignty movement and of government programs that benefit Native Hawaiians. Burgess brought two lawsuits seeking to have such programs declared unconstitutional.
The legal status of Hawaii is an evolving legal matter as it pertains to United States law. The US Federal law was amended in 1993 with the Apology Resolution which "acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of agents and citizens of the United States and further acknowledges that the Native Hawaiian people never directly relinquished to the United States their claims to their inherent sovereignty as a people over their national lands".
The Indian Gaming Regulatory Act is a 1988 United States federal law that establishes the jurisdictional framework that governs Indian gaming. There was no federal gaming structure before this act. The stated purposes of the act include providing a legislative basis for the operation/regulation of Indian gaming, protecting gaming as a means of generating revenue for the tribes, encouraging economic development of these tribes, and protecting the enterprises from negative influences. The law established the National Indian Gaming Commission and gave it a regulatory mandate. The law also delegated new authority to the U.S. Department of the Interior and created new federal offenses, giving the U.S. Department of Justice authority to prosecute them.
An outstation, homeland or homeland community is a very small, often remote, permanent community of Aboriginal Australian people connected by kinship, on land that often, but not always, has social, cultural or economic significance to them, as traditional land. The outstation movement or homeland movement refers to the voluntary relocation of Aboriginal people from towns to these locations.
In 1898, the United States Congress annexed Hawaiʻi based on a Joint Resolution of Annexation. Questions about the legitimacy of the U.S. acquiring Hawaii through a joint resolution, rather than a treaty, were actively debated in Congress in 1898, and is the subject of ongoing debate. Upon annexation, the Republic of Hawai‘i transferred approximately 1.8 million acres of Hawaiian Government and Crown Lands to the United States (U.S.), which are today held by the State of Hawaiʻi. In the 1993 Apology Resolution, the U.S. government officially apologized to the Native Hawaiian people, acknowledging that the Republic of Hawaiʻi transferred these lands "without the consent of or any compensation to the Native Hawaiian people of Hawaiʻi or their sovereign government" and that "the indigenous Hawaiian people never directly relinquished their claims. .. over their national lands to the United States." Although the lands are commonly referred to as "ceded lands" or "public lands," some refer to them as "seized lands" or "Hawaiian national lands" to highlight the illegal nature of the land transfer, acknowledge different interpretations of the legal effect of the Joint Resolution, and to recognize that Native Hawaiians maintain claims to these lands. Many Native Hawaiian individuals and organizations insist on the return of title, which would be consistent with international law and recognition of the rights of Indigenous peoples, whereas others seek back rent for the use of the land.
The Arizona State Land Department is a department of the state government in the U.S. state of Arizona dedicated to the management of state-owned lands and property.
The Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) simplifies and reorganizes the system of providing housing assistance to federally recognized Native American tribes to help improve their housing and other infrastructure. It reduced the regulatory strictures that burdened tribes and essentially provided for block grants so that they could apply funds to building or renovating housing as they saw fit. This was in line with other federal programs that recognized the sovereignty of tribes and allowed them to manage the funds according to their own priorities. A new program division was established at the Department of Housing and Urban Development (HUD) that combined several previous programs into one block grant program committed to the goal of tribal housing. The legislation has been reauthorized and amended several times since its passage.
Native Hawaiians are the Indigenous peoples of the Hawaiian Islands. Since the involvement of the United States in the overthrow of the Kingdom of Hawaii, federal statutes have been enacted to address conditions of Native Hawaiians, with some feeling these should be formalized in the same manner of sovereignty as other Indigenous populations in the United States and Alaska Natives. However, some controversy surrounds the proposal for formal recognition – many Native Hawaiian political organizations believe recognition might interfere with Hawaiian claims to independence as a constitutional monarchy through international law.