The State of Hawai’i, through legislation are moving to eliminate the “Public Lands” trust. These lands are inherently Kanaka Maoli lands.
Over the past few years, the Legislature has been systematically introducing and passing bills that take lands out from the category of “Public Lands” and transferring them to corporations, departments and entities that are tied to the State of Hawai’i. What does this mean for Kanaka Maoli? The “Public Lands” are another name for the “Ceded Lands Trust” that is currently being held by the State. These lands are inherently Kanaka Maoli lands. The State is deliberately diminishing the “Public Lands” trust through legislative measures that transfer lands out – reducing the inventory of lands that rightfully belong to the Kanaka Maoli people.
The 1.8 million acres that make up the “Public Lands” aka “Ceded Lands” are Hawaiian Kingdom crown and government lands that were illegally seized by the US at the time of annexation through the Newlands Joint Resolution in 1898. Professor Williamson Chang of the UH Law School has detailed in his analysis that the Joint Resolution was incapable of acquiring Hawaiʻi at http://blog.hawaii.edu/aplpj/files/2015/09/ APLPJ_16_2_Chang.pdf. Despite this analysis, these lands were illegally transferred to the US and as a condition of Statehood were transferred to the State of Hawaii to be held as a public trust for 5 purposes including the betterment of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act, 1920. The Admissions Act further states that any other object besides the 5 purposes shall constitute a breach of trust for which suit may be brought by the United States. The Article XII Constitutional provisions further establish that the lands are held as a public trust for native Hawaiians as defined in the Hawaiian Homes Commission Act, 1920 and should be used solely for that purpose. In 1993, the US Public Law 103-150 aka the “Apology Bill” recognized that Kanaka Maoli never directly relinquished their sovereignty and claims to these lands.
The Ka Lāhui Hawaiʻi Political Action Committee (KPAC) affirms and defends our Hawaiian peoples’ right to over 1.8 million acres of our national lands.
Below are the “Public Lands” bills that are currently moving in the Legislature and are contributing to the Disappearing Trust.
2018 House Bills
| Measure Title: |
RELATING TO PUBLIC LANDS |
| Report Title: |
Public Lands; Hawaii Public Housing Authority Lands Exemption |
| Description: |
Exempts lands to which Hawaii Public Housing Authority holds title from the definition of “public lands” in chapter 171, HRS. |
| Measure Title: |
RELATING TO PUBLIC LANDS |
| Report Title: |
Public Lands; Redevelopment; Lease Restrictions; Appropriation; Kanoelehua Industrial Area Pilot Program ($) |
| Description: |
Establishes a ten-year redevelopment district pilot project within the Kanoelehua Industrial Area and Banyan Drive region until 6/30/2028. Modifies public land lease restrictions. Appropriates funds. (HB2641 HD2) |
| Measure Title: |
RELATING TO PUBLIC LANDS |
| Report Title: |
Public Lands; Redevelopment Districts; Revolving Fund; Waiakea Peninsula |
| Description: |
Establishes procedures for designating public land redevelopment districts, planning committees, district redevelopment plans, and designated redevelopment district revolving funds. Establishes powers and duties of planning committees. Modifies public land lease restrictions. Establishes the Waiakea Peninsula Redevelopment District, Planning Committee, and Revolving Fund until June 30, 2027. |
| Measure Title: |
RELATING TO AN AIRPORTS CORPORATION
|
| Report Title: |
Tourism; Transportation; Aeronautics; Hawaii Airports Corporation; Appropriation ($) |
| Description: |
Authorizes the establishment of the Hawaii Airports Corporation within the Department of Transportation for administrative purposes. Sets out appointment of members to the board of directors and powers and duties of the Hawaii Airports Corporation. Transfers the aeronautics functions of Department of Transportation to the Hawaii Airports Corporation by the established transfer completion date agreed upon by the Hawaii Airports Corporation, the Director of Transportation, and the Governor, which shall be no later than 7/1/2021. Effective 1/1/2019. (SD3) |
| Measure Title: |
RELATING THE TRANSFER OF LANDS. |
| Report Title: |
Transfer of Land; Department of Education; Property; Title; Public Schools |
| Description: |
Transfers fee interest in certain public school lands from City and County of Honolulu and the Department of Land and Natural Resources, as applicable, to the Department of Education. |
2018 Senate Bills
| Measure Title: |
RELATING TO GOVERNMENT |
| Report Title: |
Mauna Kea Management Authority; Established |
| Description: |
Establishes the Mauna Kea Management Authority. Limits the number of telescopes that may be authorized on Mauna Kea. Authorizes the renegotiation of leases, subleases, easements, permits, and licenses pertaining to Mauna Kea. Requires that revenue derived from activities on Mauna Kea be shared with the Office of Hawaiian Affairs. Excludes Mauna Kea lands from the definition of “public lands.” Provides for free access to Mauna Kea for traditional cultural purposes. |
| Measure Title: |
RELATING TO PUBLIC SCHOOLS |
| Report Title: |
Public Schools; Property; Title; Transfer; Appropriation ($) |
| Description: |
Requires the City and County of Honolulu to transfer to the Department of Education all property upon which a public elementary or intermediate school is situated. Gives the Department of Education power to acquire and hold title to real, personal, or mixed property for use for public educational purposes. Requires legislative approval prior to the sale or gift of lands to which the Department of Education holds title. Effective 1/1/2050. (SD2) |
| Measure Title: |
RELATING TO THE HILO COMMUNITY ECONOMIC DISTRICT. |
| Report Title: |
Redevelopment Districts; Waiakea Peninsula Redevelopment District, Establishment; Appropriation |
| Description: |
Provides for the redevelopment of the Hilo area by establishing the framework, requirements, and conditions for redevelopment districts and specifically designating the Waiakea Peninsula Redevelopment District, appropriates funds for the implementation of the redevelopment district program, and makes conforming amendments to lease restrictions on public lands to facilitate the implementation of redevelopment districts. (SB1292 HD1) |
| Measure Title: |
RELATING TO PUBLIC LIBRARIES. |
| Report Title: |
Public Library Lands; Leases; BOE; Appropriation ($) |
| Description: |
Establishes a pilot program to generate revenue through the lease of public library lands to meet the mission of the public libraries. Establishes the library facilities fund. Requires the state librarian and board of education to report to the legislature. Makes appropriations for the pilot program and the hiring of land development experts. Effective 7/1/2050. (SD2) |
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