Hawaiian Homelands grab by feds

SOURCE: Kawai Waren (kawaiwarrenkhha@gmail.com)
SUBHEAD: The U.S. Department of Interior proposed rule changes for Hawaiian Homelands could be a land grab.

Edited by Juan Wilson on 7 July 2015 in Island Breath -
(http://islandbreath.blogspot.com/2015/07/hawaiian-homelands-grab-by-feds.html)


Image above: Don't trust the US government. The Federal government has a tragic history relating to  indigenous people. Detail of US troops slaughter of American Indians in a mural by Edmond J. Fitzgerald named "The Battle of Bear River" on a wall in the US Post Office in Preston, Idaho.  From (http://postalmuseum.si.edu/indiansatthepostoffice/mural19.html).

I have asked several legal and policy experts to review the DOI's proposed rules on land exchanges of Hawaiian home lands and the Federal government's proposed review and approval powers on amendments to the Hawaiian Homes Commission Act.

Conclusions described below. I hope that these help you as you pose questions and comments to the proposed rules.

Here is the link for you to send your comments until July 13th to the DOI:
http://www.regulations.gov/#!submitComment;D=DOI-2015-0002-0001

Points to consider re: DOI's proposed Federal rules:

It is important that beneficiaries understand that the proposed DOI rules are much more than "seek[ing] to clarify" aspects of the Hawaiian Homes Commission Act (HHCA), as stated in the DOI's May 8, 2015 public announcement.

The proposed rules may have enormous practical and legal implications that have not been either fully disclosed or fully explored by the beneficiaries, legal and policy experts, or the DOI itself.

For example, in the text of the proposed rules, the DOI explicitly states that the DOI interprets the HHCA word "rehabilitation" (of native Hawaiians) to include "political, social and cultural reorganization'" and that the proposed DOI rules will "further" "rehabilitation" under the DOI's unilaterally defined interpretation of "rehabilitation."

This seems to be a significant legal stretch, and the DOI announcement quite clearly states that these proposed rules are a stepping stone to Federally-guided "reorganization."

It is also not clear why the DOI has focused so intently on 1. its role and power specifically in "land exchanges involving Hawaiian home lands" and 2. its power to review and require Congressional approval on amendments to the Hawaiian Homes Act.


Video above: Will new rules lead to evictions of Hawaiian Homesteaders? From (https://youtu.be/0jaS55evi60).

There may have been legal overstepping by DOI in giving itself the powers recited in the proposed rules.  Records should be made available to show how and when these specific subject areas were selected for clarification by the DOI.

Additionally, the rule making process itself that resulted in the proposed draft Federal rules needs to be analyzed by more than just the DOI and CNHA and CNHA's circle of supporters.

DOI and other Federal departments should be asked by beneficiaries to provide copies and an official record of correspondences between the DOI, CNHA and SCHHA so that all within the native Hawaiian community and their many leaders can understand how these rules and this rule making process have transpired, who attended the consultation and planning meetings, and minutes of those meetings.

In this way, beneficiaries will have fuller knowledge.

Given the sensitive nature of the US Federal government's relationship and credibility with the many diverse native Hawaiian communities, and especially given that the Obama administration should desire to tread lightly and diplomatically with full and transparent public input on this matter, beneficiaries are advised to urge the DOI and Federal government to exercise legal caution.

Please review the recently released Hawaiian Homes Commission Resolution (its position statement) on the DOI's proposed rules.  See PDF file here (http://dhhl.hawaii.gov/wp-content/uploads/2015/06/Hawaiian-Homes-Commission-Resolution-283_approved-and-formatted.pdf).

The Resolution is a strong and effective statement and has merit in their statements.  

The following documents and links are provided for your review:

Actual Federal rules proposed by DOI: (http://www.regulations.gov/#!documentDetail;D=DOI-2015-0002-0001). It's Summary reads:

"This rule would remove ambiguities the State of Hawaii faces in administration of the Hawaiian Homes Commission Act. It would facilitate the goal of the rehabilitation of the Native Hawaiian community, including the return of native Hawaiians to the land, consistent with the Hawaiian Homes Commission Act, the State of Hawaii Admission Act, and the Hawaiian Home Lands Recovery Act.

The rule clarifies the land exchange process, the documents required, and the respective responsibilities of the Department of the Interior, the Department of Hawaiian Home Lands, and other entities engaged in land exchanges of Hawaiian home lands. It also clarifies the documents required and the responsibilities of the Secretary of the Interior in the approval process for proposed amendments by the State of Hawaii to the Hawaiian Homes Commission Act, 1920, as amended."

DOI process up to now has not included DHHL input.  Therefore, a better rule making process must be put in place to ensure real and full beneficiary and state input. A document describing DHHL's position on DOI proposed Federal Regulations is Resolution 283 here (http://dhhl.hawaii.gov/2015/06/26/hhc-urges-interior-department-consult-beneficiaries-and-dhhl-on-proposed-federal-rules/). It states:

"The rules proposed by the Interior Department seek to clarify the processes for approval of amendments to the Hawaiian Homes Commission Act and proposed land exchanges involving Hawaiian home lands; processes the HHC believes are already set forth, with sufficient detail, in the Hawaii Statehood Admission Act and the Hawaiian Home Lands Recovery Act."

See also the videobelow for the review of the four key points of the Resolution.


Video above: DHHL to DOI "Stop your power grab!" From (https://youtu.be/wa1Zf_WrKE8).
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