Legislative Conference Committee Passes Hawaiian Language Mandates

HONOLULU- A Senate and House Conference Committee passed House Bill 1984 Senate Draft 1, Conference Draft 1, requiring the use of the Hawaiian language this morning. The conference draft will now go before the full Senate and House for a floor vote.

The bill designates the month of February as “‘Olelo Hawai‘i Month” to celebrate and encourage the use of Hawaiian language. The measure further requires that all letterheads, documents, symbols, and emblems of the State and other government departments include accurate and appropriate spelling and punctuations of Hawaiian names and language.

In 1978, the Hawaii Constitution was amended to recognize the Hawaiian language as one of the two official languages of the State. Since then, great strides have been made to bring about a renaissance of the Hawaiian language.

The passage of this bill further codifies the Hawaiian language as one of the official languages of the State,” said Sen. J. Kalani English, who is a member of the Conference Committee that passed this bill.

The Senate has passed similar bills in the past six years, but it has stalled in the House.

For years we have asked for parity in the appropriate use of Hawaiian language as one of two official languages, I am elated that this measure is moving forward and will soon become law,” said Sen. J. Kalani English, represents District 6, (Hana, East and Upcountry Maui, Moloka‘i, Lana‘i, and Kaho‘olawe). “This is a great day for those of us who carry on the language of our Grandparents’ parents.”

If the measure is passed by both the Senate and the House and it is signed into law by the Governor, the measure will take affect on January 1, 2013.

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Settlement Regarding Ceded Lands Heading to Governor’s Desk

HONOLULU – Senate Bill 2783, relating to public trust lands, was passed out of the House of Representatives today.  The bill will make its way to the Governor next.

This is an historic day for the State of Hawaii, as many have waited decades for a resolution to this issue regarding ceded lands,” said Senate President Shan Tsutsui.  “I commend all parties involved for their hard work and commitment to shepherding the passage of this bill.”

“The passage of this landmark legislation is a major step in the right direction for the Native Hawaiian community and Hawaii as it brings closure to a long-standing dispute,” said Sen. Brickwood Galuteria, chairperson for the Senate Committee on Hawaiian Affairs.  “I thank the House for moving this bill forward and for supporting this measure.”

Senate Bill 2783 would convey Kaka‘ako Makai lands to the Office of Hawaiian Affairs (OHA).  The State and OHA agreed that an approximately $200 million settlement represents a reasonable compromise of the disputed claims.  To satisfy that $200 million amount, the State is conveying contiguous and adjacent parcels in Kaka‘ako Makai.   The parcels are near Kaka‘ako Waterfront Park, including Fisherman’s Wharf.

If the measure is approved by the Governor, all disputes and controversies relating to OHA’s portion of income and proceeds from the public trust lands will be extinguished and discharged as well as bar all claims, suits, and actions for the period November 7, 1978 through June 30, 2012.

Settlement Regarding Ceded Lands Poised for Full Senate Vote

HONOLULU – Senate Bill 2783, relating to public trust lands, is expected to go before the full Senate for a vote tomorrow, March 6, 2012. If passed, the legislation will move to the House for consideration.  The Senate Committees on Judiciary and Labor and Ways and Means passed the measure out of committee without amendments last Friday.

It was a landmark decision for the committees to pass the bill,” said Senator J. Kalani English, a member of the Senate Committee on Ways and Means.  “This has been a long time coming and it is the first step in the right direction.”

Senate Bill 2783 would convey Kaka‘ako Makai lands to the Office of Hawaiian Affairs (OHA).  The State and OHA agree that a $200 million approximate settlement amount represents a reasonable compromise of the disputed claims.  To satisfy that $200 million amount, the State is conveying contiguous and adjacent parcels in Kaka‘ako Makai.   The parcels are near Kaka‘ako Waterfront Park, including Fisherman’s Warf.

If the measure is ultimately approved by the Governor, all disputes and controversies relating to OHA’s portion of income and proceeds from the public trust lands will be extinguished and discharged as well as bar all claims, suits, and actions for the period November 7, 1978 through June 30, 2012.

I am satisfied we are moving forward with this bill to better the conditions of native Hawaiians and we at a certain point must trust the work of OHA and the administration in reaching this settlement,” added Sen. English, who represents District 6, encompassing Hana, East and Upcountry Maui, Molokai, Lanai and Kahoolawe.   “I thank Governor Abercrombie, OHA Chairperson Colette Machado and Attorney General David Louie for their efforts in reaching an agreement that Senators could consider.”

Senators Among Distinguished Panelist for Discussion of Act 195


On October 28, 2011 Senator Clayton Hee (District 23, Kahuku, La‘ie, Ka‘a‘awa, Kane‘ohe) and Senator Malama Solomon (District 1, Waimea, Hamakua, Keaukaha and Hilo) participated in a panel discussion on Act 195, regarding Native Hawaiian recognition by the State of Hawaii.

The event was part of the 52nd Annual Convention of the Association of Hawaiian Civic Clubs (AHCC), which took place from October 24-30.

Other members of the panel included Office of Hawaiian Affairs Trustee Colette Machado and former Governor John D. Waihee, III, who is a member of the Native Hawaiian Roll Call Commission. The panel was moderated by former AHCC president H.K. Bruss Keppeler, Esq.

Act 195 formally recognizes Native Hawaiian people as “the only indigenous, aboriginal, maoli people of Hawai‘i.” In addition to formal recognition by the State of Hawai‘i, the measure also established the Native Hawaiian Roll Call Commission. Members of the commission were appointed by the Governor in September. It is composed of five members, one from each county and one at-large seat. The Commission is tasked with preparing and maintaining a roll of qualified Native Hawaiians as defined by the Act.

Senate and House receive update on progress of State Historic Preservation Division

On On November 1, 2011, the Senate Committees on Water Land and Housing and Hawaiian Affairs held a joint informational briefing with their House counterparts to receive an update on the State Historic Preservation Division’s (SHPD) progress in meeting requirements issued by the National Park Service in 2010, in order to maintain future federal funding for SHPD activities.

During the briefing, Department of Land and Natural Resources (DLNR) Director William Aila Jr. provided remarks to the Legislature regarding SHPD’s capability of meeting NPS specified requirements. SHPD will provide an update to the Legislature during the 2012 Legislative Session.

Background

The State Historic Preservation Division (SHPD) falls under provision of the Department of Land and Natural Resources (DNLR) and “works to preserve and sustain reminders of earlier times which link the past to the present.” To assist in the accomplishment of this goal, the division has three branches, which include history and culture, archaeology, and architecture.

In 2010, the United States Department of the Interior National Park Service (NPS) designated the SHPD as a “high risk grantee.” This designation was based on report of NPS’s 2009 audit findings that the state had not met its obligation under the National Historic Preservation Act (NHPA). NPS determined that Hawaii had significant operational problems in several mandated activities, including Survey & Inventory, Review & Compliance, National Register of Historic Places, Certified Local Government administration, and Historic Preservation Planning.

To correct the problems identified in the report, NPS compiled a series of corrective actions that span a 2-year time period. Failure to meet all requirements specified in the corrective action plan will result in the removal of the State’s approval status, termination of all active grants, and ineligibility for any new grants until approved program status has been regained.

The loss of Historic Preservation Fund (HPF) grant and funds and Hawaii’s approved program status would negatively impact the State’s economy. Without an approved State Historic Preservation Program:

  • Matching grant agreements between the NPS and Hawaii in excess of $1.1 million could be jeopardized
  • Uncertainty in how government agencies operating in Hawaii comply with Federal and state laws could cause serious delays in economic stimulus and other Federally-funded construction projects
  • Federal assistance provided through the SHPD could be restricted or unavailable to the citizens and property owners of Hawaii
  • Delay could occur in properties nominated to the National Register of Historic Places, which would adversely affect their eligibility for Federal and state historic preservation tax incentivizes, and/ or for historic preservation grant programs
  • There could be irreparable harm to locally and nationally significant historic properties of importance to the people of Hawaii and the nation.

The NPS report on Hawaii State Historic Preservation Division Operations and other information related to SHPD can be found online at http://hawaii.gov/dlnr/hpd/hpgrtg.htm .

Governor Announces Native Hawaiian Roll Call Commissioners

Mai Ka Lā Hiki A Ka Lā Kau
(Literal: From sunrise to sunset Kaona: Whole life span)

HONOLULU — Governor Neil Abercrombie this afternoon announced his appointments to the Native Hawaiian Roll Commission. Senator Malama Solomon (District 1 – Waimea, Hamakua, North Hilo, Rural South Hilo and Hilo) offers this statement:

“Today we celebrate the members of the Native Hawaiian Roll Commission established by Act 195 of the 2011 Legislative session. This is significant legislation for the Native Hawaiian people, but it is also of vital importance for all of the people of the State of Hawai’i.

I congratulate and thank Governor Abercrombie for acting swiftly in naming the commissioners. For Kanaka Maoli, this measure is one more important step in a very long and arduous journey toward justice. Indeed, this journey has taken more than the span of a single life. It has taken generations.

For all of the people of Hawai’i, it marks a historic and positive step in the reconciliation process mending relations between the State of Hawai„i and the Native Hawaiian people.

The commission will know that Act 195 acknowledges our present reality and urges the process forward. The process enabled by the act is intended to move in concert with the efforts by Senator Daniel Akaka and the Congressional Delegation of Hawai’i to achieve Federal recognition of Native Hawaiians. It is a strong testimony and evidence for our cause pending before Congress.

I stand ready to support and kokua the commissioners as they embark on their duties of this very important commission, as we continue on this journey toward self-governance.”

SB1520 Sends Signal to the Nation’s Capitol

By Senator Brickwood Galuteria

The following op-ed is in response to the signing of Senate Bill 1520, commonly known as the Hawaiian Recognition Bill. Senate Bill 1520, which formally recognizes Native Hawaiian people as “the only indigenous, aboriginal, maoli people of Hawai‘i,” was signed by Governor Neil Abercrombie on July 6, 2011.  

This week Governor Abercrombie signed into law Senate Bill 1520 recognizing the Native Hawaiian people as the only indigenous, aboriginal, maoli people of Hawai’i. While this piece of legislation did not receive a lot of news media coverage or public commentary in recent months, it is probably one of the most important Acts to pass our legislature in years.

The intent of SB 1520 is to move forward the process of healing the frustration that many Native Hawaiians still feel more than one hundred years after the overthrow of the Hawaiian Kingdom. This legislation also sends a signal to the nation’s capitol that the people of Hawaii are in agreement with the Akaka Bill currently under discussion in Congress. Eventually, the signing of this bill should lead to not just recognition, but also the formation of partial self-governance by Native Hawaiians, the protection of cultural rights and the appropriate use of ceded lands

Once implemented, SB 1520 will establish a five-member commission, appointed by the Governor, which will define who Native Hawaiians are, and then prepare a roll of qualified Native Hawaiians. One Commissioner will be appointed from each of Hawaii’s four counties, with a fifth at-large member. The completed roll, or list, of Native Hawaiians will then be published and maintained for the eventual purpose of creating an organization that will serve the needs of the Native Hawaiian people. This Commission, in cooperation with the Office of Hawaiian Affairs which will provide funding for the roll, will report to the Governor and the Legislature by next January on the status of their work in case any modifications are needed to the process. Once the roll is completed and published, the Commission will be dissolved, as it will then be time to move forward on the next steps of establishing an organization that will allow a form of self-governance for the Hawaiian people.

While this bill is historic, it should be remembered that the task of considering and developing a process for Native Hawaiian recognition did not just start with this legislation. It began decades ago when a number of individuals saw injustice and stepped forward to demand that Native Hawaiians be recognized for who they are and be treated accordingly. Those people, who had the courage to go against a history of injustice, should be given much credit for SB 1520.

This measure, as written, recognizes the history of this land, acknowledges present reality, and moves a process forward that should benefit all residents of the islands. While it helps to bring long overdue justice to the Hawaiian people it should not, in any manner, create a separate class of people above or beyond the rest of Hawaii’s population. It does, in fact, reaffirm the delegation of federal authority and clarify that it is consistent with the policies of the State of Hawaii. That is how it should be; we will all benefit in the end because of this legislation.

Senator Brickwood Galuteria
Senate Committee on Hawaiian Affairs Chair
Senate Majority Leader

Governor Signs Native Hawaiian Recognition Bill into Law

Senators join Governor Abercrombie after the signing of Senate Bill 1520 into law

HONOLULU– Senate Bill 1520, which formally recognizes Native Hawaiian people as “the only indigenous, aboriginal, maoli people of Hawai‘i,” was signed by Governor Neil Abercrombie this afternoon at Washington Place.

“For Kanaka Maoli, this measure is one more important step in a very long and arduous journey toward justice.  Indeed, this journey has taken more than the span of a single life.  It has taken generations,” said Senator Malama Solomon, chief negotiator of the bill.  “For all people of Hawai‘i, it marks a historic and positive step in the reconciliation process mending relations between the State of Hawai‘i mending relations between the State of Hawai‘i and the Native Hawaiian people.”

“This law affirms Native Hawaiians as the first nation of these islands and provides Hawaiians the opportunity to form a new nation within this State of Hawai‘i,” said Senator Clayton Hee, author of the bill. 

 “The signing of this legislation will be remembered by future generations,” said Senator Brickwood Galuteria, chairman of the Senate Committee on Hawaiian Affairs.  “This measure recognizes the first people of Hawai‘i while preserving the diversity that has made Hawai‘i home to us all.”

In addition to formal recognition by the State of Hawai‘i, the measure also requires the Governor to appoint a Native Hawaiian Roll Call Commission that will create and publish a list of people who are of Native Hawaiian descent.  Funding to facilitate the activities of the Native Hawaiian Roll Commission will be provided by the Office of Hawaiian Affairs.   

            For more information on Senate Bill 1520: http://www.capitol.hawaii.gov/session2011/lists/measure_indiv.aspx?billtype=SB&billnumber=1520

Hawaiian Caucus Day at the State Capitol

(Honolulu) — The Hawai’i State Senate will celebrate Hawaiian Caucus Day for the fifth consecutive year today. The day-long event is meant to honor, preserve and perpetuate the Hawaiian culture through a variety of activities under the slogan of “Holomua Me Ka Lokahi” (Moving forward in unity).

The highlight of the day will be the recognition of outstanding Native Hawaiian leaders in our community. The State Senate will present Certificates of Recognition at a Floor Session beginning at 11:30 this morning, followed by a similar presentation of Certificates by the House of Representatives at noon.

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