Hawaiian Homelands
Encyclopedia
Hawaiian Homelands were lands dedicated to Native Hawaiians
by legislation known as the Hawaiian Homes Commission Act of 1921.
In 1921, the federal government of the United States
set aside as approximately 200000 acres (809.4 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 Kalanianaole, 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.
The U.S. federal government nonetheless retains significant oversight responsibilities, including the exclusive right to sue for breach of trust.
Native Hawaiians
Native Hawaiians refers to the indigenous Polynesian people of the Hawaiian Islands or their descendants. Native Hawaiians trace their ancestry back to the original Polynesian settlers of Hawaii.According to the U.S...
by legislation known as the Hawaiian Homes Commission Act of 1921.
History
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:In order to save them, President Dole [ Sanford B. DoleSanford B. DoleSanford Ballard Dole was a lawyer and jurist in the Hawaiian Islands as a kingdom, protectorate, republic and territory...
] and his colleagues have elaborated a plan for giving the Kanakas homesteads out of the Crown lands, not transferable, on condition of occupation.
In 1921, the federal government of the United States
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
set aside as approximately 200000 acres (809.4 km²) in the Territory of Hawaii
Territory of Hawaii
The Territory of Hawaii or Hawaii Territory was an organized incorporated territory of the United States that existed from July 7, 1898, until August 21, 1959, when its territory, with the exception of Johnston Atoll, was admitted to the Union as the fiftieth U.S. state, the State of Hawaii.The U.S...
as a land trust for homesteading
Homesteading
Broadly defined, homesteading is a lifestyle of simple self-sufficiency.-Current practice:The term may apply to anyone who follows the back-to-the-land movement by adopting a sustainable, self-sufficient lifestyle. While land is no longer freely available in most areas of the world, homesteading...
by Native Hawaiians
Native Hawaiians
Native Hawaiians refers to the indigenous Polynesian people of the Hawaiian Islands or their descendants. Native Hawaiians trace their ancestry back to the original Polynesian settlers of Hawaii.According to the U.S...
. 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
Taro
Taro is a common name for the corms and tubers of several plants in the family Araceae . Of these, Colocasia esculenta is the most widely cultivated, and is the subject of this article. More specifically, this article describes the 'dasheen' form of taro; another variety is called eddoe.Taro is...
).
The Hawaiian Homes Commission Act included a controversial definition of "Native Hawaiians" as persons with 50% or more Hawaiian blood. Prince Kūhiō Kalanianaole, 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:
- 1921–1960: the Hawaiian Homes Commission (a federal agency)
- 1960–present: the Department of Hawaiian Home Lands (DHHL, a state agency)
That is, responsibility was transferred to the state level after Hawaii became a state in 1959.
The U.S. federal government nonetheless retains significant oversight responsibilities, including the exclusive right to sue for breach of trust.
Purpose
Section 101, "Purpose", of the Hawaiian Homes Commission Act explains the aims of the Hawaiian Homelands program as follows:- (a) ... to enable native Hawaiians to return to their lands in order to fully support self-sufficiencySelf-sufficiencySelf-sufficiency refers to the state of not requiring any outside aid, support, or interaction, for survival; it is therefore a type of personal or collective autonomy...
for native Hawaiians and the self-determinationSelf-determinationSelf-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
of native Hawaiians in the administration of this Act, and the preservation of the values, traditions, and culture of native Hawaiians. - (b) The principal purposes of this Act include but are not limited to:
- (1) Establishing a permanent land base for the benefit and use of native Hawaiians, upon which they may live, farm, ranch, and otherwise engage in commercial or industrial or any other activities as authorized in this Act;
- (2) Placing native Hawaiians on the lands set aside under this Act in a prompt and efficient manner and assuring long-term tenancy to beneficiaries of this Act and their successors;
- (3) Preventing alienation of the feeFee simpleIn English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
titleTitle (property)Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
to the lands set aside under this Act so that these lands will always be held in trust for continued use by native Hawaiians in perpetuity; - (4) Providing adequate amounts of water and supporting infrastructure, so that homestead lands will always be usable and accessible; and
- (5) Providing financial support and technical assistance to native Hawaiian beneficiaries of this Act so that by pursuing strategies to enhance economic self-sufficiency and promote community-based developmentCommunity buildingCommunity building is a field of practices directed toward the creation or enhancement of community among individuals within a regional area or with a common interest...
, the traditions, culture and quality of life of native Hawaiians shall be forever self-sustaining. In recognition of the solemn trust created by this Act, and the historical government to government relationship between the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Kingdom of HawaiiKingdom of HawaiiThe Kingdom of Hawaii was established during the years 1795 to 1810 with the subjugation of the smaller independent chiefdoms of Oahu, Maui, Molokai, Lānai, Kauai and Niihau by the chiefdom of Hawaii into one unified government...
, the United States and the State of Hawaii hereby acknowledge the trust established under this Act and affirm their fiduciary duty to faithfully administer the provisions of this Act on behalf of the native Hawaiian beneficiaries of the Act. Nothing in this Act shall be construed to: - (1) Affect the rights of the descendants of the indigenousIndigenous peoplesIndigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
citizens of the Kingdom of Hawaii to seek redress of any wrongful activities associated with the overthrow of the Kingdom of Hawaii; or - (2) Alter the obligations of the United States and the State of Hawaii to carry out their public trust responsibilities under section 5 of the Admission Act to native Hawaiians and other descendants of the indigenous citizens of the Kingdom of Hawaii. [L 1990, c 349, §1]
Hawaiian Homelands
- Anahola-Kamalomalo
- Auwaiolimu-Kalawahine-Kewalo-Papakolea
- Hanapepe
- Hoolehua-Palaau
- Honokaia
- Honokohau
- Honomu-Kuhua
- Humuula
- Kahikinui
- Kalamaula
- Kalaoa
- Kalaupapa
- Kamaoa-Puueo
- Kamiloloa
- Kamoku-Kapulena
- Kaniohale
- Kapaa
- KapaakeaKapaakeaCaesar Kaluaiku Kapaakea was a Hawaiian chief who was the patriarch of the House of Kalākaua that ruled the Kingdom of Hawaii during the last of its days.-Biography:...
- KapalamaKapālama-History:The name comes from ka pā lama in the Hawaiian language which means "the enclosure of lama wood". "Lama" was the Hawaiian name for endemic ebony trees of genus Diospyros that were used in religious ceremonies....
- Kapolei
- Kaumana
- KawaihaeKawaihaeKawaihae is an unincorporated community on the west side of the island of Hawaii in the U.S. state of Hawaii, north of Kailua-Kona. Its harbor includes a fuel depot, shipping terminal and military landing site. Outside of the man-made breakwall of the harbor is a popular surf spot and the Pua...
- Keanae
- Kealakehe
- Keaukaha
- Kekaha
- Keoniki
- KulaKula, HawaiiKula is a district of Maui, Hawaii that stretches across the "up-country", the western-facing slopes of Haleakalā, from Makawao to Ulupalakua. Most of the residential areas lie between about 500 to 1,100 m in elevation...
- Lahaina
- Lalamilo
- Lualualei
- Makakupia
- Makuu
- Moiliili
- Moloaa
- Nanakuli
- Nienie
- Olaa
- Panaewa
- Pauahi
- Paukukalo
- Pihonua
- Ponohawai
- Puukapu
- PuunenePuunenePuunēnē is an unincorporated town in the central part of Maui, Hawaii, near Kahului. Although the land in that area is fairly level, the words Puu nēnē mean "nene goose hill" in Hawaiian...
- PunaPuna, HawaiiPuna is one of the nine districts in Hawaii County, Big Island, Hawaii. The District of Puna is located on the easternmost portion of the island and shares borders to the north with the District of South Hilo and a border to the west with the District of Kaū...
- Shafter Flats
- Ualapue
- Ulupalakua
- Waianae
- WaiohinuWaiohinuWaiohinu is an unincorporated community in the district of Ka'u on the island of Hawaii in the U.S. state of Hawaii. Waiohinu is the name of the community as well as the ahupua'a, Native Hawaiian subdivision.-Landmarks:...
- WaiakeaWaiakeaWaiākea is an ancient subdivision in the Hilo District of the Big Island of Hawaii, located in the area of .-Origin:The name comes from wai ākea in the Hawaiian Language meaning "broad waters", and sometimes what is now called Hilo Bay was called Waiākea Bay.Waiākea is home to many and has its own...
- Waiehu
- Waikoloa-Waialeale
- WailauWailauWailau, also known as East Molokai Volcano, is an extinct shield volcano comprising the eastern two-thirds of the island of Molokai in the U.S. state of Hawaii.-Description:...
- Wailua
- Wailua
- Wailuku
- Waimanalo
- WaimanuWaimanu ValleyWaimanu Valley is a remote valley on the northeast coast of Hawaii island. Besides the main Waimanu Stream, it includes Waihīlau Falls on a tributary.-Description:...
- Waimea
See also
- Indian reservationIndian reservationAn American Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs...
- Indian reserveIndian reserveIn Canada, an Indian reserve is specified by the Indian Act as a "tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band." The Act also specifies that land reserved for the use and benefit of a band which is not...
, Canada - RancheríaRancheríaThe Spanish word ranchería, or rancherío, refers to a small, rural settlement. In the Americas the term was applied to native villages and to the workers' quarters of a ranch. English adopted the term with both these meanings, usually to designate the residential area of a rancho in the American...
- RancherieRancherieA Rancherie is a First Nations residential area of an Indian Reserve in colloquial English throughout the Canadian province of British Columbia...
, Canada
Further reading
- Hawaii Advisory Committee to the U.S. Commission on Civil Rights: Tatibouet, Andre S. (chairperson) et al. (December 1991). A Broken Trust. The Hawaiian Homelands Program: Seventy Years of Failure of the Federal and State Governments to Protect the Civil Rights of Native Hawaiians. U.S. Government Printing Office: 1991—617-651/41065.
- Maps of Properties held in trust by the Department of Hawaiian Home Lands