Ka Wai Ola - Office of Hawaiian Affairs, Volume 8, Number 3, 1 March 1991 — Land Trust controversies [ARTICLE+ILLUSTRATION]

Land Trust controversies

Hawaiian Home Lands Trust Controversies have surrounded the Hawaiian Home Lands trust since the passage of the Hawaiian Homes Commission Act in 1920. The Act by Congress set aside nearly 200,000 acres of ceded lands for the "rehabilitation of native Hawaiians," by providing homesteads, ranches, and pastoral awards. Problems preceded the Act's passage, especially by identification of whieh public lands were to be set aside. In a major concession to sugar and pineapple interests, only "available lands" — meaning those not already under cultivation — were open to the program. The "best lands" were excluded.

Such competitions between beneficiary needs, special interests, and public purposes have eontinued for 70 years. Often these issues have crossed the thin line dividing possibly unfair political choices — such as land selection — into illegal activities or breaches of trust. The most extensive review of these trust violations was conducted by the Joint Federal-State Task Force and their 1983 report. The governor's proposal to address controversies under the Hawaiian Home Lands Trust echoes many of the Task Force findings. The "action plan," however recognizes and separates two categories of claims whieh may require

different means of resolution: • controversies that affect the trust as a whole; and • controversies that affect individuals specifically, without significant impacts on the trust as a whole. Controversies that address the trust as a whole are identified, but not addressed by specific legisla-

tion in the governor's action plan. Rather, processes for gathering more information as a base for assessing the nature and extent of possible harm — and needed repair — are included in the action plan proposal. As summarized in the Action Plan, the following controversies and planned responses are noted:

Papakolea, O'ahu homesteaders present ho'okupu to Governor Pinkham in front of his home in 1935. That year, there were 2,000 on

the waiting list. Today there are more than 20,000.

Photo courtes\i of Bishop Museum uisual eolleehon