A Hawaiian home land is an area held in trust for

Native Hawaiians Native Hawaiians (also known as Indigenous Hawaiians, Kānaka Maoli, Aboriginal Hawaiians, First Hawaiians, or simply Hawaiians) ( haw, kānaka, , , and ), are the indigenous ethnic group of Polynesian people of the Hawaiian Islands. Hawaii ...

by the state of

Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...

under the Hawaiian Homes Commission Act of 1920.

History

Upon the 1893

overthrow of the Hawaiian Kingdom The overthrow of the Hawaiian Kingdom was a ''coup d'état'' against Queen Liliʻuokalani, which took place on January 17, 1893, on the island of Oahu and led by the Committee of Safety, composed of seven foreign residents and six non-aborig ...

, the idea for "Hawaiian Homelands" was first born. In his testimony before Congress regarding the Hawaiian Islands on January 3, 1894, William Alexander reported:

President Dole f_the_ f_the_Republic_of_Hawaii">Republic_of_Hawaii.html"_;"title="f_the_Republic_of_Hawaii">f_the_Republic_of_Hawaiiand_his_colleagues_have_elaborated_a_plan_for_giving_the_Kanakas_Homestead_principle.html" ;"title="Republic_of_Hawaii.html" ;"title="Republic_of_Hawaii.html" ;"title="f the Republic of Hawaii">f the Republic of Hawaii">Republic_of_Hawaii.html" ;"title="f the Republic of Hawaii">f the Republic of Hawaiiand his colleagues have elaborated a plan for giving the Kanakas Homestead principle">homesteads out of the Crown lands, not transferable, and further this condition of occupation.

In 1921, the federal government of the United States set aside approximately in the Territory of Hawaii as a land trust for Homestead Act, homesteading by

. The law mandating this, passed by the

U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...

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 () (''Colocasia esculenta)'' is a root vegetable. It is the most widely cultivated species of several plants in the family Araceae that are used as vegetables for their corms, leaves, and petioles. Taro corms are a food staple in Africa ...

). 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 Blood quantum laws or Indian blood laws are laws in the United States that define Native American status by fractions of Native American ancestry. These laws were enacted by the federal government and state governments as a way to establ ...

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-sufficiency Self-sustainability and self-sufficiency are overlapping states of being in which a person or organization needs little or no help from, or interaction with, others. Self-sufficiency entails the self being enough (to fulfill needs), and a self-s ...

for native Hawaiians and the

self-determination The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a ''jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It stat ...

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

fee A fee is the price one pays as remuneration for rights or services. Fees usually allow for overhead, wages, costs, and markup. Traditionally, professionals in the United Kingdom (and previously the Republic of Ireland) receive a fee in contra ...

title A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...

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 development, the traditions, culture and quality of life of native Hawaiians shall be forever self-sustaining. :(c) In recognition of the solemn trust created by this Act, and the historical government to government relationship between the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

and

Kingdom of Hawaii The Hawaiian Kingdom, or Kingdom of Hawaiʻi ( Hawaiian: ''Ko Hawaiʻi Pae ʻĀina''), was a sovereign state located in the Hawaiian Islands. The country was formed in 1795, when the warrior chief Kamehameha the Great, of the independent island ...

, the United States and the

State of Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only state ...

hereby acknowledge the trust established under this Act and affirm their

fiduciary duty A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exampl ...

to faithfully administer the provisions of this Act on behalf of the native Hawaiian beneficiaries of the Act. :(d) Nothing in this Act shall be construed to: ::(1) Affect the rights of the descendants of the

indigenous Indigenous may refer to: *Indigenous peoples *Indigenous (ecology), presence in a region as the result of only natural processes, with no human intervention *Indigenous (band), an American blues-rock band *Indigenous (horse), a Hong Kong racehorse ...

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. 1990, c 349, §1ref>

Hawaiian Homelands

* Anahola-Kamalomalo * Auwaiolimu-Kalawahine-Kewalo-Papakolea * Hanapepe * Hoolehua-Palaau * Honokaia * Honokohau * Honomu-Kuhua * Humuula * Kahikinui * Kalamaula * Kalaoa *

Kalaupapa Kalaupapa () is a small unincorporated community on the island of Molokai, within Kalawao County in the U.S. state of Hawaii. In 1866, during the reign of Kamehameha V, the Hawaii legislature passed a law that resulted in the designation ...

* Kamaoa-Puueo * Kamiloloa * Kamoku-Kapulena * Kaniohale *

Kapaa Kapaa (Kauai dialect: Tapaa) is an unincorporated community and census-designated place (CDP) in Kauai County, Hawaii, United States. It is the most populous town in the island of Kauai, with a population of 11,652 as of the 2020 census, up from ...

* Kapaakea * Kapalama *

Kapolei Kapolei () is a planned community in Honolulu County, Hawaiʻi, United States, on the island of Oʻahu. It is colloquially known as the "second city" of Oʻahu, in relation to Honolulu. For statistical purposes, the United States Census Bureau ...

* Kaumana *

Kawaihae Kawaihae 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 is one of only two on the island, together with that of Hilo. Description The town's harbor includ ...

* Keanae * Kealakehe * Keaukaha *

Kekaha Kekaha (literally, "the place" in Hawaiian) is a census-designated place (CDP) in Kauai County, Hawaii, United States. The population was 3,715 at the 2020 census, up from 3,175 at the 2000 census. History For most of the 20th century, the Ke ...

* Keoniki * Kula *

Lahaina Lahaina ( haw, Lāhainā) is the largest census-designated place (CDP) in West Maui, Maui County, Hawaii, United States and includes the Kaanapali and Kapalua beach resorts. As of the 2020 census, the CDP had a resident population of 12,702. Laha ...

* Lalamilo *

Lualualei Lualualei, Hawaii is the largest coastal valley on the leeward side of Oahu in Hawaii. It is located on the west side of the Waianae Range Waianae () is a census-designated place (CDP) in Honolulu County, Hawaii, United States. As of the 2020 ...

* Makakupia * Makuu * Moiliili * Moloaa * Nanakuli * Nienie * Olaa * Panaewa * Pauahi * Paukukalo * Pihonua * Ponohawai * Princess Kahanu Estates Association * Puukapu * Puunene * Puna * Shafter Flats * Ualapue * Ulupalakua *

Waianae Waianae () is a census-designated place (CDP) in Honolulu County, Hawaii, United States. As of the 2020 census, the CDP population was 13,614. Its name means "waters of the mullet". Its etymology is shared with the far northern Wellington subu ...

* Waiohinu * Waiakea * Waiehu * Waikoloa-Waialeale * Wailau * Wailua * Wailua *

Wailuku Wailuku is a census-designated place (CDP) in and county seat of Maui County, Hawaii, United States. The population was 17,697 at the 2020 census. Wailuku is located just west of Kahului, at the mouth of the Iao Valley. In the early 20th centur ...

* Waimanalo *

Waimanu ''Waimanu'' is a genus of early penguin which lived during the Paleocene, soon after the Cretaceous–Paleogene extinction event, around 62–60 million years ago. It was about the size of an emperor penguin (1 metre). It is one of the most impor ...

* Waimea

References

External links

Hawaiian Homes Commission Act, 1920
as amended from the Hawaiian

Department of Hawaiian Home Lands Department may refer to: * Departmentalization, division of a larger organization into parts with specific responsibility Government and military *Department (administrative division), a geographical and administrative division within a country, ...

Hawaiian Homes Commission Act, 1920PDFdetails
as amended in the

GPO GPO may refer to: Government and politics * General Post Office, Dublin * General Post Office, in Britain * Social Security Government Pension Offset, a provision reducing benefits * Government Pharmaceutical Organization, a Thai state enterpris ...

br>Statute Compilations collection
{{DEFAULTSORT:Hawaiian Home Land 1921 in law Aboriginal title in the United States American Indian reservations History of racial segregation in the United States Indigenous land rights in Hawaii Lands reserved for indigenous peoples Legal history of Hawaii Native American topics Native Hawaiian history Politics of Hawaii Political divisions of the United States Types of administrative division United States federal Native American legislation

History

Purpose

Hawaiian Homelands

See also

References

Further reading

External links