S.____________________________

 

                            A BILL

 

 

 

TO PROVIDE FOR THE RESOLUTION OF CERTAIN CLAIMS ARISING OUT OF

 

     THE ADMINISTRATION BY THE UNITED STATES AND BY THE STATE OF

     HAWAII OF THE HAWAIIAN HOME LANDS.

 

 

     BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES

 

OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED.

 

 

 

SECTION 1. FINDINGS.

 

1.   THE HAWAIIAN HOME COMMISSION ACT OF 1920 (42 USC 108) CREATED THE HAWAIIAN HOME LAND TRUST PROTECTING FROM ALIENATION THE CROWN AND GOVERNMENT LANDS OF THE KINGDOM OF HAWAII, WHICH IT ASSUMED SUZERAIN TRUST OVER IN 1898 BY U.S. SENATE RESOLUTION, FOR THE PURPOSE OF PROVIDING HOMESTEAD FOR, REHABILITATION OF, AND BENEFITS FOR THE ABORIGINAL INDIGENOUS HAWAIIANS.

 

2.   IN 1921, THE UNITED STATES CONGRESS AMENDED THE HAWAIIAN HOMES COMMISSION ACT ALLOWING 200,00 ACRES FOR REHABILITATION PROGRAMS FOR "NATIVE HAWAIIAN", DEFINED AS THOSE WITH 50% OR MORE BLOOD QUANTUM.

 

3.   FROM 1921 THROUGH 1959, THE UNITED STATES HAD THE ADMINISTRATIVE RESPONSIBILITY AND OBLIGATION TO MANAGE THE HAWAIIAN HOMELAND TRUST FOR THE BENEFIT OF THE [N]ATIVE HAWAIIANS AS BENEFICIARIES.

 

4.   THE ADMISSION ACT OF 1959 (73 USC 4) REQUIRED THE STATE OF HAWAII TO ADOPT THE HAWAIIAN HOMES COMMISSION ACT AS A "COMPACAT WITH THE UNITED STATES" AND HENCE AS A CONDITION OF STATEHOOD, AND OBLIGATED BOTH THE STATE OF HAWAII AND THE UNITED STATES GOVERNMENTS TO ENFORCE THE HAWAIIAN HOMES COMMISSION ACT, FOR THE BENEFIT OF NATIVE HAWAIIANS.

 

5.   FROM 1959 ONWARDS, THE STATE OF HAWAII HAS HAD THE ADMINISTRATIVE RESPONSIBILITY AND "OBLIGATIONS" TO MANAGE THE HAWAIIAN HOMES LANDS TRUST FOR THE BENEFIT OF [N]ATIVE HAWAIIAN BENEFICIANS OF THE TRUST.

 

6.   FROM 1959 ONWARD, THE UNITED STATES HAS HAD THE RESPONSIBILITY AND "SACRED TRUST OBLIGATION" UNDER INTERNATIONAL LAWS AND AS A MEMBER STATE OF THE UNITED NATION, TO ASSURE THAT THE STATE OF HAWAII MANAGES THE HAWAIIAN HOME LAND TRUST FRO THE BENEFIT OF [N]ATIVE HAWAIIANS AS BENEFICIARIES.

 

7.   IN 1983 A PRESIDENTIAL STUDY COMMISSION DOCUMENTED THE MIS-ADMINISTRATION OF THE HAWAIIAN HOME COMMISSION ACT, AND MADE SPECIFIC RECOMENDATIONS WHICH NUMBERED TO 100, FOR THE PROPER ADMINISTRATION OF THE ACT.

 

8.   IN AUGUST OF 1989, THE U.S. SENATE SELECT COMITTEE, CONDUCTED OVER-SIGHT

 

9.   IN 1991 AS A RESULT OF PETITIONS BY [N]ATIVE HAWAIIAN, QUALIFIED AS BENEFICIARIES, LEASES, AND APPLICANTS, THE U.S. DEPT. OF JUSTICE AND THE FBI CONDUCTED AN INVESTIGATION WHICH DISCLOSED WIDESPREAD FRAUD IN THE ADMINISTRATION OF THE ACT.

 

10.  IN ADDITION TO THE ADMINISTRATIVE FRAUD AND ILLEGAL TAXATION, OF THE BENEFICIARIES OF THE TRUST, INVESTIGATION ALSO REVEALED THE ILLEGAL ALIENATION OF THESE "TRUST LANDS" PROTECTED UNDER U.S. LAWS, BY AGENTS AND AGENCIES OF THE STATE OF HAWAII,

 

11.  THE RESULTS OF THE FBI INVESTIGATIONS AS YET HAVE NOT BEEN MADE PUBLIC, NOR HAVE CRIMINAL CHARGES DEALING WITH FRAUD, EXTORTION, AND RACKETEERING BEEN FILED BY THE U.S. DEPT. OF JUSTICE.

 

12.  THE EFFECTS OF THIS MIS-ADMINISTRATION ON THE HAWAIIAN HOMES ACT AND LAND TRUST HAVE BEEN MOST RECENTLY DOCUMENTED BY THE HAWAII ADVERSARY COMMITTEE TO THE U.S. COMMISSION ON CIVIL RIGHTS IN A DEC. 1991 REPORT TITLED; A BROKEN TRUST, THE HAWAIIAN HOMELANDS PROGRAM: SEVENTY YEARS OF FAILURE OF THE FEDERAL AND STATE GOVERNMENT TO PROTEST THE CIVIL RIGHTS OF NATIVE HAWAIIANS.

 

13 WITH THE PASSAGE OF "THE PROXMIRE ACT" IN 1988 WHICH CODIFIED THE CRIMES OF GENOCIDE, THE HAWAIIAN HOMES COMMISSION ACT, IS AMEMDED WHICH FORCES THE DISCRIMINATION BY BLOOD-QUANTUM WITHIN THE [N]ATIVE HAWAIIAN GROUP, THE HAWAIIAN HOME COMMISSION ACT, WAS AMENDED WITH ITS FORCED BLOOD QUANTUM REQUIREMENTS IS IN VIOLATIONS OF "THE PROXMIRE ACT" AND THE U.S. OBLIGATION TO THE UNITED NATIONS CONVENTIONS O THE PREVENTION AND PUNISHMENT OF THE CRIMES OF GENOCIDE.

 

14.  DUE TO THE DEPTH OF THE U.S. AND STATE OF HAWAII MIS-ADMINISTRATION OF THE HAWAIIAN HOME COMMISSION ACT AND THE HAWAIIAN HOME LANDS TRUST, AND THE DANFEROUS EFFECTS THAT CRIMINAL PROSECUTION COULD HAVE TOWARD THE MAINTENANCE OF PEACEFUL RELATIONS BETWEEN THE MANY NATIONALITIES AND FOREIGN CORPORATIONS WHO BENEFITTED FROM THIS MIS MANAGEMENT THERE EXISTS AN ERGENT NEED TO ENACT SPECIAL LEGISLATION TO REMEDY THE VIOLATIONS.

 

 

SECTION 2.  DEFINITIONS.

 

1.   THE TERM "NATIVE HAWAIIAN" MEANS FOR THE EXCLUSIVE PURPOSE OF THIS ACT, ANY INDIVIDUAL WHO IS CURRENTLY QUALIFIED AS ALEASE, OR APPLICANT TO THE HAWAIIAN HOME COMMISSION ACT (1921) AS AMENDED, AS A DESCENDANT OF THE ABORIGINAL PEOPLE WHO OCCUPIED THE AREA KNOWN AS THE HAWAIIAN ISLANDS.

 

2.   THE TERM "NATIVE HAWAIIAN ORGANIZATION" MEANS ANY ORGANIZATOIN, WHOSE MEMBERS ARE QUALIFIED AS LEASES, AND APPLICANTS TO THE HAWAIIAN HOMES COMMISSION ACT (1921) AS AMENDED, AND WHO ARE ORGANIZED FOR THE PURPOSES SET FORTH IN THE HAWAIIAN HOMES COMMISSION ACT, AND SERVING THE INTERESTS OF NATIVE HAWAIIANS IN ACCORDANCE WITH THE HAWAIIAN HOME COMMISSION ACT (1921) AS AMENDED:

 

3.   THE TERM "TRUST COUNCIL" MEANS THE INDIVIDUALS AND ORGANIZATIONS APPOINTED PURSUANT TO SECTIONS 4(A) OF THIS ACT TO CONDECATE THE OFFICE OF TRUST COUNCIL.

 

4.   THE TERM "SECRETARY" MEANS THE SECRETARY OF THE INTERIOR OF THE UNITED STATES.

 

5.   THE TERM "ATTORNEY GENERAL" MEANS THE ATTORNEY GENERAL OF THE UNITED STATES.

 

6.   THE TERM "ELIGIBLE BENEFICIARY" MEANS ANY NATIVE HAWAIIAN WHO WAS OR IS ELIGIBLE TO RECIEVE A LEASE, UNDER THE HAWAIIAN HOMES COMMISSION ACT (1921), AS AMENDED, WHETHER OR NOT SUCH INIDIVIDUAL WAS AWARDED A LEASE, IS CURRENTLY ON THE WAITING LIST, OR HAD BEEN REMOVED OR DISQUALIFIED AS A BENEFICIARY.

 

7.   THE TERM "HEIR" MEANS A SUCCESSOR TO REAL OR PERSONAL PROPERTY INTEREST EITHER BY WILL OR BY LAW AS EFFECTED BY THE ADMINISTRATIVE PROCEDURES OF THE HAWAIIAN HOMES COMMISSION ACT (1921) AS AMENDED.

 

8.   THE TERM "ABORIGINAL HAWAIIAN" MEANS ANY PERSON WHO IS A DESCENDANT OF THE ABORIGINAL PEOPLE OF THE HAWAIIAN ISLANDS.

 

 

SECTION 3. SUITS AGAINST THE UNITED STATES.

 

     A. JURISDICTION

 

     1.) INDIVIDUAL CLAIMS -- FOR THE PURPOSE OF RESOLVING CLAIMS OF CERTAIN INDIVIDUALS CLASSIFIED AS ELIGIBLE BENEFICIARES UNDER THE HAWAIIAN HOMES COMMISSION ACT (42 STAT. 108) AND THEIR HEIRS ARISING OUT OF OR IN CONNECTION WITH THE FAILURE OF THE UNITED STATES TO PROPERLY EXERCISE ITS FIDUCIARY SUZERIAN TRUST RESP0NSIBILITY UNDER THE HAWAIIAN HOMES COMMISSION ACT FOR THE PERIOD COMMENCING ON THE DATE OF THE ENACTMENT OF SUCH ACT AND ENDING ON AUGUST 20, 1959, JURISDICTION IS CONFERRED ON ANY UNITED STATES DISTRICT COURT TO HEAR, DETERMINE, AND RINDER JUDGEMENT OR OTHER APPROPIATE RELIEF WITHOUT REGARD TO ANY LIMITATION ON THE MAXIMUM AMOUNT OF RECOVERY, UPON ANY CIVIL ACTION FILED BY ANY ELIGIBLE BENEFICIARY OR HEIR ON AN INDIVIDUAL OR CLASS BASIS.

 

     2.) CLAIMS ON BEHALF OF THE HAWAIIAN HOMES LANDS TRUST -- FOR THE  PURPOSE OF RESOLVING CLAIMS OF ABORIGINAL HAWAIIAN AND NATIVE HAWAIIAN HOMES LANDS TRUST ARISING OUT OF THE UNITED STATES TO PROPERLY EXERCISE ITS SUZERIAN AND FIDUCIARY TRUST RESPONSIBILITIES UNDER THE HAWAIIAN HOMES COMMISSION ACT FOR THE PERIOD COMMENCING ON THE DATE OF THE ENACTMENT OF SUCH ACT AND UP TILL THE PRESENT TIME UNTIL SUCH CLAIMS TO THE HAWAIIAN HOMES LAND TITLES ARE SETTLED BY AN EXECUTIVE CLAIMS SETTLEMENT AGREEMENT WHICH WILL INCLUDE THE RECOGNITION AND RESTORATION OF AN INDEPENDENT GOVEERNMENT OF THE ABORIGINAL HAWAIIANS. SUCH EXECUTIVE SETTLEMENT TO INCLUDE RELINQUISHMENT OF SUZERIAN FUNCTION ASSUMED BY THE UNITED STATES BY MEANS OF THE NEWLANDS RESOLUTION OF ANNEXATION OF 1898, AND PURSUANT TO THE ORGANIC ACT OF 1900.

 

     (3) WAIVERS,-- SUCH JURISDICTION IS CONFERRED NOT WITHSTANDING ANY STATUE OF LIMITATION, LAPSE OF TIME, OR BARS OF LACHES. THE UNITED STATES SHOULD BE HELD TO THE HIGHEST STANDARDS OF A FIDUCIARY, AND SHALL NOT AVAIL ITSELF OF ANY DEFENSE RELATED TO ALTERNATIVE OR COMPETING PUBLIC PURPOSES.

    

     (B) TIME FOR COMMENCING ACTION --- A CIVIL ACTION COMMENCED UNDER THIS SECTION MAY BE BROUGHT AT ANY TIME WITHIN FIFTEEN YEARS AFTER THE DATE OF ENACTMENT OF THE ACT.

 

     (C) WAIVER OF SOVEREIGN IMMUNITY --- THE UNITED STATES WAIVES ANY CLAIMS OF SOVEREIGN IMMUNITY WITH RESPECT TO A CIVIL ACTION FILED UNDER THIS ACT.

 

     (D) PROCEDURES --- EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION PROCEEDING FOR THE DETERMINATION OF ANY CLAIM UNDER THIS SECTION, AND THE REVIEW AND PAYMENT OF ANY JUDGEMENTS THEREON, SHALL BE HAD IN THE SAME MANNER AS IN THE CASE OF CLAIMS OVER WHICH EACH COURT HAS JURISDICTION UNDER SECTIONS 1345 (B) AND 1346 (B) OF TITLE 28 UNITED STATES CODE.

 

SECTION 4. SUIT BY THE UNITED STATE FOR BREACH OF TRUST BY THE STATE OF HAWAII IN ADMINISTERING THE HAWAIIAN HOMES LAND TRUST.

 

     (A)  CREATION OF THE OFFICE OF TRUST COUNSEL.

 

          (1) THERE IS HEREBY CREATED THE OFFICE OF THE SECRETARY OF THE INTERIOR, AN OFFICE OF TRUST COUNSELS WHICH SHALL BE LOCATED IN THE STATE OF HAWAII AND SHALL EXERCISE THE UNITED STATES SUPERVISORY RESPONSIBILITIES UNDER THE HAWAII ADMISSIONS ACT (73 STAT. 5, AS AMENDED). THE OFFICE SHALL BE HEADED BY  (1) TRIBUNAL OF HAWAIIAN HOMESTEADERS, (2) U.S. DEPARTMENT OF INTERIOR, OFFICE OF INSPECTOR GENERAL.

 

          (2) THE TRUST COUNSEL(S) SHALL BE INDIVIDUAL AND/OR ENTITIES WITH EXTENSIVE BACKGROUNDS WHICH THE HAWAIIAN HOMES COMMISSION ACT AND ITS APPLICATIONS TO "..NATIVE HAWAIIANS.." DEFINED BY THE HAWAIIAN HOMES COMMISSION ACT, AND WHO HAS RESIDED IN THE STATE OF HAWAII FOR AT LEAST FIVE OF THE TEN YEARS PRESEDING THE APPOINTMENT.

 

          (3) THE TRUST COUNSEL(S) SHALL BE THE "..NATIUVE HAWAIIAN.." TRIBUNAL, AND A UNITED STATE TRUST COUNSEL, AND TWO QUALIFIED INDIVIDUALS NOMINATED BY THE GOVERNOR OF HAWAII.

 

          (4) APPOINTMENT BY THE SECRETARY SHALL BE EFFECTIVE ON AN INTERIM BASIS. FOR THE NATIVE HAWAIIAN TRIBUNAL SHALL BE COMPOSED OF ELIGABLE "..NATIVE HAWAIIAN.." OF THEIR REPRESENTATIVE ORGANIZATIONSK, ELIGABLE BY PETITIONS.

 

          (5) UPON CONFIRMATION(S) THE TRUST COUNSEL(S) SHALL BE IN PERPETUITY FOR THE NATIVE HAWAIIAN TRIBUNAL, AND BY TWO YEAR TERMS FOR THE UNITED STATE TRUST COUNSEL, AND, TWO YEAR TERMS FOR THE (s)TATE OF HAWAII APPOINTEES, WHICH CAN BE REMOVED FROM OFFICE FOR CAUSE AT A FULL AND FAIR HEARING BEFORE THE NATIVE HAWAIIAN TRUST.

 

     (B) CLAIM FORM.  CLAIM PURSUANT TO SUBJECTION (B) SHALL BE SUBMITTED AT ANY TIME, AND IN SUCH MANNER AND FORM, AS PROVIDED BY THE NATIVE HAWAIIAN TRIBUNAL, AND NATIVE HAWAIIAN ORGANIZATIONS.

    

     (C) INVESTIGATION.  THE TRUST COUNSEL(S) SHALL INVESTIGATE SUCH CLAIMS WITH A VIEW TO DETERMINING THEIR VALIDITY AND MERIT.

 

     (D) DETERMINATION.  THE TRUST COUNSEL(S) SHALL MAKE A DETERMINATION OF VALIDITY AND MERIT WITHIN THREE YEARS FROM RECEIPT.

 

     (E) REFERRAL TO THE ATTORNEY GENERAL.  EACH CLAIM DETERMINED TO HAVE MERIT SHALL BE REFFERED TOGETHER WITH THE FINDINGS AND RESOMMENDATIONS OF THE TRUST COUNSEL(S) RESULTING FROM SUCH INVESTIGATIONS TO THE ADJUTANT GENERAL FOR LIQUIDATION, AND, PAYMENTS IN CONSIDERATION.

 

     (F) APPEALS FROM DETERMINATIONS OF THE TRUST COUNSEL.

APPEALS FROM THE DETERMINATION OF THE TRUST COUNSEL THAT A CLAIM IS NOT SUFFICIENTLY MERITORIOUS TO BE REFERRED TO DIRECTLY TO THE INTERNATIONAL COURT OF JUSTICE, WORLD COURT, THE HAGUE, NETHERLANDS, AND THE INDIGENOUS NATIVE HAWAIIANS, AND THE OHANA (FAMILY) COUNCILS, TO ISSUE A DECLATORY JUDGMENT THAT A CLAIM IS MERITORIOUS . REASONABLE COSTS, EXPENSES, AND ATTORNEYS FEES SHALL BE PAID BY THE UNITED STATES TO CLAIMANTS WHERE A COURT RULES AGAINST THE TRUST COUNSEL(S).

 

     (G) AUTHORITY TO INITIATE ACTION.  THE TRUST COUNCILS ARE AUTHORIZED TO INITIATE ACTION WITH RESPECT TO ANY MERITORIOUS CLAIM AGAINST THE UNITED STATES OF AMERICA AND THE STATE OF HAWAII IN AMY UNITED STATES DISTRICT COURT, AND  STATE COURTS.

 

     (H) WAIVERS.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, OR ANY STATUTE OF LIMITATIONS OR BAR OF LACHES OR LAPSE OF TIME, JURISDICTION IS CONFERRED UPON THE OFFICE OF INTERIOR, UNDER THE OFFICE OF HEARING AND APPEALS, THROUGH THE NATIVE HAWAIIAN TRIBUNAL, TO HEAAR, DETERMINE, AND RENDER JUDGEMENT FOR DAMAGES OR OTHER APPROPRIATE RELIEF (WITHOUT REGARD TO ANY LIMITATION ON THE MAXIMUN AMOUNT OF RECOVERY) UPON ANY OR ALL SUCH CLAIMS. THE UNITED STATES OF AMERICA AND THE STATE OF HAWAII SHALL BE HELD TO THE HIGHEST STANDARDS OF A FIDUCIARY AND SHALL NOT AVAIL ITSELF OF ANY DEFENSES RELATED TO ALTERNTIVE OR COMPETING PUBLIC PURPOSES.

 

     (I) TIME LIMITAION.  SUIT UPON ANY SUCH CLAIM ARISING BEFORE THE ENACTMENT OF THIS ACT MAY BE INSTITUTED AT ANY TIME WITHIN 15 YEARS AFTER THE ENACTMENT OF THIS ACT. CLAIMS ARISING AFTER THE ENACTMENT OF THIS ACT MAY BE INSTITUTED AT ANY TIME WITHOUT STATUTE OF LIMITATION AFTER THE DATE OF THE EVENTS OR EVENTS GIVEN RISE TO SUCH CLAIM. PROCEEDINGS FOR THE DETERMINATION OF SUCH CLAIMS AND REVIEW THEREOF AND PAYMENT OF ANY JUDGMENT THEREON SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF LAW APPLICABLE TO THE CASES WHICH INTHE JURISDICTION UNDER THE PROVISIONS OF THIS ACT SECTION 1345 (B) OF TITLE 28 OF THE UNITED STATES CODE.

 

     (J) FAILURE OF THE SECRETARY TO ACT.  IF THE SECRETARY DOES NOT WITHIN TWO YEARS OF RECEIPT OF A MERITORIOUS CLAIM FROM THE TRUST COUNSEL OR FROM A JUDICIAL DETERMINATION PURSUANT TO SUBSECTION (F) OF THIS SECTION INITIATE AN ACTION AGAINST THE STATE OF HAWAII, THE TRUST COUNSEL(S) SHALL FROM AVAILABLE FUNDS PROVIDE FOR THE APPOINTMENT FO A NEW UNITED STATE SPECIAL COUNSEL, AND TO INITIATE SUIT ON BEHALF OF THE NATIVE HAWAIIANS BENEFICIARIES UNDER THE HAWAIIAN HOMES COMMISSION ACT, AGAINST THE UNITED STATES OF AMERICA, AND THE STATE OF HAWAII TO ENFORCE THE PROVISION OF THIS SECTION, THE TRUST COUNSEL(S) ARE ALSO AUTHORIZED TO APPOINT SPECIAL COUNSEL IN ANU INSTANCE WHERE THE UNITED STATES WOULD HAVE A CONFLICT OF INTEREST OF THE ATTORNEY GENERAL REPRESENTS CLAIMENTS.

 

     (K) AWARDS.  IF A CLAIM IS UPHELD, THE TRUST COUNSEL(S) SHALL DETERMINE APPROPRIATE RELIEF WHICH MAY INCLUDE COUVEYING JURISDICTION OVER LANDS WHERE APPROPRIATE AND IF TITLE RESIDES WITH THE STATE OF HAWAII, RO THE NATIVE HAWAIIANS, ET AL, FOR PROVIDING MONETARY COMPENSATION, ISSUING A HOMESTEAD AWARDS, OR SUCH OTHER RELIEF AS MAY BE APPROPRIATE. SUBMERGED LANDS, RIGHTS TO THE WATER COLUMN AND ITS RESOURCES, OR MINERAL RIGHTS SHALL BE AWARDED WHERE APPROPRIATE. REASONABLE COSTS, EXPENSES, AND ATTORNEYS FEES SHALL BE AWARDED TO CLAIMANTS AS DETERMINED BY THE TRIBUNAL COUNCIL(S).

 

SECTION 5. ASSISTANCE.

 

     (A) ASSISTANCE.  UPON THE APPLICATION OF ANY ELIGIBLE CLAIMANT UNDER THIS ACT, THE TRUST COUNSEL(S) SHALL AUTHORIZE AND MAKE AVAILABLE FUNANCIAL ASSISTANCE SUFFICIENT TO ENABLE SUCH CLAIMANT TO SECURE PRIVATE LEGAL REPRESENTATION FOR THE PURPOSE OF PURSUING A CLAIM UNDER EITHER SECTION 3 OR SECTION 4 OF THIS ACT. APPLICATIONS FOR ASSISTANCE SHALL BE IN SUCH FORM, SONTAIN SUCH INFORMATION, AND BE SUBMITTED AT SUCH TIME AS PROVIDED IN THE REGULATIONS AUTHORIZED IN SECTION 4 OF THIS ACT.

 

     (B) AUTHORIZATION.  THERE IS AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY OF THE INTERIOR FOR THE OFFICE OF APPEALS AND HEARINGS, SUCH SUMS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT.

 

SECTION 6. DISCLAIMERS.

 

     (A) LIABILITY.  NOTHING IN THIS ACT SHALL BE CONTRUED AS AN INFERENCE OF LIABILITY ON THE PART OF THE UNITED STATES.

 

     (B) PRECEDENT.

          (1) NOTHING IN THIS ACT SHALL AFFECTK, DIMINISHK, OR LIMIT IN ANY WAY, WHATEVER RESPONSIBILITY OR LIABILITY THAT THE UNITED STATES OR THE STATE OF HAWAII MAY HAVE TO NATIVE HAWAIIANS WITH RESPECT TO THE OVERTHROW OF THE HAWAIIAN MONARCHY AND THE SUBSEQUENT ACQUISITION OF TH GOVERNMENT AND CROWN LANDS OF THE KINGDOM OF HAWAII BY THE UNITED STATES AND THE STATE OF HAWAII.

 

          (2) NOTHING IN THIS ACT SHALL AFFECTK, DIMINISHK, OR LIMIT IN ANY WAY, WHATEVER RESPONSIBILITY OR LIABILITY THE UNITED STATES MAY HAVE PURSUANT TO 42 U.S.C. SECTION 1983 TO NATIVE HAWAIIANS.

return to index