HomeMy WebLinkAboutResolution No. 2026-18, Draft 1COUNTY COUNCIL
COUNTY OF KAUA'I
3aeso I ution No.2026-18,Draft 1
RESOLUTION STRONGLY OPPOSING THE FEDERAL LAWSUIT
RYAN V. WATSON WHICH CHALLENGES THE HAWAIIAN HOMES
COMMISSION ACT AND REAFFIRMING THE COUNTY OF KAUA'l'S
SUPPORT FOR THE POLITICAL, CULTURAL, AND TRUST
RELATIONSHIP BETWEEN THE UNITED STATES, THE STATE OF
HAWAl'I, AND THE NATIVE HAWAIIAN PEOPLE
WHEREAS, the Hawaiian Homes Commission Act of 1920 (HHCA), enacted
by the United States Congress and signed into law in 1921, established
approximately two hundred thousand (200,000) acres of Government and Crown
Lands of the Hawaiian Kingdom, which were transferred by the Republic of Hawai'i
to the United States, to be held in trust for homesteading by Native Hawaiian
beneficiaries; and
WHEREAS, Congress enacted the HHCA after extensive findings that Native
Hawaiians had suffered severe declines in population, land ownership, economic
opportunity, and social well-being, and determined that returning Native Hawaiians
to the land was a matter of national concern; and
WHEREAS, Congress expressly defined "Native Hawaiian" within the HHCA
and established eligibility standards for homestead leases as part of a federal trust
obligation intended to address historic dispossession and the loss of lands suffered by
the Native Hawaiian people; and
WHEREAS, the State of Hawai'i accepted the HHCA as a condition of
statehood through the Hawai 'i Admissions Act of 1959 (Public Law 86-3) and thereby
assumed solemn responsibilities to administer the trust for the benefit of Native
Hawaiians, including incorporation of the HHCA into the State Constitution; and
WHEREAS, the United States Government has since repeatedly recognized
Native Hawaiians as the Indigenous people of Hawai 'i and adopted a longstanding
federal policy recognizing the cultural independence and the importance of
rehabilitating and preserving the culture of Hawai'i's Indigenous peoples, as
evidenced by the Apology Resolution and a number of other federal laws addressing
their welfare, education, health, culture, housing, and self-determination; and
WHEREAS, nearly thirty thousand (30,000) qualified Native Hawaiian
beneficiaries remain on the Department of Hawaiian Home Lands waiting list,
demonstrating the continuing need for the HHCA trust and the importance of
fulfilling, rather than dismantling, the government's trust obligations; and
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WHEREAS, Ryan v. Watson, Case No. l:26-CV-00270, was filed on
June 1, 2026, in the United States District Court for the District of Hawai'i,
challenging the HHCA's blood-quantum requirement as unconstitutional race-based
discrimination; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'I,
STATE OF HA WAI'I, that the Council declares its strong support for the continued
preservation, protection, and fulfillment of the Hawaiian Homes Commission Act;
and
BE IT FURTHER RESOLVED, that the Kaua'i County Council declares its
strong support for the continued recognition of Native Hawaiians as Indigenous
people possessing a unique political, cultural, historical, and trust relationship with
the United States and the State of Hawai'i; and
BE IT FURTHER RESOLVED, that the Kaua'i County Council strongly
opposes the Ryan v. Watson lawsuit and concludes it is a direct affront to the
Congressional intent of the HHCA, to the vision of Prince Jonah Kuhi6 Kalani'anaole
in securing a permanent land base for the rehabilitation of the Native Hawaiian
people, and to the solemn trust obligations assumed by the State of Hawai'i and owed
to the Indigenous people of Hawai'i; and
BE IT FURTHER RESOLVED, that the Kaua'i County Council concludes the
Ryan v. Watson lawsuit fundamentally misunderstands the unique historical,
political, legal, and trust relationship between Native Hawaiians, the United States,
and the State of Hawai'i; and
BE IT FURTHER RESOLVED, that the Kaua'i County Council urges the
Congress of the United States, the President of the United States, and the State of
Hawai'i to continue to preserve, protect, and fulfill the Hawaiian Homes Commission
Act, and all other laws enacted for the continued preservation of the Native Hawaiian
people; and
BE IT FINALLY RESOLVED, that the County Clerk shall forward certified
copies of this Resolution to the President of the United States, the Secretary of the
Interior, Hawai 'i's Congressional Delegation, the Governor of the State of Hawai 'i,
the Attorney General of the State of Hawai'i, the Hawaiian Homes Commission, the
Department of Hawaiian Home Lands, the Office of Hawaiian Affairs, and the
Mayors of the Counties of the State of Hawai 'i.
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Introduced by: Isl KIPUKAI KUALI'I
Isl MEL RAPOZO
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<!Certificate <!&f ~boption
We berebp certifp tbat 3R.esolution ~o. 2026-18, Draft I
was abopteb bp tbe QCoundl of tbe QCountp of JRaua'i, ~tate of
T!)ab:lai'i, 1Libu'e, JRaua'i, T!)ab:lai'i, on June 17 1 2026
QCbairman & ,ilresibing <!&fficer
June 17, 2026
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