[Senate Hearing 117-318]
[From the U.S. Government Publishing Office]
S. Hrg. 117-318
UPHOLDING THE FEDERAL TRUST
RESPONSIBILITY: FUNDING AND PROGRAM
ACCESS FOR INNOVATION FOR NATIVE
HAWAIIANS_PART 1 AND 2
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HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
__________
JUNE 1 and 2, 2022
__________
Printed for the use of the Committee on Indian Affairs
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
__________
U.S. GOVERNMENT PUBLISHING OFFICE
48-137 PDF WASHINGTON : 2022
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COMMITTEE ON INDIAN AFFAIRS
BRIAN SCHATZ, Hawaii, Chairman
LISA MURKOWSKI, Alaska, Vice Chairman
MARIA CANTWELL, Washington JOHN HOEVEN, North Dakota
JON TESTER, Montana JAMES LANKFORD, Oklahoma
CATHERINE CORTEZ MASTO, Nevada STEVE DAINES, Montana
TINA SMITH, Minnesota MIKE ROUNDS, South Dakota
BEN RAY LUJAN, New Mexico JERRY MORAN, Kansas
Jennifer Romero, Majority Staff Director and Chief Counsel
Lucy Murfitt, Minority Staff Director and Chief Counsel
C O N T E N T S
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Page
Field hearing held on June 1 and 2, 2022......................... 1
Statement of Senator Schatz...................................... 1
Witnesses
June 1, 2022.....................................................
Aila, Jr., William J., Chairman, Hawaiian Homes Commission....... 15
Prepared statement........................................... 18
Daniels, Sheri-Ann, Ed.D., Chief Executive Officer, Papa Ola
LoKahi......................................................... 35
Prepared statement........................................... 38
Farden, Elena, Executive Director, Native Hawaiian Education
Council........................................................ 55
Prepared statement........................................... 58
Lee, Winona Kaalouahi, M.D., Associate Chair, Medical Education,
Department of Native Hawaiian Health, John A. Burns School of
Medicine, University of Hawai'i................................ 44
Prepared statement........................................... 46
Lewis, Kuhio, President/CEO, Council for Native Hawaiian
Advancement.................................................... 24
Prepared statement........................................... 25
Lindsey, Hon. Carmen ``Hulu'', Chair, Board of Trustees, Office
of Hawaiian Affairs............................................ 2
Prepared statement........................................... 4
June 2, 2022.....................................................
Statement of Senator Schatz...................................... 71
Kalili, Amy, Partner, Pilina First LLP........................... 100
Prepared statement........................................... 104
Kawai'ae'a, Keiki, Ph.D., Director, Ka Haka `Ula O Ke`elikoLani
College of Hawaiian Language at the University of Hawai`i...... 93
Prepared statement........................................... 96
Kawelu, Luana, Director, Merrie Monarch Festival................. 115
Prepared statement........................................... 119
Lincoln, Noa Kekuewa, Ph.D., Advisor, Hawai`i `Ulu Cooperative;
President, MaLa Kalu`ulu Cooperative; and Associate Research
Professor, University of Hawai`i............................... 120
Prepared statement........................................... 123
Nae`ole-Wong, KaHealani, Head of School, Kamehameha Schools...... 83
Prepared statement........................................... 86
Rawlins, Namaka, Director, Hale Kipa `Oiwi....................... 72
Prepared statement........................................... 74
Zane, KuHa'o, Creative Director, Sig Zane Designs and Szkaiao;
Kalaimoku Board of Directors, Edith Kanaka`ole Foundation...... 126
Prepared statement........................................... 128
Additional statement for the record
Wilson, Dr. William H., Ka Haka `Ula O Ke`elikolani College of
Hawaiian Language, University of Hawai`i, prepared statement... 132
UPHOLDING THE FEDERAL TRUST
RESPONSIBILITY: FUNDING AND PROGRAM ACCESS FOR INNOVATION FOR NATIVE
HAWAIIANS--PART 1
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WEDNESDAY, JUNE 1, 2022
U.S. Senate,
Committee on Indian Affairs,
Honolulu, HI.
The Committee met, pursuant to notice, at 10:25 a.m. HST in
the Keoni Auditorium of the East-West Center, Honolulu, Hawaii,
Hon. Brian Schatz, Chairman of the Committee, presiding. *
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* Due to poor audio reception; there are several indiscernible text
throughout this hearing.
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OPENING STATEMENT OF HON. BRIAN SCHATZ,
U.S. SENATOR FROM HAWAII
The Chairman. Aloha. Good morning. Thank you so much for
that beautiful program and welcome. Thank you to everybody for
being here, thank you to my mother for being here. Thank you to
the personnel of the Senate Indian Affairs Committee for making
the long journey and for putting this together.
I want to thank the East-West Center for continuing to be
the premier place for convening in the Asian Pacific Region and
giving us this beautiful venue to conduct this important
hearing. It is great to be here at home among friends to talk
about how we can work together to meet the needs of the Native
Hawaiian community.
Since I took over as chairman of the Senate Committee on
Indian Affairs, we have worked to amplify Native Hawaiian
voices and serve Native Hawaiian needs on the Committee, in the
Senate and beyond. That is because too often Native Hawaiians
are left out of the conversation about the Federal trust
responsibility, because people don't understand the unique way
that Native Hawaiians engage with the Federal Government,
through trust and State agencies, instead of a single,
centralized government like Indian tribes.
But this is no excuse. The Federal Government has a trust
responsibility to Native Hawaiians, just like it does with
American Indians and Alaska Natives. That trust responsibility
must be met.
That is why we brought this conversation home for the first
time in more than a decade to hear directly from you about how
the Committee can seek equity for Native Hawaiians, to hear
about your successes and your challenges and your
recommendations for supporting and thriving the Native Hawaiian
community.
Over the past two years, we have made a lot of progress. We
delivered the biggest Federal investment in American history,
more than $270 million in direct funding for Native Hawaiians,
$270 million from the Federal Government in direct funding for
Native Hawaiians. There are two ways to look at that. One is
that that is extraordinary, and that is great. The other is, as
able deputy 02:40[indiscernible] reminds me, it is also not
enough. It is just the beginning of what we need to accomplish.
But we did accomplish increases across the border; housing,
education, healthcare, food and agriculture, high-speed
internet connectivity and culture and the arts. We also helped
to secure important policy changes in the Violence Against
Women Act to address domestic violence in the Native Hawaiian
community, including setting up a review of Federal crime
prevention, victim service, and criminal justice programs
serving Native Hawaiians and ordering a Federal report on
Native Hawaiians in the criminal justice system, and sending $1
million in new funding to the Native Hawaiian Resource Center
on Domestic Violence.
This is just a start, because we know that we have so much
more to do. So I look forward to your testimony and our
discussion.
I want to extend a warm welcome to all of you, especially
to say aloha to our witnesses. I will now introduce our first
panel.
First, we have the Honorable Carmen ``Hulu'' Lindsey, Chair
of the Board of Trustees of the Office of Hawaiian Affairs.
Then we have Mr. William Aila, Chair of the Hawaiian Homes
Commission; Mr. Kuhio Lewis, President and Chief Executive
officer of the Council for Native Hawaiian Advancement.
I will remind our witnesses that we have your full
testimony as part of the official hearing record. We would like
you to try to target something less than 10 minutes for your
initial testimony, although it is just us. So if you feel like
going 12, nobody's feelings will be hurt.
Chairman Lindsey, please proceed with your testimony.
STATEMENT OF HON. CARMEN ``HULU'' LINDSEY, CHAIR, BOARD OF
TRUSTEES, OFFICE OF HAWAIIAN AFFAIRS
Ms. Lindsey. Thank you. Aloha Chairman Schatz and Vice
Chair Murkowski, if she is watching today, and members of the
U.S. Senate Committee on Indian Affairs.
Mahalo nui loa for inviting me to testify on behalf of the
Office of Hawaiian Affairs and our beneficiaries, the Native
Hawaiian community. We are pleased to welcome you to our island
home to engage face to face with our Native Hawaiian community.
While many of you may be joining us by videoconference, we hope
that you will be able to feel the aloha spirit we bring and
offer to you.
This field hearing allows us to convey and illustrate to
you what it means to uphold the Federal trust responsibility
through the exercise of self-determination, our rights to chart
our own course and continue our distinct traditions, cultures,
language and Native ways, and our rights to economic equity and
prosperity, and the necessary support to raise the standard of
living, health, and social wellbeing of our people in our
Native homeland.
Chairman Schatz, OHA continues to recognize your work on
behalf of our families in Hawaii. You have been a champion on
stopping the trafficking of Hawaiian women and children,
including Native perspectives in Federal climate action, and
addressing disparities for Native Hawaiians in health,
education, broadband access and food security. We are
particularly grateful for your continuing efforts to ensure
that Native Hawaiians are eligible for and gain access to
Federal policy and funding, healthcare, housing, education,
food, and social services, and supporting resource and
innovation and equity centers.
We request the Committee's and Congress' support in
honoring the Federal trust responsibility via policy, funding
and programming implementation in the following ways. One,
funding for a commissioned report of lands ceded to the
stewardship of and management by the State government via the
1959 Admissions Act, including the Hawaiian home lands for the
benefit of Native Hawaiians pursuant to the Hawaiian Homes
Commission Act of 1920.
Two, ensuring that Native Hawaiians are included in all
Federal conference, coordination, engagement, and consultation
policies and practices. Three, persisting in the accelerated
defueling and closure of the Red Hill fuel storage tanks. Four,
funding environmental assessment and cleanup of sacred lands
polluted and contaminated by the United States Military. Five,
ensuring funding and programming equity for all Native
Americans, including American Indians, Alaska Natives, and
Native Hawaiians.
Established by our State's constitution, OHA is a semi-
autonomous agency of the State of Hawaii mandated to better the
conditions of Native Hawaiians. Guided by a board of nine
publicly elected trustees, all of whom are Native Hawaiian, OHA
fulfills its mandate through advocacy, research, community
engagement, land management, and the funding of community
programs.
Hawaii State law recognizes OHA as the principal public
agency in the State responsible for the performance,
development, and coordination of programs and activities
relating to Native Hawaiians. Furthermore, State law directs
OHA to advocate on behalf of Native Hawaiians, to advise and
inform Federal officials about Native Hawaiian programs, and to
coordinate Federal activities relating to Native Hawaiians.
In 2020, OHA enacted a new 15-year strategic plan for 2020
through 2035 entitled Mana I Mauli Ola, Strength to Wellbeing.
It builds upon three foundations that have the power to affect
the wellbeing of Native Hawaiians: one, Ohana, which is family;
two, Mo'omeheu, culture; and three, `Aina, land and water. OHA
is building off these foundations to bring OHA's vision
statement to life: Ho'oulu Lahui Aloha, To Raise a Beloved
Lahui. OHA believes that what is good for the conditions of
Native Hawaiians is good for Hawaii as a whole.
As a State agency, OHA is able to be a conduit for
effective programming and funding for the Committee and
Congress. Over the past 40 years of existence, OHA employed
multiple mechanisms such as direct service staffing via
payroll, contracts, memorandums of understanding and
agreements, direct appropriations, loans, and grants to and
with NHOs and communities, to effect its work on behalf of our
Native Hawaiian beneficiary community.
OHA stands ready to assist the Committee and Congress in
accomplishing this important work, both now and in the future.
I have OHA's Chief Executive officer, Dr. Sylvia Hussey, and
our legal counsel, Sherry Broder, here to respond to any
Committee questions and to provide follow-up information.
Thank you for this opportunity to testify.
[The prepared statement of Ms. Lindsey follows:]
Prepared Statement of Hon. Carmen ``Hulu'' Lindsey, Chair, Board of
Trustees, Office of Hawaiian Affairs
Aloha e Chairman Schatz, Vice Chairman Murkowski, and Members of
the U.S. Senate Committee on Indian Affairs.
Mahalo nui loa (Thank you very much) for inviting me to testify on
behalf of the Office of Hawaiian Affairs (OHA) and our beneficiaries--
the Native Hawaiian community. We are pleased to welcome you to our
island home, to engage face to face with our Native Hawaiian people,
and while many of you may be joining us by videoconference, we hope
that you will feel the aloha spirit we bring and offer to you. Your
prioritization of this field hearing, and physical presence in our
homeland, reassures the Native Hawaiian people of the Committee's and
Congress' attention to the federal government's continuing trust
responsibility to our people. This field hearing allows us to convey
and illustrate to you, what it means to uphold the federal trust
responsibility, through the exercise of self-determination--our rights
to chart our own course and maintain our distinct traditions, cultures,
language and Native ways, and our rights to economic equity and
prosperity and the necessary support to raise the standard of living,
health and social well-being of our people in our homeland.
Chairman Schatz, OHA continues to recognize your work on behalf of
our families in Hawai`i. You have been a champion on stopping the
trafficking of Hawaiian women and children, including Native
perspectives in federal climate action, and addressing disparities for
Native Hawaiians in health, education, broadband access, and food
security. We are particularly grateful for your continuing efforts to
ensure that Native Hawaiians are eligible for and gain access to
federal Coronavirus Disease (COVID-19) relief. As Congress continues to
implement policy, including unprecedented funding and programming
responses, we appreciate your broad, yet integrated, funding of federal
programs providing health care, housing, education, food, and social
services to Native Hawaiians, including supporting research, resource
and innovation and equity centers.
We request the Committee's and Congress' support in honoring the
federal trust responsibility via policy, funding and programming
implementation in the following ways: (1) funding for a commissioned
report of lands ceded to the stewardship of and management by the state
government via the 1959 Admissions Act, \1\ including the Hawaiian home
lands, for the benefit of native Hawaiians pursuant to the Hawaiian
Homes Commission Act (1920); (2) ensuring that Native Hawaiians are
included in all federal conference, coordination, engagement and
consultation policies and practices; (3) persisting in the accelerated
defueling and closure of the Red Hill fuel storage tanks; (4) funding
environmental assessment and cleanup of sacred lands polluted and
contaminated by the United States military; and (5) ensuring funding
and programming equity for all Native Americans, including American
Indians, Alaska Natives, and Native Hawaiians in broad yet integrated
areas that impact our families (e.g., poverty, violence, human
trafficking, foster care, prison reform, elder care); our natural
environment and resources (e.g., climate change, land, water, seas,
streams, oceans, lakes); and our culture (e.g., language, education,
health, traditions, practice, repatriation).
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\1\ The Admission Act, An Act to Provide for the Admission of the
State of Hawaii into the Union, March 18, 1959, Pub L 86-3, 73 Stat 4.
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Background on OHA and its Standing to Represent Native Hawaiians
Established by our state's Constitution, \2\ OHA is a semi-
autonomous agency of the State of Hawai`i mandated to better the
conditions of Native Hawaiians. Guided by a board of nine publicly
elected trustees, all of whom are Native Hawaiian, OHA fulfills its
mandate through advocacy, research, community engagement, land
management, and the funding of community programs. Hawai`i state law
recognizes OHA as the principal public agency in the state responsible
for the performance, development, and coordination of programs and
activities relating to Native Hawaiians. \3\ Furthermore, state law
directs OHA to advocate on behalf of Native Hawaiians; \4\ to advise
and inform federal officials about Native Hawaiian programs; and to
coordinate federal activities relating to Native Hawaiians. \5\
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\2\ Haw. Const., art. XII, 5 (1978).
\3\ Haw. Rev. Stat. 10-3(3).
\4\ Haw. Rev. Stat. 10-3(4).
\5\ Haw. Rev. Stat. 10-6(a)(4).
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(1) Commission and Funding of a Ceded Lands Inventory Report
The terms of statehood considered the plight of the Hawaiian
people, specifically in the Admission Act of 1959. Section 5(f) of the
Act refers to the crown and government lands of the Hawaiian Kingdom,
which had been designated ``ceded'' to the Republic of Hawai`i, and
then to the United States. The Act conveyed these lands to the new
State of Hawai`i with the caveat that revenues were to constitute a
trust for five purposes. One of these was the betterment of the
conditions of Native Hawaiians. By any measure, those conditions were
sorely in need of improvement, but, by 1978, they had not changed for
the better, as the state's trust obligation went ignored.
The ceded lands, consisting of crown lands, once property of the
Hawaiian monarchy, and of the government lands of the Kingdom of
Hawai`i, totaled 1.8 million acres upon annexation in 1898. Pursuant to
the Joint Resolution of Annexation, all of these lands were considered
transferred or ``ceded'' to the United States government ``for the
benefit of the inhabitants of the Hawaiian Islands.'' Underscoring the
federal trust responsibility are the findings of the US Congress in the
Apology Resolution \6\ (emphasis added):
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\6\ Public Law 103-150 (1993).
``Whereas, the Republic of Hawaii also ceded 1,800,000 acres of
crown, government, and public lands of the Kingdom of Hawaii,
without the consent of or compensation to the Native Hawaiian
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people of Hawaii or their sovereign government.''
``Whereas, the indigenous Hawaiian people never directly
relinquished their claims to their inherent sovereignty as a
people or over their national lands to the United States,
either through their monarchy or through a plebiscite or
referendum''
Upon statehood in 1959, the federal government returned to the
State of Hawai`i all ceded lands not set aside for its own use. Section
5(f) of the Admission Act, directed the state to hold the lands in
trust, listed the following five purposes:
1. The support of public education;
2. The betterment of the conditions of native Hawaiians as
defined in the Hawaiian Homes Commission Act of 1920;
3. The development of farm and home ownership;
4. The making of public improvements; and
5. The provision of lands for public use.
Thus, the Federal Government delegated a portion of its fiduciary
duties to the indigenous peoples of Hawai'i, which courts have found
must be ``judged by the most exacting fiduciary standards,'' to the
State of Hawai'i via the Admissions Act, Section 5(f) of the public
trust lands. Yet 63 years after statehood, the State does not have a
complete inventory of classified public trust lands. In addition, a
complete inventory of ceded lands, including classifications by former
Kingdom Government and Crown lands, and by holdings by the federal,
state and county governments, is critical for the federal government to
uphold its federal trust responsibility to Native Hawaiians.
Accordingly, OHA requests the Committee consider the commission and
funding of a ceded lands inventory report.
(2) Broad Inclusion in Federal Conference, Coordination, Engagement and
Consultation Policies and Practices
Native Hawaiians are owed the same trust responsibility as any
other Native American group. To meet this obligation, Congress-
oftentimes through the bipartisan work of this Committee and its
Members-create policies to promote education, health, housing, and a
variety of other federal programs that support Native Hawaiian self-
determination including economic equity and prosperity. Similar to
American Indians and Alaska Natives, Native Hawaiians have never
relinquished our right to self-determination despite the United States'
involvement in the illegal overthrow of Queen Lili`uokalani in 1893 and
the dismantling of our Hawaiian government. In fact, over 150 Acts of
Congress consistently and expressly acknowledged or recognized a
special political and trust relationship to Native Hawaiians based on
our status as the Indigenous, once-sovereign people of Hawai`i. Among
these laws are the Hawaiian Homes Commission Act, 1920 (42 Stat. 108)
(1921), the Native Hawaiian Education Act (20 U.S.C. 7511) (1988),
the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11701)
(1988), and the Hawaiian Homelands Homeownership Act codified in the
Native American Housing Assistance and Self Determination Act
(NAHASDA), Title VIII (25 U.S.C. 4221) (2000).
While the federal trust responsibility has many facets, one of the
most critical safeguards of effective self-determination is the ability
to consult with the federal government. Under President Clinton's
Executive Order 13175, and subsequent memoranda from the Bush, Obama,
and now Biden Administrations, the U.S. Government recognizes the right
to sovereignty and self-determination of this nation's Native people.
While this is a step in the right direction, the omission of Native
Hawaiians from federal conference, coordination, engagement and
consultation requirements has stifled and limited Native Hawaiian
voices from being able to comment upon and inform federal projects and
programs for the past two decades. Despite our exclusion from these
executive orders, Congress's thoughtful inclusion of Native Hawaiians
in key legislation like the Native American Graves Protection and
Repatriation Act (NAGPRA) (25 U.S.C. 3001) and the National Historic
Preservation Act (NHPA) (16 U.S.C. 470 et seq.) have demonstrated
that Native Hawaiians can be effectively included in consultation now,
with representation through Native Hawaiian organizations. Indeed, OHA
receives and reviews approximately 240 requests for federal
consultations each year, including Section 106 NHPA and NAGPRA reviews.
The federal government takes many more actions affecting the Native
Hawaiian community than are covered by these two statutes without ever
giving Native Hawaiians an opportunity to consult.
Ensuring Native Hawaiians are informed of all proposed federal
actions and allowed to voice their comments and perspectives on them
will help to correct this country's historic wrongs against Native
Hawaiians. Moreover, this will also improve the quality of federal
undertakings and projects. Federal consultation with entities that
serve Native Hawaiians such as OHA, Department of Hawaiian Home Lands,
Native Hawaiian Education Council, Papa Ola Lokahi and the Native
Hawaiian Health Care Systems, enable Native Hawaiians to access this
basic tenet of self-determination--having a meaningful say in our own
governance.
Most recently, OHA and the Native Hawaiian community, as a whole,
experienced expanded conference, coordination, engagement and
consultation opportunities, often in the form of listening sessions,
with the U.S. Departments of the Interior (DOI), Treasury (DOT) and
Commerce (DOC). Consultation with the National Oceanic and Atmospheric
Administration (NOAA) organization, on the marine sanctuary expansion
in Papahanaumokuakea Marine National Monument, illustrates a meaningful
and productive shared governance and stewardship responsibilities among
the four co-trustee organizations of the DOI, via U.S. Fish and
Wildlife Services, the DOC via NOAA, the State of Hawaii, via its
Department of Land and Natural Resources, and OHA. OHA has been
consulted on matters related to the NAGPRA, and applied the tenants of
this domestic policy to international repatriations.
OHA looks forward to more intentional and frequent consultation
with the Department of Defense (DOD), and all of its branches and
installations, as it relates to the significant presence of DOD
operations and activities in addressing national security from the
Pacific. Notably, the DOD consulted with Native Hawaiians on its
consultation policy, Department of Defense Instruction No. 4710.03,
dated October 25, 2011, incorporating changes, August 31, 2018
(``Instruction'') and the Advisory Council on Historic Preservation
guidelines, Consultation with Native Hawaiians in Section 106 Review
Process, A Handbook. The DOD Instruction's policy and procedures
provide for consultation with NHOs when proposing and undertaking that
may affect a property or place of traditional religious and/or cultural
importance or action that may affect a long term or permanent change in
NHO access to a property or place of traditional religious and cultural
importance to an NHO, in addition to consultation in compliance with
NEPA and NHPA. Under the Instruction, OHA may serve to facilitate
effective consultation between NHO and DOD Components, with the
understanding that no single NHO is likely to represent the interests
of all NHO or the Native Hawaiian people.
(3) Persisting in Defueling and Closure of the Red Hill Fuel Storage
Tanks
The health and safety concerns, as a result of leaks of the Red
Hill Bulk Fuel Tanks (RHBFT), with a capacity of up to 250MM gallons of
fuel, only 100 feet over O'ahu's major aquifer, supplying water to over
400,000 residents of O'ahu, is well documented. OHA affirms its
concerns, shared by our beneficiaries and communities, and thanks you,
Chairman Schatz, for your swift actions to appropriate funding to
defuel and close the tanks.
(4) Funding Environmental Assessments and Cleanups of Sacred Lands
Polluted and Contaminated by the U.S. Military.
Aligned to your lead, and Hawai`i's collective Congressional
Delegation's swift actions to defuel and close the RHBFT, funding
environmental assessments and cleanups of sacred lands polluted and
contaminated by the U.S. military, evidences the Federal Trust
responsibility to Native Hawaiians, and the lands ceded and transferred
ultimately to the new State of Hawaii, via the Admissions Act. The
implications of lands in use by the U.S. military, in the state of
Hawaii, includes approximately 46,500 acres, statewide across Army,
Navy and Air Force bases and installations, with the largest being the
Army's Pohakuloa Training Area on Hawai`i Island, of approximately
23,000 acres. \7\
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\7\ US Indo-Pacific Command, Hawai'i Military Land Use Master Plan,
2021 Interim Update, Final--April 2021
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In 2004, the U.S. Navy ended the Kaho`olawe UXO Clearance Project.
At its completion approximately 75 percent of the island was surfaced
cleared of unexploded ordnance. Of this area, 10 percent of the island
or 2,647 acres were additionally cleared to the depth of four feet.
Twenty-five percent (25 percent) or 6,692 acres was not cleared and
unescorted access to these areas remains unsafe. \8\ Almost 20 years
later, core programs under the governance of the Kaho`olawe Island
Reserve Commission and staff, are broad in its programming in ocean
(e.g., sustainability, fish stock, population, habitat, marine debris,
aerial, coastal and underwater surveys), restoration (e.g., native
species planting, biosecurity, invasive alien species, rodent and weed
control, faunal), and culture (e.g., integrated culture and
restoration, archeological importance, cultural protocols, planting,
iwi kupuna burials) focal areas. \9\
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\8\ https://www.kahoolawe.hawaii.gov/history.shtml, retrieved May
28, 2022
\9\ https://www.kahoolawe.hawaii.gov/coreprograms.shtml#ocean,
retrieved May 28, 2022
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We ask the Committee focus and fund assessment and clean-up
activities on sacred lands--Pohakuloa and Kaho`olawe, being two
examples. With regard to Pohakuloa, we also request that the lease
extension process with the State of Hawaii cease, until the conditions
imposed by the Hawai`i Supreme Court in Ching v. State, 145 Hawai'i 148
(2019) and the Circuit Court's recommendations be met. It appears
wholly inappropriate for DOD to engage in an environmental impact
review under its April 2022 Draft Environmental Impact Statement for
Army Training Land Retention at Pohakuloa Training Area (PTA), the
precursor to a lease extension, when the conditions of the lease
regarding the duty to protect and preserve public trust land are in
question. An essential component of the State's duty to protect and
preserve trust land is an obligation to reasonably monitor a third
party's use of the property and OHA upholds its duty to investigate the
risk of impending damage to the land on behalf of its beneficiaries who
have sought to prevent irreparable harm before it occurs by DOD's
misuse of the trust lands under lease.
(5) Broad Funding and Programming Equity for Native Hawaiian Families,
Natural Environment and Resources and Culture
While consultation is critical to self-determination, so is the
provision of the resources and governmental programs to provide for the
health, housing, education, and economic well-being of Native
Hawaiians. Hawaii's Congressional delegation have ensured that Congress
continues to fund essential federal programs annually; however, three
of these acts must now complete the final process to be reauthorized,
strengthened, and expanded by the Congress.
Over the past several decades, the Native Hawaiian Health Care
Improvement Act (NHHCIA), the Hawaiian Homelands Homeownership Act
(HHHA), and the Native Hawaiian Education Act (NHEA) have enabled
Native Hawaiians to receive culturally appropriate services relating to
health, housing, and education. These Acts have delivered services to
tens of thousands of Native Hawaiians through diverse programs
including revitalizing the Native Hawaiian language, building and
maintaining homes and infrastructure, and providing telehealth services
during a global pandemic. Further, the Native Hawaiian Revolving Loan
Fund (NHRLF)-administered by OHA-and the U.S. Treasury's Community
Development Financial Institutions fund (CDFI Fund's) Native American
CDFI Assistance Program have supported the emergence and growth of
thousands of Native Hawaiian businesses. We urge this committee to
reauthorize, strengthen, and expand all these programs to further
support Native Hawaiian self-determination.
Native Hawaiian Health
Native Hawaiian self-determination in health care means that Native
Hawaiians have the power to pursue well-being in the ways that they
find to be appropriate. This self-determination may include identifying
the health care services most needed in their communities or working to
integrate traditional practices and cultural norms in health care
spaces. Conversely, Native Hawaiian self-determination in health may
include identifying aspects of the health care system, particularly
around delivery, that may not fit well with Native Hawaiian concepts of
wellness and thus have limited utility. Similar to our Native relatives
on the continent, Native Hawaiians face disproportionate threats to our
physical and mental health, including poverty, \10\ suicide and
depression, \11\ infant mortality, \12\ alcohol abuse, \13\
homelessness, \14\ and prejudice. Native Hawaiian infants are twice as
likely to die (infant mortality rate of 7.9 per 1,000 live births) than
their White peers (infant mortality rate of 3.5 per 1,000 live births)
in the State of Hawai`i. \15\ Native Hawaiians are also more likely to
suffer from coronary heart disease, diabetes, and asthma than non-
Native Hawaiians in the State. \16\ Nearly 16,000 Native Hawaiians
suffer from diabetes and more than 36,000 suffer from asthma. \17\
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\10\ Anita Hofschneider, Poverty Persists Among Hawaiians Despite
Low Unemployment, HONOLULU CIVIL BEAT (Sept. 19, 2018), https://
www.civilbeat.org/2018/09/poverty-persists-among-hawaiians-despite-low-
unemployment/.
\11\ NATIVE HAWAIIAN MENTAL HEALTH AND SUICIDE, OFFICE OF HAWAIIAN
AFFAIRS (Feb. 2018), http://www.ohadatabook.com/HTH_Suicide.pdf.
\12\ Ashley H. Hirai et al., Excess Infant Mortality Among Native
Hawaiians: Identifying Determinants for Preventive Action, AM. J. OF
PUB. HEALTH (Nov. 2013), https://www.ncbi.nlm.nih.gov/pmc/articles/
PMC3828695/pdf/AJPH.2013.301294.pdf.
\13\ NATIVE HAWAIIAN HEALTH STATUS, OFFICE OF HAWAIIAN AFFAIRS 22
(July 2019), http://www.ohadatabook.com/NHHS.html.
\14\ ISSUE BRIEF: COVID-19 AND NATIVE HAWAIIAN COMMUNITIES, NATIVE
HAWAIIANS OVER-REPRESENTED IN COVID-19 AT-RISK POPULATIONS, OFFICE OF
HAWAIIAN AFFAIRS 2 (2020).
\15\ Hirai, supra note 7.
\16\ OFFICE OF HAWAIIAN AFFAIRS, supra note 9 at 2.
\17\ Id. at 1-2.
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To address the major health disparities, Congress enacted the
Native Hawaiian Health Care Act in 1988, which was later retitled as
the Native Hawaiian Health Care Improvement Act (NHHCIA) for sums as
may be necessary for fiscal years 1993 through 2019 (Pub. L. 111-148,
title X, 10221(a), Mar. 23, 2010, 124 Stat. 935). Today, the Native
Hawaiian Health Care Improvement Act is under continuing resolution.
OHA recommends that the NHHCIA be permanently reauthorized like the
Indian Health Care Improvement Act was in 2009, and all Congressionally
authorized appropriations remain available until expended. The NHHCIA
established the Native Hawaiian Health Care program, which funds the
Native Hawaiian Health Care Systems (NHHCSs) administered by POL.
Together the five Systems on the islands of Kaua`i, O`ahu, Maui,
Moloka`i, and Hawai`i provide primary health care, behavioral health,
and dental services. They also offer health education to manage
disease, health related transportation, and other services. NHHCIA also
established the Native Hawaiian Health Scholarship Program (NHHSP) for
Native Hawaiians pursuing careers in designated health care
professions. It supports culturally appropriate training and the
placement of scholars in underserved Native Hawaiian communities
following the completion of their education. More than 300 scholarships
have been awarded through this program and most program alumni work in
Hawai`i.
According to POL, the pandemic has highlighted the urgent need for
several amendments to the NHHCIA. OHA and POL have advocated for
increasing funding to the NHHCIA to expand Native Hawaiian health
resources; removing the matching requirements applied to the NHHCSs for
parity with other Native health care providers; making the NHHCSs
eligible for 100 percent of the Federal Medical Assistance Percentage
(FMAP) as well as the Prospective Payment System (PPS) reimbursement
rate; expanding Federal Tort Claims Act coverage to POL, the Systems,
and their employees in parity with other Native health care providers;
allowing federal program funding to be used to collect and analyze
health and program data which currently falls under the ten percent
administrative cost cap for the program; allowing the Systems to be a
specific eligibility group for supplemental federal funding streams;
and providing a tax exemption for the NHHSP. Additionally, POL has
established partnerships with other organizations to meet its
Congressional mandate to coordinate and support Native Hawaiian health
resources and services, offering capacity building, technical
assistance, and workshops to promote holistic health and well-being
through a Native Hawaiian lens. Through POL's coordination and
partnerships, Native Hawaiian wellbeing across the lifespan and
throughout various domains can be improved. We urge the Committee to
support increased funding for, reauthorization of, and technical
amendments to the NHHCIA, so that POL and the Systems may be able to
achieve Congressional mandates and uplift Native Hawaiian health
through as many means as possible.
Native Hawaiian Housing
The HHHA facilitates Native Hawaiian self-determination by
supporting part of DHHL's mission--to develop and deliver land and
housing to Native Hawaiians. Congress enacted the HHHA in 2000. The
HHHA established the Native Hawaiian Housing Block Grant (NHHBG)
program and the Section 184A Loan Guarantees for Native Hawaiian
Housing. The NHHBG provides much needed funding to DHHL to deliver new
construction, rehabilitation, infrastructure, and various support
services to beneficiaries living on DHHL lands. The 184A Loan Guarantee
program provides eligible beneficiaries with access to construction
capital on DHHL lands by fully guaranteeing principal and interest due
on loans. The program currently serves owner-occupant single family
dwellings on the DHHL lands. Together, these programs help DHHL to
carry out the vision of our Prince Jonah Kuhio Kalaniana`ole, who as
the then-Territory of Hawai`i's Congressional Delegate 100 years ago,
spearheaded one of the first Acts of Congress implementing the trust
responsibility to Native Hawaiians.
Like other Native communities, housing has become even more vital
during this pandemic. Prior to the pandemic, Native Hawaiians faced one
of the most expensive housing markets in the country. In fact, Native
Hawaiians made up nearly half of the homeless population on the island
of O`ahu, \18\ whose population accounts for approximately two thirds
of all State residents. To address housing needs, DHHL has used NHHBG
funds for emergency rental assistance for eligible Native Hawaiians;
rental subsidies for lower income elderly; rehabilitation of homes
primarily for elderly or disabled residents; homeownership
opportunities for lower income working families; and homeownership and
rental counseling to address barriers experienced by Native Hawaiians.
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\18\ OFFICE OF HAWAIIAN AFFAIRS, supra note 9 at 2.
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The OHA celebrates with the beneficiaries of the Hawaiian Homes
Commission Act (HHCA), the impacts of the historic State of Hawaii 's
legislature's HB2511 which appropriates $600 million to build out
infrastructure to create homestead communities and provide mortgage and
rental assistance, dig into shovel-ready projects, lot options, all
focused on returning native Hawaiians to the land. \19\ We stand ready
to collaborate with HHCA beneficiaries and Department of Hawaiian
Homelands leadership to fulfill the intents of such historic state
legislation.
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\19\ http://hawaii.gov/2022/05/05/chair-aila-statement-on-passage-
of-hb-2511/dhhl, retrieved May 28, 2022.
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Native Hawaiian Well-Being--Economic
Economic well-being and opportunity are central to the ability of
any community to exercise self-determination. Unfortunately, the
pandemic devastated Hawai`i's job market. Unemployment in the State
skyrocketed, and recovery efforts muted by slow federal funding and
programming implementation. The U.S. Bureau of Labor Statistics
reported that as of December 2020, Hawai`i had the highest unemployment
rate in the United States at 9.3 percent; \20\ however, with loosening
COVID-19 restrictions (e.g., stay-at-home orders, business re-opening,
social distancing, masking) and vaccination policies, the unemployment
rate in Hawaii dropped to 4.2 \21\ percent in April of 2022. In the
current report, the state's Department of Business and Economic
Development & Tourism (``DBEDT'') predicts that Hawai'i's economic
growth rate, as measured by real domestic product will increase 3.2
percent in 2022 over the previous year. The economic expansion path
will continue with a 2.5 percent increase in 2-23, 2.3 percent in 2024,
and 2.0 percent in 2025. \22\ Hawai'i's recovery has resumed now that
the Delta and Omicron waves passed and once the Asian COVID-19 wave
also passes, the long-awaited return of international visitors will
begin later this spring. Hawai'i's delayed recovery from the pandemic
means that we expect moderately strong growth, despite clearly
deteriorating conditions in the U.S. and global economies. The
worsening global economic environment poses substantial downside risks
to Hawaii's forecast. \23\
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\20\ Unemployment Rates for States, U.S. BUREAU OF LABOR STATISTICS
(Jan. 26, 2021), https://www.bls.gov/web/laus/laumstrk.htm.
\21\ U.S. BUREAU OF LABOR STATISTICS, https://www.bls.gov/eag/
eag.hi.htm, retrieved May 22, 2022
\22\ https://dbedt.hawaii.gov/blog/22-07/
#::text=Forecasting%20Results,and%202.0%20percent%20in%202025,
retrieved May 22, 2022
\23\ https://uhero.hawaii.edu/uhero-forecast-for-the-state-of-
hawaii-foreign-visitors-will-provide-lift-but-risks-have-multiplied/,
retrieved May 22, 2022
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Fortunately, several economic development and access to capital
programs are already in place to serve Native Hawaiian communities.
Department of Treasury (DOTr), Native American Community Development
Financial Institutions (CDFI) and Minority Depository Institutions
(MDI) and the Native Hawaiian Revolving Loan Fund (NHRLF), are widely
recognized as being effective. Continued support for these and similar
programs are critical to minimizing the negative economic impacts of
this pandemic and the recovery in culturally appropriate ways.
We further acknowledge and appreciate Executive Orders 14031 \24\
and 13985 \25\ and the DOT's implementation efforts to promote
equitable outcomes. OHA also recognizes DOT's Emergency Rental
Assistance, Homeowner Assistance Fund, Capital Projects Fund and Small
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\24\ Advancing Equity, Justice, and Opportunity for Asian
Americans, Native Hawaiians and Pacific Islanders
\25\ Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government
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Business Credit Initiative, Emergency Capital Investment Program,
Rapid Response Program, and Native American CDFI Assistance Program. In
addition, NHOs are eligible to receive additional funds as sub-
recipients to the state and/or counties, and we recommend the Committee
consider OHA's state agency status as an accountable mechanism for
federal funds to quickly flow to Native Hawaiian communities.
For example, in its nearly three decades in operation under OHA's
administration, NHRLF closed approximately 2,700 loans valued at more
than $63 million of lending to Native Hawaiian businesses and
individuals. In its 2021 Report to Congress, NHRLF reported that
borrowers: improved their overall economic wellbeing during the loan
period; experienced improved preconditions to financial stability,
after receiving a NHRLF loan; and increased their income due to
education and business loans. The value of NHRLF borrowers' financial
and non-financial assets increased over time, with smaller gains
resulting from home improvement loans. As a result of increased asset
value, the average net worth of OHA borrowers grew over the loan
period; and Native Hawaiian-owned businesses with NHRLF loans, improved
their financial performance from before the loan was received to 2019.
Like many other businesses, the devasting impact of the COVID-19
pandemic on Hawai`i's economy derailed the positive outcomes NHRLF
borrowers experienced over the loan period in the areas of economic
wellbeing, preconditions to financial stability, and income.
Accordingly, OHA asks the Committee to support programmatic fixes to
NHRLF, including ending the demonstration status of the program,
removing restrictions on outdated unallowable loan activities, and
reducing the Native Hawaiian ownership percentage requirement from 100
to 50--all to create a broader pipeline of programming and funding for
Native Hawaiian economic development.
OHA specifically acknowledges and thanks you, Chairman Schatz, for
your FY22 $100MM in Native Hawaiian and Native Hawaiian-serving
appropriations and congressionally directed funding for broad
programming in multiple sectors (e.g., education, food and agriculture-
based research, indigenous innovation and equity, culture and arts and
resource center for domestic violence).
Native Hawaiian Education
The successes of the Native Hawaiian education movement are
understood throughout the community. According to conversations with
NHEC, in 2017 and 2018 alone, the 38 NHEP grantees served 95,458
individuals, including 74,311 students, 18,429 parents, and 2,718
teachers. They surpassed their target number for participants by
approximately 65 percent. Additionally, all 38 grantees targeted
serving Native Hawaiian communities and formed almost 700 strategic
partnerships with schools, government agencies, or cultural
organizations to expand the number served and to increase the overall
impact of their programs.
Despite the great work of NHEP grantees in recent years and the
Committee's efforts to secure $85,000,000 of American Rescue Plan Act
(ARPA) funding for Native Hawaiian education, the program
implementation of grant funds fell short in equitable allocation for
relief to our community programs. According to the Education Council's
profile analysis study of NHEP grantees from 2010 through 2018, over 47
percent of awardees funded were Native Hawaiian community-based
organizations. The 2021 ARPA funds for NHEP shows a reduction in awards
to Native Hawaiian community-based organizations down to 40 percent and
an increase of awards to State programs from 25.2 percent to 37.1
percent. \26\ Programs for early childhood education in Hawaiian
language instruction had to compete for relief funds with programs for
post-secondary education. Education is a living system. We know that
each part of the system from early childhood education to post-
secondary education is important to our communities.
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\26\ Toms Barker, L., Sanchez, R., & McLelland, C. (2021, March).
NATIVE HAWAIIAN EDUCATION COUNCIL EVALUATION OF THE NATIVE HAWAIIAN
EDUCATION PROGRAM: Portfolio Analysis of the 2010-2018 Grants. IMPAQ
International, Inc. http://www.nhec.org/wp-content/uploads/2021/05/
NHEP-Portfolio-Analysis-AY2010-2018-Submitted-3-18-2021.pdf
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The effects of the pandemic still threaten the survival of some
grantees and widen existing disparities between Native Hawaiian
students and their non-Hawaiian counterparts. Even before the pandemic,
data collected in 2015 demonstrated that fewer Native Hawaiian students
attained proficiency in math and reading than their non-Hawaiian
counterparts. \27\ Compounding matters during the pandemic, Hawai`i is
considered the state ``most prone to academic risks during the
coronavirus outbreak'' and faces the ``widest gap in the amount of
teacher interaction with lesser-educated households compared with more-
educated ones.'' \28\
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\27\ A NATIVE HAWAIIAN FOCUS ON THE HAWAI`I PUBLIC SCHOOL SYSTEM,
SY2015, OFFICE OF HAWAIIAN AFFAIRS 9 (2017).
\28\ Alex Harwin & Yukiko Furuya, Coronavirus Learning Loss Risk
Index Reveal Big Equity Problems, EDUCATIONWEEK (Sept. 1, 2020),
https://www.edweek.org/policy-politics/coronavirus-learning-loss-risk-
index-reveals-big-equity-problems/2020/09.
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Non-profit education programs, particularly language immersion
programs, have faced unique hardships amid the pandemic. With the
arrival of new COVID-19 strains in Hawai`i, Native Hawaiian students
face a precarious situation. To further aggravate this risk, nearly ten
percent of Native Hawaiian households do not have a computer in their
homes, while nearly 20 percent do not have Internet access. \29\ During
the pandemic, many families have been unable to afford the cost of new
equipment and broadband service because formerly working adult parents
are now unemployed. We thank you, Chairman Schatz, for the recognition
of need and funding to strengthen high-speed Internet access in Native
Hawaiian communities and across Hawai'i, including infrastructure
funding.
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\29\ OFFICE OF HAWAIIAN AFFAIRS, supra note 9 at 3.
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OHA again appreciates Chairman Schatz's leadership in finding ways
to assist Native Hawaiian educators through these difficult times.
Unfortunately, despite these efforts, our programs and keiki (children)
are still at risk. We urge the Committee to ensure that Native Hawaiian
programs and service providers be included in all future federal relief
efforts, that the Native Hawaiian Education Act be reauthorized, and
that program implementation is in alignment with accountable and
equitable consultation with stakeholders, including the Native Hawaiian
Education Council.
OHA's Ability to Implement Federal Policy for Native Hawaiians and
Hawai'i
In 2020, OHA enacted a new 15-year strategic plan for 2020 through
2035 entitled Mana I Mauli Ola (Strength to Wellbeing). Our strategic
plan is built upon three foundations that have the power to affect the
wellbeing of Native Hawaiians: (1) `Ohana (family), (2) Mo`omeheu
(culture), and (3) `Aina (land and water). OHA is building off these
foundations to bring OHA's vision statement to life: Ho`oulu Lahui
Aloha (To Raise a Beloved Lahui). To raise a Lahui Aloha, Native
Hawaiians need to operate under principles of self-determination, and
its related accountabilities, in each of our strategic directions of
educational pathways, health outcomes, quality housing and economic
stability. OHA believes that what is good for the conditions of Native
Hawaiians is good for Hawai`i as a whole--our beloved island home and
state.
As a State Agency, OHA is able to be a conduit for effective
programming and funding for the Committee and Congress. Over the past
40 years of existence, OHA employed multiple mechanisms such as direct
service staffing via payroll, contracts, memorandums of understanding
and agreements, direct appropriations, loans, and grants to and with
NHOs and communities, to effect its work on behalf of our Native
Hawaiian beneficiary community. Financially, for the past 18 years,
including four years of the NHRLF, independently conducted financial
and single audits, have been issued with ``clean'' or ``unqualified''
opinions. OHA is currently administering an emergency grant awarded by
the Administration for Children and Families, Administration for Native
Americans (ANA), funded by the American Rescue Plan Act re: Native
American language preservation and maintenance. OHA chose, with ANA's
approval, to sub-grant and award to NHO's, enabling organizations to
focus on the programming implementation and delivery, with OHA focusing
on grant administration activities.
Conclusion
Through more than 150 Acts, Congress established its trust
responsibility to Native Hawaiians based on our status as the
Indigenous, once-sovereign people of Hawai`i. As a result of those
Acts, this Committee's presence in our island home at this time,
provides us with the certainty that the federal government fully
understands its trust responsibility to all Native Americans, including
Native Hawaiians. As Chairman Schatz previously stated, the trust
responsibility ``should be the guiding light'' of this Committee's
work. While the federal trust responsibility may be implemented
differently with Native Hawaiians in Hawai'i, because of our unique
history with the United States, that trust responsibility, should be
exercised in a manner that ensures the survival and welfare of our
people, and is equitable with respect to other Native Peoples.
As a Native Hawaiian leader elected to ensure the well-being of the
Native Hawaiian community, I urge this Committee and the Congress to
continue expanded opportunities to all Native peoples, including Native
Hawaiians. OHA asks you to continue to empower all Native Americans,
including Native Hawaiians, with the same opportunity and
accountability, to choose our own path--understanding that each tribe,
band, nation, pueblo, village, or community is best served through
their unique, self-determined means. This necessarily includes
extending access to federal programs implementing the trust
responsibility to Native Hawaiians where appropriate, and consistent
with Native Hawaiians' unique history and evolving political
relationship with the United States.
OHA continues to celebrate our involvement with the Alaska
Federation of Natives, the National Congress of American Indians, and
the National Indian Education Association, and we pledge to support and
work with our Native cousins across the continent and in Alaska because
all of us--American Indians, Alaska Natives, and Native Hawaiians--are
strongest when we stand and work together.
OHA stands ready to assist the Committee and Congress in
accomplishing this most important work, both now and in the future.
A hui hou. Until we meet again.
______
Additional Testimony and Question Response
Aloha e Senator Schatz,
Mahalo hou (thank you again) for the U.S. Senate Committee on
Indian Affairs' (``SCIA'' or ``Committee'') field hearing, on June 1,
2022, focused on ``Upholding the Federal Trust Responsibility: Funding
& Program Access for Innovation in the Native Hawaiian Community''. In
my capacity as Chairperson of the Office of Hawaiian Affairs (OHA)
Board of Trustees, I provided written and oral testimony at the Field
Hearing upon your cordial invitation. In this correspondence for the
record, to be additive to OHA's submitted written testimony, I provide
additional information, and respond to Senator's question regarding
access to federal resources by Native Hawaiians.
In our written testimony, we requested the Committee's and
Congress' support in honoring the federal trust responsibility via
policy, funding and programming implementation in the following ways:
(1) funding for a commissioned report of lands ceded to the stewardship
of and management by the state government via the 1959 Admissions Act,
\1\ including the Hawaiian home lands, for the benefit of native
Hawaiians pursuant to the Hawaiian Homes Commission Act (1920); (2)
ensuring that Native Hawaiians are included in all federal conference,
coordination, engagement and consultation policies and practices; (3)
persisting in the accelerated defueling and closure of the Red Hill
fuel storage tanks; (4) funding environmental assessment and cleanup of
sacred lands polluted and contaminated by the United States military;
and (5) ensuring funding and programming equity for all Native
Americans, including American Indians, Alaska Natives, and Native
Hawaiians in broad yet integrated areas that impact our families (e.g.,
poverty, violence, human trafficking, foster care, prison reform, elder
care); our natural environment and resources (e.g., climate change,
land, water, seas, streams, oceans, lakes); and our culture (e.g.,
language, education, health, traditions, practice, repatriation).
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\1\ The Admission Act, An Act to Provide for the Admission of the
State of Hawaii into the Union, March 18, 1959, Pub L 86-3, 73 Stat 4.
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Background on OHA and its Trustees' Fiduciary Responsibilities
In 1978, the Hawaii Constitutional Convention created the Office of
Hawaiian Affairs,
and Article XII of the Hawai`i State Constitution states in part:
OFFICE OF HAWAIIAN AFFAIRS; ESTABLISHMENT OF BOARD OF TRUSTEES
Section 5. There is hereby established an Office of Hawaiian
Affairs. The Office of Hawaiian Affairs shall hold title to all
the real and personal property now or hereafter set aside or
conveyed to it which shall be held in trust for native
Hawaiians and Hawaiians. There shall be a board of trustees for
the Office of Hawaiian Affairs elected by qualified voters who
are Hawaiians, as provided by law. The board members shall be
Hawaiians. There shall be not less than nine members of the
board of trustees; provided that each of the following Islands
have one representative: Oahu, Kauai, Maui, Molokai and
Hawai`i. The board shall select a chairperson from its members.
\2\
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\2\ Constitutional Convention 1978, election November 7, 1978
POWERS OF BOARD OF TRUSTEES Section 6. The board of trustees of
the Office of Hawaiian Affairs shall exercise power as provided
by law: to manage and administer the proceeds from the sale or
other disposition of the lands, natural resources, minerals and
income derived from whatever sources for native Hawaiians and
Hawaiians, including all income and proceeds from that pro rata
portion of the trust referred to in section 4 of this article
for native Hawaiians; to formulate policy relating to affairs
of native Hawaiians and Hawaiians; and to exercise control over
real and personal property set aside by state, federal or
private sources and transferred to the board for native
Hawaiians and Hawaiians. \3\
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\3\ Ibid
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OHA's Standing to Represent Native Hawaiians
As established by our state's Constitution, \4\ OHA as a semi-
autonomous agency of the State of Hawai`i, guided by a board of nine
publicly elected trustees, all of whom are Native Hawaiian, fulfills
its mandate of bettering the conditions of Native Hawaiians, through
advocacy, research, community engagement, land management, and the
funding of community programs. Hawai`i state law recognizes OHA as the
principal public agency in the state responsible for the performance,
development, and coordination of programs and activities relating to
Native Hawaiians. \5\ Furthermore, state law directs OHA to advocate on
behalf of Native Hawaiians; \6\ to advise and inform federal officials
about Native Hawaiian programs; and to coordinate federal activities
relating to Native Hawaiians. \7\
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\4\ Haw. Const., art. XII, 5 (1978).
\5\ Haw. Rev. Stat. 10-3(3).
\6\ Haw. Rev. Stat. 10-3(4).
\7\ Haw. Rev. Stat. 10-6(a)(4).
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Creation of and Funding for Hawai'i's First Ceded Lands Inventory and
Repository
The United States and its subdivisions, regulatory and advisory
bodies, should have documented in 1959, what lands and trust assets
were being transferred to the newly created State of Hawai'i, who
likewise, should have had a proper accounting of what exactly was
received from the United States. The courts have ruled that the federal
government's fiduciary duty to Hawai'i's Indigenous Peoples must be
``judged by the most exacting fiduciary standards,'' is codified via
the 1959 Admissions Act, Section 5(f) of the public trust lands.
Protections for Indigenous Peoples Human Rights globally was
established in 2007 when the United Nations adopted the Declaration on
the Rights of Indigenous Peoples (UNDRIP). Former President Obama made
it federal law in the United State when he officially endorsed and
announced support in 2010. Since that time, several Executive Orders
and Memos have been issued by President Biden, directing all federal
agencies and offices to implement protections for and consultation with
Indigenous Peoples, including Native Hawaiians to insure Human Rights
and Equity for all.
The first fiduciary obligation of a Trustee is to inventory and
account for the trust assets. This should have been undertaken by both
the newly created state, and federal governments in 1959, but never
was, and in 2022, 63 years after statehood, the State of Hawaii still
does not have a comprehensive and accurate inventory of the State ceded
land trust.
OHA begins this critical trust assets definition and accounting
work now.
A comprehensive and accurate inventory of the State ceded land
trust, including the submerged lands, is critical for the federal
government to uphold its federal trust responsibility to Native
Hawaiians and would include: an inventory of the natural resources,
including fisheries and minerals; classifications by former Kingdom
Crown and Government lands; holdings by the federal, state and county
governments; and proceeds and resources of these Native/public trust
lands. This is the accounting OHA needs to ensure all trust assets and
lands of the Hawaiian peoples are protected and maintained for their
use, and that Federal and State agencies are maintaining their
fiduciary duty to protect the body corpus of our Ceded Lands Trust,
including the former Kingdom Crown and Government lands. It is
important to note that this long overdue inventory will not only
benefit Hawaiians, but the public as well.
OHA, as the primary state agency with oversight of the Native
Hawaiian beneficiaries ceded lands trust assets is committed to
undertaking and completing this endeavor with the Committee and
Congress' support in the following ways:
1. Contact federal agencies identified below, and their
associated, attached and governed regulatory and advisory
bodies, as a start, to request their direct involvement and
collaboration with OHA, in gathering and sharing all data,
including land and oceanic maps and records, property
designations, deeds and leases and data relating to their
historical and current uses by federal, state or county
government (i.e. land and submerged land records), for the post
Statehood period (1959 to present):
The U.S. Department of the Interior, through the Office
of Secretary Haaland;
The U.S. Department of Commerce, including the National
Oceanic and Atmospheric Administration (``NOAA'') and Western
Pacific Fishery Council (``Westpac''), as an advisory body
relating to fisheries;
The U.S. Department of Defense, all branches;
The U.S. Department of Education;
The Library of Congress; and
The Office the United States Historian.
2. Identify and contact additional federal agencies, and their
associated, attached and governed regulatory and advisory
bodies, and other information sources (e.g., academic, museum,
archives) in furthering this effort; and
3. A congressional appropriation to create the first, State of
Hawai'i Ceded Lands Records Repository; this will ensure that
critical records relating to the Ceded Lands Trust will be
maintained and preserved for future use by federal, state and
county governments, OHA, and its indigenous beneficiaries.
OHA remains committed to partnering with the Committee and Congress
in this endeavor in fulfillment of federal Trust, state custodian and
OHA Trustee fiduciary responsibilities.
Access to Federal Resources for Native Hawaiians, Intentional,
Consistent Federal Conference, Coordination, Engagement and
Consultation
Policy & Practice
With the historic and unprecedented Congressional financial and
programmatic response to COVID-19 related impacts (e.g., CARES, ARPA,
Infrastructure), navigating access to such resources towards effective
federal policy implementation, is an imperative for Native Hawaiians.
Chairman Schatz, your role in providing for and inclusion of Native
Hawaiians in such federal legislation, needs to be matched with ``on
the ground'' abilities for constituents and communities to better
navigate federal departments, programs, and funding mechanisms to
effectively implement federal policy. OHA, as a state agency, stands
ready to assist with such implementation, for the benefit of Native
Hawaiian beneficiaries, communities and organizations, as a convenor,
navigator and facilitator in collaboration with the Committee and
Congress.
OHA restates its observations recently, of expanded conference,
coordination, engagement and consultation opportunities, in the form of
listening sessions, with the U.S. Departments of the Interior (DOI),
Treasury (DOT) and Commerce (DOC). Consultation with the National
Oceanic and Atmospheric Administration (NOAA) organization, on the
marine sanctuary expansion in Papahanaumokuakea Marine National
Monument, illustrates a meaningful and productive shared governance and
stewardship responsibilities among the four co-trustee organizations of
the DOI, via U.S. Fish and Wildlife Services, the DOC via NOAA, the
State of Hawaii, via its Department of Land and Natural Resources, and
OHA.
OHA has been consulted on matters related to the Native American
Graves Protection and Repatriation Act (NAGPRA) applied the tenants of
this domestic policy to international repatriations, and continue to
dedicate resources (e.g., staff, repatriation, grants) for communities
to protect and preserve ancestors and ancestral artifacts. More
effective State of Hawaii responses, particularly the Department of
Land and Natural Resources is needed. Congress's thoughtful inclusion
of Native Hawaiians in key legislation like NAGPRA (25 U.S.C. 3001)
and the National Historic Preservation Act (NHPA) (16 U.S.C. 470 et
seq.) have demonstrated that Native Hawaiians can be effectively
included in consultation now, with representation through Native
Hawaiian organizations. Indeed, OHA receives and reviews approximately
240 requests for federal consultations each year, including Section 106
NHPA and NAGPRA reviews.
OHA reiterates that we look forward to more intentional and
frequent consultation with the Department of Defense (DOD), and all of
its branches and installations, as it relates to the significant
presence of DOD operations and activities in addressing national
security from the Pacific. Notably, the DOD consulted with Native
Hawaiians on its consultation policy, Department of Defense Instruction
No. 4710.03, dated October 25, 2011, incorporating changes, August 31,
2018 (``Instruction'') and the Advisory Council on Historic
Preservation guidelines, Consultation with Native Hawaiians in Section
106 Review Process, A Handbook. The DOD Instruction's policy and
procedures provide for consultation with NHOs when proposing and
undertaking that may affect a property or place of traditional
religious and/or cultural importance or action that may affect a long
term or permanent change in NHO access to a property or place of
traditional religious and cultural importance to an NHO, in addition to
consultation in compliance with NEPA and NHPA. Under the Instruction,
OHA may serve to facilitate effective consultation between NHO and DOD
Components, with the understanding that no single NHO is likely to
represent the interests of all NHO or the Native Hawaiian peoples.
Ensuring Native Hawaiians are informed of all proposed federal
actions and allowed to voice their comments and perspectives on them
enables Native Hawaiians to access and implement this basic tenet of
self-determination--having a meaningful say in our own governance.
Conclusion
As a semi-autonomous state agency, OHA stands ready to assist the
Committee and Congress in accomplishing this most important work, both
now and in the future.
Mahalo hou (thank you again)
The Chairman. Thank you very much, Chair Lindsey.
Chair Aila, please proceed with your testimony.
STATEMENT OF WILLIAM J. AILA, JR., CHAIRMAN, HAWAIIAN HOMES
COMMISSION
Mr. Aila. Thank you, Chair Schatz.
Aloha, Chair Schatz, Vice Chair Murkowski, who is not here,
I understand, but her staff is here. Please send our aloha to
her. Aloha, members of the U.S. Senate Committee on Indian
Affairs.Thank you for inviting me to testify on behalf of the
Hawaiian Homelands, which is governed by the Hawaiian Homes
Commission Act of 1920, which was enacted by the Congress to
protect and improve the lives of Native Hawaiians.Spearheaded
by Prince Jonah Kuhio Kalaniana'ole, the Hawaiian Homes
Commission Act sets aside public lands, called Hawaiian Home
Lands, to establish a rehabilitative program for Native
Hawaiians. As required by the Admission Act of 1959, and as a
compact with the United States, the State and the people of
Hawaii adopted the Hawaiian Homes Commission Act as a provision
of the State constitution and agreed to faithfully carry out
the spirit of the Hawaiian Homes Commission Act. It is
important [indiscernible] that we are far away from statehood
that we remind [indiscernible] State agencies that
[indiscernible] it is very important in terms of the future
development for housing.
DHHL conducted a study amongst all of its beneficiaries,
current lessees and waitlist applicants for homestead awards in
2020. The purpose of the study was to assess the current
condition and needs of DHHL beneficiaries and was designed to
be consistent and similar to previous studies conducted in
1995, 2003, 2008, and 2014. These studies provide the most
recent beneficiary data.
In addition, the U.S. Department of Housing and Urban
Development commissioned the Assessment of Native Hawaiian
Housing Needs. Some of the key findings of the HUD study
include: Native Hawaiian households tend to be larger. In 2010,
the average size of a Native Hawaiian's household was 4.1
people compared with 2.7 people for residents of other Hawaii
households.
Although improvements were made during the 2000 to 2010
decade, Native Hawaiians living in Hawaii continue to be more
economically disadvantaged. They have lower incomes, higher
rates of assistance receipt, and higher poverty rates. Native
Hawaiian households also experience higher rates of
overcrowding, 15 percent, compared with residents of Hawaii. I
have three generations living in my household, [indiscernible].
There are numerous other families that are [indiscernible].
In addition, Hawaiian Homes Commission Act households on
the waiting list face more significant housing challenges
across all dimensions than do all other groups. Nearly 40
percent of beneficiary households on the waiting list were
overcrowded compared with only 19 percent of households on
sampled Hawaiian home lands, while 10 percent of beneficiary
households on the waiting list lack complete plumbing compared
with 1 percent for all the other groups.
The conclusions of the study guide DHHL's programs that are
ultimately aimed at upholding the Federal trust responsibility
to beneficiaries. The continued support of this Committee will
help us to address this.
The first conclusion in the HUD study identifies the
importance of Title VIII of the Native American Housing
Assistance and Self-Determination Act to support the critical
housing needs of Native Hawaiian families who are eligible to
reside on the Hawaiian Home lands. DHHL is grateful to Chairman
Schatz for securing $22.3 million in the current fiscal year
for Native Hawaiian housing, the highest level of funding ever
appropriated by Congress, and requests continued funding at
this level. In addition, DHHL applauds the leadership of this
Committee by both Senator Schatz and Senator Murkowski in
passing NAHASDA reauthorization.
The 2020 Beneficiary Study Report identified 887 lessees
that earn 80 percent or less of the HUD Ami with a house
needing major repairs. The home assistance program has already
assisted over 100 income-eligible households and is geared to
continue addressing this need.
The final area that I would like to highlight, and there
are many others, is the plan to utilize NAHASDA funds to
acquire land. DHHL's Oahu Island Plan noted that approximated
1,390 acres of land suitable for residential development is
necessary to meet the homestead needs of beneficiary households
on the residential waiting list that are not otherwise
accommodated assuming full implementation of the Oahu Island
Plan. Because of this high demand and limited availability of
land on Oahu, the program areas exceed what is currently
[indiscernible].
The Native Hawaiian Housing Loan Guarantee Program, known
as the Section 184A program, provides access to mortgage
financing to Native Hawaiian families who are eligible to
reside on home lands and would otherwise face barriers to
acquiring such financing. As of June 30th, 2021, the HUD 184A
loan program had 507 loans with a total outstanding balance of
over $112 million.
From July 2020 to June 2021, DHHL processed over 77 HUD
184A loan guarantees, 535 Federal Housing Administration
insured loans, 26 Veterans Affairs, and 13 Department of
Agriculture Rural Development loans.
[Audio gap.]
Mr. Aila. Hawaiian Home Lands [indiscernible] 1,400 acres
with a value in 1998 of $75 million to $80 million continue to
be used by Federal agencies. A subsequent credit of $16.9
million was transferred [indiscernible]. However, when we are
finalizing [indiscernible] the ask is that the Committee on
Indian Affairs consider rather than waiting for Federal lands
and assets that we come up with a monetary calculation, and
that [indiscernible] to DHHL in order to acquire lands which
would occur much quicker and give us the flexibility to find
lands that are mostly existing infrastructure, lands that are
not [indiscernible] elevations and lands that we don't have to
do offsite construction.
So we ask that you consider [indiscernible] I am just
looking at my notes one second. I come from [indiscernible] on
the west side of Oahu. [indiscernible] 18:53. One thing that is
important to me about where I come from, Native Oahuans,
[indiscernible] still the greatest [indiscernible] per capita
[indiscernible]. But they are not there yet.
[Chant in Native tongue.]
Mr. Aila. It is a chant that I shared with the Department
of Natural Resources. It talks about the KU [indiscernible]
grass that used to grow on the plains of Moloka'i. It talks
about the [indiscernible] rushes that used to grow in the
uplands of Hawaii. It no longer exists. So that is my
motivation for not [indiscernible] more extinctions
[indiscernible]. As the chair of the HHC, it reminds me that we
have to do everything we can to ensure survival for Native
Hawaiian households [indiscernible] they are all
[indiscernible] whether we partner with them or not. Because
the worst possible thing that could happen, Senator, is 20
years from now, somebody has to write another [indiscernible]
and the [indiscernible] is beneficiaries need [indiscernible]
some place else because we weren't able to meet housing needs.
That is what [indiscernible] put [indiscernible] main part
of that [indiscernible]. Although we sit here at the table
representing different organizations, when we talk to each
other, we raise ideas off each other in order to meet the
challenges that face all of us. I do want to thank the Chair,
and I want to thank [indiscernible] UHILA for being creative,
being willing to sit down and just brainstorm on anything
[indiscernible].
Thank you.
[The prepared statement of Mr. Aila follows:]
Prepared Statement of William J. Aila, Jr., Chairman, Hawaiian Homes
Commission
Aloha Chairman Schatz, Vice Chairman Murkowski, and Members of the
U.S. Senate Committee on Indian Affairs:
Thank you for inviting me to testify on behalf of the Department of
Hawaiian Home Lands (DHHL), which is governed by the Hawaiian Homes
Commission Act of 1920 (HHCA), enacted by the U.S. Congress to protect
and improve the lives of native Hawaiians. \1\ Spearheaded by Prince
Jonah Kuhio Kalaniana'ole, the HHCA set aside public lands, called
Hawaiian Home Lands, to establish a rehabilitative program for native
Hawaiians. \2\ Under the HHCA, native Hawaiians may obtain 99-year
homestead leases at $1 per year for residential, agricultural or
pastoral purposes. The federal government served as the sole trustee of
the Hawaiian Home Lands program until Statehood.
---------------------------------------------------------------------------
\1\ Hawaiian Homes Commission Act, 1920, Pub. L. No. 67-34, 42
Stat. 108 (1921), https://www.doi.gov/sites/doi.gov/files/uploads/Act-
of-July-9-1921-42-Stat-108.pdf.
\2\ The HHCA defines a native Hawaiian as any descendant of not
less than one-half part of the blood of the races inhabiting the
Hawaiian Islands previous to 1778.
---------------------------------------------------------------------------
As required by the Admission Act of 1959 \3\ and as a compact with
the United States, the State and the people of Hawaii adopted the HHCA
as a provision of the State Constitution and agreed to faithfully carry
out the spirit of the HHCA. \4\ The Admission Act provides that the
United States continues to have oversight responsibilities over the
HHCA and certain amendments may be made only with the consent of the
United States. Thus, the United States and the State assumed the duties
of a trustee for native Hawaiians under the HHCA. Primary
responsibility for the management and administration of the Hawaiian
Home Lands program rests with DHHL, a principal department of the State
subject to State and Federal laws.
---------------------------------------------------------------------------
\3\ Hawaii Admission Act, Pub. L. No. 86-3, 73 Stat. 4 (1959),
https://www.doi.gov/sites/doi.gov/files/uploads/An-Act-to-Provide-for-
the-Admission-of-the-State-of-Hawai.pdf.
\4\ HAW. CONST. ART. XII 1-2 (1978), https://
www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/05-Const/
CONST_0012-0001.htm and https://www.capitol.hawaii.gov/hrscurrent/
Vol01_Ch0001-0042F/05-Const/CONST_0012-0002.htm.
---------------------------------------------------------------------------
Consistent with the provisions of the HHCA and the Admission Act,
Congress enacted the Hawaiian Home Lands Recovery Act (HHLRA) in 1995
to settle land use and ownership disputes as a result of the federal
government's removal of Hawaiian Home Lands. \5\ In addition, the HHLRA
provides a procedure for approval of amendments to the HHCA and land
exchanges.
---------------------------------------------------------------------------
\5\ Hawaiian Home Lands Recovery Act, Pub. L. No. 104-42, 109 Stat.
353 (1995), https://www.doi.gov/sites/doi.gov/files/uploads/The-
Hawaiian-Home-Lands-Recovery-Act.pdf.
---------------------------------------------------------------------------
The mission of DHHL is to manage the Hawaiian Home Lands Trust
effectively and to develop and deliver land to native Hawaiians. Today,
DHHL is responsible for the management of approximately 200,000 acres
of these trust lands, 9,957 homestead leases statewide, and 45,854
lease applications. \6\
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\6\ Lease and application counts as of 3/31/2022. An applicant can
hold a maximum of two applications, one for a residential lease and the
other for either an agricultural lease or pastoral lease. The 45,854
lease applications are held by less than 29,000 native Hawaiian
applicants.
---------------------------------------------------------------------------
Most of DHHL's lands are located on the neighbor islands in rural
or more remote locations with over half of the acreage on the island of
Hawai'i \7\ including over 56,000 acres on the slopes of Mauna Kea and
over 11,000 acres at the southernmost point in both the Hawaiian
Islands and US. \8\ With over 30,000 acres on Maui, \9\ a significant
portion of those lands include over 22,000 acres on the southern flank
of Haleakala at Kahikinui with elevation ranges from sea level to 9,700
feet near the summit. \10\ DHHL's lands on Moloka'i consist of over
25,000 acres of which over half of those lands at Ho'olehua is a rural
agricultural community ranging from level plains to rolling hills and
sea cliffs at the northern coastal boundary. \11\ Kaua'i includes over
20,000 acres of Hawaiian home lands with over 15,000 acres in Waimea,
of which two thirds of the area is described as steep, mountainous
terrain and isolated valleys. \12\ O'ahu, the island with the greatest
demand of applicants looking for homestead opportunities has the least
amount of land with just over 8,000 acres, of which over 1,400 acres is
designated conservation primarily consisting of the steep cliffs along
the Ko'olau. \13\
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\7\ DHHL Hawaii Island Plan (May 2002), https://dhhl.hawaii.gov/wp-
content/uploads/2012/05/Island_Plan_Hawaii_2002.pdf.
\8\ South Point Resources Management Plan (October 2016), https://
dhhl.hawaii.gov/wp-content/uploads/2017/06/DHHL-South-Point-Final-
Plan_101916_to-DHHL_low-res.pdf.
\9\ Maui Island Plan (September 2004), https://dhhl.hawaii.gov/wp-
content/uploads/2012/05/Island_Plan_Maui_2004.pdf.
\10\ Kahikinui Regional Plan (July 2011), https://dhhl.hawaii.gov/
wp-content/uploads/2011/06/Kahikinui_RP_110711.pdf.
\11\ DHHL Molokai Island Plan (June 2005), https://dhhl.hawaii.gov/
wp-content/uploads/2012/05/Island_Plan_Molokai_2005.pdf and 2019
Molokai Regional Plan, https://dhhl.hawaii.gov/wp-content/uploads/2020/
02/Molokai-Regional-Plan-Update-Final_02-18-20_HHC.pdf.
\12\ Kauai Island Plan (May 2004), https://dhhl.hawaii.gov/wp-
content/uploads/2012/05/Island_Plan_Kauai_2004.pdf.
\13\ Oahu Island Plan (July 2014), https://dhhl.hawaii.gov/wp-
content/uploads/2013/04/DHHL-OIP-Final-140708.pdf.
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Along with developing new homesteads, DHHL also has other critical,
albeit lesser known responsibilities. Like a county, DHHL maintains and
repairs existing infrastructure (e.g. clearing of flood channels and
drainage, fire protection of all lands, roads and facilities
maintenance, sewer emergencies and repairs, etc.) In addition to
County-like responsibilities, DHHL also performs water utility
functions. DHHL owns and operates three regulated public water systems
on Moloka'i, Kaua'i, and Hawai'i islands. Together, the systems have a
total of 826 meters serving approximately 2,500 individuals (not
including the schools and airport that are supported by the Moloka'i
system). DHHL also owns and operates a non-potable water system for
stock purposes in Pu'ukapu and soon to be constructed non-potable water
system in Honokaia, both on Hawai'i Island. These non-potable water
systems are designed to service over 200 connections.
Housing Needs of Native Hawaiians
DHHL conducted a study among all of its beneficiaries, current
lessees \14\ and waitlist applicants for homestead awards in 2020. \15\
The purpose of the study was to assess the current condition and needs
of DHHL beneficiaries and was designed to be consistent and similar to
previous studies conducted in 1995, 2003, 2008, and 2014. These studies
provide the most recent beneficiary data. In addition, the U.S.
Department of Housing and Urban Development (HUD) commissioned the
Assessment of Native Hawaiian Housing Needs. \16\ Some of the key
finding of this HUD study include the following:
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\14\ DHHL Beneficiaries Study Lessee Report, 2020 (December 30,
2020), https://dhhl.hawaii.gov/wp-content/uploads/2021/01/DHHL_Lessee-
UI_Report_FINAL-202101.pdf.
\15\ DHHL Beneficiaries Study Applicant Report, 2020 (December 30,
2020), https://dhhl.hawaii.gov/wp-content/uploads/2021/04/DHHL-
Applicant-Report-FINAL-Revised-210426.pdf.
\16\ Housing Needs of Native Hawaiians: A Report From the
Assessment of American Indian, Alaska Native, and Native Hawaiian
Housing Needs (May 2017), https://www.huduser.gov/portal/sites/default/
files/pdf/HNNH.pdf.
Native Hawaiian households tend to be larger. In 2010, the
average size of a Native Hawaiian's household was 4.1 people
---------------------------------------------------------------------------
compared with 2.7 people for residents of Hawaii households.
Although improvements were made during the 2000-to-2010
decade, Native Hawaiians living in Hawaii continue to be more
economically disadvantaged: they have lower incomes, higher
rates of assistance receipt, and higher poverty rates than do
other residents of Hawaii.
Native Hawaiian households also experience higher rates of
overcrowding (15 percent) compared with residents of Hawaii
households (8 percent).
Homelessness among Native Hawaiians is prevalent. Although
not typically chronically homeless, they are overrepresented in
Hawaii's homeless population. Homeless Native Hawaiians often
have jobs but cannot afford housing, so they double up (hidden
homeless) or live in tents, shelters, cars, or garages.
HHCA beneficiary households on the waiting list are more
economically disadvantaged than are Native Hawaiian households
overall, residents of Hawaii households, and Native Hawaiian
households living on the home lands.
--HHCA beneficiary households on the waiting list have the
lowest median income of all four groups by a substantial
margin: $48,000 compared with more than $60,000 for all other
groups.
--HHCA beneficiaries on the waiting list also receive public
cash assistance at more than twice the rate of the other
groups: about 20 percent of households on the waiting list
received public cash assistance compared with about 7 percent
of Native Hawaiians and those living on the home lands and 3
percent for residents of Hawaii.
HHCA beneficiary households on the waiting list face more
significant housing challenges across all dimensions than do
the other groups.
--Nearly 40 percent of HHCA beneficiary households on the
waiting list were overcrowded compared with only 19 percent of
households on sampled Hawaiian home lands, 15 percent of the
state's Native Hawaiian households, and 8 percent of residents
of Hawaii households.
--About 10 percent of HHCA beneficiary households on the
waiting list lack complete plumbing compared with 1 percent for
all other groups.
--Nearly one-half (46 percent) of HHCA beneficiary households
on the waiting list experience cost burden compared with 40
percent of Native Hawaiian households, 42 percent of residents
of Hawaii households, and only 21 percent of households on the
sampled Hawaiian home lands. The much lower rate of cost burden
among home lands households is due, at least in part, to the
financial benefits of home lands leases, which reduce monthly
housing costs, including minimal lease payments for the land
and a 7-year exemption from real estate property tax.
The conclusions in the HUD study guide DHHL's programs that are
ultimately aimed at upholding the State and Federal trust
responsibility to beneficiaries.
Continued Support for Title VIII of NAHASDA
The first conclusion in the HUD study identifies the importance of
Title VIII of the Native American Housing Assistance and Self-
Determination Act (NAHASDA) to support the critical housing needs of
Native Hawaiian families who are eligible to reside on the Hawaiian
home lands. \17\
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\17\ Title VIII of NAHASDA defines Native Hawaiian as any
individual who is (A) a citizen of the United States; and (B) a
descendant of the aboriginal people, who, prior to 1778, occupied and
exercised sovereignty in the area that currently constitutes the State
of Hawaii, as evidenced by (i) genealogical records; (ii) verification
by kupuna (elders) or kama'aina (long-term community residents); or
(iii) birth records of the State of Hawaii.
---------------------------------------------------------------------------
DHHL is grateful to Chairman Schatz for securing $22.3 million in
the current fiscal year for Native Hawaiian Housing, the highest level
of Federal funding ever appropriated by Congress and requests continued
funding at this level. In addition, DHHL applauds the leadership of
this committee by both Senators Schatz and Murkowski in passing NAHASDA
reauthorization.
NAHASDA funding has enabled DHHL to address and target those Native
Hawaiian households most in need and with continued funding and
support, reauthorization, and expansion of NAHASDA, even more native
Hawaiians could realize the legacy of Prince Jonah Kuhio Kalaniana'ole
through award of a homestead lease and the resultant lower housing cost
burden. In the most recent housing plan submitted to HUD that is
currently under review, DHHL noted a continued focus on homeowner
financing and down payment assistance options for native Hawaiian
households that earn 80 percent or less of HUD AMI as a means for these
households to realize homeownership. The housing plan also acknowledged
that while the HUD study noted that HHCA beneficiary households on the
waiting list face more significant housing challenges, lessees,
especially in our older homestead communities face aging substandard
housing. The 2020 Beneficiary Study Lessee Report identified 887
lessees that earn 80 percent or less of HUD AMI with a house needing
major repairs. The home assistance program has already assisted over
100 income-eligible households and is geared to continue addressing
this need.
In recognition of the need for increased housing stability,
especially as families experienced hardships associated with the
Coronavirus pandemic, DHHL took swift action first by approving the
postponement of mortgage loan payments for all DHHL direct loans and
loans assigned to DHHL. Chairman Schatz and the rest of Hawaii's
Congressional delegation worked to pass legislation that provided
relief for homeowners with government-guaranteed mortgages including
mortgages backed by FHA, USDA, VA, HU Sec 184A, Fannie Mae, or Freddie
Mac. DHHL also initially utilized NAHASDA funds to provide emergency
rental and homeowner assistance and has since received other federal
funds for this purpose. DHHL received $2.4 million for rental
assistance through the Consolidated Appropriations Act, 2021. The U.S.
Department of Treasury recognized DHHL as a high performing grantee in
expending these funds to assist native Hawaiians. DHHL also received $5
million under the American Rescue Plan Act of 2021 that was used for
rental assistance for Native Hawaiians. These funds have all been
expended and DHHL continued to provide rental assistance to Native
Hawaiian families with an additional $5 million in emergency rental
assistance funds provided from the State's allocation of emergency
rental assistance. Over 1000 Native Hawaiian households received
emergency rental or homeowner assistance funded through NAHASDA or
these other federal funds.
DHHL will build upon this emergency assistance by providing rental
assistance initially to kupuna (elders) and subsequently disabled HHCA
beneficiary households who have been on the waiting list longest in an
effort to provide financial assistance for those at risk of
homelessness or facing financial hardship. As the HUD study points out,
this complementary approach supports affordable rental options as a
stepping stone to homeownership.
The HUD study identified homelessness among Native Hawaiians as a
significant problem, but also acknowledged that data is not available
for only Native Hawaiians. In an effort to fill this gap, DHHL entered
into a Memorandum of Understanding with Partners in Care--Oahu
Continuum of Care to understand how pervasive the situation of
homelessness might be among its beneficiaries and especially those HHCA
beneficiary households on the waiting list. Additionally, the
conversion of an existing structure on Oahu to a transitional housing
facility for beneficiaries is intended to begin addressing this need
and serve as a model for future facilities.
The final area DHHL would like to highlight is the plan to utilize
NAHASDA funds to acquire land. DHHL's Oahu Island Plan noted that
approximately 1,390 acres of land suitable for residential development
is necessary to meet the homestead needs of HHCA beneficiary households
on the residential waiting list that are not otherwise accommodated
assuming full implementation of the Oahu Island Plan. Because of this
high demand and limited availability of land on Oahu, one of the
program areas in the housing plan is the development of site selection
criteria to screen land and existing structures to identify possible
lands and existing structures for residential units for HHCA
beneficiary households on the waiting list.
The fifteen program areas in the housing plan under review by HUD
projects an expenditure of $18.1 million of NAHASDA funds, underscoring
the need for continued funding at the current level.
Funding for Homeowner Financing on Hawaiian Home Lands
The unique legal status of Hawaiian home lands impacts the
availability of financing. Nevertheless, the existing portfolio of
nearly 5,000 loans totaling over $700 million financed the
construction, purchase, or rehabilitation of homes on Hawaiian home
lands.
The Native Hawaiian Housing Loan Guarantee program (also known as
the Section 184A program) provides access to mortgage financing to
Native Hawaiian families who are eligible to reside on Hawaiian home
lands and would otherwise face barriers to acquiring such financing. As
of June 30, 2021, the HUD184A loan program had 507 loans with a total
outstanding principal balance of over $112 million. In FY 21 from July
1, 2020 through June 30, 2021, DHHL processed 77 HUD184A loan
guarantees, 535 Federal Housing Administration (FHA) insured loans, 26
Veterans Affairs (VA), and 13 U.S. Department of Agriculture Rural
Development (USDA-RD) loans. Each of these loans represents an
opportunity for a native Hawaiian to return to trust lands or to remain
on these lands. The President's FY 23 budget of $28 million in total
loan principal for new commitments to guarantee loans as authorized by
the Section 184A program should continue to serve the demand for
financing on Hawaiian home lands.
Appropriate Funding to Resolve the Outstanding Balance Under the HHLRA
The HHLRA authorizes the conveyance of certain non-ceded federal
fee land in Hawaii to DHHL in exchange for the federal government's
continued use of Hawaiian home lands at Lualualei and Waimanalo on Oahu
and Kalaupapa on Molokai. The HHLRA further provides for the settlement
of claims arising from the lost use, or foregone rent, for past use of
these lands by federal agencies. Any federal lands that are transferred
to DHHL are available for development for the benefit of native
Hawaiians and assume the status of available lands. Before any land is
transferred to DHHL, the federal property must complete the process of:
(1) being declared as excess to federal needs; (2) environmental
cleanup pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act; and (3) completion of surveys and legal
documents.
The HHLRA acknowledges that a total of 1,486 acres of Hawaiian home
lands with a 1998 value of $75 to $80 million continue to be used by
federal agencies. A subsequent credit of $16.9 million for use of the
Waipahu Federal Communications Commission Monitor Station property was
also added into the calculation. Therefore, the total amount due to
DHHL increased to a total of $92 to $97 million.
There have been federal land conveyances to DHHL since the HHLRA
was signed. As of July 2020, 843 acres with a value of $58 to $72
million had been transferred to DHHL. Therefore, a balance of about $24
to $33 million in 1998 land value is still due to DHHL. Part of the
ongoing effort to resolve these outstanding claims resulted in the
transfer of an 80-acre parcel of surplus property at the former NOAA
Pacific Tsunami Warning Center on Oahu last year. Even with this most
recent transfer of lands, an outstanding balance under the HHLRA still
remains.
Moreover, while DHHL acknowledges that the greatest demand for land
is on Oahu and the priority is to obtain lands where offsite
infrastructure is already in place, under development, or requires
limited resources to connect to existing infrastructure, the Oahu
Island Plan cautions that some lands that were previously acquired
through the HHLRA ended up providing limited homesteading. Therefore,
it is recommended that any future potential land acquisition follow a
review process that allows for lands to be rejected if those federal
surplus lands have limited potential for homesteading. Conditions that
are conducive for homesteading could include the following:
A homestead density can be achieved that is consistent with
current DHHL Residential or Subsistence Agriculture
developments, if acquisition is pursued for homestead purposes.
Estimated off-site infrastructure costs are comparable to
the average cost for current DHHL developments.
Slopes are less than 25 percent.
Lands have not been identified as critical habitats or
floodways.
Development potential is not significantly reduced based
upon obligatory development restrictions (i.e. location at the
end of a runway, within blast zone, habitation conservation
requirements, deed restrictions, etc.).
Acquisitions identified for homesteading are located within
areas of high preference.
In recognition of these issues that require proper consideration,
it may be more efficient to appropriate funding for an agreed upon
amount to DHHL to resolve the outstanding balance under the HHLRA that
could then be used to acquire land on Oahu that better fit the criteria
rather than waiting for excess federal lands to become available.
Addressing Climate Change
Hawaii is already feeling the impacts brought forth by climate
change and as time progresses these effects--rising sea levels, rising
temperatures, and less & heavy rain will be more prominent aspects of
our lives. \18\ Sea level is rising at increasing rates indicating a
growing vulnerability to coastal flooding and erosion. \19\ Sea level
rise also affects cultural practices like fishpond maintenance,
harvesting of salt, and gathering from the nearshore fisheries. \20\
Climate change and forest loss are working together to make Hawaii
drier and hotter. Hawaii lost a higher proportion of total land area to
wildfires than the 12 fire-prone states in the western US combined from
2005-2011. Warming waters are harming sea life and warmer oceans are
causing more frequent and intense extreme weather events. \21\ Rainfall
has declined significantly over the past 30 years, with increasing
variation in rainfall patterns on each island.
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\18\ Hawaii Climate Change Portal, https://climate.hawaii.gov/.
\19\ Hawaii Sea Level Rise Vulnerability and Adaptation Report
(December 2017), https://climateadaptation.hawaii.gov/wp-content/
uploads/2017/12/SLR-Report_Dec2017.pdf.
\20\ Traditional Hawaiian Salt Makers Combat Climate Change (July
17, 2017), https://www.hawaiipublicradio.org/post/traditional-hawaiian-
salt-makers-combat-climate-change#stream/0.
\21\ Climate Change Brief of the City and County of Honolulu
Climate Change Commission (June 5, 2018), https://
static1.squarespace.com/static/59af5d3cd7bdce7aa5c3e11f/t/
5bda020bf950b7dd16a458d6/1541014029634/Climate+Change+Brief.pdf.
---------------------------------------------------------------------------
As a member of the Hawaii Climate Change Mitigation and Adaptation
Commission, DHHL along with several other State and County government
officials have focused on two main areas: (1) understanding and
developing strategies to reduce greenhouse gas emissions, with an
emphasis on mitigating ground transportation emissions by transitioning
to clean transportation and (2) implementing the recommendations of the
Hawaii Sea Level Rise Vulnerability and Adaptation Report by supporting
sustainable and resilient land use and community development through
prioritizing smart redevelopment in areas outside the sea level
exposure area, limiting exposure inside the sea level rise exposure
area, and incentivizing improved flood risk management while addressing
cultural and environmental vulnerabilities.
Prior to serving on the Hawaii Climate Change Mitigation and
Adaptation Commission, DHHL requested the assistance of the University
of Hawaii at Manoa's Department of Urban and Regional Planning to
identify and assess coastal hazard vulnerabilities affecting DHHL
communities. \22\ 29 DHHL communities with land inside Special
Management Area boundaries or tsunami evacuation zones were identified
and of these, the communities with the greatest population exposed to
the greatest numbers of hazards were identified for each island. Five
communities underwent a detailed vulnerability assessment, which
compared four hazard types (tsunami inundation, flooding, coastal
erosion, and sea level rise) and are among the most vulnerable to
coastal hazards and should be prioritized in climate change planning
initiatives. One of those areas is the South Molokai Shoreline. The
Kapa'akea homestead community is extremely vulnerable to the effects of
natural disasters including flooding due to serious soil erosion and
sea level rise. There are a range of measures that can effectively
mitigate inundation on coastal areas including retreat, accommodation,
and protection. While the least favorable adaptive measure is retreat,
depending on how severe the effects of sea level rise in the islands,
retreat and relocation are likely to be the only options as proper
drainage becomes less effective in transporting flood water out to the
ocean. Nevertheless, response to climate change must include Native
Hawaiians and incorporate traditional knowledge or Native stewardship
principles. \23\ DHHL is uniquely suited in this effort as a few areas
on certain islands encompass a traditional land area.
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\22\ Coastal Resilience for DHHL Communities (May 2015), http://
manoa.hawaii.edu/durp/wp-content/uploads/2016/10/Plan-751-Sp-2015-DHHL-
Coastal-practicum-LM-edit.compressed.pdf.
\23\ Testimony of Chair Carmen Hulu Linsey, Board of Trustees of
the Office of Hawaiian Affairs before the U.S. House Committee on
Natural Resources' Subcommittee for Indigenous Peoples of the United
States--Oversight Hearing on ``A Year in Review: The State of COVID-19
in American Indian, Alaska Native, and Native Hawaiian Communities''
(March 23, 2021), https://naturalresources.house.gov/imo/media/doc/
SCIP%2003.23%20Testimony%20-%20Chair%20Lindsey%20(OHA)1.pdf.
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Broadband Infrastructure
The State of Hawaii recognizes robust broadband infrastructure as
foundational to Hawai'i's economic future and, as importantly, the
quality of life of its residents. \24\ However, many in Hawai'i,
primarily from rural and socioeconomically disadvantaged communities,
lack the necessary digital tools to work, learn, receive essential
services, and participate in civic and social activities. \25\ If this
is left to continue, the impacts of digital inequity may become an
increasingly significant contributor to a widening socioeconomic gap.
---------------------------------------------------------------------------
\24\ Hawaii Broadband Strategic Plan (October 2020), https://
broadband.hawaii.gov/wp-content/uploads/2020/11/Hawaii-BB-Plan-2020-
FINAL_10-23-20_v1.1.pdf.
\25\ Broadband Hui, Broadband for A.L.L. (Access, Literacy,
Livelihood)--A Digital Equity Declaration for Hawai'i, https://
www.broadbandhui.org/.
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Recently completed DHHL beneficiary studies report that 8.6 percent
of lessees on Hawaiian home lands indicated that no one in the
household regularly uses a device to email/access the Internet. Most
concerning is that lessee households earning less than 30 percent and
50 percent of the HUD income level reported a significantly higher
number of no one in the household regularly using a device to email/
access the Internet at 21.5 percent and 13.2 percent, respectively.
Similar outcomes were reported for native Hawaiians on DHHL's waiting
list for a homestead award with 5.4 percent indicating that no one uses
a device to send email or access the Internet with households earning
less than 30 percent and 50 percent of the HUD income level reporting
13.4 percent and 9.3 percent, respectively. Thus, DHHL is working with
the State and the University of Hawaii in prioritizing digital equity.
Underlying all of these issues is the importance of upholding the
Federal trust responsibility to Native Hawaiians as consistently and
expressly acknowledged by Congress through the enactment of the HHCA,
Admission Act, HHLRA, and the Hawaiian Homelands Homeownership Act
codified in Title VIII of NAHASDA.
With the support of Chairman Schatz, critical funding has increased
for important programs, yet many unmet housing needs of Native
Hawaiians remain. DHHL stands ready to assist in accomplishing this
most important work of ensuring the Federal trust responsibility to
Native Hawaiians continues to be upheld.
In closing, I wish to express my appreciation and gratitude to
Chairman Schatz for inviting me to testify. It has been an honor to
have had this opportunity to address you and this Committee.
The Chairman. Thank you, Mr. Aila.
Mr. Lewis, please proceed with your testimony.
STATEMENT OF KUHIO LEWIS, PRESIDENT/CEO, COUNCIL FOR NATIVE
HAWAIIAN ADVANCEMENT
Mr. Lewis. Aloha, Chair Schatz, and your amazing Committee.
Mahalo nui for the opportunity to be here to share. I am Kuhio
Lewis, from the Council for Native Hawaiian Advancement. We are
a 501(c)(3) non-profit organization. We represent and we
support over 400 members who make up CNHA's infrastructure.
They are the backbone of the work CNHA does.
I want to start off, Senator, by highlighting some of the
things we have been able to accomplish over the last few years,
which can be directly attributed to support from the Federal
Government by way of the Congress. First of all, I want to
highlight the emergency relief program that CDC administers. We
have partnered with the Department of Hawaiian Home Lands,
State of Hawaii, and with the city and county of Honolulu. We
have been successful in distributing over $105 million to
residents of our State. That is 80,000 checks supporting over
14,000 households.
The [indiscernible] organization that had the capacity to
lift up a program of this magnitude. So when billions of
dollars came out from Congress, we had to move quickly. We
positioned the organization to be solution-oriented, to help
uplift Hawaii, not just Native Hawaiians, but all Hawaii,
because I believe there is a sense of kuleana in this place and
in everyone who lives here.
We were recognized recently by the United States Treasury
as being top performing in the [indiscernible] to inspire
others. The program has had tremendous success in providing
immediate stability to our families. However, we continue to
look at ways in which we can continue that support so long-term
they can find stability. Many of them have already
[indiscernible] depending on the program, so now we can figure
out [indiscernible]. So these are some of the active
discussions that are going on within CNHA as well as the
department.
I want to also thank the Federal Government for the Pop-Up
Makeke, which really was born also during the pandemic. This is
an online marketplace. It supported over 300 small businesses,
provided a means for them to survive. When the State of Hawaii
shut down, hundreds of our small businesses shut down with the
State. They didn't have a place to sell their products, their
Hawaii-based products.
To date, the Pop-Up Makeke has sold over 230 Hawaiian-based
products and shipped them around the world. It has put millions
of dollars into the pockets of these small businesses. Again, I
want to recognize that money to get it started came from CARES
Act funds.
I also want to thank Congress for the SBA program. We
received millions of dollars from SBA to support our small
businesses. We supported hundreds of Hawaii's small businesses
to find the right [indiscernible] so they can survive post-
[indiscernible]. Our Hawaiian Trades Academy, we graduated
hundreds of tradesmen, so that they can find some degree of
self-sufficiency in this rapidly moving economy as we seek
[indiscernible] to provide to dozens of our businesses and
individuals who don't have access to capital.
All of these tools and resources have provided many of our
families stability. Thank you for that.
I wanted to highlight some of the initiatives I believe are
critical for CNHA as we move forward. When I say CNHA, I am
speaking on behalf of those [indiscernible]. Number one, we
will be focused on housing. As we know, too many of our
families are moving away from our islands. Over half of our
population now call home outside Hawaii. With them goes our
culture, the very thing that keeps Hawaii Hawaiian. So they
need places to live, so they can find some degree of
prosperity. It is just out of reach for some.
Economic development is huge. This is why we are focusing
on building businesses up. Investing in [indiscernible], first
of all, businesses' access to capital to ensure that they have
available resources to support their growth. Also, grooming a
generation of leaders, helping the next generation find their
place in Hawaii so that they can [indiscernible] part of the
solution long-term.
Most importantly, it is time that we start re-engaging in
the discussion of our relations to the United States. The last
few years, we have been focused on survival, and how we survive
as a people through the pandemic. But as we turn the page, it
gets a critical conversation for [indiscernible] and the
intellectual examining of what that means for our people and
our survival in our home lands.
With that, Senator, those are the positions of our
organization. Again, I want to extend a big mahalo, because
without support from Congress, many of our families wouldn't be
housed today, they wouldn't have businesses, they wouldn't be
where they are. Thank you.
[The prepared statement of Mr. Lewis follows:]
Prepared Statement of Kuhio Lewis, President/CEO, Council for Native
Hawaiian Advancement
Aloha mai e Chair Schatz, Vice Chair Murkowski, and members of the
Committee:
Mahalo nui for the opportunity to provide this testimony. The
Council for Native Hawaiian Advancement (CNHA) is member-based 501(c)3
non-profit organization with a mission to enhance the cultural,
economic, political, and community development of Native Hawaiians.
Nearly 100 full-time employees work in furtherance of this mission, on
behalf of over 400 organizations and individuals who comprise our
membership. Although CNHA was founded in 2001, we have recently
experienced tremendous growth as we expanded our operations to provide
more support for our community during the COVID-19 pandemic.
Over the past two years, we have been able to leverage various
sources of funding, and federal funds in particular, to create
partnerships and programs to provide services and direct resources to
Native Hawaiians and others in Hawai`i. Although we are proud of all
our accomplishments, before going into further detail we would like to
highlight two ways that we have been able to utilize federal funds
during the pandemic.
First, CNHA has successfully utilized a variety of federal funds--
and not just federal funds specifically set aside for this nation's
Indigenous people--to uplift Native Hawaiians. For example, CNHA was
awarded contracts to disburse emergency relief funds (both Emergency
Rental Assistance and Homeowner Assistance Funds) allocated for Native
Hawaiians through the Department of Hawaiian Home Lands (DHHL). We
invested heavily in technology, human and other resources to establish
an innovative and integrated system to deploy millions of dollars in
federal funds quickly, effectively, and efficiently. Having developed a
track record of success, CNHA was able to secure contracts with the
City and County of Honolulu (City) to disburse its ERA funds, which are
not limited to Native Hawaiians. The success of the City and DHHL in
disbursing these federal funds was recognized by the Department of
Treasury, which then awarded additional federal emergency relief funds
to the State of Hawai`i. Because the data indicates that Native
Hawaiians face disproportionate housing security needs, we believe that
these additional emergency relief funds will disproportionately be used
by Native Hawaiians. Ultimately, CNHA was able to leverage native
federal funds to secure additional non-native federal funds, thereby
expanding the total pool of federal funds that we know will allow more
Native Hawaiians to benefit from critical services.
Second, CNHA has demonstrated that although Native Hawaiians face
unique challenges, due in large part to the injustices of the past, we
can still rely on ourselves to uplift our own people while also taking
the lead in finding answers to issues affecting all Hawai`i residents.
The needs of minority and Indigenous people are often seen as a drain
on the rest of society, especially during economic downturns. CNHA
sought to turn that sentiment on its head during the pandemic, and we
accomplished this through hard work and initiative, investment in
technology, networking with our partners, and most importantly,
listening to our community. The close relationship that we have with
our people, through our members and our community programs, allows us
to see immediate and emerging challenges, and take action accordingly.
This is how we knew that the cancellation of the Merrie Monarch
Festival would devastate Native Hawaiian crafters and artisans. This
realization gave rise to Pop-Up Makeke (described in further detail
below), which now supports Native Hawaiian and non-Native Hawaiian
small businesses. Innovation is a necessity for native people to
survive and thrive in the 21st century; our communities are incubators
for solutions that can be scaled up to address larger societal
challenges.
CNHA's Services and Programs
Federal Emergency Relief Funds
Over the past 24 months, CNHA has successfully administered and
disbursed over $105 million in federal emergency relief funds on behalf
of the State of Hawai`i, City and County of Honolulu and the Department
of Hawaiian Homelands, thus playing a crucial role in ensuring that
Native Hawaiians and all Hawai`i residents received timely financial
assistance that allowed them to remain in their homes. CNHA
administered federal rental assistance funds from ERA1 and ERA2 as well
as mortgage assistance funds from the Homeowner Assistance Fund
allocated to separate State of Hawai`i and DHHL programs. To date, CNHA
has cut over 80,000 checks to 14,000 households, and we continue to
process new applications and recertifications of benefit as many of our
community members continue to suffer from the financial impact of the
pandemic. CNHA was a leader of the small hui of community organizations
who contributed to the city and DHHL's being named as one of the
highest performing governmental entities in the nation in disbursing
emergency federal funds by the U.S. Department of Treasury in September
2021. It brings us great honor to say that a small native organization
located on what are essentially tribal lands was a nationally-
recognized leader in helping all of its state's residents during a
catastrophic pandemic.
Certified Native Community Development Financial Institution/Certified
HUD-Housing Counseling Agency
In furtherance of our mission, CNHA also operates as a Certified
Native Community Development Financial Institution (CDFI) and a
Certified HUD-Housing Counseling Agency. Throughout the pandemic, we
have witnessed a sharp increase in the demand for our services and
programs. Despite our limited capacity to meet loan demands, with only
$7 million in our revolving fund, CNHA was able to extend much needed
financial assistance to individuals and organizations normally shunned
by traditional lenders due to poor or non-existent credit history. By
maintaining close relationship with our borrowers, including providing
financial literacy, business and money management courses, risk
counseling, and applying effective portfolio management tools, we
currently maintain rates lower than 2 precent and 1 percent in
delinquency and write-offs, respectively.
Pop-Up Makeke
In April 2020, with assistance from CARES Act funds, we launched
the Pop-Up Makeke as a response to the economic hardship caused by the
cancellation of events and craft fairs, and the temporary shut-down of
local brick-and-mortar stores. Serving as a centralized on-line
marketplace, the Pop-Up Makeke helped over 300 small business owners,
artisans, and vendors to reach and sell to tens of thousands of
customers. Although we had originally intended for the Pop-Up Makeke to
last for only a couple of months, this endeavor proved to be so
successful that it continues today, even after the CARES Act funds have
dried up. To date, Pop-Up Makeke has supported over 400 businesses to
sell over 180,000 products and generate roughly $3 million in sales.
KuHana Business Program
We also launched our KuHana Business Program in 2020. Funded in
part through a cooperative agreement with the U.S. Small Business
Administration (SBA), KuHana is a business accelerator that promotes
the economic development of entrepreneurs and small businesses by
providing training, technical assistance, and networking opportunities.
Although KuHana was not originally conceived as a response to the
pandemic, this program quickly adapted to incorporate best practices
relevant to the unique challenges businesses are now presented with.
KuHana just began its eighth cohort, and successful graduates will walk
away with a completed business plan, a one-year business membership to
CNHA, ongoing technical assistance support, access to networking
events, and an opportunity to pitch their business plan to community
partners and investors. To date, the KuHana business program has helped
over 150 businesses to accumulate over $600,000 of capital to support
their collective endeavors.
Hawaiian Trades Academy
In addition to supporting small businesses and entrepreneurs, CNHA
also promotes workforce development through the Hawaiian Trades
Academy, which launched in 2019 with the goal of raising the household
income of families in Hawai`i. Over an eight-14-week period,
participants learn and develop skills, gain mentoring, and acquire
certifications to enter the trades industries. When the COVID-19
pandemic hit Hawai`i and the unemployment rate shot up to over 20
percent statewide, this program provided a critical service to up-skill
and diversify the job opportunities for many in need. The Trades
Academy has graduated 13 cohorts, spanning three counties, and
consisting of over 300 graduates in trades programs for carpentry,
trucking, fire, police, and solar installation. Since its inception,
the Hawaiian Trades Academy has received over $1.3 million in private
and state grant funding, and we have recently been awarded grant
funding from the U.S. Department of Labor, in accordance with the
Workforce Development Innovation and Opportunity Act.
CNHA's Requests to the Senate Committee on Indian Affairs
Through over 20 years of advocating to improve the economic and
living conditions of Native Hawaiians, our organization has gained
invaluable experience, built numerous partnerships, and developed a
keen understanding of the needs of our community. By leveraging these
assets, CNHA was able to address the challenges presented by the COVID-
19 pandemic and successfully administer programs, provide loans, and
disburse emergency relief funds to support our community through these
challenging times. Nonetheless, the needs of our people remain great,
and demand for our services continues to increase. In light of the
experience and insights that CNHA has gained, especially over the
course of the past two years, we humbly submit to the Committee the
following requests that we believe will foster innovation and improved
outcomes within our community.
1. ERA2 Housing Stability Funds--ERA2 funds have had an
incredible impact on keeping our families in their homes and
off the streets during the pandemic. As these programs begin to
conclude due to the spend down in funding, providers are now
focusing on finding ways to bridge these programs with long-
term housing stability initiatives for Hawai`i residents.
Recent surges in applications suggest that the demand for these
services is increasing. CNHA has been working with the City and
County of Honolulu to use ERA2 Housing Stability Funds to cover
workforce development and cultural programming such as
ho`oponopono, which can be roughly understood as ``family
counseling'' within this context. Experience tells us that
these interventions are successful at meeting the unique needs
of the NHPI community--a community that disproportionately
faces housing instability. Moreover, our research indicates
that other states are using Housing Stability Funds similarly.
Unfortunately, we have been informed by Catholic Charities
Hawai`i that the Department of Treasury has rejected our
Housing Stability Funds proposal. While the ERA2 funds are not
specifically reserved for native peoples, we still believe that
the federal government should carefully consider native
concerns and requests for the use of all federal funds,
especially when they will disproportionately impact our people.
Increased flexibility in the use of these funds reflects the
understanding that native peoples know what works best for our
own communities.
2. Additional Federal Emergency Funds for Native Hawaiians to
be Administered by CNHA--As previously mentioned, our data
suggests that the need for emergency rental assistance is
growing in Hawai`i. Buoyed by our successes with the
administration and disbursements of ERA1 and ERA2 in the past
24 months, CNHA believes that we have demonstrated that we are
clearly the best entity to disburse large scale federal
emergency financial assistance most effectively and efficiently
to the Native Hawaiian community. We have in place
sophisticated infrastructure, processes, and procedures capable
of handling tremendous amounts of data, transactions and
communications. Equally important is our dedicated and talented
staff of over 100, both permanent and temporary, who have
endured a fast-phased work environment like no other. Moreover,
after collecting socio-economic and demographic data on Native
Hawaiians for the last two years, no other entity has a more
complete and current information than CNHA on the economic
well-being of Native Hawaiians.
We are asking that CNHA be a preferred entity in the State of
Hawai`i to manage and execute all federal emergency funds,
including additional emergency rental or mortgage assistance
funds, established specifically for Native Hawaiians.
3. Native Hawaiian-Owned Bank--Considering CNHA's successes
during the pandemic and the recognition it has received from
the community as a trusted partner and a community resource,
CNHA hopes to leverage our accomplishments to further deliver
on our mission. CNHA's management is currently planning to
establish the very first Native Hawaiian-owned, Native
Hawaiian-serving bank. This entity will be a conduit for
capital formation, investment, lending and borrowing for Native
Hawaiian individuals, businesses and organizations located
within Hawai`i. This Native Hawaiian bank would be unique in
many ways, but especially by the fact that it would be serving
a subset of Hawai`i's population that is persistently poor and
underserved by traditional lenders. Through this bank, Native
Hawaiians will have the opportunity to establish consumer
credits, learn financial literacy, and assume loans for
education, housing and other personal aspirations.
CNHA asks that the federal government invest in CNHA for at
least the initial minimum cash outlay needed to establish a
bank, while providing training, education, mentorship and other
technical assistance.
4. CDFI Funding to Native Hawaiians--We request that a separate
CDFI program be established specifically for Native Hawaiians.
Currently, Native Hawaiian CDFIs are forced to compete with
Native Americans for the Native American CDFI Assistance
Program (NACA), and our applications are often unsuccessful.
Dedicated funding for Native Hawaiian CDFIs would allow our
CDFIs to grow and develop so that additional resources could
then be acquired and distributed into our communities.
In closing, we mahalo the Senate Committee on Indian Affairs for
traveling to Hawai`i to hear from Native Hawaiians directly and in
person. We thank Chair Schatz, Vice Chair Murkowski, and all the
members of the Committee for the opportunity to share our mana`o today,
and for their support of native issues over the years.
The Chairman. Thank you to all of our testifiers. I want to
start with Chair Lindsey. OHA had to expand emergency financial
assistance this year to respond to growing needs. I wonder if
you can give us either some color or data on what the financial
picture is now versus pre-COVID times. So you see anything that
is either encouraging or alarming? Where are we now?
Ms. Lindsey. I think during pandemic times, we had monies
coming from all over the place, and being [indiscernible]
finances [indiscernible] to help our people. But it has dried
up. I think there is a definite need, there are people who are
not being able to pay their mortgage and pay their rent and
[indiscernible]. So I think there is a real need right now to
see some kind of continuity to help these people.
[indiscernible] something that we use and I think most of
the emergency funds use was paid directly to the mortgage
companies and landlords, and electric companies and water
companies. So it is not as if the money is being wasted. It is
true need. There is a possibility of continuity of these kinds
of funds [indiscernible] need it here in Hawaii.
The Chairman. Thank you. New topic. We had a hearing a
couple of weeks ago where we had Mark Patterson from the Hawaii
Correctional System Oversight Commission. He has had a fair
amount of success with culturally based trauma and
[indiscernible] interventions for women and children. My
understanding is that OHA is sort of stepping into this space.
I am wondering if you can elaborate on what you are doing and
how you think maybe the Committee or the Federal Government
might be of assistance.
Ms. Lindsey. Thank you for that question. Just
coincidentally, in the last legislative session, I was invited
to a special group called the Women's Project, led by the
Governor, including [indiscernible]. She signaled a very
[indiscernible] women who wanted to help with this problem. I
met [indiscernible] with him and he [indiscernible] some of the
problems in our women's prisons.
I think there were definitely, there were 10 bills
introduced in the legislature. Not all passed, but we are going
to, we have a commission for the women's prison to help guide
the department to improve the conditions of the women in the
prison, in that they are able to see their children. The women
are the domestic part of a family. The children are an
important part of how they live their lives.
So being able to be close to their children is a big thing
in their recovery as well. We would like to see that that
happens.
And our prison is so dilapidated. If there are funds that
can help improve that condition that would be very helpful,
Senator. I believe Mr. Patterson has a good [indiscernible] and
I have the highest respect for his leadership and direction. I
believe he is meeting with you in a couple of weeks.
The Chairman. Yes. The one thing I would note, and we have
a couple of [indiscernible] on the next panel, is that
sometimes it is not a lack of programs, it is a lack of
connectivity among these programs.
Ms. Lindsey. Yes.
The Chairman. I always think back to my non-profit times,
and folks would get out of prison, where they were receiving
mental health services, and there would be a break in case
management, even medication. The only way they could get care
again is to re-hospitalize or reincarcerate.
Ms. Lindsey. Right.
The Chairman. So part of what we all have to do is to
develop a series of recommendations, in my view, for the next
Governor. Because this has to be overseen at the sort of
cabinet meeting level, so that the public safety department is
talking to the department of health, is talking to the Office
of Hawaiian Affairs, and we are thinking about the person who
is coming out of incarceration and how she or he may transition
back to being a productive community member. It is not enough
to provide eservices once someone finds themselves in great
difficulty. It is already too late by then.
I am struck by the fact that there is always a need for
resources, but sometimes we need to just coordinate the
resources that exist a little bit better. I am hoping that
maybe all the people in this room can develop a series of
recommendations for whomever ends up being our next Governor to
kind of oversee this. This is not ideological, this is non-
partisan. This is just about making things work.
Let me move to Chairman Aila. I have a bunch of questions
for you, a couple of them are rather technical. Should the
funding for a loan program be available to eligible Native
Hawaiians living throughout the State? Just for the record.
Mr. Aila. [indiscernible]. I think that would be a good
thing. The department, given the resources that it holds and
the landings that we have, we are not able to address all the
concerns. 184A is a [indiscernible] program, it is easily
understandable and it is easily complied with.
The only ask that I would ask here is that it be made
[indiscernible] and changes to [indiscernible] on the homeland
[indiscernible] clear Congressional [indiscernible].
The Chairman. That is my partner's job.
Okay. You are increasingly using your subcontracting
authorities. Talk to me about how that works and how successful
it has been.
Mr. Aila. I was [indiscernible]. We hope that there will be
more organizations Hawaiian-led that will improve our capacity
[indiscernible]. We are still a State agency, people oftentimes
forget that. We still have to go through [indiscernible]. So as
other groups step up and [indiscernible] we will be more than
happy to partner with other groups and similar programs that
the department so desperately needs. It is a great partnership.
Of course, [indiscernible] say that it is fixed. It is the only
way to perform.
The Chairman. So that brings me to the capacity question.
The legislature did something extraordinary this year, hundreds
of millions of dollars for Native Hawaiian housing in
particular. My question is sort of two parts. One is, do we
need to think about capacity-building, not just the ability to
subcontract for management, but boy, this is a lot of money to
expend and to try to do so responsibly. Given that the real
estate market is really hot, to get excellent construction
management, people who are real estate experts at a civil
service salary is an extraordinary challenge.
I am wondering if you would talk about how you see
execution. I don't want you to give me a pat answer. If you are
not there yet, I would rather you say, let me get back to you
in six weeks, rather than just give me a glib answer. So that
is one question.
The other is, how would the big infusion of Federal funds,
big infusion of State funds, how do these two funds interact?
Do they end up in a pile going to the same purpose? Or are they
separate lines of [indiscernible]?
Mr. Aila. The personal question first. We have
[indiscernible] utilize positions that [indiscernible]
appropriated, starting July 1st we actually get to go out and
[indiscernible]. We also are going to take steps to utilize
Federal funds to create exempt positions to do exactly that.
Folks at the project management level to assist us with
construction side, the procurement that is going to be
necessary to deal with down payment assistance, mortgage
assistance. Because we don't have staff to do that, we don't
have the expertise to do that.
So that is something that is [indiscernible] in finance,
they didn't give us a green light to go forward with positions
that we want to create that on July 1st get funded. Speaking
with HUD, we feel comfortable through NAHASDA creating six to
eight more positions to deal with the funds that are coming
through the Federal side.
Also, the ability to utilize those Federal funded employees
[indiscernible]. It is the best plan that we can have for now.
We do appreciate others joining in with us and creating
capacity. But two years, three years, is a very short time. So
we need the Governor to keep President Biden's [indiscernible]
give us that [indiscernible].
The Chairman. Let me know what you need. Also, I would just
add that one of my continuing frustrations, I have not always
been totally kind to the department in all instances. But it is
because of my passion for these issues. But I do think you are
on the right track.
My new frustration, I won't say you are where you need to
be, but you are at least on track. My new frustration is that
there are people in HUD in particular who have not updated
their view of the department's ability to execute. So we need
to think together about how to make sure the White House, with
the Office of Management and Budget, at the secretary's office
at HUD, understands that this is a new DHHL. And whomever is
running it in 2023, regardless, you are going to be on a track
that puts you in a position for success.
My final question for now is just about density. I have
communicated directly with the department about my desire to
kind of open up the aperture, certainly in the kind of Indian
housing space there are lots of very exciting things happening
around density. You know, you have a lot of people on that
waiting list who would be perfectly pleased with a rental
subsidy or rental apartment or to purchase an apartment.
So I am wondering how you are thinking about the balance
between the people who are still on that list, who still want
that homestead in Kula or on [indiscernible] versus urban
Native Hawaiians who just want some help and are not so
particularly about the kind of home, real estate model, or the
home type. So I am wondering if you can speak to the next
flexibilities. I think it is not just the chairman of the
commission, it is the commissioners who may have a view. So I
wonder how that is all evolving.
Mr. Aila. Sure, thank you for that question, Senator.
In the past six or seven years, we have maintained the tool
kit, if you will, of offerings. So we had [indiscernible]
awards, which is basically, think of homesteading in the 1920s.
Government gives you a map, here is your [indiscernible], go
get them, good luck. We don't have [indiscernible]. We don't
[indiscernible] and actually build homes and actually thrive
under those conditions.
Then we have subsistence agriculture lots, which we
[indiscernible] do so. It removes the requirement for this
Congressional two-thirds [indiscernible]. So the idea of making
lands available with minimal infrastructure [indiscernible] and
allowing people to do what they say they can do.
Then we have [indiscernible] from primary, a turnkey
operation to where the turnkey is still available, because some
of the folks on the waiting list desire that, but we also offer
vacant lots. So a vacant lot is something that I did 30 years
ago with my wife. We hired a contractor and did part of the
work, we put our [indiscernible] into that house. It is
something that I could afford on my salary as a harbor master
at that time. That is what we need to do more of.
We recognize that there are beneficiaries who are not in a
financial position and will never be in a financial position to
own a house. That is where we are doing the rental
opportunities. So in [indiscernible] we are acquiring a parcel
right across the street for that. There is a tiny little house
that is attached to that property. We will acquire it and then
put that out for an RFP and [indiscernible] 200-plus more
[indiscernible] as well as [indiscernible]. It is $600 million
as a guidepost for us, so we are likely to take [indiscernible]
housing products then we pull people from the wait list but
also provide [indiscernible] rental [indiscernible].
So part of the process that we are going through right now
is to [indiscernible] houses and then try to figure out where
we get the $600 million to do that, where we take the money
that you provided to us to do that. If and when we have excess,
then it is our in-revenue [indiscernible] that we can fill
those [indiscernible].
That is where we are. Whoever replaces me has a wonderful
road map [indiscernible].
The Chairman. You are not going to [indiscernible]? There
are many other departments you can [indiscernible].
[Laughter.]
The Chairman. You only run two; there are plenty more.
Thank you. I am very familiar with William. The first time
we met was when he was the harbor master and I was a 26-year-
old legislator. He brought me a picture of a pile of severed
shark fins in a Honolulu harbor. That was the first bill that I
ever failed to pass, and then the first bill that I ever did
pass, working together with Mr. Aila. Thank you for that.
Mr. Lewis, I am really interested in Pop-Up Makeke. I would
like you talk a little bit more about it. Then also just a very
basic question: what can the Federal Government do to help you
to scale? That is number one. And the second question is, is it
transitioning into a post-COVID model, and does that mean as
people move to brick and mortar, does that mean the numbers are
lowering, or is it just a booming economy and therefore it is
going well? I am interested in mostly scale, but also how you
are doing it.
Mr. Lewis. Sure. Thank you, Senator. The Pop-Up Makeke was
envisioned as just a relief tool initially to help provide
stability to struggling businesses. But now fast forward a year
and a half, we have over 40,000 customers now who shop on Pop-
Up Makeke. We have [indiscernible] that tell us what people
want, where they buy it from, what their interests are.
So we have the tools that actually are very valuable to
make a business a business. So we have changed the model of
Pop-Up Makeke whereas at one time, it was basically, we were
doing it for free, using Federal funds to market their
products. We are now using our CDFI to now incubate some of
these businesses so they can get to a wholesale model, then we
buy their products wholesale then we sell it on the Makeke
retail.
My goal is to make the Makeke self-sufficient so that it
can live on.
The Chairman. That is great. How is Treasury treating you?
Mr. Lewis. A mixed program.
[Laughter.]
Mr. Lewis. They have been good. The challenge with some of
these programs is that it goes through three layers of
bureaucracy. It goes from the Fed to the State to the county
[indiscernible] all three of their interpretations
[indiscernible] which is not always easy.
But they have been great. I sit on one of the advisory
boards now to help advise. There is a cultural gap in terms of
their understanding of what the [indiscernible] is, for
example. So when we try to apply [indiscernible] using housing
stability funds, they are kind of reserved, they don't
understand it, so their answer is no. So it is an educational
process. But Treasury has [indiscernible] improved their
understanding [indiscernible].
The Chairman. I am reminded of something somebody told me a
long time ago, which is the best social program is a good job.
So thank you for what you are doing in this space.
Are there Federal programs that are not currently open to
Native Hawaiians? I am going to do this for all three
panelists. I will start with Mr. Lewis and go this way. Are
there Federal programs that are not currently open to Native
Hawaiians that could help? Is there a statute, and statutes are
hard, right, [indiscernible] need 10 Republicans. Not
impossible, but more challenging. But sometimes, as I have sort
of dug into the administration of the law, a lot of the
difficulty is not that the law prohibits the participation of
Native Hawaiian agencies and individuals and organizations, but
rather that there are habits ingrained in the Department of
Interior and the Department of Treasury and elsewhere.
So I am wondering if there are any programs that you think
Native Hawaiians should be eligible for that they are currently
not eligible for?
Mr. Lewis. Thanks, Senator. I will take the opportunity to
highlight a program that I think would be very beneficial to
Native Hawaiians. It was actually a year ago, after the
[indiscernible], but I think an amazing opportunity within that
for Hawaiians to take advantage of that. Because
[indiscernible] is the backbone employee, it is the
[indiscernible] employee. We have to get into that economy in a
meaningful way, we have to tell our own stories.
I had lunch a while ago with the head of the Hawaii
Visitors Bureau. We sat at the Pacifica, just [indiscernible]
at one time they didn't allow Hawaiians to have membership
there. Well, we had lunch there, and again, I said, let's get
lunch, he wanted lunch. So I told him, John, take a good look
around this restaurant, the dining room [indiscernible]. I
said, are there any Hawaiians here? Why [indiscernible]? I
said, John, they are back in the kitchen or they are cleaning.
So I thought [indiscernible] Hawaiians given a chance to be in
this economy alongside all of you.
So I think there is real opportunity with this Native
[indiscernible] for Hawaiians to force themselves into this
industry in which we can see [indiscernible] business
development, where we can train our people into these key
positions that help drive the economy.
More resources on that would be useful, so we can compete
against the stakeholders [indiscernible]. Right now, the
resources that are available are finite, and we are competing
with people who have deep roots in the industry. So I would
love [indiscernible], I think there is amazing opportunity
there and [indiscernible] on being more deliberate and getting
there.
As far as other programs where Native Hawaiians are not
included, the reality right now, Senator, is that there are a
lot of resources we can pursue that I don't think we are fully
taking advantage of. We need to build up the capacity of our
[indiscernible], our non-profits, so they can seek out the
current funding that is already available. That's the
challenge, they all [indiscernible] help write grants, we need
to train more people to help them build up their capacity.
I don't know of any specific program that at this time does
[indiscernible] resource.
The Chairman. Mr. Aila?
Mr. Aila. One [indiscernible] of course is the USDA
[indiscernible] Water program. If we could [indiscernible] have
a much better relationship with the county water system
[indiscernible] works. So being able to partner with the
counties, because they will provide revenue with which to pay
back the loan, which is basically a [indiscernible] grant from
USDA. We can't do that, because we don't know to fund any more
water [indiscernible] water programs that we already do.
So that would be first in mind, because the limiting
factors for the department to develop is often being able to
get water credits [indiscernible]. So that comes immediately to
mind. That is being eligible for Fish and Wildlife grants,
especially when it comes to wildlife protection,
[indiscernible] prevention, some grants around [indiscernible]
climate change. Even in [indiscernible] that is unheard of in
[indiscernible].
So we need to be able to manage parlance, and what we are
seeing, also having access to coastal [indiscernible]. Before I
forget, because we may be wrapping up shortly, I just want to
be sure [indiscernible] tell you to make sure you vote
[indiscernible].
[Laughter.]
The Chairman. I am waiting until it gets a little smaller.
[Laughter.]
The Chairman. Chair Lindsey.
Ms. Lindsey. Being in a policy making position, I depend
more on operations to share with me where we can get some help
from the Federal Government. But thanks to you, since you have
been Chair, we have gotten more than we ever have before. I
would like for myself to get back to you with recommendations
on [indiscernible] how you can be more helpful to us. We spoke
to your staff the other day and asked if we could be more open
to grants, applying to grants [indiscernible].
The Chairman. Thank you. I will [indiscernible] questions
to you, Chair, for the record. The first is the request that
the [indiscernible] land management by State government under
the 1959 Admissions Act. I was talking briefly with my staff
director about that, [indiscernible] I want to make sure you
can do this, but this may be something we can work on. I would
also want to pay particular attention to how do we do this in a
way that is perceived as objective and is objective. Those are
two different things but they are both equally important,
because if an analysis comes out and State government disagrees
with some of the findings, then we are going to be back where
we started. So thinking about how very much matters if we are
ever going to pursue the resources.
The other thing I would like to ask all of you for the
record is just about capacity. Because we are in an age, and I
don't know how long it will last, but we are certainly in a
period where you are receiving more Federal funds than usual. I
think planning for how to execute on that and how to keep the
money flowing and how to understand where in each agency there
are notices of funding opportunities. I know how it was when I
was running a non-profit. It is one thing to see a grant
possibility on a piece of paper or on something dot gov
website. But they you have to figure out how to write the
thing.
So organizational capacity building, pursuing and then
executing on Federal funds is something I would like to submit
to you, to all of you, as questions for the record.
I really want to thank you for everything that you have
done, first of all, but I also want to thank you for a really
constructive panel. I was hoping it would go this way, which is
to say, that we have a lot of follow-up homework. Let this be a
continuation of our conversation and not a culmination of our
work, but just an agreement that okay, now we have five or ten
lines of effort in each of your organizations to work on with
staff.
So there is a lot more to do together, but I am as hopeful
as I have ever been about possibilities. I want to extend a
warm welcome and aloha to our witnesses. The hearing record
will remain open and I may submit some additional questions for
the record.
We will now excuse our first panel. We will take a five-
minute break as our next panelists get situated.
[Recess.]
The Chairman. We will reconvene with this hearing of the
Committee on Indian Affairs for our second panel. We really
pleased to have some extraordinary leaders talking with the
Committee and staff about the work that is being done primarily
in Native Hawaiian education and health.
First, we have Dr. Sheri-Ann Daniels, Executive Director of
Papa Ola Lokahi. We also are pleased to have Dr. Winona
Kaalouahi Lee, M.D., Associate Chair of Medical Education at
the Department of Native Hawaiian Health at the John A. Burns
School of Medicine, at the University of Hawaii at Manoa, and
Dr. Elena Farden, the Executive Director of the Native Hawaiian
Education Council.
I will remind our witnesses that your full written
testimony will be made part of the official hearing record. We
would like you to talk anywhere between five and ten minutes
for your testimony.
Dr. Daniels, please proceed with your testimony.
STATEMENT OF SHERI-ANN DANIELS, Ed.D., CHIEF EXECUTIVE OFFICER,
PAPA OLA LOKAHI
Dr. Daniels. Mahalo, thank you again for inviting us to
share on behalf of Papa Ola Lokahi. Chair Schatz, mahalo, as
well as Vice Chair Murkowski, who is on video.
Our commitment and your commitment to bring us to the table
is deeply appreciated. I know the other earlier testifiers also
share that sentiment. In the spirit of the Committee's legacy
of strong bipartisanship in honoring the Federal trust
responsibility owed to American Indians, Alaska Natives, and
Native Hawaiians, we want to thank you all for contributing to
today's field hearing.
For those of you who don't know, Papa Ola Lokahi was
created in 1988 with the premise of improving the health status
of Native Hawaiians through the passage of the Native Hawaiian
Health Act, later reauthorized as the Native Hawaiian Health
Care Improvement Act.
The language of the NHHCIA established a network of health
resources, services, and infrastructure for Native Hawaiians
through five Native Hawaiian health centers and systems, as
well as the Native Hawaiian Health Scholarship Program under
the coordination and oversight of POL. Our mandates include
support and coordination of related health services for Native
Hawaiians. We are grateful for the support of partners across
the State, Native Hawaiian organizations and communities who
trust POL with their work.
Chairman Schatz, thank you again for your work and
commitment to improving Native Hawaiian health and to honoring
the Federal trust responsibility owed to Native Hawaiians. Your
efforts to secure pandemic relief and support for Native
Hawaiian health in the American Rescue Plan Act of 2021, which
we affectionately call ARPA, and other COVID-19 legislation
have bolstered access to services for all Native Hawaiians
across the State. After the grant period finishes in July 2023,
we look forward to sharing the stories and data that underscore
the critical need for further robust investments in Native
Hawaiian health.
POL also acknowledges your work in other fields that affect
health resource access, community safety, and overall wellbeing
of Native Hawaiians and Hawaii residents alike. Your specific
attention to the social determinants of health and the factors
that facilitate health care delivery, accessibility, and
utilization, such as increasing broadband coverage throughout
the State, which ties to tele-health services, is needed to
address the systemic issues in health care.
Today, we share the successes made possible by not only
your work but that of your colleagues that fulfills the
mandates of the Native Hawaiian Health Care Improvement Act and
addresses the needs exacerbated or created during the pandemic.
In addition, we identify barriers to fulfilling our mandates
and ways that Federal legislation can continue to uplift Native
Hawaiian health.
The Federal trust responsibility extends to all Native
Hawaiians, an estimated population of over 300,000 Native
Hawaiians who reside in the State of Hawaii alone. The Native
Hawaiian trust responsibility must be legislated with clarity
so that it is understood and implemented in ways that ensure
Native Hawaiians receive equitable opportunities as indigenous
peoples with a trust obligation.
I would like to share briefly the work POL has been doing
that would not have been possible without the work of Congress
continuing to honor that trust responsibility. During the
pandemic, our staff did everything from writing grants to
showing up at vaccination and pop-up clinics to help talk to
and engage with community organizations and especially our
Native Hawaiians and asking them what they needed.
Our pivot to digital work has produced dozens of webinars
to continue providing health resources and information. In 2022
so far, our social media has reached over 150,000 people. This
is Facebook analytics alone, and that is huge that we are able
to track that. We have also shifted health assessments and
[indiscernible] using the in-person to help guide our decisions
and what we see as benefits for Native Hawaiian health. This
week alone our staff is supporting virtual listening sessions
for communities to discuss elder care needs around Alzheimer's
and dementia. Generally speaking, the work POL does is in
culmination of our Federal mandates as well as community
feedback.
While we continued to do the COVID-19 work, we were also
non-stop doing the other functions of Papa Ola Lokahi in our
pursuit of uplifting Native Hawaiian health. That is seen in
our growth. POL, over the last two years, has grown to over 30
staff and to six different departments. We processed and
applied for over $2 million in Federal, State, county and
private funding alone. And this is just in our wheelhouse. We
also oversee the additional $20 million in ARPA as well as our
$20 million that comes into [indiscernible].
Under these funds, we were able to uplift a health
workforce as well as partner with academic institutions around
a health leadership certificate. I believe [indiscernible]
talked about workforce, and that was something we identified.
The pandemic was in 2020 immediately concerning for POL.
Native Hawaiians are in this perfect circle of risk when it
comes to COVID-19. There are disparities and chronic diseases,
such as diabetes, cancer, heart disease and obesity. We are
also talking about social determinants risks, housing,
economics. All of those things already impacted our Native
Hawaiians and were over-represented in [indiscernible] shelter
population, our [indiscernible], our service industry, our
employment.
So there is seemingly [indiscernible] not just in the way
people contracted COVID-19 and their clinical needs, but also
all the additional impacts around economic, were they going to
be employed, were they able to provide a roof over their head.
Because of this context in which we live and work in, we
recently worked on a report about data just [indiscernible].
Native Hawaiian data will be difficult to find and access.
Fortunately, we weren't alone in thinking about this with
our [indiscernible]. By June 2020, we actually started
supporting and providing all the administration for the Native
Hawaiian and Pacific Islander COVID-19 Response, Recovery and
Resilience Team, affectionately known as NHPI 3R. With over 60
partner organizations, both Native Hawaiian and Pacific
Islanders, we successfully supported dozens of testing and
vaccination events, worked with our department of health to
improve COVID-19 data for Native Hawaiians and Pacific
Islanders. We are the only State that actually does aggregate
data [indiscernible] from the overall data of COVID-19.
In the [indiscernible] of COVID-19 relief dollars must pass
through Congress this omission [indiscernible] team received no
funding. The power of partnership is real. That is what
[indiscernible] results.
I want to make sure I give time for my other colleagues but
I think people want to know where are the funds going. You have
all these ARPA dollars, where do they go? We are constantly in
partnership with various organizations, doing the work.
I think sometimes we forget that there are such nuances to
what funding can be used for. So with COVID-19, it was direct
clinical COVID-19 services, indirect such as outreach,
education, survey, [indiscernible]. And increasing or
maintaining resources needed to expand the workforce.
In addition, we uplifted 20 organizations outside of our
bubble. This was huge because when an article was signed in
March, we actually didn't get notification until August. Once
we got notification, we were able to implement, but we didn't
execute contracts because funds weren't received until October.
So we are talking five to six months.
So for us, that concern that it raised was it was erosion
of community trust in POL, and we did waiver, because we knew
that this was something that our community needed. So POL's
largest portion of the ARPA dollars of what we got, $3.5
million was distributed to 15 partners, 20 organizations total.
It wasn't just about giving money. It is about creating a
collaboration, a whole work source, that we could help them
build capacity, which you also heard on the first panel, it is
very important.
In addition, the Na Makawai partners' work in COVID-19,
they overlap [indiscernible] existing needs [indiscernible] in
our community. They will include sustaining primary health
care, increasing mental and behavioral services, rural health
youth program, food insecurity and access programs, as well as
maternal and child services. This pandemic has driven so much
attention to virtual health. But those delivery systems are not
accessible for Native Hawaiians that live in rural areas.
So these funds, ARPA, through [indiscernible] includes a
whole partnership for our broad infrastructure mapping project.
So again, health isn't just chronic conditions. We are showing
that health expands beyond that, and we recognize that there is
so much more we can do.
Again, thank you.
[The prepared statement of Ms. Daniels follows:]
Prepared Statement of Sheri-Ann Daniels, Ed.D., Chief Executive
Officer, Papa Ola LoKahi
Aloha e Chairman Schatz, Vice Chairman Murkowski, and the Members
of the U.S. Senate Committee on Indian Affairs (``Committee''),
Mahalo (Thank you) for inviting me to provide remarks on behalf of
Papa Ola Lokahi (POL) and Native Hawaiian health during this field
hearing. Your commitment to bringing the table to us is deeply
appreciated. In the spirit of the Committee's legacy of strong
bipartisanship in honoring the federal trust responsibility owed to
American Indians, Alaska Natives, and Native Hawaiians, we want to
thank all who have come or contributed to today's field hearing.
POL was created in 1988 to improve the health status of Native
Hawaiians through the passage of the Native Hawaiian Health Act, later
reauthorized as the NHHCIA. The language of the NHHCIA established a
network of health resources, services, and infrastructure for Native
Hawaiians through five health service providers, the Native Hawaiian
Health Care Systems, and the Native Hawaiian Health Scholarship Program
under the coordination and oversight of POL. Mandates for POL include
support and coordination of related health services for Native
Hawaiians. We are grateful for the support of partners across the
State, Native Hawaiian serving organizations (NHOs), and communities
who trust POL to support their work.
Chairman Schatz, thank you for your work and commitment to
improving Native Hawaiian health and to honoring the federal trust
responsibility owed to Native Hawaiians. Your efforts to secure
pandemic relief and support for Native Hawaiian health in the American
Rescue Plan Act of 2021 (ARPA) and other COVID-19 legislation have
bolstered access to services for all Native Hawaiians across the State,
and after the grant period finishes in 2023, we look forward to sharing
the stories and data that underscore the critical need for further
robust investments to improve Native Hawaiian health.
POL also acknowledges your work in other fields that affect health
resource access, community safety, and overall well-being of Native
Hawaiians and Hawai`i residents alike. Your specific attention to the
social determinants of health and the factors that facilitate health
care delivery, accessibility, and utilization--such as increasing
broadband coverage throughout the State--is needed to address the
systemic issues in health care. Today, we share the successes made
possible by your work that fulfill the mandates of the NHHCIA and
address the needs exacerbated or created during the pandemic. In
addition, we identify barriers to fulfilling our mandates and ways that
federal legislation can continue to uplift Native Hawaiian health.
Background
The Federal Trust Responsibility
Similar to American Indians and Alaska Natives, Native Hawaiians
have never relinquished the right to self determination despite the
United States' involvement in the illegal overthrow of Queen
Lili`uokalani in 1893 and the dismantling of our Hawaiian government.
As such, Native Hawaiians are owed the same trust responsibility as all
Native groups in the United States. To meet this obligation, Congress--
often through landmark, bipartisan work of this Committee and its
Members--has created policies to promote education, health, housing,
and a variety of other federal programs that build, maintain, and
enhance resources for Native Hawaiians.
Over 150 Acts of Congress expressly acknowledged or recognized a
special political and trust relationship to Native Hawaiians based on
our status as the Indigenous, once-sovereign people of Hawai`i. Among
these laws are the Hawaiian Homes Commission Act, 1920 (42 Stat. 108)
(1921), the Native Hawaiian Education Act (20 U.S.C. 7511) (1988),
the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11701)
(1988), and the Hawaiian Homelands Homeownership Act codified in the
Native American Housing Assistance and Self Determination Act, Title
VIII (25 U.S.C. 4221) (2000).
Honoring the Trust Responsibility by Supporting Native Hawaiian Health
The federal trust responsibility extends to all Native Hawaiians--
an estimated population of over 300,000 in the State of Hawai`i alone.
\1\ POL asks Congress to include Native Hawaiians in federal
legislation and programs intended to serve all Native Americans based
on the federal trust responsibility. Native Hawaiian inclusion must be
clearly defined in statute so that the trust responsibility is
understood and implemented in ways that ensure Native Hawaiians receive
equitable opportunities as indigenous peoples with a trust obligation.
---------------------------------------------------------------------------
\1\ U.S. Census Bureau. (2019). 2020 American Community Survey 5-
Year Estimates Detailed Tables. Retrieved from https://data.census.gov/
cedsci/table?q=b02019&g=0400000US15&tid=ACSDT5Y2020.B02019
---------------------------------------------------------------------------
We urge Congress to make legislation specific to Native Hawaiian
health because without such language, implementation that honors the
trust responsibility is subject to interpretation. When the trust
responsibility for Native Hawaiians is decided in this manner, it
becomes difficult to ascertain whether Native Hawaiian communities
receive equitable access to opportunities or benefit from funding as
intended. A variety of federal health grants continue to aggregate
Native Hawaiians with with Asian Americans and Pacific Islanders,
subsume Native Hawaiians as a special population within state programs
and block grants, or simply fail to incorporate Native Hawaiians. Such
implementation is a fundamental misunderstanding of the federal trust
responsibility and Native Hawaiians as a special political group with
specific eligibility for federal programs.
For example, Native Hawaiians are disproportionately impacted by
sexual violence--including child sexual abuse, sex trafficking, and
domestic abuse. We need to break the cycle of violence--which is a
result of historical trauma--that harms Native Hawaiian families. There
is a problem with the Violence Against Women Act. Tribal nonprofit
organizations and Native Hawaiian nonprofit organizations are both
eligible for VAWA grants to provide services benefitting Indian and
Alaskan Native women but not Native Hawaiians. Native Hawaiian grant
eligibility that does not reach Native Hawaiian communities creates
confusion and does not fulfill the trust responsibility to Native
Hawaiians, and we ask Congress to support the amendments needed to
correct legislation intended to be inclusive.
Funding & Program Access
The federal context of Native Hawaiian health today is a
combination of limited direct funding that faces various administrative
challenges and a structurally inequitable competitive grant system. To
carry out Congressional mandates, POL both advocates for increased
direct funding to Native Hawaiian health and equity for NHOs pursuing
health funding. POL remains of the opinion that Native health should
have multiple, stable vehicles of non-competitive funding as part of
the federal trust responsibility. POL asks Congress to continue
supporting Native Hawaiian health to the extent possible through clear
and specific legislation. Native Hawaiian health cannot be legislated
into competition with general population needs or Tribal health, not
only because those needs have vastly different context, but also
because the trust responsibility owed to Native Hawaiian health is not
optional. Equity for all Native health efforts must be uplifted, as all
Native health falls under federal trust obligation.
Statutory specificity is one way to ensure that the trust
responsibility is not diluted in implementation. The success of
specific Native Hawaiian health inclusion was exemplified in COVID-19
relief through ARPA. Without this inclusion, NHOs would have the same
access to federal resources as the general public, which dismisses the
trust responsibility towards Native Hawaiian health. Today, it is not
clear what sources of federal funds have reached NHOs both regarding
pandemic relief or health resources and programs in general, which
prevents POL from gaining insights to guide its future work to carry
out Congressional mandates or make data-informed decisions. POL
continues to pursue data governance, access, and disaggregation
improvements regarding federal, state, and local Native Hawaiian health
data.
COVID-19 Pandemic Response
POL Partnerships and Grants. The establishment of POL as a non-
profit organization allows eligibility to pursue federal, State,
county, and private sources of funding. Since the first shutdown in the
State of Hawai`i in March 2020, POL (both alone and in partnership with
community organizations) has successfully applied for or acted as
fiscal agent for over $2 million dollars throughout various grants.
These grant funds are in addition to the roughly $3.5 million of ARPA
funds that POL is funneling to community organizations. POL is
committed to pursuing its mandates and mission through multiple funding
mechanisms to expand opportunities for Native Hawaiian health. POL has
also engaged its Congressional duties by providing the administration
for the Hawai`i COVID-19 Native Hawaiian & Pacific Islander Response,
Recovery, and Resilience (NHPI 3R) Team, a coalition of over 60
partners that have engaged on behalf of communities throughout the
State of Hawai`i, from June 2020 to present.
Na Makawai. Na Makawai is the name of the initiative that
encompasses the work of the five NHHCS, POL, and fifteen Native
Hawaiian serving health entities (20 organizations in total) that have
received ARPA funding to provide COVID-19 response and recovery
services and resources throughout the State of Hawai`i. ARPA funding is
ongoing over the course of a two-year grant period through the Health
Resources & Services Administration (HRSA). The first year of funding
for ARPA began retroactively on August 1st 2021, and ends on July 31st,
2022. The Notice of Award regarding ARPA funding--a grant document that
signals funding has been awarded, because POL was required to submit a
grant application for ARPA funds--was received on August 13, 2021,
about five months after ARPA was signed into law. Community partners
began receiving funding in August and September of 2021.
Notably, ARPA language allowed for funds to be applied towards
health workforce, infrastructure, and community outreach and
education--critical components of Native Hawaiian health. Given the
annual appropriations for federal fiscal years 2021 and 2022 ($20.5 and
$22 million, respectively), a $20 million increase in funding across a
two-year span increases the total funding to the NHHCIA by
approximately half. The full impact has yet to be realized, as funding
will be expended through 2023. As of May 2022, POL has expended
approximately $1.5 million of ARPA funding to support statewide
community partners through the Na Makawai initiative. The thoughtful
flexibility and inclusivity of ARPA language and approved activities
through HRSA allowed POL to partner with local organizations across a
wide range of programs and services throughout the State of Hawai`i,
which includes:
direct clinical COVID-19 services (vaccination and testing,
mobile care, and mobile events);
indirect COVID-19 services (outreach, education, and
surveillance; statewide referral hotline for various
resources); and
increasing or maintaining resources needed to expand COVID-
19 response (workforce, including community health workers;
telehealth capacity and electronic medical records).
In addition, the Na Makawai partners work in COVID-19 relief needs
overlap with preexisting needs in the Native Hawaiian community. These
include: sustaining comprehensive primary health care; mental/
behavioral health; a rural youth program; food insecurity and access
programs; and maternal/child care. POL also seeks to connect with
health factors that impact clinical needs, so Na Makawai partnerships
have also supported a broadband infrastructure mapping project so that
future telehealth projects and programs that rely on broadband
accessibility can be informed by and based on high quality, locally
collected data.
Implementation Challenges. International supply chain issues
continue to slow the implementation and execution of relief efforts.
One of the most highly anticipated approved purchases, mobile health
units, has an estimated delivery of at or over 12 months. Mobile health
units are are particularly valuable in rural areas of the State to
buffer geographic maldistribution of health resources and services, and
there is no readily accessible short-term, temporary workaround to
replace the utility and functional gains that mobile health units
provide.
Community partners and State data have continued to report COVID-19
cases rising, which creates system-wide stress. As both the Native
Hawaiian community and health workforce experience continued COVID-19
impact, POL urges Congress to continue responding to pandemic needs in
the Native Hawaiian community.
Administrative Challenges. POL first engaged with HRSA as ARPA was
about to be signed in March 2021 to request immediate engagement, as
this was the first direct COVID-19 Native Hawaiian health funding bolus
during the pandemic. POL and the NHHCSs agreed that the fastest, most
responsive way to address COVID-19 needs for Native Hawaiians was to
funnel the appropriation through POL, so that the NHHCSs could focus on
on-the-ground activities and for flexibility, as pandemic needs
fluctuated in range and intensity. To much dismay, HRSA interpretation
of ARPA language, which was attributed to the Office of General Counsel
of the Department of Health and Human Services (HHS OGC), required POL
to distribute these emergency funds among POL and the NHHCSs, not
allowing for the mobility envisioned, despite proactive signaling.
POL was also informed that the NHHCIA matching requirement for the
NHHCSs would be applied. POL explained, in meetings and in writing,
concern about the interpretation that NHHCIA requirements preempted
emergency relief, which seemed counterproductive. HRSA did not provide
further comments or a connection to HHS OCG for clarification, instead
focusing on requesting that POL provide a waiver letter regarding the
matching requirement. POL, in its letter, reiterated concerns that this
precedent would affect timeliness. No follow-up was provided.
Despite repeated outreach to HRSA due to community and delegation
inquiries in April and May of 2021, and POL's concerns about
timeliness, the non-competitive grant application was not published
until June. Funding did not become accessible until August. In
communications, HRSA responded to POL on May 11th, 2021, with the
following explanation:
``The money is all from the same source--the American Rescue
Plan--but the different groups (e.g., CHCs, look-alikes,
Primary Care Associations, etc.) have different submission and
reporting requirements and in some cases different allowable
uses for the money--so we cannot use one mechanism to release
it all. So here at HRSA we've had to prepare the different
mechanisms to release the money to the various groups, and in
many of the cases it requires us to revise electronic systems
to be able to capture the information being submitted. These
ARP funds have different reporting requirements as well--not
only for the award recipients but for HRSA as well--so we need
to make sure we have figured out all of the pieces before we
release the funding. We have many expedited processes in place
to get this funding out as fast as possible, which seem to be
working because this ARP funding is going out much faster than
our ``regular'' funding.''
In stark comparison, HRSA notifications and technical assistance
work regarding ARPA components that applied to the Federally Qualified
Health Centers (FQHCs) began as early as March 2021. POL's
understanding is that FQHCs were able to access ARPA funding as early
as April, four months before ARPA funds were released for Native
Hawaiian health. POL is cognizant that other HRSA mechanisms may have
been more readily adaptable, as FQHCs and other entities had been
eligible for prior COVID-19 relief. In the meantime, POL focused on
everything under its own control such as preparing to act swiftly once
the funding opportunity application was opened and to operationalize
once funding was released.
Federal Medical Assistance Percentage. POL's lack of contacts in
the Centers for Medicare and Medicaid (CMS) was a barrier in
implementation of ARPA Section 9815 regarding 100 percent Federal
Medical Assistance Percentage eligibility for eight fiscal quarters,
which started in April 2021 but has yet to begin processing. The work
of Senator Schatz to inquire with CMS was deeply appreciated, and POL
identifies that this barrier is part of greater administrative
challenges facing Native Hawaiian health in general. POL urges the
Committee to make a permanent extension to the APRA provision for
Native Hawaiian health.
Sustainability. The partnerships created through Na Makawai
demonstrate how an emergency funding bolus can catalyze increased
coordination and network building in Native Hawaiian health, but also
indicate the level of funding that POL would be able to distribute in
NHHCIA annual appropriations to facilitate a stronger network of Native
Hawaiian health. POL was able to extend funds to a handful of community
organizations and partners who address some of the most immediate
vulnerabilities--i.e., the most high need domains of health, geographic
areas, or contextual factors that had serious inequities prior to
COVID-19 and were exacerbated during 2020 and 2021. As COVID-19 data in
the State of Hawai`i indicate that Native Hawaiian disparities are
increasing, POL seeks pathways to remain responsive to pandemic needs.
Ongoing Native Hawaiian Health Needs
Although the pandemic has created acute health issues, it has also
exacerbated many of the standing system-wide gaps in Native Hawaiian
health. These needs, while particularly salient during COVID-19, must
become features rather than temporary additions so that Native Hawaiian
health is ingrained as a function and not an option. POL urges Congress
to examine these needs and address them through legislation wherever
possible.
Increased Access to Relevant Agencies. POL finds its Congressional
mandate to coordinate and support health services and resources implies
connections with all of the operating divisions within the Department
of Health and Human Resources, but lacks specific program inclusion or
connection to any of the operating divisions besides HRSA. This lack of
connectivity creates barriers for POL to advance Native Hawaiian health
or implement Congressional successes through direct connection with
agencies because HRSA does not administer any other federal programs
based on the trust responsibility owed to Native Americans. POL is thus
dependent on HRSA to facilitate interagency relations on POL's behalf
to carry out coordination efforts. During the pandemic, POL identified
the need to have contacts in all relevant agencies.
Recent increase in Native Hawaiian listening sessions and
interactions with the Administration is a promising step forward, and
we urge this Committee to support a formal engagement process between
Native Hawaiians and the federal Departments that administer Native
Hawaiian programs so that challenges can be addressed.
Competitive Grants Dilute of Native Hawaiian Trust Responsibility.
Simply put: NHO eligibility for federal grant opportunities is nearly
always the same as that afforded to the general public, which is
dismissive of the trust obligation. Opportunities distributed across
multiple divisions and offices in multiple Departments make it
difficult to understand what is available and where, putting NHOs at a
disadvantage from the start. The competitive grant process is biased
towards applications written by experienced grantwriters--which does
not indicate community access or support with consistency. The limited
resources of NHOs also makes it impossible for NHOs to place resources
toward an intensive grant writing process. As Native Hawaiians are less
than 1 percent of the U.S. population, NHO applications in open
competitive grants face an immediately disadvantage when large service
populations are a desired metric. Thus by design, the system
automatically promotes inequity.
Improving Federal Health Data--Governance and Access. Part of the
NHHCIA mandates POL to act as a data clearinghouse for Native Hawaiian
health, a function that is difficult to achieve without statutory
requirements for the entities that create or compile said data. The
current NHHCIA does not mandate that federal departments disclose
health data to POL, and the standing federal requirements for race/
ethnicity data disaggregation are insufficient to identify Native
Hawaiian data reliably and accurately in datasets. This system leads to
Native Hawaiian health research facing barriers to federal health data.
We urge Congress to develop legislative solutions so that Native
Hawaiian health data are disaggregated and accessible.
Without changes in governance, POL is left to attempt pursuing
independent data use agreements with the various relevant federal,
state, and private data sources. Efforts to do this can be both time
and cost intensive, and do not guarantee that a data use agreement will
be established. Given that uncertainty of investment, POL has examined
what other pathways to improve data governance, access, and
disaggregation for Native Hawaiian health exist; work during the
pandemic has included participating in local partnerships that
successfully led to the disaggregation of COVID-19 data in the State of
Hawai`i. POL has also focused on supporting the creation of local
Native Hawaiian health data sets and projects, built in partnership
with stakeholders and community members. This work includes:
1. Developing a report on State sources of data that pertain to
Native Hawaiian health and address modern data needs like race/
ethnicity disaggregation, lack of uniformity in data
collection, and lack of data access--Data Justice: About Us, By
Us, For Us
2. Publishing the E Ola Mau a Mau report, which builds on the
original E Ola Mau health report and includes data governance
needs;
3. Collecting data on a variety of health topics through an
iterative survey, Ka Leo Kaiaulu; and
4. Submitting responses to federal feedback mechanisms that
detail needs in the quality and availability of Native Hawaiian
health data, such as revision of the Office of Management and
Budget (OMB) Directive 15, revisions to the Native Hawaiian
Health Care Systems requirements to the Uniform Data System,
and the need for Census Bureau products and data that address
race/ethnicity at sub-county geographies.
Data is critical in health for myriad reasons and goals.
Improvements in disaggregation and access to Native Hawaiian health
data require work on multiple fronts, including policy, to make
informed decisions in health.
Increased Direct & Inclusive Formula Funding. The NHHCIA
appropriation distributed among POL, the five NHHCSs, and the NHHSP is
the only vehicle through which the Native Hawaiian Health Care Program
receives direct funding and one of the only stable programs to support
Native Hawaiian health. Based on the continuing health disparities and
challenges facing the Native Hawaiian community, POL urges the
Committee to examine other direct funding inclusions for Native
Hawaiian health across various domains of clinical care as well as in
health infrastructure needs, including but not limited to:
Mental and behavioral health;
Chronic diseases such as diabetes, cancer, and heart
disease;
Substance abuse and misuse;
Suicide prevention, especially for youth;
Elder care, including programs that support aging in place,
facilities needs for assisted living and long-term care, and
caregiver resources;
Maternal and infant health; and
Sexual violence, including child sexual abuse, sex
trafficking, and domestic violence.
POL also urges the Committee to examine how support for traditional
healing practices can be uplifted, as these services are not typically
included in medical insurance coverage, as well as workforce
development, as many Native Hawaiians express a need for culturally
sensitive programs that utilize an integrated approach that combines
traditional healing and modern health that are administered by Native
Hawaiian health professionals.
Native Hawaiian health remains excluded or disadvantaged from
majority of programs, funding, or opportunities from any operating
division of the U.S. Department of Health and Human Services and U.S.
Department of Justice (e.g. direct funding, set-asides, block grants,
specific eligibility in competitive grants). This reflects the
struggles in Native health and related programs to address the social
determinants of health overall, as the Indian Health Service (IHS) also
remains underserved, underscoring that Indigenous health overall must
be prioritized by Congress and the Administration to protect Native
communities and uplift Native wellbeing.
POL continues to carry forward its mandates and mission, looking to
uplift the status of Native Hawaiian health to the highest extent. We
urge Congress to examine how some of these issues may be addressed
through legislation, and we continue to seek solutions on multiple
fronts. We stand ready to do our part to be an active, accountable
partner in Native Hawaiian health, and we appreciate the continued work
of Congress to do the same. Mahalo nui for the invitation to discuss
Native Hawaiian health and the trust responsibility. We look forward to
working together.
The Chairman. Thank you so much, Dr. Daniels.
We will now hear from Dr. Lee. Please proceed with your
testimony.
STATEMENT OF WINONA KAALOUAHI LEE, M.D., ASSOCIATE CHAIR,
MEDICAL EDUCATION, DEPARTMENT OF NATIVE
HAWAIIAN HEALTH, JOHN A. BURNS SCHOOL OF
MEDICINE, UNIVERSITY OF HAWAI'I
Dr. Lee. Aloha mai e, honorable Chair Schatz and Vice-Chair
Murkowski and distinguished Committee members. Mahalo nui for
the opportunity to present this joint testimony on behalf of
myself and Dr. Joseph Keawe`aimoku Kaholokula, Professor and
Chair of the Department of Native Hawaiian Health at the John
A. Burns School of Medicine. Dr. Kaholokula sends his regrets,
he is out of town.
I am Dr. Winona Kaalouahi Lee. I am a Native Hawaiian
pediatrician and medical educator. I oversee [indiscernible]
programs at the School of Medicine to help Native Hawaiian and
other [indiscernible] and disadvantaged students achieve their
dreams of becoming physicians.
This testimony addresses the fiduciary obligation of the
United States in fulfilling its trust responsibility to Native
Hawaiians, an obligation codified in Federal law. This Federal
trust responsibility is exemplified in the Hawaiian Homes
Commission Act of 1920 and the Native Hawaiian Education and
the Native Hawaiian Health Care Acts of 1988.
Native Hawaiians were once a thriving and healthy people,
with a sophisticated sociopolitical system and a rich cultural
tradition. Following Western contact, Native Hawaiians were
decimated by novel diseases, forced to abandon their native
language, customs, and beliefs. Today, Native Hawaiians face
higher rates of diseases, including diabetes, obesity,
hypertension. Native Hawaiians also have higher rates of mental
health conditions, such as substance abuse, depression,
suicide. Over the past two years, the COVID-19 pandemic
amplified these health disparities.
Access to quality and [indiscernible] healthcare for Native
Hawaiians is challenging in part due to the severe physician
shortage we face here in Hawaii, as well as the
underrepresentation of Native Hawaiians in medicine
[indiscernible]. Native Hawaiians make up only 4.5 percent of
the physician workforce, while comprising 21 percent of our
general population.
Native Hawaiians are also severely underrepresented in
health sciences and health-related research. Between 1992 and
2018, approximately 2 percent of all National Institute of
Health funding was directed toward Asian American, Native
Hawaiian and Pacific Islander research. In 2020, 25 NIH
research grants were awarded to NHPI investigators, compared to
28,587 awarded to White investigators.
Pursuing a competitive academic [indiscernible] career is
often daunting for Native Hawaiian investigators because of
racial and ethnic discrimination biases [indiscernible] and
[indiscernible] and a lack of [indiscernible] mentorship.
Despite these sobering statistics Native Hawaiian professionals
in communities continue to persevere. They work hard to care
for their [indiscernible] communities and they contribute
substantially to the greater good while sustaining the legacy
of our [indiscernible] and ancestors.
We present the summary of our recommendations
[indiscernible] evidenced within the literature, and our
collective experiences as Native Hawaiian clinicians,
researchers, educators, and community advocates.
Native Hawaiian and Pacific Islanders should not be
combined with Asian Americans or any other racial/ethnic group
under a single project or program because of differences in
health status and the diverse social and cultural determinants
of health that impact these ethnic groups. Native Hawaiian and
Pacific Islanders must have their own line of funding and their
own programs to address unique health concerns, our historical
context, and our cultural relevance.
Native Hawaiian representation and consultation should be
required at the design, implementation and oversight of
federally supported programs aimed at [indiscernible] Native
Hawaiian [indiscernible]. Increased Federal funding is needed
to support community-based programs whose foundation is
strengthened by cultural perspectives and practices. A vast
majority of Native Hawaiians identify with their heritage.
Maintaining [indiscernible] and practices promotes
psychological wellbeing.
Some of our successes at the John A. Burns School of
Medicine include the PILI Lifestyle Program to address obesity,
the Partners in Care Diabetes Self-Management Program, and Ola
Hou I ka Hula, restoring life through hula, Program. We
recommend broad dissemination of these types of programs
implemented in real-world settings, such as federally qualified
community health centers and the Native Hawaiian Health Care
Systems as well as other community-based organizations.
Federal funding should be used to expand and strengthen
culturally responsive and strengths-based pathway programs for
Native Hawaiian students who want to enter the health
professions. These pathway programs must be implemented
starting in high school and continuing at the undergraduate and
post-baccalaureate levels.
The `Imi Ho`ola Post-Baccalaureate Program and the Native
Hawaiian Center of Excellence which I oversee are longstanding
programs that can be modified to create educational models and
undergraduate [indiscernible] schools through the State.
Recipients of the Native Hawaiian Health Scholarship are
also being unfairly taxed for their professional school tuition
by the Health Resources Services Administration. The
[indiscernible] as additional taxes imposed on tuition can be
as high as $10,000 annually for these scholarship recipients
[indiscernible].
Our final recommendation is that Federal funding to
increase access to the [indiscernible] health services in rural
and primary care settings must be [indiscernible].
Psychologists should also be included in the ``incident to''
language in Medicare to allow reimbursement for services
provided by graduate trainees under the direct supervision of
psychologists. This is similar to physician training under
residents. This will allow for sustainable training
opportunities for clinical psychologists.
In summary, we ask that increased Federal funding be used
to support pathway programs for aspiring Native Hawaiian health
care professionals, targeted funding for research only
[indiscernible] and increased support for the implementation of
culturally responsive community health promotion programs and
[indiscernible] health interventions for Native Hawaiians.
Mahalo nui for the opportunity to provide testimony. I
would be happy to answer questions.
[The prepared statement of Dr. Lee follows:]
Prepared Statement of Winona Kaalouahi Lee, M.D., Associate Chair,
Medical Education, Department of Native Hawaiian Health, John A.
Burns School of Medicine, University of Hawai'i
Aloha mai e (warm greetings) honorable Chair Schatz and Vice-Chair
Murkowski and distinguished members of the United States (U.S.) Senate
Committee on Indian Affairs. Mahalo nui (much gratitude) for this
opportunity to provide written testimony regarding ``Upholding the
Federal Trust Responsibility: Funding & Program Access for Innovation
in the Native Hawaiian Community.''
This testimony is humbly being submitted jointly by Drs. Joseph
Keawe`aimoku Kaholokula and Winona Kaalouahi Lee:
I, Dr. Joseph Keawe`aimoku Kaholokula, am a kanaka maoli
(Native Hawaiian) whose ancestors lived and thrived in this pae
`aina (Hawaiian archipelago) for centuries before Western
contact. I am a Professor and Chair of the Department of Native
Hawaiian Health (NHH) at the John A. Burns School of Medicine
(JABSOM) of the University of Hawai`i at Manoa UHM). In my role
as NHH Chair, I oversee pathway programs that are supported by
both state and federal funding and designed to increase the
number of Native Hawaiians, Pacific Islanders, and other
persons from backgrounds underrepresented in medicine, other
health professions, and the health sciences. I am also a
translational behavioral scientist who oversees several
federally-funded research programs designed to address the most
pressing health concerns of our Native Hawaiian and Pacific
Islander communities and to increase the number of persons from
these communities in the health sciences. I am also a licensed
clinical psychologist who has provided clinical services to
Native Hawaiian and Pacific Islander patients at federally-
qualified health centers and the Native Hawaiian Health Care
Systems as well as helped to build culturally-responsive
behavioral health programs for these populations. I have served
and currently serve as a subject matter expert or committee
member for several federal agencies concerning Native Hawaiian
and Pacific Islander health. On a cultural level, I am a po'o
(leader) and member of Halemua o Kuali`i, a grassroots cultural
organization whose mission is to revitalize and perpetuate our
traditional Hawaiian customs and practices. Altogether, I have
over 25 years of clinical, academic, and community experience
concerning Native Hawaiian health and wellbeing.
I, Dr. Winona Kaalouahi Lee, am a Native Hawaiian medical
educator driven by a passion for promoting the success of
disadvantaged and underrepresented students in medicine. I
oversee key diversity programs at the University of Hawai`i
John A. Burns School of Medicine (JABSOM) including the `Imi
Ho`ola Post-Baccalaureate Program and the Native Hawaiian
Center of Excellence. In my role as the Association of American
Medical Colleges Diversity Officer, I led the creation of
JABSOM's first institutional policy on diversity. I am the Co-
Editor of Ho`i Hou Ka Mauli Ola, Pathways to Native Hawaiian
Health, and have led the creation and expansion of culturally-
responsive, strengths-based enrichment and training programs
for the past 20 years. I currently serve as the Director of the
Western Region of the National Association of Medical Minority
Educators and the Co-Chair of the JABSOM Coordinating Committee
on Opportunity, Diversity, and Equity and the `Apu Kaulike
Diversity Task Force. I am proud to be a former first-
generation college student and homegrown leader from `Ewa
Beach. I am a graduate of Kamehameha Schools Kapalama campus,
received my undergraduate and medical degrees from the
University of Hawai`i at Manoa, and completed my residency in
Pediatrics at the University of Hawai`i Integrated Pediatrics
Residency Program.
This joint testimony to the U.S. Senate Committee on Indian Affairs
addresses the fiduciary obligation of the U.S. in fulfilling its trust
responsibility to Native Hawaiians--an obligation codified in federal
law. This trust responsibility is due to the role the U.S. played in
the unlawful overthrow of the Sovereign of the Kingdom of Hawai`i,
Queen Lili`uokalani, on January 16, 1893, and the subsequent U.S.
occupation of Hawai`i. A fact recognized by two U.S. Presidents--
President Glover Cleveland based on the findings of the Blount Report
that same year and President Bill Clinton in 1993 with the Apology
Resolution (U.S. Public Law 103-150). This federal trust responsibility
is exemplified in the Hawaiian Homes Commission Act of 1920 and the
Native Hawaiian Education and the Native Hawaiian Health Care Acts of
1988. However, the trust responsibility of the U.S. extends beyond
these three significant federal laws and should be a bipartisan issue.
Historical Context for the Health Inequities Experienced by Native
Hawaiians
Native Hawaiians are the Indigenous People of the Hawaiian Islands,
territories now controlled by the U.S. Hawai`i was a sovereign nation
under the Kingdom of Hawai`i from the time the islands were united
under one government by King Kamehameha I in 1810 until the illegal
overthrow of Queen Lili`uokalani in 1893. \1\ Native Hawaiians never
relinquished their claims to their inherent sovereignty over their
national lands to the U.S. \2\ ``either through the Kingdom of Hawai`i
or through a plebiscite or referendum,'' as stated in U.S. Public Law
103-150.
Before Western contact, Native Hawaiians were a thriving and
healthy people, with a sophisticated sociopolitical system and a rich
cultural tradition. Following Western contact, Native Hawaiians were
decimated by novel infectious diseases; forced to abandon their native
language, customs, and beliefs; manipulated by foreign powers, and
marginalized through legislation. \1\,\3\-\5\ These deleterious changes
were exacerbated after U.S. control of Hawai`i. \1\ Similar to American
Indians (Native) Americans) and Alaska Natives, the discrimination and
marginalization experienced by Native Hawaiians under U.S.-control led
to significant social, educational, and economic disadvantages as well
as cultural repression, placing many Native Hawaiians at a greater risk
for physical and mental health concerns than any other racial/ethnic
group in their homeland and throughout the U.S.
Today, Native Hawaiians have higher rates of physical diseases and
mental health disorders than other racial/ethnic groups in Hawai`i
across all ages. \6\-\11\ Among these conditions are obesity, \12\,\13\
hypertension, \14\, \15\ diabetes, \16\, \17\ chronic kidney disease,
\18\ cardiovascular and cerebrovascular diseases (CVD), \19\, \20\ and
certain cancers (e.g., breast and lung cancer), \10\,\21\ which are
identified national health disparate priorities by the Office of
Minority Health for Native Hawaiians and Pacific Islanders. \22\ They
contract these conditions at younger ages. \20\ In Hawai`i and
nationally, Native Hawaiians also have a higher prevalence of mental
health conditions, such as substance use and abuse, \11\,\23\
depression, \11\,\24\ adverse childhood events, \7\ and suicide. \25\
Many of these physical and mental health conditions are strongly
linked to one another (e.g., comorbid depression and diabetes). \26\-
\28\ Native Hawaiians have among the lowest life expectancy (an average
of 10 years lower overall) of any other racial/ethnic group. \9\,\29\
They are more likely to be diagnosed with a chronic disease at later
stages or with greater severity, \10\ readmitted to the hospital, \30\
and frequent users of the emergency room and outpatient services. \31\
Compared to other racial/ethnic groups, they are more likely to live in
impoverished and obesogenic neighborhoods and crowded conditions, and
to work in low-paying jobs. \32\-\35\ They are less likely to obtain a
college degree or to own a home. \33\-\35\ A third (30 percent) are
uninsured/underinsured \36\,\37\ and 15 percent live in extreme
poverty. \38\,\39\ Native Hawaiians experience high levels of
discrimination with adverse effects on their health. \40\-\42\ They are
also overrepresented among Hawai`i's other health-disparate underserved
and vulnerable populations, such as rural (60 percent), \43\,\44\
homeless (57 percent), \45\ and sexual/gender minorities (52 percent).
\46\ Native Hawaiians, along with other Pacific Islanders, in Hawai`i
and other states (California, Oregon, and Washington) were among the
hardest hit by COVID-19. \47\,\48\
To effectively eliminate the health inequities experienced by
Native Hawaiians the following actions need to be taken: 1) an increase
in federally supported programs and legislation specifically targeting
Native Hawaiians and their most pressing health concerns and 2) an
increase in federal support to increase the number of Native Hawaiians
in the health professions and health sciences.
The Need for Federally-funded Culturally-Responsive Health Equity
Programs
Many Native Hawaiian serving organizations have and continue to
benefit from federally-funded programs, such as those offered by the
Administration for Native Americans (ANA), Health Resources and
Services Administration (HRSA; e.g., Center of Excellence program), and
the Center for Disease Control and Prevention (CDC)--all under the U.S.
Department of Health and Human Services (DHHS). And, in recent years,
there have been significant federal investments made toward improving
Native Hawaiian health. Some examples include the recent funding
announcement by the Substance Abuse and Mental Health Services
Administration (SAMHSA) to establish an Asian American, Native
Hawaiian, and Pacific Islander Behavioral Health Center of Excellence;
by the National Institute on Minority Health and Health Disparities of
the National Institutes of Health (NIH) for research proposals
concerning epidemiologic studies in Asian Americans, Native Hawaiians,
and Pacific Islanders; and by the Office of Minority Health (OMH) to
establish a Center for Indigenous Innovation and Health Equity.
Although these recent funding opportunities are much needed and
appreciated, they are often tied to, or aggregated with, other racial/
ethnic groups or subjected to a competitive process that casts such a
wide net that inadvertently limits, if not excludes, meaningful
participation by Native Hawaiians or academic and community
organizations working of their behalf. For example, the arbitrary and
pervasive practice of aggregating or attaching funding for Native
Hawaiians and Pacific Islanders to the larger and broader Asian
American rubric, such as in the case of SAMHSA's call to establish an
Asian American, Native Hawaiian, and Pacific Islander Behavioral Health
Center of Excellence, is highly problematic. The funding being offered
($700,000 annually over 5 years) is not enough to meet the unique
behavioral health needs of the over 24 million Asian Americans in the
U.S. who comprise over 20 different sub-groups as well as the 1.6
million Native Hawaiians and Pacific Islanders who comprise over 12
different sub-groups based on the 2020 U.S. Census.
There is no justifiable reason to attach Native Hawaiians and
Pacific Islanders to Asian American populations. This erroneous
practice perhaps came about because of a previous racial/ethnic
category by the Office of Management and Budget (OMB) that aggregated
these three groups together. Although Native Hawaiians and Pacific
Islanders have been disaggregated from Asian Americans under OMB
Directive 15 since 1994, the practice of aggregating them continues--a
practice that needs to stop because it masks the true health issues
faced by all racial/ethnic subgroups involved. \49\
In thinking about establishing new federally-supported programs, it
is important to consider that Native Hawaiians have called for and
responded best to culturally responsive health promotion programs--
programs that are either built upon or leverage their cultural
perspectives and practices. A vast majority of Native Hawaiians (93
percent) strongly identify with their Native Hawaiian heritage and
culture \50\ and 80 percent strongly believe it is important to
maintain their unique cultural values and practices for psychological
wellbeing. \51\ Rigorous scientific research we have conducted with NIH
funding has found that community-based and led, culturally responsive
health promotion programs can improve the health and wellbeing of
Native Hawaiians as well as other Pacific Islanders. Among these
programs is our PILI Lifestyle Program to address obesity, \52\-\55\
the Partners in Care Diabetes Self-Management Program, \56\,\57\ and
Ola Hou i ka Hula (restoring life through hula) Program to lower
cardiovascular disease risk in Native Hawaiians and Pacific Islanders.
\58\ For example, our Ola Hou i ka Hula program--a culture-based
lifestyle program using our traditional dance of hula--led to
significant improvements in blood pressure control and a 10-year risk
for CVD among Native Hawaiians with previously uncontrolled
hypertension.
The innovation of these culturally grounded programs resides in
their paradigm shift away from an exclusive focus on Western notions of
health promotion based on treating disease-associated physiology toward
an Indigenous perspective of health promotion based on leveraging or
strengthening cultural and community assets. However, what is often
made available for funding are programs deemed ``evidence-based'' for
which the evidence was based on research that included predominately
White samples. This is unacceptable since the validity of any
intervention can only be linked with any high degree of confidence
within the population(s) in which it was tested. Thus, health promotion
programs for Native Hawaiians that have proven their effectiveness
among Native Hawaiians need to be disseminated and implemented in real-
world settings, such as federallyqualified community health centers and
the Native Hawaiian Health Care Systems as well as other community-
based organizations.
The Need for Federal Support for Native Hawaiians to Enter the Health
Professions
Despite their significant health disparities, access to quality and
timely medical care for Native Hawaiians is poor and, in part, due to
the severe physician shortage in Hawai`i and the underrepresentation of
Native Hawaiians in the medical profession. The physician shortage in
Hawai`i rose across all counties from 2019 to 2020. Primary care (i.e.,
Family Medicine, Internal Medicine, Pediatrics, and Geriatrics)
represents the largest shortage statewide (412 FTEs needed) on all
islands. Despite comprising up to 21 percent of the population in
Hawai`i, Native Hawaiians represent less than 4.5 percent of the
physician workforce.
Complicating matters, many Native Hawaiians harbor mistrust and
suspicion of Western medicine and science because of past
transgressions against them. \59\-\61\ They also face numerous
sociocultural and socioeconomic challenges, such as economic
deprivation, the need to hold down multiple jobs, and strong family and
community obligations, that often prevent or hinder their ability to
seek timely medical care. For all these reasons, growing our local
physicians, especially Native Hawaiians, has never been more critical,
as well as vital efforts to create a robust culturally-responsive
physician workforce committed to Hawai`i and its people.
The social and economic challenges faced by Native Hawaiian
students who are pursuing careers in medicine and other health
professions impact their ability to succeed at the undergraduate level.
In Fall 2021, the University of Hawai`i at Manoa (UHM) reported that
only 14.5 percent of the UHM student population were Native Hawaiian.
\62\ Native Hawaiians face higher poverty rates than the statewide
average with 15.5 percent of NH families with children under 18 living
in poverty compared to the statewide average of 10.5 percent. \63\
These early challenges are critical reasons to create a pathway for
potential medical students starting at the high school level by
providing outreach and service programs that address academic
preparedness, college readiness, and financial and career planning.
Native Hawaiian students are more likely to be first-generation college
students and only 13.2 percent of Native Hawaiian students over 25
years of age have a bachelor's degree, compared to the statewide
average of 22.1 percent of Caucasians. \64\ Without Native Hawaiian
role models or mentors, it is difficult for Native Hawaiian students to
realize that attending a health professions school is within their
reach. These students do have academic potential and with the right
mentors and supportive learning environment, can achieve their career
goals.
Pathway programs such as the Native Hawaiian Center of Excellence
(NHCOE) and the `Imi Ho`ola Post-Baccalaureate Program at JABSOM serve
as educational models of success that should be replicated and expanded
to create a sustainable, expansive solution to meeting the academic,
personal, and professional needs of Native Hawaiian students pursuing
careers in medicine. NHCOE has strengthened the nation's capacity to
produce a diverse, culturally competent health care workforce that is
prepared to meet the needs of diverse and underserved patient
populations. NHCOE is the only Center of Excellence in the U.S. focused
on Native Hawaiian student and faculty pathways to success in medicine.
Since its inception in 1991, NHCOE has evolved and expanded its
activities, engagement, and outreach with the support of the Bureau of
Health Workforce under HRSA, JABSOM, and NHCOE's extensive and long-
standing community and educational partnerships.
One of our premier programs, the Native Hawaiian Student Pathway to
Medicine Program (NHSPM) has now completed its 12th cohort since its
inception in 2010. NHSPM has successfully led culturally responsive,
student-centered training sessions for 186 Native Hawaiian premedical
and other health professions students. Of these, 51 NHSPM students were
accepted to medical school at JABSOM (n = 30) and the continental U.S.A
(n = 21). Thus, 61 percent of NHSPM students who applied to medical
school (n = 51/83) were accepted. Within JABSOM, NHCOE is the lead unit
providing cultural competency training to 100 percent of JABSOM
matriculated medical doctorate (MD) students, supporting clinical
training in communities that serve Native Hawaiians, and integrating
traditional healers within the context of western medicine. In 2014,
NHCOE established the first Dean's Certificate in Native Hawaiian
Health awarded to JABSOM medical students who meet culturally intensive
studies as well as academic, research, and community service
requirements. NHCOE has also supported the Indigenous Faculty Forum
(IFF), an ongoing partnership between NHCOE and the Northwest Native
American Center of Excellence at the Oregon Health Sciences University
to create a formal networking and collaborative partnership with
indigenous faculty across the nation.
The `Imi Ho`ola Post-Baccalaureate Program is a proven pathway
program that provides educational opportunities to disadvantaged
students pursuing careers in medicine. Since 1973, `Imi Ho`ola
(Hawaiian meaning those who seek to heal) has successfully equipped
students with the knowledge, skills, and confidence to achieve success
in the competitive field of medicine. Up to 12 students are enrolled
each year and once students complete the rigorous program, they
matriculate as first-year students in the JABSOM MD program. To date,
297 `Imi Ho`ola alumni have successfully graduated from JABSOM. `Imi
Ho`ola's contributions to Pacific Islander diversity at JABSOM are
significant. Thirty-eight percent (38 percent) of all Native Hawaiians,
34 percent of Filipinos, 57 percent of Micronesians, and 89 percent of
Samoan students who graduated from JABSOM--came through `Imi Ho`ola.
`Imi Ho`ola graduates also produce more MDs who choose primary care and
residency programs in Hawai`i when compared to non-`Imi Ho`ola MDs (72
percent vs 57 percent). \65\
JABSOM is one of only 45 (forty-five) schools across the nation
that have a post-baccalaureate program. Of these schools, only 16
(sixteen) programs consider student groups that are underrepresented in
the health professions as a criterion for enrollment and only 6 (six)
programs grant admissions to an affiliated medical school upon
successful completion. `Imi Ho`ola not only strengthens our ability to
diversify the workforce here in our island state but is an exemplar of
excellence across our nation. In short, `Imi Ho`ola and NHCOE are vital
pathways to address the current physician workforce shortage and can be
used as models to effectively produce a health care workforce that
reflects and understands our diverse communities by supporting Native
Hawaiian and Pacific Islander students in achieving their dreams of
becoming healers for their communities.
The Need for Federal Support for Native Hawaiians to Enter the Health
Sciences
As recognized by the National Science Foundation (NSF), Native
Hawaiians/Pacific Islanders along with American Indians/Alaska Natives,
African Americans, and Hispanics are underrepresented in science,
technology, engineering, mathematics, and medicine (STEMM) fields and
the health sciences. \66\ This is reflected in the dismal number of
Native Hawaiians who apply for federal funding and the number of
projects funded that focus on Native Hawaiians/Pacific Islanders.
According to a recent report, only 0.17 percent (529) of NIH's entire
funding went to Asian American Native Hawaiian, and Pacific Islander-
focused research collectively between 1992 and 2018. \67\ And, only 35
of these research projects were focused on Native Hawaiians and/or
Pacific Islanders. In 2013 and 2018 there were only 18 applicants of
Native Hawaiian and Pacific Islander ancestry in both years, which
represents a 0 percent increase. In 2020, only 25 research grants
awarded went to Native Hawaiian and Pacific Islander investigators
compared to 102 for American Indians/Alaska Natives, 1,052 for African
Americans, 8,858 for Asians, and 28,587 for Whites.
Complicating this issue in Hawaii is the significant disparities in
the number of Native Hawaiian and Pacific Islander faculty at UHM at
all levels--individuals eligible to apply for federal funding--compared
to their racial/ethnic representation in the overall population of
Hawai`i. \68\ The overall population of Hawai`i is about 25 percent
Native Hawaiian/Pacific Islander, 25 percent non-Hispanic White, and 23
percent Asian. Yet, only 8.9 percent of HM faculty are Native Hawaiian/
Pacific Islander compared to 46 percent non- Hispanic White and 29.2
percent Asian. Of tenure-track and tenured faculty, the number drops to
8 percent for Native Hawaiians/Pacific Islanders but increases for non-
Hispanic Whites to 52.2 percent. At JABSOM, only 7.8 percent are Native
Hawaiian/Pacific Islander compared to 32 percent non-Hispanic Whites
and 45.3 percent Asians.
Native Hawaiians and Pacific Islanders face considerable challenges
that prevent or complicate their pursuit of an MD or PhD in scientific
fields and in securing tenure-track faculty positions. \69\ Like most
individuals of minority status, there is high attrition in their
transition from training status into facultylevel research careers.
\70\ Pursuing an academic or research career is often daunting for them
because of racial/ethnic discrimination and biases; isolation and a
lack of network and mentors with similar backgrounds; fewer career
development opportunities; heavy clinical and community obligations;
and a heavy mentoring load of Native Hawaiian/Pacific Islander students
and early career faculty. \71\, \72\ Native Hawaiian physicians often
turn to private practice to pay off their educational loan debt, which
leads them away from an academic career. Recently, COVID pandemic
related financial challenges at UHM have further limited the ability of
JABSOM to provide competitive academic opportunities across all
disciplines, but this most significantly impacts Native Hawaiian/
Pacific Islander professionals seeking an academic health career in the
Pacific. The limited research on IPP faculty echoes the barriers
experienced by other URM.
Although Native Hawaiians and Pacific Islanders are Indigenous to
territories now under US control, they do not receive the same level of
attention and special consideration by federal funding agencies as do
American Indians/Alaska Natives. For example, Native Hawaiians and
Pacific Islanders are excluded from the Native American Research
Centers for Health (NARCH) program funded by NIH and the Indian Health
Services, designed to support biomedical research and career
enhancement opportunities to meet the health needs of American Indian/
Alaska Native communities. The 33 percent increase in R01 applications
from American Indian/Alaska Native principal investigators over the 5
years is no doubt due to NARCH and other similar research
infrastructure programs focused exclusively on American Indians/Alaska
Natives. A similar investment in Native Hawaiians and Pacific Islanders
is urgently needed.
Program and Policy Recommendations
Given the dire need for culturally responsive health promotion
programs for Native Hawaiians, health professionals who can provide
culturally responsive care for Native Hawaiian patients, and
healthrelated researchers to identify and develop promising
intervention programs for Native Hawaiian communities, we offer the
following recommendations for consideration:
1. Native Hawaiians and Pacific Islanders should not be
combined with Asian Americans, or any other racial/ethnic
group, under a single project or program for funding because of
large differences in health status and outcomes, as well as the
social and cultural determinants of health impacting these
different ethnic groups. Combining Native Hawaiians and Pacific
Islanders with Asian populations only directs attention and
resources away from Native Hawaiians and Pacific Islanders
because of their smaller representation in the U.S. compared to
Asians. Native Hawaiians and Pacific Islanders must have their
own programs and line of funding to address their unique
concerns.
2. Native Hawaiian representation and consultation should be
required in the designing, funding, and oversight of all
federally-supported programs aimed at improving Native Hawaiian
health including any special interest groups and committees
tasked with Native Hawaiian health. All too often Native
Hawaiians and Pacific Islanders are lumped with Asians in many
federally-supported programs with very little to no Native
Hawaiian or Pacific Islander representation or input.
3. Culturally responsive, community-based health promotion
programs are needed, which go beyond the current strategy of
simply adapting and implementing interventions deemed as
`evidence-based' from research with mainly the majority
population. What is needed are funding opportunities and
technical assistance to support the dissemination and
implementation of culturally responsive interventions already
identified as effective for Native Hawaiians and to support
innovative health-related research programs exclusively aimed
at improving Native Hawaiian health, as well as for other
Pacific Islanders, similar to those designed for American
Indians/Alaska Natives (e.g., NARCH).
4. We have documented the success of our pathway programs at
JABSOM for Native Hawaiians and Pacific Islanders. However,
resources are limited to meet the needs of our Native Hawaiian
and Pacific Islander learners and to meet our goal of
increasing the number of Native Hawaiians in medicine. Federal
funding is needed to expand and strengthen culturally-
responsive and strengths-based pathway programs for Native
Hawaiian students to enter the health professions (e.g.,
medicine, psychology, nursing, and social work). These pathway
programs need to be implemented starting in high school and
continuing at the undergraduate and post-baccalaureate levels.
5. Given the large inequities in adverse childhood experiences
and behavioral health issues across the board among Native
Hawaiians, an issue exacerbated by the COVID-19 pandemic, a
special emphasis is needed on addressing Native Hawaiian/
Pacific Islander behavioral health disparities, especially
funding to increase behavioral health services and programs in
rural and primary care settings, as well as in educational
settings. Also, more behavioral health providers are needed in
the professions of clinical psychology, psychiatry, and
clinical social work.
6. To support the increase in behavioral health services for
Native Hawaiians as well as increase the number of clinical
psychologists, psychologists need to be included in the
``incident to'' language in Medicare to allow reimbursement for
services provided by graduate trainees under the supervision of
psychologists similar to physicians and medical residents. This
will allow for sustainable training opportunities for clinical
psychologists.
7. As we understand it, the recipients of the Native Hawaiian
Health Scholarship are being unfairly taxed for their
professional school tuition by HRSA, and this is in addition to
being taxed for the monthly stipend they receive for their
living expenses. The additional tax on tuition can be as high
as $10,000 annually for these scholarship recipients. The IRS
tax code exempts the tuition for National Health Service Corps
recipients from taxation. Native Hawaiian students face
economic challenges and these taxes only add to their economic
burdens. Out of financial necessity, it also deters many
physicians and other health professionals (e.g., psychologists,
social workers) from practicing in rural settings and
community-based clinics where salaries are lower than in urban
settings and larger healthcare systems.
Again, mahalo nui for this opportunity to provide testimony
regarding ``Upholding the Federal Trust Responsibility: Funding &
Program Access for Innovation in the Native Hawaiian Community.''
Should you have any questions regarding this testimony please feel free
to contact us.
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The Chairman. Thank you very much, Dr. Lee.
Ms. Farden, please proceed with your testimony.
STATEMENT OF ELENA FARDEN, EXECUTIVE DIRECTOR, NATIVE HAWAIIAN
EDUCATION COUNCIL
Ms. Farden. Thank you, Chairman Schatz, Vice Chair
Murkowski, as well as her staff and members of the Committee,
and all those here visiting our lahui.
My name is Elena Farden. I am a kanaka `oiwi and serve as
the executive director for the Native Hawaiian Education
Council. We are a 501(c)(3) [indiscernible] through the Federal
Native Hawaiian Education Act. On behalf of the 67 current
Native Hawaiian Education Program grantees and our 13-member
Council including staff, I appreciate the opportunity to share
testimony today regarding the statutes and cases that govern
the accounts, funds, and assets that are held in trust by the
United States government for Native Hawaiians.
Our Council [indiscernible] testimony submitted. I would
like to highlight the challenges in Federal policy and intent
as well as program implementation [indiscernible] assessment
and access to [indiscernible]. We seek the Committee's aid to
explore solutions for long-term success in our programs.
For Federal intent and programming implementation we know
that passion provides permanence, but data drives decisions.
With education comes [indiscernible] both. It is our
[indiscernible] experience, however, that at the heart of this
challenge is a misalignment of the Federal intent of the Native
Hawaiian Education Act and its program implementation. In 2021,
due to the great work of the Senate Committee on Indian
Affairs, $85 million was allotted to Native Hawaiian education,
with the intent to bring immediate monetary relief and
resources to programs to address COVID impacts.
We know this as the largest infusion of Federal funds and
the largest award of funds into programs [indiscernible]. To
give you an example, there are 67 current grantees, 44 that are
funded from our [indiscernible]. When you look at the patterns
that were awarded in [indiscernible], 2000, and 2018, or eight
years down, the current grantees make up almost two-thirds of
that.
So we are so excited that so many grant programs were
awarded and doing great work in our community. These funds came
just in time. NHEP [indiscernible] use the funds
[indiscernible] received zero relief aid from the States. Many
of our NHEP grantee programs were [indiscernible] operations
for over a year and a half through the pandemic.
But with relief in sight, the administration of those
relief funds came in the same form and fashion of a regular
grant competition, a minimum of a 50-page application with
mandatory forms, a 35-day turnaround to complete the
application, and the same grant priorities inviting NIA as in
pre-COVID competitions.
This resulted in early learning Hawaiian language medium
instruction programs having to compete against post-secondary
college and career readiness programs for funding. Education as
a whole is a living system and each part of that system is
critical. Discretionary funding in this form causes unstable
funding that impacts a continuum of services for essential
programs.
We also saw an increase in funding to Native Hawaiian
community-based organizations and increased funding for State
programs. Whereas Native Hawaiian community-based organizations
typically make up 47 percent of awarding or [indiscernible] for
[indiscernible] in 2021 our distribution shows NHCBOs down 7
percent, while the State programs increased by almost 12
percent, from 25 up to 37.1.
While both types of grants and organizations provide needed
services, we know that State programs have access to both
Federal and State funding streams, while Native Hawaiian
community-based organizations [indiscernible].
So our ask, as we come to the table we also make sure that
we are bringing a solutions [indiscernible] way to explore. Our
ask to the Committee is to advance community-based resource
equity. The Education Council is committed to all allies in
this effort to explore funding and program access for
innovation in Native Hawaiian education. We seek the
Committee's assistance and leadership to investigate
opportunities of formula funding to be included through a
statutory fix or the next reauthorization of NHEA for Native
Hawaiian community-based programs that have successfully
demonstrated longstanding program outcomes and impact in Native
Hawaiian education, while fund remain available to seed new,
innovative programs through discretionary funding.
For assessment and access to data, the Council's charge is
to coordinate, assess, report, and make recommendations on
Native Hawaiian education. So we function without the agency to
collect such data. For example, our preliminary findings of our
impact assessment and learning study for the 2020 NHEP grantees
show that a majority of programs target Native Hawaiian school
students at 63 percent, and they do so to address priority
fields where Native Hawaiians are underemployed at 78 percent.
This is a vastly different funding pattern than we have
seen from the last NHEP competition in 2017 through 2018. NHEP
awardees from that time targeted early childhood education and
elementary and middle school student achievement. So
understanding why this is happening and its implications can
activate formative processes toward improved support and
essential resources for grantee program success.
Due to limited funding the Council has yet to engage in an
impact assessment and learning study for the 2021 ARPA
grantees, the largest funding received and the largest grantee
[indiscernible].
We are also restricted in data access. Rather than sharing
data, the Department of Education refers the Council to request
grantee data through the Freedom of Information Act. That can
take up to 214 working days, or seven months and may include
fees as part of that data.
So we have resorted to the requesting that individual
grantees provide the data to us. This expands our timeline to
research and evaluation and assessment, while also burdening
the grantees with sharing their data with us.
So how do we evolve this relationship? We know that sharing
[indiscernible] success. Our intent has been clear from the
beginning that NHEC is not here to compete with the Department
of Education because we want everyone to win.
So our ask is assessment and analysis and shared access and
learning to data. The Education Council's continued work to
fulfill our statutory mandate to gather high-quality data and
contribute to evidence-based policymaking for Native Hawaiian
education is an essential activity. We seek the Committee's
assistance to include new language under Administration
Provisions in the next NHEA reauthorization that directs the
U.S. Department of Education to provide a copy of all direct
grant applications and grantee reporting documents to the
Education Council.
To also allocate an additional $1 million to be allotted to
the Education Council for Fiscal Year 2023 in order to conduct
an impact assessment and learning study on the 44 NHEP grantee
programs awarded from the ARPA.
We also ask to establish an Office of Indigenous Language
and Native Hawaiian Education within the U.S. Department of
Education to work with the U.S. Department of Education in
meeting its trust responsibility as stated in the Act, to
support work in aligning Federal reporting requirements for
culturally relevant assessments and program evaluation, and
[indiscernible] efforts with the Council.
Lastly, we ask to include new language in the next NHEA
reauthorization to require training for all senior level and
program staff of the Department of Education specifically the
Rural, Insular and Native Achievement Program, to educate them
on baseline understanding of the U.S. trust responsibility and
the legal and political history of Native Hawaiians with the
Federal Government and the history of the Native Hawaiian
Education Act in order to engage more intentional,
collaborative, and mutual support for Native Hawaiian education
success with the Committee and Council.
In closing, we offer [indiscernible]. We know that
[indiscernible] produces what is needed.
With much aloha and gratitude, our Council appreciates this
opportunity to provide testimony. We stand ready to assist the
Committee in this work, and [indiscernible].
[The prepared statement of Ms. Farden follows:]
Prepared Statement of Elena Farden, Executive Director, Native Hawaiian
Education Council
Chairman Schatz, Vice Chair Murkowski, and members of the
Committee. Aloha kakahiaka kakou.
My name is Elena Farden. I am a kanaka `oiwi and serve as executive
director for the Native Hawaiian Education Council. On behalf of the 67
current Native Hawaiian Education Program grantees (as well as hundreds
more of previously funded grantees) and our 13-member Council including
staff, I appreciate the opportunity to testify today regarding the
statues and cases that govern the accounts, funds, and assets that are
held by the United States government in Trust Responsibility for Native
Hawaiians.
Our Council stands here in today's field hearing to discuss
challenges in Native Hawaiian education and offer areas to explore
together towards long-term success outcomes.
We cannot dismiss the overbearing weight of this discussion without
acknowledging the alarming changes to our everyday lives resulting from
the impacts of the pandemic that continue to reverberate in inadequate
funding, increased administrative processes, and lack of equitable and
meaningful consultation from all stakeholders on program priorities and
needs.
For these reasons, the Council has focused our testimony towards
two specific and connected areas:
1. Accountability and Alignment: Bridging the gap between
federal policy intent and program implementation by advancing
community-based resource equity
2. Assessment, Analysis, and Access & Learning to Data: Shared
Learning is Shared Success
We believe at the heart of this challenge is the incongruence of
federal intent of the Native Hawaiian Education Act and its program
implementation. We understand the constitutional restrictions that
prevent the federal government from directly providing educational
services and instead, federal policies and programs must be
administered through the intergovernmental system. The structure of the
system thus allows multiple options for federal agencies to interpret
for themselves how the program should be applied that can leave room to
exclude ethical, equitable, shared responsibilty or accountability to
community stakeholders. We know that collectively we can rethink a
better structure. Mission defines strategy, and strategy informs
structure.
ACCOUNTABILITY AND ALIGNMENT
''The Education Council shall use funds made available through
a grant under subsection (a) carry out each of the following
activities: (1) Providing advice about the coordination of, and
serving as a clearinghouse for, the educational and related
services and programs available to Native Hawaiians, including
the program assisted under this part. . .(3) Providing
direction and guidance, through the issuance of reports and
recommendations, to appropriate Federal, State, and local
agencies in order to focus and improve the use of resources,
including resources made available under this part relating to
Native Hawaiian education, and serving, where appropriate, in
an advisory capacity.''
--NHEA, Sec. 6204(c) Use of Funds for Coordination Activities
In 2021 due to the great work of the Senate Committee on Indian
Affairs, $85,000,000 of American Rescue Plan Act (ARPA) funds were
secured for Native Hawaiian education (ARPA, Title XI, Sec. 11006). At
a high-level, the intent of ARPA was ``intended to continue combating
COVID-19, bringing immediate monetary relief to households and
providing resources to schools and businesses.'' \1\ The administration
of the largest infusion of government relief funds, and the largest
award made for the Native Hawaiian Education Program, was implemented
in the same form and fashion as a traditional grant competition.
Native Hawaiian education program applicants encountered the same
restrictions on grants, the same bureaucratic application processes,
and the same grant priorities in the notice inviting applications (NIA)
that were identical in pre-COVID competitions. Nothing changed.
Applicants were required to complete 10 mandatory forms of which
totaled--at minimum--49.5 pages: \3\
------------------------------------------------------------------------
Document Type Form Description and Number Est. # of Pages
------------------------------------------------------------------------
Preliminary Application for Federal 3
Documents Assistance Standard Form SF-424
ED Supplemental Information SF- 1.5
424
Budget Documents ED Budget information for non- 5
construction Form 52
Budget narrative attachment form 1
Abstract Project abstract (pdf) 1
Narrative Project Narrative Attachment Form 30
(pdf)
Other Forms Individual resumes of project 10
directors and key personnel
(pdf)
Copy of indirect cost rate 1
agreement
Lobby Disclosure Grants.gov 1
GEPA Statement General Education Provision Act (incl. In
(GEPA) Form 427--Applicants are narrative doc
asked to include in their count)
project narrative description of
the steps they propose to ensure
equitable access to and
participation in its federally-
assisted program
------------------------------------------------------------------------
The May 28, 2021 NIA for the Native Hawaiian Education Program
describes the funding opportunity for exiting grantees and new
applicants to propose projects that ``address current needs in the
Native Hawaiian community in connection with the COVID-19'' while
existing grantees ``may propose either new projects to address newly
identified needs in response to COVID-19'' or build upon current NHE-
funding activities to address pandemic impacts. \2\ However, the
Absolute Priorities identified in the NIA did not prioritize programs
focusing on emergency or immediate COVID-19 impacts.
The administration of the $85M of ARPA funding for Native Hawaiian
education through discretionary, competitive grant process advanced
higher barriers for community-based organizations to receive needed
funds in the pandemic. We understand community-based organizations to
be agile and nimbler in responding to community needs. In challenging
times of COVID-19, we needed these organizations on the ground with a
continuum of services in place.
Instead, the Education Council saw a decrease in ARPA funds to
community-based organizations compared to previous, pre-COVID grant
allocations.
The Education Council's profile analysis of NHEP grantees from 2010
through 2018 show that 47.7 percent of awardees were Native Hawaiian
community-based organizations that received approximately 63 percent of
the total funding. The 2021 ARPA NHEP profile shows a reduction in
awards to Native Hawaiian community-based organizations to 40 percent
and an increase in awards to the State, up to 37.1 percent from 25.2
percent previously. \4\
Programs for post-secondary achievement and programs for early
education in Hawaiian language medium instruction had to compete
against one another for funding. Education as a whole is a living
system. Each part of that system from early childhood education to
college and career readiness are critical. Discretionary funding in
this form causes unstable funding that impact a continuum of services
for essential programs across Native Hawaiian education.
Further, our Native Hawaiian community-based organizations play a
critical role in public service delivery, and in turn, this specific
federal funding for Native Hawaiians plays a key component in meeting
the financial needs of nonprofit service delivery organizations. The
NHEP is the only federal funding specifically designated for Native
Hawaiian early learning, as well as for Native Hawaiian elementary and
secondary education programs. We strongly advocate that NHEP resources
ensure Native Hawaiian programs can educate students in classrooms.
While statute allows for other uses of NHEP funding, programs that
directly touch our students and their families are of utmost
importance, particularly during an emergency. Other educationrelated
activities have alternative federal funding options. The statute
further states that NHEP funding is intended to supplement and expand
Native Hawaiian education. We recognize the capacity of the State of
Hawai`i to expand its Native Hawaiian education offerings and that it
also has access to sources of funding to do so that are unavailable to
the majority of communitybased, NHEP-eligible organizations. For that
reason, for the purpose of expanding Native Hawaiian education, we
believe its most effective to ensure community-based organizations
receive NHEP funds as one of the few funding opportunities available to
them.
OUR ASK: ADVANCING COMMUNITY-BASED RESOURCE EQUITY
The Education Council is committed to all allies in this effort
to explore funding and program access for innovation in Native
Hawaiian education. We seek the Committee's assistance:
To investigate opportunities of formula funding to be included
through a statutory fix or next reauthorization of NHEA for
Native Hawaiian community-based programs that have successfully
demonstrated long-standing program outcomes and impact in
Native Hawaiian education. While funds to remain available to
seed new, innovative programs through discretionary funding.
ASSESSMENT:
''The act will not meet its objectives, nor will it overcome
the troubles of the Hawaiian people by simply throwing money at
the problem. Success will ride on the quantity and quality of
the programs implemented. The impact that these programs have
on their intended beneficiaries will be the ultimate measure of
the legislation's success.''
--Testimony of Myron Thompson on the NHEA hearing, Nov. 14,
1979 to the Subcommittee on Elementary, Secondary, and
Vocational Education and Subcommittee on Postsecondary
Education, and Committee on Education and Labor, U.S. House of
Representatives
The Education Council is charged to coordinate, assess, report, and
make recommendations on the effectiveness of existing educational
programs for Native Hawaiians, and improvements that can be made to
existing programs, policies and procedures to improve the education
attainment of Native Hawaiians.
For example, our preliminary findings of our impact, assessment,
and learning (IAL) study for the NHEP 2020 grantees show a majority of
programs target Native Hawaiian high school students (63.2 percent) to
address the authorized priority of fields where Native Hawaiians are
underemployed (78.9 percent). This is a vastly different funding
pattern than we've seen from the last NHEP competition from 2017--2018.
NHEP awardees from 2017--2018 targeted early childhood education and
elementary and middle school student achievement (73 percent).
Understanding why this is happening and its implications can activate
formative processes towards improved support and essential resources
for grantee program success.
However, the Education Council as an intermediary entity is charged
with urgency through NHEA to meet these statutory mandates of program
assessment, but does so without the agency to obtain such data. For
each NHEP competition, the Education Council petitions the U.S.
Department of Edudcation (ED) to share grantee documents, evaluation,
and grantee data in order for us to engage in IAL and other effective
studies to meet our statutory mandate. ED has directed the Education
Council to make our request through the Freedom of Information Act that
can take between 9 to 214 working days for requests and may include
associated fees depending on the agency. So, the Education Council must
resort to requesting grantee documents from the individual grantees
themselves that necessitate an expanded timeline to our research and
burdens grantees with extra report sharing duties. Data sharing
barriers between ED and the Education Council delays thorough, robust,
and meaningful program assessment.
Meaningful program assessment can be key in times of crisis. During
the pandemic, the Education Council leveraged its research studies,
analysis, and consultation with NHEP grantees to advocate for funds at
the state and federal levels for Native Hawaiian education. The table
below outlines our funding and advocacy request efforts and data sets
we used to calculate the appropriate amount of funds.
------------------------------------------------------------------------
Request to Funding Data Source(s) to
Entity Funding Request Received Inform Request
------------------------------------------------------------------------
State of $10,000,000 of $0 Estimated from Yr.
Hawai`i, Office CARES Act funding 2 and Yr3
of the Governor for Native expected grant
Hawaiian Education funds
(March 2020) dispersement of
the current 2017
and 2018 NHEP
grantees
Hawai`i $1.47B in facility $0 HIDOE Six-year
Congressional replacement, Plan Report and
Delegation renovation, HFCS Facilities
repair, and Needs Survey with
deferred figures used to
maintenance from calculate need
American Jobs Plan for 36 Hawaiian
for Kaiaupuni schools (19 Kula
schools and Kaiaupuni, 17
Hawaiian Focused HFCS).
Charter Schools
(May 2021)
Hawai`i $44,000,000 for $38,900,000 Estimated from
Congressional NHEP FY22 (Feb. funding for
Delegation, 2021) grantee programs
to address
pandemic program
safety
Senate Committee protocols
on Indian
Affairs
Hawai`i $50,000,000 for Awaiting The estimate of
Congressional NHEP FY23 response additional
Delegation, appropriations of $1,000,000 funds
Senate which includes a for NHEC impact,
Committee on request for an assessment, and
Indian Affairs, additional learning study is
Appropriations $1,000,0000 to based on current
Subcmte. Labor, NHEC for program IAL study for the
Health and impact, 2020 NHEP
Human Services, assessment, and grantees or 23
and Education; learning (IAL) programs, while
and WHAANHPI study of NHEP 2021 the 2021 NHEP
grantees. (Feb. grantee estimate
2022) will be double
due to 44
programs.
------------------------------------------------------------------------
The Education Council's research, evaluation, and learning also
produces an annual report of priority recommendations for grant funding
and program support provided to ED each December. Yearly data collected
from our statewide community consultations and grantee program
evaluation conducted by the Education Council inform these priorities.
The aim in sharing these priorities with ED each year is to help align
and inform priority grant funding areas for Native Hawaiian education
from the community level. The Council meets quarterly with ED, however
the dynamics of the relationship is conducted more like grantor and
grantee rather than co-researchers in supporting program success.
Shared Learning is Shared Success
The Council's approach to impact, assessment, and learning is
action-oriented. It enables the Council to better understand the
effectiveness of ED's grantmaking and our statutory mandates (technical
assistance, coordinating activities, and community consultations) in
the context in which the grantees are working, make mid-course
corrections as necessary, and identify opportunities to share our
insights with internal and external audiences. ED's grantmaking to
Native Hawaiian education focuses on the near and medium term program
outcomes through annual performance reports and evaluation reports. IAL
studies, positions the Council to monitor indicators of progress and
outcomes of the program as a whole over the long term. Seeking ways
both the Council and ED can leverage our collaborative strengths will
benefit programs and our communities.
The Council is also constrained by internal challenges when it
comes to research and evaluation. NHEA allocates $500,000 each year to
fund the Council directly and is optimized for all operational and
programmatic expenses. As multiple factors affect the Council's
research and evaluation activities (e.g., increase of grantee programs
funded, changes to grantee Governmental Performance and Results Act or
GPRA measures, and impacts on reporting or program execution due to a
pandemic) our available budget to contract these studies becomes
limited. Our current IAL study for the NHEP 2020 grantees is just under
$500,000 total for FY2021 through FY 2023. This IAL study will follow
the 23 grantee programs for their three year grant period for formative
and summative evaluation of the program as a whole.
Our intent this year was to also start a IAL study for the NHEP
2021 grantees (44 programs) as this is the largest funding the program
has received and the intent of funds are to address COVID-19 pandemic
impacts. It is imperative we understand the impacts of this funding
through each year of the program in order to track development or
adjust for improvement. We also want to maintain a summative evaluation
at the end of the grant cycle to have a clear conclusion on program
efficacy. In order for the Council to engage in this work, we estimate
budget funds would need to be at least double of what we have budgeted
for the NHEP 2020 IAL study.
The Council is already engaged in two major multi-year projects
that account for a substantial part of our budget for 2023 and 2024
that addresses our statutory mandates of developing an online data
clearinghouse of Native Hawaiian education data and the NHEP 2020 IAL
study. Without additional funds, the Council is budget contrained to
fulfill a comprehensive IAL study of the NHEP 2021 grantees.
OUR ASK: ASSESSMENT, ANALYSIS, AND SHARED ACCESS & LEARNING TO
DATA:
The Education Council's continued work to fulfill our statutory
mandate, gather high-quality data, and contribute to evidence-
based policymaking for Native Hawaiian education is an
essential activity. We seek the Committee's assistance:
To include new language under Administrative Provisions in the
next NHEA reauthorization that directs the U.S. Department of
Education to provide a copy of all direct grant applications
and grantee reporting documents to the Education Council.
To allocate an additional $1,000,000 to be allocated to the
Education Council for FY23 in order conduct an impact,
assessment, and learning (IAL) study on 44 NHEP grantee
programs awarded from the 2021 ARPA funds, the largest funding
in NHEP's history.
To establish an Office of Indigenous Language and Native
Hawaiian Education within the U.S. Department of Education to
work with ED in meeting its Trust Responsibility as stated in
the NHEA, and to support work in aligning federal reporting
requirements for culturally relevant assessments and program
evaluation.
To include new language in the next NHEA reauthorization to
require training for all senior-level and program staff of the
ED to educate them on baseline understanding of the US Trust
Responsibility and the legal and political history of Native
Hawaiians with the federal government in order to engage more
intentional, collaborative, and mutual support for Native
Hawaiian education success.
In closing, the constructs of the U.S. Trust Responsibility to
Native Hawaiians is based on assets, funds, and resources held in trust
for Native Hawaiians. At the same time, Native Hawaiians as a community
are capable and have long demonstrated full capacity in determining
their internal affairs and responsibility for their common welfare and
for their future economic and social development. It is time to evolve
our trust relationship to advance trust that reflects our modern times
and developing challenges in order to better adapt and address
immediate and emerging needs of our community. On behalf of the Native
Hawaiian Education Council, we express our aloha and appreciation to
the Chairman and Vice Chaiperson for leading this effort and
responsibility. It is an honor to carry the work of the Education
Council that so many of our community leaders, advocates, and families
stood up for and have paved the way for us to be here. It is an honor
to share testimony with the Committee today.
The Education Council stands ready and in full support to assist
you in advancing this important work for Hawaiian communities.
WORKS CITED
1 Maruyama, L., & Hampe, M. U. (2021, September 15). The American
Rescue Plan Is A Boon To Hawaii's People And Nonprofits. Honolulu Civil
Beat. https://www.civilbeat.org/2021/09/the-american-rescue-plan-is-a-
boon-to-hawaiispeople-and-nonprofits/
2 Office of Elementary and Secondary Education, Department of
Education. (2021, May 28). Applications for New Awards; Native Hawaiian
Education Program. Https://Www.Federalregister.Gov/Documents/2021/05/
28/2021-11497/Applications-for-New-Awards-Native-Hawaiian-Education-
Program.
https://www.federalregister.gov/documents/2021/05/28/2021-
11497/applications-fornew- awards-native-hawaiian-education-
program
3 Rural Insular Native Achievement Program, Native Hawaiian
Education Program. (2021, July 2). Native Hawaiian Education Program
Technical Assistance Webinar [Slides]. OESE.Ed.Gov. https://
oese.ed.gov/files/2021/06/NHEP-Applicant-Webinar-2021.pdf
4 Toms Barker, L., Sanchez, R., & McLelland, C. (2021, March).
NATIVE HAWAIIAN EDUCATION COUNCIL EVALUATION OF THE NATIVE HAWAIIAN
EDUCATION PROGRAM: Portfolio Analysis of the 2010-2018 Grants. IMPAQ
International, Inc. http://www.nhec.org/wp-content/uploads/2021/05/
NHEP-Portfolio-Analysis-AY2010-2018-Submitted-3-18-2021.pdf
The Chairman. Thank you so much to our testifiers. I was
struck toward the end of your testimony, Ms. Farden, that this
is why we have the hearing. This is why are fly our staff out
from Washington, D.C. is to listen. Retired Senator Barbara
Mikulski used to say, ``nothing about me without me.'' I just
love that, and especially as it relates to the way people in
the Federal legislature interact with Native communities.
Nothing about me without me.
So before I get into my questions, I want to let you know
that our staff is taking copious notes and in the spirit of
solutions potluck, we will receive all of your offerings and
try to get back to you. Some of this just at a technical level
is not within the jurisdiction of the Senate Committee on
Indian Affairs. For example, Dr. Lee, the taxable nature of
scholarship revenue is something I have to fix on the Finance
Committee side. So that is a bit more challenging because I am
not the chairman of the Finance Committee.
But we will follow up. We will also let you know, because I
think you deserve this, what we can and can't do. There is no
sense in your looking for revenue that is phantom. There is no
sense in me telling you that I am going to work on something if
I really don't think I can accomplish it. But since you have
given us a pretty big potluck, there is a lot for us to do
together. So thank you very much.
I will start with Ms. Daniels. How is [indiscernible]?
Dr. Daniels. I think like Ms. Farden's comments, I think we
all struggle in finding our place with our Federal partners. I
think that is the generous version of it. I think we have to
come in recognizing where our strengths are and where we are
not quite accustomed to their world that they have to work in.
So we recognize that.
But I think we continue to push the envelope, to ask
questions. If we don't, then we are not being fair to our
community. But I think HRSA has its own challenges in terms of
when they turn over, when there is a new administration. I
think they don't quite know where to fit us as Native Hawaiian
Health, because we are not an FQHC, we are not a rural health
center. Although we have one system that is old.
So we don't fit into the box very well. Oftentimes we are
not maybe given some of the same access as other health
systems, other health sectors. So I think we have really
learned to understand our role and ask our questions.
It could be waivers. Historically, we have had a very
uncomfortable relationship with HRSA. But I think moving
forward, we are recognizing that our work benefits our
community and that is what is our motivation. So really working
with HRSA to understand how we can be better partners, and then
seeing what we can change in terms of administrative language,
what we can change, and figuring out how we can still
accomplish our work.
So I think we put the onus on us instead of putting it on
them.
The Chairman. Fair enough. I would just observe that we can
play a role, too. To the extent that these barriers are really
internal to the civil service, and I come from a family of
civil servants, so I use the word bureaucrat admiringly, there
are a lot of excellent people who work in agencies.
So I don't want to just sort of rail on the bureaucracy.
But when policy is made especially through statutory law, and
it is already authorized, there is not the discretion to treat
you like don't belong, just because they haven't figured out
how the statute reads.
So to the extent that you have to fit in and adapt and be
patient and work with them, that is all fine. To the extent
that they are violating or ignoring the statute, that is when
you should inform us so that we can say, hey, we know this is
different, there is not an FQHC, as it relates to DOI, you know
they are not a tribe.
There are all these conversations where we have to kind of
walk folks through. I do this with my Senate colleagues, to
have to explain. For example, the last mile of broadband is
underwater. Trying to explain that to my colleagues from West
Virginia and New Hampshire is a real challenge.
But I don't doubt that just because I have explained it to
another Senator, that implementation, that you are not still
struggling with difficulties that really should have been
handled 20 years ago. My question is, please ask us where we
can be useful without being too domineering.
Dr. Daniels. I think I think ARPA is a prime example where
it was signed in March, we didn't get it then. We didn't get a
notice of award. In fact, we had to apply for our ARPA dollars
even though they were appropriated to come to us. We all had to
apply. So some of those things were very challenging and
delayed helping our community. So those we have taken and
shared with both your personal office and the Senate Indian
Affairs Committee as well.
The Chairman. I have two more questions for you, Dr.
Daniels. The first is about the way we are using
subcontracting. The second is about tele-health. So in whatever
order you want. How do you use the subcontracting, and then
what is the future of tele-health?
You may know that I have been the primary author of several
pieces of legislation to enable tele-health primarily through
Medicare reimbursement, but also in my capacity on the
Committee for Military Construction [indiscernible]. But
wherever I can, within health services, wherever I can, I find
that being clear, even in the international space, that tele-
health absolutely is the future for equity, for high quality
care, for reducing cost. Certain things can only be done in
person. The universal things that can only be done in person
continues to shrink.
So I am wondering how you are thinking about that.
Dr. Daniels. So let me go back to our partner and using
that. Through the Act, we have the administrative capacity to
subcontract. What we have been able to do is recognize that
unfortunately or fortunately, our committee or our folks
believe that we are tied to our systems. What it is is, we are
the oversight for our systems. Our systems are one subsection
of our act.
So POL actually reaches out to the community-based
organizations and we subcontract with them quite heavily. We
look at our portfolio of about $2 million. A majority of that
goes out through different partners, including ourmakamaka'ole,
which is a small sponsorship to what I tend to call mom and pop
organizations.
It is like the auntie who is running her vegan
[indiscernible] with the kids in the community. They are not
going to be able to write a grant. But you know what, she needs
to have some water, and they need some rakes and gloves. She is
looking for $1,000. So we do those small, we do quite a bit of
those smaller makamaka'oles.
Then we also do larger grants where [indiscernible], they
partner with [indiscernible] fund, they are [phrase in Native
tongue] program. It is a culturally based program. It is not
something one of our systems does, but we can reach deeper into
our community and push our dollars out further, so that it is
an enhancement of the Act, but it also supports a close
relationship with our systems and community partners.
So we have been doing that. I think ARPA is our biggest
flagship that we are watching. Because it wasn't about giving
money to 50 organizations. They had to meet criteria. They were
already doing the work. Not only that, we wanted to see, and we
had a range, they were across [indiscernible], small, large,
but we wanted to see what they looked like in terms of
capacity.
So if we had a smaller organization and they needed help in
building organization, learning how to do crafts, we had
partners who already knew that, that they could work together,
build a cohort. But also we could insert opportunities for
learning for these CBOs.
So it wasn't just about us, it was about these other
partners that maybe people don't say fit into our wheelhouse.
So we also started evaluating our program, because we wanted to
see whether this $20 million would really give us in terms of
celebrating communities, really uplifting CBOs, not just our
systems.
So our ARPA dollars are split into our tier ones, which is
our systems, and our tier twos, which is our CBOs. We are able
to look at the data in terms of what they are collecting, how
they are collecting, all of those things. We are going to do a
roll-up report. This is very new for us. Because we wanted to
demonstrate that we have capacity to take in large numbers,
large monies from the Federal Government.
So ARPA really helped kind of invigorate what Hawaiian
health could look like. Then we were able to secure money from
HRSA. We were able to partner with national partners such as
Morehouse [indiscernible] to get niche dollars. All of those
big dollars were coming to us, not into the State. That is a
change in that direction. We got it because we could
demonstrate that it wasn't just the small, little
[indiscernible] folks, that Hawaiians are larger than just what
our systems see. So, yes.
The Chairman. I will just observe that when I am fighting
for Federal funds, looking at this panel, all three of you, the
challenge when you are advocating for your home State's
priorities is to articulate two things. One is that it fits
into the national Federal box, that part is easy. The second is
to make sure that I can look my colleagues in the eye and say,
they will execute, they will execute responsibly.
Because of your track record, and your growing track
record, I think we are in a position to make the argument to,
whether it is Patty Murray, who is the Chairman of the Health,
Education, Labor and Pensions Committee, or the Chair of the
Appropriations Committee, that they know that my word is my
bond but also that the organizations that we try to fund to
excellent work, and they will not be embarrassed. So thank you
for that.
Just quickly on tele-health. What do you see in the future
for tele-health?
Dr. Daniels. I think it is expanding. I do think we saw
systems not take full advantage early on in the pandemic. But I
think people are playing catch-up. Some of the areas that we
are still trying to navigate is when we look at prescriptions,
being able to use docs that are not in State, because then we
could use locums. So if they are not able to prescribe in
State, what does that look like.
So those are some areas. Another piece is the prescribing
space. Also I think having folks recognize the growth of what
tele-health could be and having the foresight to plan ahead in
terms of equipment, so we are not saying, oh, a couple of years
have gone buy, the equipment is not useful anymore. But really
being thoughtful about how they do that. That is part of one of
our partners, is finding the broadband mapping project, so we
could understand more clearly how broadband affects Ka`u over
in the south point of the Hawaii Island, how it affects up in
Princeville, or [indiscernible] in Hawaii. In these rural
areas, how do we help create success for them?
So yes, I think it has potential. We just have to recognize
some of those little bumps and address them ahead of time.
The Chairman. A couple of closing thoughts on tele-health
before I move on to Dr. Lee. First of all, we have a doctor
[indiscernible] here in the University of Hawaii who has
authored several pieces of legislation around tele-health. So
we have some really good expertise locally. A lot of our
original bills came from organizations based on Oahu. So there
is room to learn from each other.
Then just one final observation is that I worry a bit that
although there is a need for high-speed internet connectivity
for some tele-health, there is not a need for high-speed
connectivity for all tele-health. A lot of the technology is
pretty low-tech, even telephonic communication, store-it-
forward technology.
My favorite example is that because I grew up here, because
I am always checking for moles on my shoulders to see whether
everything is cool or not, I have learned now that Kaiser will
let me take a picture, send it to my PCP, they email it to
Derm, and then everybody saves a ton of money and time.
Those are the kinds of things that I think can precede the
deployment of broadband. Broadband is spreading, and we should
be working on this for health but also economic and cultural
equity reasons. But in the meantime, there is a bunch of tele-
health we could be deploying as we go along.
I want to linger on that disaggregation of the data effect.
Because I struggle with it too. NDNQI is not a phrase that I
even remember having heard before I got appointed to the United
States Senate 10 years ago, because we don't lump everybody
together. Now, I understand the political impetus because there
is strength in numbers. So if you can form a coalition of Asian
American and Pacific Islanders, that is more people, therefore
there is more political clout.
But in the context of the delivery of service, it makes no
sense. I am wondering if you could just articulate exactly why
you feel it is so important to disaggregate data. I remember my
staff coming to me and saying, we need to disaggregate age
data. I confess it took me maybe 18 months to figure out why it
mattered. But now I get it, and I am interested in your
articulating it for the record.
Dr. Lee. Thank you for the question. I do think there is
strength in numbers and collaborations are so important. So
[indiscernible] consortiums it is [indiscernible] Asian
American and others [indiscernible] this is crucial.
When we are looking at data, it is so important to
disaggregate the data. In my professional work, I work on
pathways, so I work on helping medical students and pre-med
students get into medical school. Right now, the American
Association of Medical Colleges has not been disaggregating or
reapplying student data. So we are clumped together with
Pacific Islanders, at times with Native Americans. So you don't
get a clear picture, a clear and accurate representation of
where we really are.
So we are trying to work toward increasing the number of
Native Hawaiian students. We have no idea where we are on that,
we don't have a guide. So it is really important that the data
matters. I know that our panelists have talked about having
capacity to have data.
So I think part of our goal and our research is to get
disaggregated data, to demand it. So the AANC has allowed us to
get disaggregated data on our students. That is the first step.
When it comes to Native Hawaiian health statistics, it is
also very similar. If we don't understand how our people are
being affected by diseases like hypertension, vascular health,
we don't have a clear picture of what is really plaguing the
health of our people.
So it is really important in our community-based health
[indiscernible] programs such as our hula study, we were able
to do comparisons of Native Hawaiians with other ethnicities.
There we got a better picture of the impact of these cultural
dimensions along with modern medicine.
So it is really [indiscernible], I think, of the strengths
of people. We have had a very difficult history, but we have
survived. Now we are in the [indiscernible]. So I think data is
powerful and data is very important.
The Chairman. One more data question. You said 4 and a half
percent or so of medical students are Native Hawaiian?
Dr. Lee. Of the physician workforce [indiscernible].
[Simultaneous conversations.]
The Chairman. In Hawaii, okay. Do you have similar data for
nurses or nurse practitioners, or do we not know that?
Dr. Lee. I believe there is data on nurses as well as
allied health. I could provide that information to you.
[indiscernible] that information.
The Chairman. I assume they are correlated maybe slightly
better on your side.
Dr. Lee. Yes. There is some great work being done at the
University of Hawaii School of Nursing. They have seen a boost
in their Native programs [indiscernible] nurses. We have seen,
it is a small move of the needle, but previously we had a 3
percent prevalence of Native Hawaiians, and now we are up to
4.5 percent. So it is slow-moving, but we are seeing that
increase.
The Chairman. I assume that it is everything, right? It is
educational attainment, it is money, it is pathways, it is
mentorship?
Dr. Lee. Yes.
The Chairman. But if I had to guess, it is money?
Dr. Lee. That is the biggest one. So in our testimony, we
really outlined what keeps Native Hawaiian students
[indiscernible] higher education. It is really, 15 percent of
our Native Hawaiian students under the age of 18 are in extreme
poverty. When you are in a situation where you are just trying
to make ends meet, your parents are working multiple jobs, the
thought of college is so far beyond.
So for us, our hope is to get out to the communities,
supply the families with information and to work on building
financial plans for this family to ensure that the student can
go on to college.
The Chairman. Thank you very much.
Ms. Farden, the Department of Education has, in my view,
failed to recognize the special legal relationship between the
Native Hawaiian community and the United States. Can you just,
without getting yourself in trouble, articulate some of the
difficulties you have experienced with NHEC as a result of this
failure?
Ms. Farden. I think the relationship just seems to have
[indiscernible] the way that we interact with the Department of
Education. We want to be best friends, we are just not sure
where we land. We are also treated in a way that even though
there is a certain amount of lands that are allotted to the
Native Hawaiian Education Council, each appropriation
[indiscernible] the statutory mandates [indiscernible]
technical assistance, for daily activities, and other research
[indiscernible] the Department of Education views the Council
as a grantee rather than a full partner or a full researcher.
The Chairman. I am sorry to interrupt, but what does the
law say on that question? Do they get to view you as a grantee
if you are not? Are you a grantee at the technical level?
Ms. Farden. I am going to say that we are in the system to
get funds that way. But it doesn't say whether we are a grantee
or not. The origins of the Native Hawaiian Board of Education
comes from King [indiscernible], was it 1904 [indiscernible]
for the Native Hawaiian Education Act, it was a movement from
the grassroots themselves.
But where two or three grantees come together
[indiscernible] many of them working in the education spectrum
but not knowing who is working in that same sort of arena, as
was mentioned on the first panel, sometimes just a coordination
that needs to happen.
So the grantees asked for some sort of coordinating entity,
a leader entity that can help us [indiscernible] support for
the grantees themselves. These [indiscernible] before then but
also support the Department of Education.
So we see the department being very well situated to
monitor short-term and medium-term outcomes in the program,
based on that cycle. But we see the Council better positioned
for long-term outcomes, what happens after the grants come,
what are the impacts on the community.
So we see our services and our as very complementary, and
also very much a part of the community. We have skin in the
game, everybody plays. We are hoping that the Department of
Education would also be open to playing with us, too.
The Chairman. Thank you very much. You are all much more
diplomatic than I am.
Let's do this just as a follow-up item for all three of
you. We have a tendency to, and it is a reasonable way to
operate, to openly ask for my intervention if things get in
extremis, and if it gets quite bad for you to get on the phone
or write that, as we say in Washington, a sternly worded
letter. But I think there may be some value in kind of trying
to get in front of some of these questions.
The Biden Administration has a mindset of being more open.
Now, the execution on that often can't just be that the Oval
Office is committed, because individuals burrow into various
agencies that you work with every day. They may not be super-
thrilled to have a Senator intervening on small things.
So you make your judgments about when you want me to be
engaged. But I would just offer that I am willing to be engaged
on the front end and maybe we can avoid some of these
difficulties and clear some of the underbrush. I ran a non-
profit, and I remember by small favors, it is not the big
things that you need. You have these big grants, sometimes you
need to unstick something, or have someone to remind an agency
head or a line analyst that oh, no, the statute permits this,
and this is what the health chair wants, and all the rest of
it.
Allow us to try to get in front of it to the extent that it
is appropriate. I also understand that you need to maintain
your working relationships line to line and not feel like every
time you don't get what you want you are going to come running
to me, because that will create new difficulties for you. So
let's try and figure out how we can get a little bit in front
of this.
The most recent elementary and secondary education
reauthorization changed the composition of the Native Hawaiian
Education Council. How is that working? Is it going well? Tell
me about that.
Ms. Farden. It is progressing. There is always room for
improvement. I think since the last reauthorization in 2015, it
took maybe three or four years to get everyone on board. So of
the 15-member council, we have 11 seats filled, there are some
vacancies. I think what might help in moving forward better is
understanding how we recruit our Council members with the
[indiscernible] that they already have. So research and
innovation on language and cultural education are
[indiscernible] in the research the Council does. It may not be
the [indiscernible] that everyone sitting on the Council has to
do.
The Chairman. I don't understand what that means.
Ms. Farden. Sure. So [indiscernible] played on someone's
passion and [indiscernible] liberty what they [indiscernible]
to already. Oftentimes there is a long onboarding process for
our Council to get up to speed on what the work is, why it is
important, how it impacts. Then to get [indiscernible] the
actual work that we do in the community. Not only
[indiscernible] but the research background, Native Hawaiian
education background or policy background. But as long as we
have someone who is willing to work with us.
In addition to that, I might want to also share that with
the appointees to the Council as each election cycle
[indiscernible] out it is a new opportunity for us to have to
reach back out to these organizations that are State
institutions to name an appointee to the Council. So it is a
continual cycle of onboarding-offboarding.
The Chairman. I am embarrassed, this is probably a terrible
way to end a hearing, to say I don't know something. But I am
embarrassed to say I don't know how the Council members get
appointed. Are they gubernatorial appointments? How does this
work?
Ms. Farden. The Council is named within the law, so it will
identify educational institutions that are named in the law. So
each system, the Governor might name an OHA chair, the KS CEO,
for example, these are all named, as well as all of the county
[indiscernible] offices are being [indiscernible].
The Chairman. I see. So then each Oahu or Maui County
mayor, there is a new mayor, there is a new member. So part of
the process is to make sure you don't get someone who is just
close to the mayor and knows nothing about this, or whatever it
be. They may be close to a mayor, but you want them to provide
oversight and stability and guidance.
I really want to thank you for the work you do. We have had
a bunch of hearings, this is my favorite, not just because I
get to come home. But you do extraordinary work, and you make
us all incredibly proud. So I want to thank all of you. I want
to thank everybody for being here. I want to thank my staff.
The hearing record remains open for a couple of weeks, and
we may submit additional questions for the record. The other
members of the Committee on Indian Affairs may do so as well.
Thank you very much. This hearing is adjourned.
[Whereupon, at approximately 12:25 p.m. HST, the hearing
was adjourned.]
UPHOLDING THE FEDERAL TRUST
RESPONSIBILITY: FUNDING AND PROGRAM ACCESS FOR INNOVATION FOR NATIVE
HAWAIIANS--PART 2
----------
THURSDAY, JUNE 2, 2022
U.S. Senate,
Committee on Indian Affairs,
Hilo, HI.
The Committee met, pursuant to notice, at 10:30 a.m. HST in
the Lumi Pahiahia Auditorium of Hale'olelo, College of Hawaiian
Language, University of Hawaii Hilo, Hon. Brian Schatz,
Chairman of the Committee, presiding. *
---------------------------------------------------------------------------
* Due to poor audio reception; there are several indiscernible text
throughout this hearing.
---------------------------------------------------------------------------
OPENING STATEMENT OF HON. BRIAN SCHATZ,
U.S. SENATOR FROM HAWAII
The Chairman. Good morning, aloha.
This hearing of the Senate Committee on Indian Affairs will
come to order. Aloha, good morning, welcome, everybody.
I really want to thank the University of Hawaii and the
Hilo community for an incredible welcome, a very meaningful
protocol in bringing us into this space. I want to thank you
for your hospitality, I want to thank you for the work that you
are doing. It is extraordinary that we are doing what we are
doing in this beautiful space, which I am embarrassed to admit
I had never been in. Thanks for everybody's hard work in
putting this beautiful room together, including my dear friend,
Dwight Takamine, who I am sure had no small role in putting
this together.
Hilo is a place where rich tradition and cutting-edge
innovation meet. I am interested in learning from the panelists
about how you use those resources to serve the Native Hawaiian
community.
The Federal Government has a trust responsibility to act in
the interests of Native Hawaiians, just like it does with
American Indians and Alaska Natives. That trust responsibility
cannot be fulfilled if the Federal Government is not hearing
directly from community leaders like you.
I always like to say, nothing about me without me. That
rings especially true here. Native Hawaiian voices should
always be part of the broader Federal conversation about how
best to support Native communities. That is why we brought this
community to Hilo, to hear directly from you about the
innovative ways you are advancing Native Hawaiian education,
tradition, and culture, economic development, and the arts. We
want to hear about your successes, your challenges, and your
recommendations for supporting a thriving Native Hawaiian
community.
I will just let you know that normally, my opening remarks
are around five minutes. But consistent with my goal here,
which is to have a little bit more of an informal conversation
and for us to develop essentially an action list for us to work
on together over the next several months and years, I am going
to forego my long statement and just extend a warm welcome and
aloha to our witnesses.
I will introduce our first panel. First, we have Namaka
Rawlins, the Senior Director at Hale Kipa `Oiwi at `Aha Punana
Leo. We have Ms. Kahealani Nae`ole-Wong, Head of School at
Kamehameha Schools, Kea'au Campus. Dr. Keiki Kawai'ae'a, the
Director of the College of Hawaiian Language at the University
of Hawaii at Hilo. And Ms. Amy Kalili, a partner at Pilina
First LLP.
I want to remind our witnesses that we have your full
written testimony. It will be made part of the official record.
I normally say please keep your statement to no more than
five minutes, but take whatever time you want. Ms. Rawlins,
please proceed with your testimony.
STATEMENT OF NAMAKA RAWLINS, ALAKA'I, DIRECTOR, HALE KIPA `OIWI
Ms. Rawlins. [Greeting in Native tongue.] Aloha, Senator
Schatz. Warm greetings to you and to those who have traveled
with you to be with us here in Hilo. My name is Namaka Rawlins.
I was born and raised in the [phrase in Native tongue] Hawaiian
Home Lands and continue to reside in [phrase in Native tongue]
agricultural farm lands.
I have my grandchildren, my moopuna, my grandchildren, my
grandnieces and nephews, are students in the Hawaiian Medium
Education program that we have here in Hilo. I want to first
acknowledge too that it is a privilege to be here, to be with
you, to educate and come up with some or the solutions that we
have been doing here in Hilo, and to be sitting here with this
panel of esteemed colleagues and friends. Even your second
panel that you are going to be listening to, my dear friend
Luana and some of those others that will be testifying. I think
you put together some great community members to be speaking
with you today.
Senator Schatz, I remember when you first visited us soon
after you entered Congress. You were welcomed by our entire
student body at our Kea`au campus, our Punana Leo Hilo, our
infant-toddler and our pre-school language nest, as well as our
K-12 students at Ke Kula `o Nawahiokalani`opu`u, we often call
Nawahi.
We thank you also for sending, shortly after that, sending
staff to come back and follow up with us, and then with the
years, continue to be involved. Again, thank you for inviting
me to this hearing on Upholding the Federal Trust
Responsibility, and to provide these innovations and access to
innovations. I gave you my testimony, so I am going to stick to
my script, so that I don't go off too much.
My first point is that `Olelo Hawai`i, our Hawaiian
language, is the innovation. That is what we have seen over the
last 40 years, is that this is the innovation for our people
and for our families. The legislation that this Committee
passed and that become law, the Native American Languages Act
of 1990, is the historic moment in which the United States
government reversed its practice of discrimination against the
use and promotion of the first peoples of this United States of
America's languages, to include its use in education.
In 1990, we were there to ensure our Hawaiian medium and
immersion Schools which were already operating under the
State's two official languages would be protected in Federal
law. We were joined by other Native Americans and Alaska
Natives in getting this law passed.
E Hawaii lahui, e hoolilo i hana na kakou pakahi, ka imi
ana aku i na hana e hoomau ia aku ai ka kakou olelo lahui,
which translates to, ``Hawaiian people, let each of us take up
ways and searching ways to preserve our national language.''
This comes from an article published 100 years ago on April
10th, 1912, in the Hawaiian newspaper, Hawaii Holumua. There
are hundreds of newspaper articles with similar views that
encourage the readership to preserve the Hawaiian language.
This year, the United Nations begins the International
Decade of Indigenous Languages. The global initiative seeks to
highlight the important contributions of indigenous languages
to the cultural diversity of peoples and knowledge systems tied
to these languages. The Hawaiian medium innovation has a global
reach.
I hope that your Committee on Indian Affairs, which has
been so important to our overall effort to this point, will be
able to help us address the maintenance and development issues
for future generations. The three issues to be addressed are,
one, relative to P-12 Native Hawaiian education as a whole
regardless of the language in which it is delivered lacks
regular Federal funding similar to other Native American
educational programs. Addressing those needs can be seen as
part of the overall Federal trust responsibility to Native
Hawaiians.
Two, specific to Hawaiian language medium education, which
is part of the larger national Native American language schools
and programs is direct regular funding to address the specific
and distinct language medium educational needs. Addressing the
needs can be seen as mitigating the effects of past Federal
policies and practices controlling the education of Native
Americans, including Native Hawaiians, in boarding schools and
day schools.
And three, disseminate information on best practice in
assessing Native American language medium education programs
and its students. The NALA should be followed and guide the
Federal Government in implementing education law. Furthermore,
the Elementary and Secondary Education Act, Title III, Sections
3124 and 3127 do provide legal flexibility but is never used to
support the schools and programs using Native American
languages in education.
I want to mention there is currently a national study of
programs in Native American language medium education being led
by internationally recognized expert in indigenous education,
Dr. Teresa McCarty, of the University of California at Los
Angeles, and including Native American professors Dr. Tiffany
Lee, a Navajo of the University of New Mexico, and Dr. Sheila
Nichols, a Hopi of the University of Alaska. Nawahi is one of
the research sites along with a representative sample of sites
who are part of the National Coalition of Native American
Language Schools and Programs. My understanding is that the
preliminary results are quite positive. We are hopeful that
this well designed and carefully implemented study will provide
data useful to the Senate Committee on Indian Affairs and to
other Federal and State and territorial governments.
[Phrase in Native tongue], mahalo nui loa, [phrase in
Native tongue], thank you again for allowing me to provide
testimony this morning. Mahalo.
[The prepared statement of Ms. Rawlins follows:]
Prepared Statement of Namaka Rawlins, Director, Hale Kipa `Oiwi
Aloha e Chairman Schatz, Vice Chairwoman Murkowski and members of
the Committee on Indian Affairs,
My name is Namaka Rawlins. I am the director at the `Aha Punana Leo
Hale Kipa `Oiwi program.
Senator Schatz, I remember your first visit with us soon after you
entered congress. You were welcomed by the entire student body, staff
and faculty at our demonstration site in Kea`au, Puna. You were able to
get a glimpse of our work in Hawaiian language medium from the pre
kindergarten Punana Leo to grade 12 Ke Kula `o Nawahiokalani`opu`u
(Nawahi). Mahalo nui again for visiting with us, for sending your staff
to follow up within months of your initial visit, for your tireless
work over your years in the U.S. Senate to support our vision and for
holding this hearing in Hilo and for inviting me to provide testimony
on ``Upholding the Federal Trust Responsibility: Funding & Program
Access for Innovation in the Native Hawaiian Community.''
The legislation that this committee passed and become law, the
Native American Languages Act of 1990 (NALA) is the historic moment in
which the United States government reversed its practice of
discrimination against the use and promotion of the first peoples of
this United States of America's languages, to include its use in
education. I believe the following thought provoking quote from the
wonderful first woman Chief of the Cherokee Nation, Wilma Mankiller
sums up my views on the federal trust responsibility as it relates to
education. Wilma Mankiller said ``I don`t think anybody anywhere can
talk about the future of their people or of an organization without
talking about education. Whoever controls the education of our children
controls our future.''
Background History
E Hawaii lahui, e hoolilo i hana na kakou pakahi, ka imi ana aku i
na hana e hoomau ia aku ai ka kakou olelo lahui which translates to
Hawaiian People, let each of us take up searching for ways to preserve
our national language. This comes from an article published 100 years
ago on April 10, 1912 in the Hawaiian newspaper Hawaii Holomua. There
are hundreds of newspaper articles with similar views that encouraged
the readership to preserve the Hawaiian language.
Only three years after the overthrow of the Hawaiian kingdom, the
new imposed government in 1896, enacted a law that officially declared
and only recognized that the English language ``shall be'' the medium
and basis of instruction in all public and private schools. We know
that our language was in serious trouble and by the time the 1912
article was published we know that our kupuna were traumatized and
physically suffered for speaking Hawaiian. This is documented in the
May, 2022 Federal Indian Boarding School Initiative Investigative
Report. https://www.bia.gov/sites/default/files/dup/inline-files/
bsi_investigative_report_may_2022_508.pdf
In 1983, ninety years after the overthrow, dedicated to the
revitalization of the Hawaiian language, the `Aha Punana Leo (`APL), a
501(c)(3) tax exempt organization was established. By this time even
though our state constitution in 1978 declared Hawaiian and English
official languages, the remaining speaker count dwindled and included
less than 50 children below the age of 18, elderly kupuna most being 70
years and older from rural districts and the small population from the
island of Ni`ihau. The ban on Hawaiian was in effect through the
territorial period and continued into statehood. Our Hawaiian language
newspapers discontinued as our native speaking population dwindled. The
`APL's vision is E Ola Ka `Olelo Hawai`i, the Hawaiian language shall
live sought to reverse language loss and to return our language to our
homes. We established Punana Leo or language nests as full day
exclusive use of Hawaiian at the optimal time of child development and
language acquisition. The keiki became fluent speakers within 3-4
months. In 1986 we were successful in removing the barrier and changing
the law to recognize Hawaiian language use in public schools, reversing
the ban established during the Republic of Hawaii. We then took our
Punana Leo model of full use of Hawaiian into public schools starting
at two sites on Hawai`i and O`ahu. Our `APL grassroots movement will be
celebrating its 40th anniversary next year. Our Punana Leo or language
nests are the longest standing indigenous language medium early
learning program in the United States. The `Aha Punana Leo is
recognized nationally and internationally for Native language
revitalization in indigenous education and care. Together with our
consortium partners we deliver a successful model of preschool through
adult Hawaiian language programming. The Hawaiian Language College
partner offers a full array of degrees in Hawaiian language and culture
from the B.A through doctoral program. The college also provides for
designing and accommodating a professional development program for
Punana Leo instructional staff that responds to our curricular and
instructional priorities. The `APL statewide preschool system is a
laboratory program of the college. Ke Kula o Nawahiokalani`opu`u
(Nawahi) is our public charter k-8 and public DOE grades 9-12 partner,
also a laboratory program and teacher training site of the college. The
Nawahi high school component is a program within Hilo High School in
the Hilo-Waiakea Complex Area. Together with our partners we share the
same educational philosophy, Ke Kumu Honua Mauli Ola. Our aligned
preschool curriculum and kindergarten literacy goals ensure school
readiness of Punana Leo preschool graduates. We are committed to
ensuring high literacy rates for all students. In addition, the `APL
administers 13 infant, toddler and preschool programs across the state.
The sites are located on Hawai`i, Maui, Moloka`i, O`ahu and Kaua`i. Our
infant toddler program is temporarily closed due to the pandemic and
need to reshuffle for adequate staff ratio and room to accommodate
licensing guidelines. We look forward to starting the Hi`i Pepe infant/
toddler program again when appropriate.
Amplify Our Voice
The Native Hawaiian community has unique linguistic needs to learn,
perpetuate, and speak `olelo Hawai`i. Our language is a lens through
which our people understand our identity, culture and history that ties
us to our ancestors and carries us forward to future generations. We
recognize access to our language and culture as a basic human right for
our people. Our language is the innovation and strategy for improved
outcomes in academics, social and physical well-being for our keiki.
Since 1978, Hawai`i was the only state with two official languages
until 2014 when Alaska declared all 20 Alaska Native languages as
official. And, in 2019, South Dakota declared its Indigenous Lakota-
Dakota-Nakota language group official.
Punana Leo preschoolers have graduated from public Hawaiian medium
charter and DOE immersion schools, public and private English medium
schools. The data that I share is from the laboratory school partner
Nawahi as students are followed from our infant/toddler program through
grade 12. Nawahi includes two satellite site campuses in Waimea on
Hawai`i and Wai`anae on O`ahu. Those programs, Alo Kehau I Ka `Aina
Mauna and Ma`ilikukahi were initiated by the community as parents
wanted for their Punana Leo keiki to have a continuation of the
Hawaiian medium language pathway. A milestone for us this year, in
2022, includes the first three pepe/babies from the infant/toddler Hi`i
Pepe program. The three are also the hiapo or first born in their
families. Younger siblings attend Nawahi and their families represent
the growing number of families across the state that want support for
the Hawaiian medium pathway.
Native Hawaiian Language Medium Education Success and Challenges
My testimony is focused on preschool to grade 12 Native Hawaiian
language and culture education with a particular focus on Hawaiian
language medium education (HME). I will connect HME to the larger
national movement of Native American language medium education among
American Indians, Alaska Natives, and Native American Pacific
Islanders. My familiarity with Native American language medium
education is based on hosting numerous fellow Native Americans from the
continental US states and territories in their visits to learn about
our work in HME. Through those relationships I was encouraged and was
elected to serve on the Board of the National Indian Education
Association and continue to serve on its adhoc advocacy committee. I
was also called to serve on an international indigenous peoples led
NGO, Pawanka Fund that supports indigenous peoples throughout the seven
United Nation regions of the world to maintain vital cultural
traditions. Specific to Native American language medium education, I am
the Vice President of the National Coalition of Native American
Language Schools and Programs. The Coalition was founded as the result
of a gathering of Native American language medium schools held here in
Hilo in 2014.
Native Hawaiian Language Medium Education has been a huge success--
indeed, I would venture to say that it is the most successful
educational effort for Native American children aged 0 to 18 in the
United States.
Our hope is that your Committee on Indian Affairs, which has been
so important to our overall effort to this point, will be able to help
us address the maintenance and development issues for future
generations. Listed below are challenges to overcome:
1. Relative to P-12 Native Hawaiian education as a whole
regardless of the language in which it is delivered lacks
regular federal funding similar to other Native American
educational programs. Addressing those needs can be seen as
part of the overall federal trust responsibility to Native
Hawaiians.
2. Specific to Hawaiian language medium education, which is
part of a larger national constellation of Native American
language medium education is direct regular funding to address
the specific and distinct language medium educational needs.
Addressing those language specific needs can be seen as joining
with the Native American language medium education
practitioners in mitigating the effects of past federal
policies and practices controlling the education of Native
Americans including Native Hawaiians in boarding schools and
day schools.
3. Disseminate information on best practice in assessing Native
American language medium education programs and its students.
The NALA should be followed and guide the US Department of
Education in implementing education law. Guidance to states and
BIE on their education plans that promote best practices as
provided by law expressed in Section 105 of NALA. Furthermore
discriminatory assessments ignore specific legal terminology in
the Elementary and Secondary Education Act in Sections 3124(3)
and 3127 that provide for assessments through Native American
languages.
The above challenges have had a major impact on the implementation
and spread of Native American language medium education in the U.S. as
a whole and also here in Hawai`i. Fortunately, here in Hilo, we have
been able to make major progress through a combination of perseverance,
strong leadership, and state legislative support for distinctive
structures outside the standard P-12 system. We have been able to
produce the following four highly noteworthy outcomes:
1. Hawaiian language medium education has produced very high
academic outcomes, that is high school graduation and college
going rates, for students who because of their ethnicity,
economic circumstances and language background have been
identified in state data and studies to have very low academic
outcomes.
2. Hawaiian language medium has produced very high social
engagement outcomes, that is high participation in the larger
Hawai`i state community in a wide variety of areas that
positively impact on the overall wellbeing of our state.
3. Hawaiian language medium education has produced a noticeable
level of interaction with the larger global community of
nations as model representatives not only of Hawai`i but of the
United States as a whole.
4. And, Hawaiian language medium--which began as a movement to
revitalize the Native Hawaiian language is succeeding in that
language revitalization goal. It is thus reversing the negative
impact of past ill advised federal policies and practices that
led to near extinction of the Hawaiian language and the many
aspects of Hawaiian culture that depend on the language for
their full survival.
Similar outcomes are being realized in other programs in Hawai`i
and in Native America, especially when following the Indigenous
language and culture-based education model.
OUTCOME #1 ACADEMIC EXCELLENCE
The first of the four outcomes that distinguish the Hawaiian
language medium program at Nawahi is academic excellence. That academic
excellence is reflected in the major goals sought by the federal
Elementary and Secondary Education Act--high school graduation and
preparation to enter college or the workforce.
Since the first graduating class in 1999, Nawahi has recorded a 100
percent high school graduation rate and consistently exceeded the
college going rate of the state public schools average for all ethnic
groups. These accomplishments have been for students who come largely
from Native Hawaiian ethnicity, lower socioeconomic backgrounds, and
from homes and an educational environment that leads them to be
characterized by the federal government as educationally at risk
``English Learners''. For instance, in 2020, the rate of college
entrance for Native Hawaiians statewide was 35 percent according to the
Hawai`i Data Exchange. Nawahi graduates college entrance was 69 percent
in 2020. Since the first graduating class, Nawahi graduates have
college entrance rates between 70%--80 percent. In 2020, the state
graduation rate was 86 percent the highest ever recorded in the state.
Nawahi graduation rate has consistently been 100 percent.
By high school, Nawahi students have developed strong study habits
and the ``lawena'' or Native Hawaiian values-aligned behavior that
enhances their ability to perform academically in the school's college
preparatory high school curriculum.
The Nawahiokalani`opu`u college preparatory program is inclusive of
students with individualized educational plans. It provides an
opportunity for early college that is accessed by the majority of its
high school students. A majority of Nawahiokalani`opu`u students
graduate with over 24 college credits as well as an undergraduate
certificate in Multidisciplinary Hawaiian Studies. Their college
coursework provides a means for them to fulfill such common general
education requirements as World History and Statistics. Those credits
provide the means for eliminating a year off the standard four years
for graduating with a baccalaureate degree in Hawai`i and out-of-state
universities. Besides our own University of Hawai`i system, among the
universities that have enrolled Nawahiokalani`opu`u students are
Stanford, Northern Arizona University, Dartmouth and Loyola Marymount.
OUTCOME #2 POSITIVE SOCIAL ENGAGEMENT WITH THE LARGER COMMUNITY
The second outcome--high social engagement in contemporary Hawai`i
and the United States. The Native Hawaiian cultural perspective that
permeates schooling at Nawahi encourages students to learn outside the
school first from family members and then from the broader community
and world. That philosophy and the social interaction that it promotes
has resulted in strong integration with the rest of Hawai`i and the
world, in spite of limited financial means.
Here are a few examples. Nawahi graduates work in medicine, the
media, private business, conservation, government service, technology
and various levels of education. While in high school they participate
with Hilo High School's English medium students in extracurricular
activities. They are especially well represented in athletics and have
represented Hilo High School as team captains and Big Island
Educational Federation players of the year in a number of sports.
On a national level a Nawahi graduate has won three Grammy Awards
in the Regional Roots category. Two Nawahi elementary students have won
national titles in pageants. One for Little Miss Tourism and the other
for Miss America Elementary Sixth Grade.
OUTCOME #3 INTERACTION WITH THE GLOBAL COMMUNITY
Our model of multilingual multidialectal Hawaiian language medium
education at Nawahi produces proficiency in Hawaiian Standard English
and Hawai`i Creole English, but it also teaches foreign languages and
cultures to direct student attention to the larger world of which we
are a part. Not only is the contemporary world shrinking and becoming
more connected. Contemporary Hawai`i and the families of the Native
Hawaiian children enrolled are the product of generations of
extraordinary interaction by Native Hawaiians for generations.
Before students are taught their first course in Standard English
in grade 5, we begin teaching what we call ``heritage languages'' that
connect Nawahi students to their non-Native Hawaiian ancestors and
neighbors. Oral and written Japanese is taught from grades 1 through 6.
One of our Nawahi graduates spent three months of her junior year in a
high school on a small island in Japan where there was only one
proficient speaker of English. She is now in her junior year at
Dartmouth. We hope to be able to afford to send more students to attend
schools in Japan and elsewhere in the world.
Until we lost our Chinese teacher as a result of turmoil in Hong
Kong, in middle school all children were studying Chinese as a heritage
language building from the Japanese program in the lower grades. The
focus of our school on Japanese and Chinese is because those two ethnic
groups are the major plantation immigrant populations that have
contributed to the Native Hawaiian community.
We have also experimented successfully in honoring the Portuguese,
Puerto Rican and Hispanicized Filipino heritages of students and the
broader Hawai`i community through teaching Latin in grades 1 through
four. We have also found Latin to be an especially useful bridge to
English and understanding the larger Western European heritage of
Hawai`i. In all our heritage language programs, and as with all course
work at Nawahi the classroom language is Hawaiian with the other
language used for specific written products and oral recitation.
Any Hawaiian speaking child already has had considerable experience
with those who speak languages other than Hawaiian by the time they
enter kindergarten. Certainly they have heard Hawai`i Creole English
and Standard English and have seen written English, if they are not
already fairly proficient orally in those languages. Hawaiian speaking
students are therefore open to languages. Furthermore the Hawaiian
cultural perspective used at Nawahiokalani`opu`u emphasizes honoring
ancestors--one's own ancestors and those of others.
Research into multilingual children shows that if you speak two
languages, it is easier to learn a third and a fourth. This is
certainly the case for Nawahi students. Among graduates of Nawahi is a
student who went on to graduate from college in three years with a B.A.
in French and Spanish and then continued on to graduate school in
education. Another graduate worked for a magazine in Italy. Graduates
have also participated in the Peace Corp where they have been
recognized for their ability to learn what are considered difficult
exotic languages such as Kazakh and Malagasy.
OUTCOME #4 HAWAIIAN LANGUAGE REVITALIZATION SUCCESS
Finally, Native Hawaiian language revitalization, the initial
motivation for this movement. I'd like to share some news highly
important for the continuity of distinct Native peoples. Four decades
ago when our work began there were no children speakers or whose first
language was Hawaiian on this island. Today, according to the U,S.
Census Bureau, Hawaiian is the largest non-English language spoken
among children in homes on this island. It can also be heard
increasingly on the streets and in stores as parents use the language
with children in public places. Hawaiian is again becoming the normal
first language of an important portion of the Native Hawaiian
population.
Most of today's parents who are raising their children as Hawaiian
speakers in the home are second language speakers of Hawaiian who
mastered Hawaiian to a high level of proficiency through intensive
college courses or through being educated in a Hawaiian medium school
themselves.
Today's Hawaiian speaking parents face a huge challenge in
maintaining Hawaiian among their children. As happened among the last
remnants of ``home'' Hawaiian speaking children in the 1930s and early
1940s, today's children raised as Hawaiian speakers tend to refuse to
speak Hawaiian to their parents if they leave HME and become enrolled
in an English medium school. There is the desire to be like the other
monolingual English children and to fit in.
Hawaiian language medium schooling provides a place where all
children speak Hawaiian. It therefore serves a protective function for
families that are trying to maintain Hawaiian in the home. Hawaiian
language medium education also provides a pathway for other parents to
give their children the gift of the Hawaiian language, a gift lost in
earlier generations of their families through the actions of the
government. Those children can bring Hawaiian back into the home and
help parents learn the language as well.
I want to emphasize that in normalizing Hawaiian, our movement is
not abandoning Standard English. Furthermore we are not abandoning
Pidgin, that is Hawai`i Creole English, an important lingua franca of
interethnic interaction that draws together all segments of our highly
diverse state.
We assure through our course work and overall program that products
of Hawaiian language medium education have proficiency in Hawaiian,
Standard English and Hawai`i Creole English. Ours is a multilingual and
multidialectal model of education that is based in primary identity
with Native Hawaiian culture as expressed in the Native Hawaiian
language. Students graduate from high school with the ability to use
the Hawaiian, Standard English and Hawai`i Creole languages in any
aspect of life in contemporary Hawai`i. Reflecting, however, our base
in Hawaiian, all class discussions, all school operations and all
school administration in our demonstration laboratory P-12 site
Nawahiokalani`opu`u is through the endangered Hawaiian language.
In teaching standard English at Nawahi, we follow a European model
that assumes increased access to actual use of Standard English through
globalized use of English in the media, Internet, travel, and business.
We begin our eight year program of Standard English study in grade 5.
By middle school students are using English medium on-line and printed
resources to write papers and prepare their oral presentations in both
Hawaiian and English. This process continues through high school. We
find that insisting on a base identity in Hawaiian and an approach to
English as a tool to interact with the larger world actually improves
student attitudes toward mastering Standard English. Those attitudes
are a key factor in our success in teaching students Standard English.
Indeed, our English courses focus on English literature and culture as
used outside Hawai`i in the rest of the United States. Hawaiian
literature and cultural material is taught through Hawaiian, especially
in our P-12 Hawaiian language arts stream.
Nawahi also provides students the opportunity to formally study the
structure and vocabulary of Hawai`i Creole English. This is done in
high school through dual enrollment in linguistics-based college
courses at the Hawaiian language college. Those courses were developed
with federal funding and include a two semester contrastive study of
the features of Hawaiian relative to those of Standard English and
Hawai`i Creole English. These courses draw student attention to
features of Hawaiian are found in Hawai`i Creole English and how
Hawai`i Creole English has served to preserve Hawaiian cultural
elements during the many generations under which Hawaiian itself had
been suppressed.
This contrastive study of the three languages helps students
strengthen their Standard English and their Hawaiian and it raises
their pride in the Hawaiian derived features of Pidgin that has brought
Hawai`i's multiethnic peoples together as one community. The
demonstrated use by Nawahiokalani`opu`u teachers of Hawaiian, Standard
English and Pidgin with different adults visiting the campus as well as
off campus models the linguistic future sought by our movement.
Our multilingual and multidialectal Hawaiian language medium
education model aligns to those of small distinctive European and East
Asian communities with high performing multilingual populations:
Examples are Finland, Singapore and the Frisian area of the
Netherlands.
NATIVE AMERICAN LANGUAGE MEDIUM EDUCATION RELATIVE TO DUAL LANGUAGE
IMMERSION EDUCATION.
The ability to interact well with other cultures is touted as a
benefit of ``dual language immersion'' and ``foreign language immersion
education''. I want to point out the difference between the terms
``dual language education/immersion'' and ``Native American language
medium education'', before continuing to other positive outcomes of
``Native American language medium education''.
``Dual language/immersion education'' as becoming increasingly
common in the United States has many similarities to ``Native American
language medium education'', however, there are important differences.
The most obvious similarity is the use of a non-English language to
teach academic content. There are also similarities in the effect of
such education on the brain. Proficiency in two languages has a
positive effect on the brain. It also produces positive attitudes
toward linguistic and cultural diversity.
The differences are not insignificant, however. First of all the
key purpose of Native American language medium education is to
revitalize an endangered language. That goal is focused on a benefit to
an entire people whose distinctive political identity is tied to that
Native American language. Mainstream American Dual language/immersion
education is focused on foreign and immigrant languages. The goal is
primarily to benefit individual students rather than serve as a means
to maintain a nationally identified political group. Foreign languages
have homelands where they hold distinct political status outside the
United States. Those foreign countries are responsible for the survival
and growth of the non-English languages used in those programs. Native
American language survival is the responsibility of the United States
working together with Native American peoples.
Because of the difference in goals relative to the survival of the
non-English languages, Native American language medium programs use
much more of the non-English language than dual language/immersion
programs. By federal law, Native American language medium education
must be conducted in the Native American language over 50 percent of
the time. Many dual language programs begin at half the day in English,
rather than the target non-English language, and typically all use the
non-English language considerably less than half the day by middle
school. Nawahiokalani`opu`u is 100 percent taught through Hawaiian.
Even English and Japanese are taught through Hawaiian, although
students recite and write assignments through English and Japanese.
Research into dual language/immersion has shown that a higher level
of use of the non-English language results in high proficiency in the
non-English language without negatively impacting ultimately high
English proficiency. Indeed, the higher the proficiency in the non-
English language, the greater the overall cognitive and other benefits.
THE BROADER PICTURE OF NATIVE HAWAIIAN EDUCATION BEYOND OUR
DEMONSTRATION SITE AT NAWAHIOKALANI`OPU`U
While Nawahiokalani`opu`u and the Punana Leo preschool located on
its campus serve as our demonstration laboratory school site, it is
important to provide a picture of the larger Native Hawaiian Culture
Based Education Movement statewide and the larger Native American
Language Medium Education movement nationally. Both face lack of access
to regular federal support of the sort available to mainstream American
Indian education.
Statewide in Hawai`i there are nearly 4,000 students enrolled in
Hawaiian medium/immersion students in standard DOE sites (including the
Nawahiokalani`opu`u program of Hilo High School). These schools and
programs are distributed over 27 campuses. https://
www.hawaiipublicschools.org/TeachingAndLearning/StudentLearning/
HawaiianEducation/Pages/Hawaiian-language-immersion-schools.aspx
A significant portion of Hawaiian medium/immersion students are
enrolled in six charter school campuses. Indeed for several communities
outside Honolulu and Maui Island the only available access to Hawaiian
language medium education in its entirety or at certain grade levels is
through charters. In s/y 2020-2021 Hawaiian language medium/immersion
enrollment in charters was approximately 1,200 students.
English medium Hawaiian culture based education is most developed
in what we refer to as Hawaiian Focused charter schools. Because the
state constitution requires that publicly funded education teach
Hawaiian language, culture and history, but with no definition of
exactly what that entails it is difficult to determine an English
medium Hawaian culture-based school. For the purposes of this hearing,
I will define as English medium Hawaiian culture-based charters as
those identified by the Office of Hawaiian Affairs. In s/y 2020-2021
the total enrollment in the 12 OHA identified English medium Hawaiian
focused culture-based charters was approximately 3,425 students. One
charter school on Moloka`i has two language pathways and enrolled a
total of 309 students in s/y 2020-2021.
NATIVE AMERICAN LANGUAGE MEDIUM EDUCATION THROUGHOUT THE UNITED
STATES
In my capacity as Vice President of the the National Coalition of
Native American Language Schools and Programs (NCNALSP) I serve schools
and programs similar to that of the Punana Leo and Nawahiokalani`opu`u
taught through languages identified as Native American language in the
Native American Languages Act of 1990. The NCNALSP has identified
programs in 17 states (Massachusetts, New York, North Carolina,
Wisconsin, Minnesota, South Dakota, North Dakota, Oklahoma, Wyoming,
Montana, Colorado, New Mexico, Arizona, Idaho, Oregon, Alaska, Hawai`i.
and one US Pacific territory (Guam) that are stable providers of Native
American language medium/immersion education. Such stability means
providing over 50 percent of the day through a Native American language
in at least the lower grades of the program. Other programs are in the
process of developing but have not had more than a year or two of
stable existence.
Many programs begin at the language nest or preschool level and
some are still at that level. Others have begun at the elementary level
or moved into it. A few have reached middle school. Currently none
other than programs in Hawai`i are being operated at the high school
level. The NCNALSP estimates that there are some 6,000 children
enrolled with the majority being in programs in Hawai`i.
The number of different languages involved, including both
established and establishing programs is currently between 20 and 25.
It is not uncommon for different programs to use different dialects of
what linguists consider a single language. This is due to related
peoples having separate sovereignty in different political units. The
difference in dialects is reflected in differences in vocabulary,
pronunciation and spelling systems. This is part of the reason why
assessments need to be aligned with the curriculum of individual
schools following ESEA section 3127 and ESEA section 3124(3).
There is currently a national study of programs in Native American
language medium education being led by internationally recognized
expert in Indigenous education, Dr. Teresa McCarty of the University of
California at Los Angeles and including Native American professors Dr.
Tiffany Lee (Navajo) of the University of New Mexico and Dr. Sheila
Nichols (Hopi) of the University of Arizona. Nawahiokalani`opu`u is one
of the research sites along with a representative sample of sites who
are part of the NCNALSP. My understanding is that the preliminary
results are quite positive. We are hopeful that this well designed and
carefully implemented study will provide data useful to the Senate
Committee Indian Affairs and to other federal, state, territorial and
tribal government entities.
Federal Trust Responsibility
Public law 103-105 signed by President Clinton in 1993 acknowledges
the United States involvement in the illegal overthrow of the sovereign
Hawaiian nation under rule of Queen Lili`uokalani. https://
www.govinfo.gov/content/pkg/STATUTE-107/pdf/STATUTE-107-Pg1510.pdf
Public law 103-105 was signed 100 years after the 1893 overthrow
and apologizes to Hawaiian people. The first act of Congress on behalf
of the Hawaiian people after the insurrection in 1920 was the Hawaiian
Homes Commission Act. The legislation championed by Prince Kuhio
Kalaniana`ole set aside 200,000 acres of the 1.8 million acres ceded to
the United States for the rehabilitation of native Hawaiians. Public
law 103-105 lays a foundational understanding of federal trust
responsibility and subsequent federal legislation and programs enacted
specifically benefitting Native Hawaiians besides the Hawaiian Homes
Commission Act include the Native Hawaiian Education Act, the Native
Hawaiian Health Care Improvement Act, and Title VIII of the Native
American Housing and Self Determination Act. In addition, Native
Hawaiians share status with American Indians and Alaska Natives in a
myriad of federal statutes: the Native American Grave Protection and
Repatriation Act, the American Indian Religious Freedom Act, the
National Museum of the American Indian and the Native American Veterans
Memorial Act, to name a few.
The Native American Languages Act specifically addresses the first
languages of America. The Hawaiian language is a Native American
language. The preservation and revitalization of the first languages
spoken in the lands that comprise the United States of America is a
federal trust responsibility. These indigenous languages are a part of
our national heritage, national identity and global citizenship. We
must work together to ensure that Native American languages remain
living languages into the future.
Mahalo nui loa for hearing my testimony.
addendum
INTRODUCTION TO HAWAIIAN LANGUAGE INNOVATION SYSTEM IN HAWAI`I
`Aha Punana Leo, Inc. or translated as a ``language nest
organization''; the state of Hawai`i Hawaiian language college located
at the University of Hawai`i at Hilo and Ke Kula `o Nawahiokalani`opu`u
(Nawahi) public k-8 charter school and 9-12 DOE school. Together, these
entities represent the Hawaiian language medium education from a
preschool through doctorate or P-20 model in the state of Hawai`i.
Significant milestones in our state include over 40 years as an
official language status and nearly 40 years since the establishment of
the `Aha Punana Leo. The P-20 model is the most developed education
program in a Native American language and offers in the state of
Hawai`i a Hawaiian language medium pathway, with special strengths in
early childhood program delivery, secondary programming, teacher
training and certification, assessments in our native language, and
graduate education offered all through the Hawaiian language.
`Aha Punana Leo (`APL) administers 13 statewide early childhood
education center based language nests for preschoolers as well as 2
infant and toddler language nest centers with babies as young as 9
months. The 2 infant and toddler language nest programs are suspended
during covid. There are over 325 children and their families annually
in our language nests program. The University of Hawai`i at Hilo's
Hawaiian Language College provides B.A. M.A. & Doctoral degrees, an
indigenous teacher education certification, a laboratory school program
including the k-12 Nawahi, the state's Hawaiian language curriculum and
testing center, Hale Kuamo`o and Mokuola Honua: Center for Indigenous
Language Excellence a joint `APL and language college initiative. The
P-20 continuum is a promising model of Native American language
revitalization, reversing language loss while exceeding the nation's
Native student high school graduation rate and college admission rate.
EFFORTS FOR CONTINUUM IN EDUCATION
The children from the Punana Leo were in high school in 1996. With
the support of the Office of Hawaiian Affairs, `APL purchased a former
private school and moved to the campus 11 miles from Hilo, in Kea`au,
in the district of Puna in 1995. In 1997, the state legislature passed
the law that established the Hawaiian language college at the
University of Hawai`i at Hilo. This college designation also
established a teacher training and certification program and a
laboratory school program of the college. Ke Kula `o
Nawahiokalani`opu`u (Nawahi) was also named in the law to serve as a
laboratory school and teacher training center. The law allowed for
other sites to become laboratory sites as well. We were already
training teachers at Nawahi so this designation was appropriate. Two
years later in 1999 we graduated the first cohort of high school
students to have been educated entirely through the Hawaiian language.
Nawahi is the demonstration site of innovation and best practices
in Hawaiian medium education. Since 1999, we have had a 100 percent
graduation rate and an average of 80 percent college attendance rate.
Our graduates are part of the program within the DOE high school 11
miles away. Nawahi graduates have received distinguished awards and
served as valedictorians, state athletic champions and have been dual
enrolled at the university of Hawai`i's campuses at the community
college, arts and sciences and Hawaiian language college.
In 2017, the Board of Education passed its Seal of Biliteracy
policy. The awards are given upon graduation to students who
demonstrate a high proficiency in both of the state's two official
languages (English and Hawaiian) or either of the state's two official
languages and at least one additional language, including American Sign
Language. In its inaugural year, only 36 seals were awarded statewide.
Nawahi students received 12 of those awards. Nawahi students are multi-
language learners. We have been teaching the Japanese language since
1994. We introduced Latin at the middle grades and recently
experimented with teaching Latin in grades 1--4. Our students have
attended and graduated from prestigious colleges from Stanford, Loyola
Marymount and our own University of Hawai`i and one is a professor of
English at Oxford.
NAWAHIOKALANI`OPU`U CLASS OF 2022 ACCOMPLISHMENTS (chart retained
in the Committee files.)
EXPLANATORY NOTES:
1. The Native Hawaiian students at Nawahiokalani`opu`u are part of
the single largest racial/ethnic group in state HIDOE public and
charter schools, where they represent some 26 percent of all students.
Nawahiokalani`opu`u has no racial/ethnic criteria for enrollment,
however, non-Native Hawaiian students typically make up no more than 5
percent of the Nawahiokalani`opu`u enrollment. Most non-Native Hawaiian
students at Nawahiokalani`opu`u are, like the Native Hawaiian students,
multiracial. Within public and charter schools as a whole Native
Hawaiians are a racial/ethnic group with a significant achievement gap.
2. Nawahiokalani`opu`u operates as a Hawaiian language medium
school (HRS 304H 1-7) designed for students entering school as Hawaiian
speakers. Under ESEA such students are classified as EL if Hawaiian is
their first language, the language most used in their home, or the
language most used by the student. However, the state of Hawai`i does
not officially record Nawahiokalani`opu`u students as EL with EL
services unless they transfer to a state English medium school.
3. Nawahiokalani`opu`u is by law a laboratory school of the
Hawaiian language college (HRS 304A 1301-1302). The enrollment at
Nawahiokalani`opu`u as a whole is 535 (P-12). The Nawahiokalani`opu`u
elementary and middle school programs are operated as a charter school
and explore ways to better adapt charter schooling to Hawaiian language
medium education. The Nawahiokalani`opu`u high school program operates
as an off-campus Hawaiian language medium program of Hilo High School
and explores ways to better adapt standard public schooling to Hawaiian
language medium education. Funding for its students goes to Hilo High
School. At the preschool level, Nawahiokalani`opu`u operates a program
that bridges a state charter operated program and the Native Hawaiian
non-profit `Aha Punana Leo operated infanttoddler program and language
nest preschool exploring ways that such cooperation can benefit
students in the state. Nawahiokalani`opu`u also serves as a training
site for student teachers from the College's Hawaiian language medium
teacher education program.
4. The Nawahiokalani`opu`u senior class of 30 is part of the larger
Hilo High School class of 263.
5. The Nawahiokalani`opu`u high school program is located on a
distinct campus in the Puna District thirty minutes from the Hilo High
School campus. Nawahiokalani`opu`u students participate with other Hilo
High School students in athletics and extracurricular events (e.g.,
prom, commencement).
6. Nawahiokalani`opu`u has consistently outperformed the state
average in high school graduation since its first graduation in 1999.
That was the first class graduating from a Hawaiian language medium
school in over a century. The state of Hawai`i high school graduation
rate as an average for students of all races has been 83%-86 percent,
for Native Hawaiian students at around 79 percent.
7. Nawahiokalani`opu`u has a long history of outperforming the
state average in direct enrollment in college. The college going rate
directly from high school for Hawai`i public schools as an average of
all races is approximately 50%-55 percent, with the rate for Native
Hawaiian students at 35%-44 percent. Nawahiokalani`opu`u's students
have been able to enroll in out-of-state universities as well as the
state Hawaiian language college and other state tertiary institutions.
Among out-of-state universities from which Nawahiokalani`opu`u students
have graduated are Loyola Marymount, Northern Arizona and Stanford.
8. Students who demonstrate readiness for Nawahiokalani`opu`u's
early college program are enrolled in Hawaiian language medium courses
that allow completion of one of two certificates offered by the
University of Hawai`i at Hilo, either a) the Hawaiian Culture
Certificate (19 credits no less than 10 at the 300 level or higher) or
b) the Multidisciplinary Hawaiian Studies Certificate (26 credits with
no less than 10 at the 300 level or higher).
9. Among the sports in which these Nawahiokalani`opu`u seniors have
participated are football, girls and boys soccer, boys basketball,
girls and boys volleyball, girls softball, track and field, riflery,
Hawaiian outrigger canoe paddling, boys wrestling.
10. Hawai`i's requirements for the Seal of Biliteracy include a 3.0
overall high school grade point average, a 3.0 grade point average in
Language Arts classes in an official state language (English or
Hawaiian) and passing a national on-line assessment of another language
at the equivalent of ACTFL Intermediate Mid. All Nawahiokalani`opu`u
students who have met the grade point requirements for the Seal and who
have chosen to take the on-line assessments for the Seal have passed
the assessment. Nawahiokalani`opu`u students use a 3.0 grade point
average in Hawaiian language arts as their base and take an on-line
assessment in another language (typically English) for the seal. Since
the initiation of the Seal in 2017, Nawahiokalani`opu`u students have
comprised a considerable percentage of awardees statewide.
11. Hawai`i requirements for an honors certificate include a 3.0
overall grade point average, no less than two credits at the AP or
college level and completion of one or more distinct courses of study
as described at https://www.hawaiipublicschools.org/
TeachingAndLearning/StudentLearning/GraduationRequirements/Pages/
Requirements.aspx.
12. Hawai`i requirements for the valedictorian designation are an
overall 4.0 grade point average and meeting the requirements for an
honors certificate.
HEALTHY FAMILIES; HEALTHY COMMUNITIES
In 2016 a new research linking positive health outcomes in Native
American communities to native language revitalization holds promise
and best practices for improving the mental and physical health of
those who participate in these programs. There is data that shows a
return to native spirituality that improves treatment results for
substance abuse and addiction. The native language holds the key to the
practices related to spirituality and identity. Daryl Baldwin, director
of the Myaamia Center at Miami University and co-author in the research
states that ``Language transmission is a particularly effective means
of reinforcing culture and identity within a community.'' He further
states that ``language is also an efficient means of reinforcing
membership or inclusion in a community.'' (``Healing through language:
Positive physical health effects of indigenous language use'' (F1000
Research 2016))
We have seen the ownership of programming as a positive outcome for
our children and families. These are ``our'' schools. Pride, self
esteem, self worth, self identity and identity to a community are
reflected in the decision to be a part of a community movement to
revitalize a language.
The Native American Languages Act of 1990 provides the framework to
ensure and support the survival of Native American languages. Language
survival comes from the use of the language or the will of the people.
The congress can assist by allowing statutory flexibility to align and
support best practice. We do not want to disadvantage our Native
American language medium programs by creating barriers including
measures of success similar to the very same measures for programs that
continue to fail our children. The numerous research and studies on
behavioral science lists several factors in promoting positive social
behavior, academic success, emotional well-being, physical health and
positive relationships for positive youth development. Native American
language use is a best practice in promoting all of these factors for
our children and even our families. Our own languages describe our
world and our relationship to all our surroundings. It is our own
language that provides for a healthy mind, a healthy spirit and a
healthy body.
The Chairman. Thank you very much.
Ms. Nae`ole-Wong, please proceed with your testimony.
STATEMENT OF KAHEALANI NAE`OLE-WONG, HEAD OF SCHOOL, KAMEHAMEHA
SCHOOLS
Ms. Nae`ole-Wong. Aloha nui, Chairman Schatz, Vice
Chairwoman Murkowski, and members of the Committee on Indian
Affairs that are joining us online, and to all the staff
members and lahui who are present today. Aloha nui kakou.
Mahalo to you for visiting us in our home to hold this
important informational hearing. My name is Kahealani Nae`ole-
Wong and I am the head of Kamehameha Schools, Hawaii.
Originally from Ka`a`awa, Oahu, and have had the privilege of
serving as an educator in our Hawaii island community for over
25 years, first in the public school system in Hawaiian
immersion, and I now lead Kamehameha Schools Hawaii in
developing Hawaiian leaders for our community, alongside others
who have worked tirelessly and sacrificed for the advancement
of Native Hawaiian education.
I am honored to share the ways in which Kamehameha Schools
supports and advocates for educational excellence for all
students in Hawaii, especially for Native learners. I will also
share some of Kamehameha Hawaii's advancements with `Oiwi Edge,
our pathway of Hawaiian culture-based education, including
through Hawaiian language education.
Established in 1887 by Ke Ali`i Bernice Pauahi Bishop,
Kamehameha Schools is the largest educational charitable trust
and private landowner in Hawaii. We remain steadfast in our
mission to create educational opportunities in perpetuity to
improve the capability and wellbeing of her lahui, the Native
Hawaiian people.
Kamehameha Schools consists of three K-12 campuses serving
thousands of Native Hawaiian students on Oahu, Hawaii and Maui,
and 30 preschool sites across the State. We steward 364,000
acres of land and extend our reach through numerous
partnerships. Our educational mission has been realized across
our islands by generations of successful students, community
leaders, and robust community programs.
We are guided by our Kuhanauna Strategic Map 2025 and the
Kamehameha Schools Vision 2040, which states: ``Within a
generation of 25 years, we see a thriving lahui where our
learners achieve postsecondary educational success, enabling
good life and career choices. We also envision that our
learners will be grounded in Christian and Hawaiian values and
will be leaders who contribute to communities, both locally and
globally.''
Each of our Kamehameha campuses are unique, and as such
pursue Hawaiian culture-based education through their own
pathways. At Kamehameha Schools Hawaii, `Oiwi Edge is our
campus pathway to Hawaiian culture-based education, and serves
to reclaim and collectively advance a narrative of Native
Hawaiians thriving whereby students will have a strong
ancestral foundation that shapes their agency, adaptability,
and well-being, giving them a competitive advantage to fulfill
their unique purpose and lahui kuleana.
This reclamation, history and genealogy is brought to life
by educators deeply involved in research grounded in Hawaiian
and global scholarship, a future-focused, student-centered
practice. It reexamines the paradigms and structures of a one-
size-fits-all educational system by cultivating culturally
vibrant and affirming learning environments. It has a moral
obligation to avoid historic erasure and to encourage culture
and linguistic diversity in order to cancel systemic
inequalities that are faced by Native Hawaiian students.
Through our campus research and innovation system, new
educator proficiencies are being developed, bringing `Oiwi Edge
learning and teaching to every child in the classroom. Students
are deepening their perspectives and knowledge to strengthen
their academic achievements. As our world continues to evolve
and shift, we are committed to delivering an education rooted
in sound practice with the promise of innovation. `Oiwi Edge
represents a meaningful mindset for our students to gain
knowledge and skills, resisting toxic narratives by shaping a
Hawaiian identity of leadership and restoration.
`Oiwi Edge is rooted in the belief that Native Hawaiian
identity is a source of internal strength and inspiration,
which serves as a cultural armor for our learners. As our
students venture into the global economy, they will find that
the most valuable job skills are no longer technical in nature.
Instead, durable skills like empathy, adaptability, innovation,
and critical reflection will prove crucial to their success.
Our Native Hawaiian ancestors excelled in these same skills
and attributes. `Oiwi Edge ensures our learners tap into those
ancestral strengths as a driver of success in the modern world.
Our goal is to then give students an opportunity to engage
their cultural identities through exploration of their
convictions of social justice. We are committed to empowering
our youth and community to ensure paths of postsecondary
success. Our greatest commitment is that our learners find
their unique purpose and passion to meet the bold vision of
becoming leaders who play significant roles in creating strong
families and communities throughout Hawaii and beyond, and to
influence and shape their worlds.
Service to ancestral lands is a core tenet of Hawaiian
culture. One of our most notable works to date is a joint
effort involving our high school AP biology students, our
campus' Kumuola Marine Science Education Center, the University
of Hawai`i at Hilo, and Hawai`i Pacific University. The
collaboration focused on investigating the pattern of visually
indistinguishable native and invasive mullet recruitment into a
network of three fishponds in East Hawai`i to inform mitigation
and eradication strategies of invasive species.
The result of this partnership was the development of a new
genetic barcoding technique for early identification of young
mullet entering the ponds along with graphs of their seasonal
migration. This early identification of fish species was
presented at the World Aquaculture Society's Conference in
2020.
These uniquely engineered Native Hawaiian aquaculture
systems once provided a reserve of valued resources for a
healthy lahui and today are models of integrated resource
management that support community resilience. Student-led
research provides new opportunities in our classrooms and in
our communities to collectively brainstorm and build solutions
to contemporary issues.
While Kamehameha Schools is an English medium school, our
students must have foundational knowledge in Hawaiian language
to reclaim the language of our ancestors and to develop a
strong Hawaiian identity and worldview. In recent years,
Kamehameha Schools Hawai`i has implemented an oral-proficiency
model to ensure students achieve higher levels proficiency at
younger ages resulting in an increase in the number of young
Native Hawaiians who have greater confidence in speaking
Hawaiian in everyday situations.
In our experience, despite the various challenges that
Native Hawaiian students face, Hawaiian culture-based
education, including Hawaiian language medium education, has
proven to support their success in education and life. We
believe that culturally relevant educational programming,
developed and administered within the unique context of each
Native community, will better support the educational and life
outcomes of all Native students across the Country.
As such, we urge the Committee to further support Native
culture and language-based educational models, and the
organizations that administer them, in all the Country's Native
communities.
Mahalo piha for this opportunity to provide testimony here
today. We truly appreciate the Committee taking time to hear
from us here in our community. Mahalo.
[The prepared statement of Ms. Nae`ole-Wong follows:]
Prepared Statement of KaHealani Nae`ole-Wong, Head of School,
Kamehameha Schools
Mai ka puka `ana a ka la i Ha`eha`e ma keia mokupuni o Hawai`i no a
i ka welona a ka la i Lehua, aloha nui kakou e ka Luna Ho`omalu Schatz,
ka Hope Luna Ho`omalu Murkowski, a me na lala o keia Komike o ka `Aha
Kenekoa. As is customary for us, we offer warm greetings to you all
from the rising of the sun at the easternmost point of our archipelago
at Ha`eha`e on Hawai`i island to where the sun sets near the small
island of Lehua, west of Kaua`i and Ni`ihau. Mahalo for visiting us in
our home to hold this important informational hearing about Native
Hawaiian education.
My name is Kahealani Nae`ole-Wong. I am from Ka`a`awa on the island
of O`ahu and have lived on Hawai`i island for over three decades. I am
a graduate of the University of Hawai`i at Hilo, the very campus in
which this hearing is being held, and have had the privilege of serving
as an educator in our community for 25 years--first in the Hawai`i
public school system, then in Hawaiian immersion, and I now have the
responsibility to lead Kamehameha Schools Hawai`i in raising the next
generation of Hawaiian leaders for our community. I am very grateful to
those who have worked tirelessly and sacrificed for the advancement of
Native Hawaiian education.
I am honored to share current issues and prospects for Native
Hawaiian students, and the ways in which Kamehameha Schools supports
and advocates for educational excellence for all students in Hawai`i,
especially for our Indigenous learners. I will also share some of
Kamehameha Hawai`i's advancements with `Oiwi Edge, our pathway of
Hawaiian Culture-Based Education (HCBE), including through Hawaiian
language education. Finally, I'll cover Kamehameha's institutional
priority to increase access to early childhood education for every
three- and four-year-old child in Hawai`i.
Kamehameha Schools Background
Established in 1887, Kamehameha Schools is an educational
charitable trust founded by Ke Ali`i Bernice Pauahi Bishop. As the
largest educational charitable trust and private landowner
in Hawai`i, we remain steadfast in our mission to fulfill Ke Ali`i
Pauahi's desire to create educational opportunities in perpetuity to
improve the capability and well-being of her lahui, the Native Hawaiian
people.
Kamehameha Schools consists of three, K-12 campuses serving
thousands of Native Hawaiian students on O`ahu, Hawai`i and Maui, and
30 preschool sites across the state. We steward 364,000 acres of land
and extend our reach through numerous partnerships. Our educational
mission has been realized across our islands by generations of
successful students, community leaders, and robust community programs.
We are guided by our Kuhanauna Strategic Map 2025 and the Kamehameha
Schools Vision 2040, which states:
Within a generation of 25 years, we see a thriving lahui where
our learners achieve postsecondary educational success,
enabling good life and career choices. We also envision that
our learners will be grounded in Christian and Hawaiian values
and will be leaders who contribute to communities, both locally
and globally.
In the late 1990s, a growing demand for the Kamehameha Schools
standard of Hawaiian education led to the construction of two new
campuses--one on Maui and one on Hawai`i island--in addition to the
original Kapalama campus. In 1999, Kamehameha Schools purchased 312
acres of land in Kea`au to build our Hawai`i island campus.
Construction began in mid-2000 and, in 2001, we opened our doors to
serve Hawai`i island families. In 2006, we celebrated the graduation of
our first cohort of high school students. Since that time, we have made
strides in building our unique contribution to the larger Kamehameha
Schools trust, the resurgence of Hawaiian cultural identity, and the
well-being of the lahui as a whole. We actualize this contribution
through `Oiwi Edge, our distinct campus identity and brand of HCBE.
History of Education in Hawai`i
Formal Western education through the Hawaiian language began in
1822 with the printing of a Hawaiian spelling book (Hawaiian Imprint).
By 1839, ``literacy [in Hawai`i] was `estimated as greater than in any
other country in the world, except Scotland and New England''' (Sai).
By 1841, Hawai`i was the fifth nation in the world to provide
compulsory education for its students, preceded only by four European
countries-Prussia, Denmark, Greece, and Spain--with the United States
eventually requiring compulsory education some 77 years later (Ibid.).
The Hawaiian Kingdom structure of education was as follows:
The Privy Council in 1840 established a system of universal
education under the leadership of what came to be known as the
Minister of Public Instruction. A Board of Education later
replaced the office of the Minister in 1855 and named the
department the Department of Public Instruction. This
department was under the supervision of the Minister of the
Interior. . . And in 1865 the office of the Inspector General
of schools was formed in order to improve the quality of the
education being taught (Ibid.; Kuykendall 352).
In 1893, the Hawaiian Kingdom was illegally overthrown. Three years
later, the Republic of Hawaii made English the primary language of
instruction in all public schools, further contributing to the decline
in education through the Hawaiian language. In 1900, Congress passed
the Hawaiian Organic Act creating the Territory of Hawai`i. In 1907,
the Territory's Department of Public Instruction began instituting an
Americanization program called ``Programme for Patriotic Exercises in
the Public Schools'' (Sai). Indigenous students were assimilated in
part through the erasure of history. In the process, Native Hawaiians
faced the loss of land, language, and culture. As a result of being
materially and culturally disconnected, ``Hawai`i's Indigenous people
came to struggle disproportionately with poverty, illness,
homelessness, and poor educational outcomes in their homeland''
(Kana`iaupuni et. al. 312).
Our Lahui Hawai`i Today
Today, Native Hawaiians continue to suffer disproportionately in
comparison to other major ethnicities in Hawai`i. The publication, Ka
Huaka`i: Native Hawaiian Educational Assessment 2021, consists of over
600 pages of compiled data and summary analysis. It is produced by the
Kamehameha Schools with authors Kana`iaupuni, Kekahio, Duarte, and
Ledward. This enormously comprehensive study is an all-inclusive
analysis of not only Native Hawaiian students and communities, but of
other major ethnicities in Hawai`i across all island districts. Most
conclusive is the data that explains the dire rates of poverty,
illness, unemployment, and negative socio-political and -economic well-
being suffered by Native Hawaiians as compared to other major
ethnicities.
Specifically, regarding the education of Native Hawaiian students,
some of the statistics are as follows:
Across Hawai`i, nearly one in ten Native Hawaiian high
school students (8 percent) report being hungry because of lack
of food at home (393);
In 2013 and 2017, Native Hawaiian high school students also
had higher rates of obesity (at or above the 95th percentile
for BMI), compared with other major ethnicities statewide
(402);
Among all Native Hawaiian students in public schools, 62
percent are economically disadvantaged, with East Hawai`i (74
percent) and West Hawai`i (72 percent) having notably higher
percentages. This is consistent with findings showing that East
Hawai`i has the largest percentage of Native Hawaiians living
in poverty (433);
By 2017, Native Hawaiian students (15 percent) were more
than twice as likely as their Chinese (6 percent), Filipino (7
percent), and Japanese (7 percent) peers to be enrolled in
special education programs (435);
Despite the fact that Native Hawaiians make up almost one-
fourth of the student population in the Hawai`i Department of
Education (DOE) system, only 10 percent of Hawai`i DOE teachers
are Native Hawaiian-less than the percentage of teachers who
identify as Caucasian (25 percent), Japanese (23 percent), and
Other (25 percent) (Hawai`i Department of Education 2020b)
(438);
Schools with high concentrations of Native Hawaiians saw the
greatest fluctuation in principal turnover (439);
The consequences of standardized tests for minority students
are paramount, as the rigidity and inherent biases of the tests
may inhibit opportunities to demonstrate learning that is
grounded in cultural ways of knowing and being (449);
Among Hawai`i's major ethnic groups, Native Hawaiians have
the lowest proficiency rates in language arts. In 2015, for
example, 34 percent of Native Hawaiian students in public
schools achieved language arts proficiency-14 percentage points
lower than the Hawai`i total of all public school students in
the same year. By 2017, the gap in language arts proficiency
between Native Hawaiians and the Hawai`i total widened to 16
percentage points. When comparing across subject matter,
overall proficiency rates in language arts are higher than they
are in mathematics (453);
Between 2015 and 2017, Native Hawaiians persistently
exhibited the lowest mathematics proficiency rates of all major
ethnicities in Hawai`i. In 2017, just 27 percent of Native
Hawaiian test takers achieved math proficiency-18 percentage
points below the rate of Filipino students, who had the second-
lowest scores (458);
Over the three school years examined, mathematics
proficiency rates were highest among schools with low
concentrations of Native Hawaiians. The math statistics are
also consistent with science standards and measurements (461);
Our findings reveal that Native Hawaiian students exhibit
the highest chronic absenteeism rates in Hawai`i, relative to
other ethnicities. Recent research suggests that asthma is a
primary contributor to absenteeism among Hawai`i students,
especially for Native Hawaiians, with Leeward, East and West
Hawaii leading the pack (469);
In comparing ethnicities, Native Hawaiian students across
cohorts exhibit relatively high dropout rates, second only to
Whites. Military status and mobility may partially explain the
high percentage of White dropouts (477);
Trend data show that AP enrollment rates for Native
Hawaiians increased gradually with each successive cohort.
Still, AP enrollment rates among Native Hawaiian high schoolers
were the lowest of the five major ethnic groups in Hawai`i. For
example, in the 2017 cohort, there was a 14 percentage point
difference between Native Hawaiian students (17 percent) and
the Hawai`i total (31 percent). Chinese and Japanese students,
relative to their peers, generally had higher rates of AP
enrollment across all cohorts (484);
For two-year colleges, among all Hawai`i DOE students in the
classes of 2011 to 2014 who enrolled in UH community colleges
in the first fall after finishing high school, the three-year
graduation rate was approximately 20 percent. College
completion rates of Native Hawaiian students were consistently
the lowest among each graduating class (491); and ` Like the
two-year college completion data, Native Hawaiian public high
school graduates attending four-year institutions had the
lowest six-year completion rates for the classes of 2011 and
2012 (494).
This educational and social well-being data analysis for Native
Hawaiian students is dire. According to these same authors, however,
Indigenous education re-examines the paradigms and structures of a one-
size-fit-all educational system by cultivating culturally vibrant and
affirming learning environments (``Mohala i ka Wai''). They believe
that culture-based education has a moral obligation to avoid historic
erasure and to encourage cultural and linguistic diversity in order to
cancel systemic inequalities that are faced by Indigenous students.
`Oiwi Edge--Our Kamehameha Schools Hawai`i Pathway to HCBE
Each of our Kamehameha campuses are unique and, as such, pursue
Hawaiian culture-based education through their own pathways. At
Kamehameha Schools Hawai`i, `Oiwi Edge is our campus pathway to HCBE.
`Oiwi Edge was adopted by Kamehameha Schools Hawai`i in 2017 to
facilitate learning and teaching through a Hawaiian cultural lens,
grounded in excellence and `ike, or knowledge, from our rich history
and genealogy as Hawaiians. `Oiwi Edge learning mirrors the ingenuity
and forward thinking of our ancestors. `Oiwi Edge serves to:
Reclaim and collectively advance a narrative of Native
Hawaiians thriving, whereby Kamehameha Hawai`i haumana, or
students, will have a strong ancestral foundation that shapes
their agency, adaptability, and well-being, giving them a
competitive advantage to fulfill their unique purpose and
kuleana, or responsibility (`Oiwi Edge: Our Path To E Ola!'').
At Kamehameha Schools Hawai`i, this reclamation, history and
genealogy is brought to life in classrooms by educators deeply involved
in research grounded in Hawaiian and global scholarship and future-
focused, student-centered practice. Through our campus research and
innovation system, new educator proficiencies are developed bringing
`Oiwi Edge learning and teaching to every child in the classroom.
Students are deepening their perspectives and knowledge to strengthen
their academic achievements. As our world continues to evolve and
shift, we are committed to delivering an education rooted in sound
practice with the promise of innovation, ``Meeting students where they
are-literally where they are-the places that ground them and the layers
and culture that surround them is important'' (DeRego 58).
`Oiwi Edge Learning & Teaching--HCBE as a Means of Reclaiming
Excellence
We believe that Kamehameha Schools Hawai`i serves as a powerful
socializing agent to reinforce our unique and specific approach that
will shape community expectations as well as student, educator, and
parent norms. Furthermore, `Oiwi Edge builds on the seminal work of
past and current Hawaiian scholars, researchers, historians,
practitioners, educators, and cultural elders whose efforts reflect a
conscious and purposeful shift in delivering education. Recognition and
dependence on the foundations of existing Hawaiian scholarship and
contribution made by previous generations is a critical component to
the `Oiwi Edge vision, for `Oiwi Edge represents a relevant and
meaningful mindset for our students to gain knowledge and skills in
resisting toxic narratives by shaping a Hawaiian identity of leadership
and restoration.
`Oiwi Edge is Kamehameha Hawai`i's embodiment of the KS mission,
and offers a specific approach to campus-wide plans and priorities that
describe our brand of education and value proposition. `Oiwi Edge
provides all learners, educators and students alike, personal,
cultural, academic, and social tools required to thrive and contribute
to the lahui. Through strategic programming, curricula, experiences,
and instruction, `Oiwi Edge ensures relevance and rigor to grow next
generation kupuna (elders) and leaders who will shape their individual
futures as they take their place on the global stage. ``Our goal is
then to give students an opportunity to engage their cultural
identities through exploration of their convictions of social justice''
(Cabatu and Kanno 175).
`Oiwi Edge will continue to advance a narrative of Native Hawaiians
thriving. We are committed to empowering our youth and community to
ensure paths of postsecondary success. Our greatest commitment is that
our learners find their unique purpose and passion to meet the bold
vision of becoming leaders who play significant roles in creating
strong families and communities throughout Hawai`i and beyond and to
influence and shape their world.
Living HCBE Through `Oiwi Edge--Examples from Our Campus
He ali`i ka `aina, he kaua ke kanaka; Land is the chief, man is its
servant. A 5th Grade Model of `Oiwi Edge
Service to ancestral lands is a core tenet of Hawaiian culture. As
an example, our grade 5 learners employed a social lens in a year-long
inquiry of sustainability. Students asked, ``Who are we as Native
Hawaiians, and what is our responsibility to our land, ourselves, our
families, and our communities as descendants of strong `Oiwi
(Indigenous) leaders`'' Students kept journals of their projects which
captured their personalized journey over the course of the school year.
Student learnings ranged from deep self-reflections affirming their
identity as Native Hawaiians to gaining understanding of relationships
and how these relationships can be used as `Oiwi leadership to sustain
community. Students then researched the many contributions of Queen
Lili`uokalani, dove into the historical accounts of her life, and
reflected on her compelling musical compositions and prose which she
authored during her lifetime. Her mele or musical compositions convey
kaona or hidden meanings, which proved thought provoking for our
students. They gained invaluable insight into the Queen's thoughts,
opinions, and world-view--as a reflective guidepost to lean upon now
and always.
Huli ka lima i lalo. Turn the hands to work. A Model of `Oiwi Edge
Advocacy in Middle School
From introspection to advocation, students on our campus enact
their `Oiwi Edge in response to real issues affecting our community.
Starting at our shores, our 6th graders were inspired by their
participation in a cleanup project at Kamilo, a beach located at the
Southernmost tip of our island chain that has been dubbed ``Plastic
Beach,'' because of the unique ocean currents that deposit waste on our
shores from as far away as Japan and Russia. Students took steps to
deepen and integrate these experiences into their 7th grade Innovative
Technology course, applying their skills in photography and graphic
design to create recyclable materials in their continued fight against
single use plastics. Then, as 8th graders, students digitally designed
personal original artwork that depicted native Hawaiian plants and
other imagery, superimposed them on beeswax wraps, a sustainable, eco-
friendly alternative to single use plastics, and produced them for sale
in communities near and far. They honed their marketing skills and
learned how to ``side-hustle'' ethically and effectively in order to
raise funds for their airfare and earn the opportunity to present their
work at the International Society for Technology in Education
Conference to be held in New Orleans this summer. Their advocacy and
entrepreneurship continue on through a student organized company called
``Ho`onele Ea.''
He ola na ka `Oiwi. Earn one`s own livelihood. Harnessing the Power
of `Oiwi as an Edge to Sustain Our Community. A High School Model of
Empowered HCBE
Perhaps our most groundbreaking work to date is a joint effort
involving our high school AP Biology students, our campus' Kumuola
Marine Science Education Center, the University of Hawai`i at Hilo, and
Hawai`i Pacific University. The collaboration focused on investigating
the pattern of visually indistinguishable native and invasive mullet
recruitment into a network of three fishponds in East Hawai`i to inform
mitigation and eradication strategies of invasive species. The result
of this partnership was the development of a new genetic barcoding
technique for early identification of young mullet entering the ponds
along with graphs of their seasonal migration. This early
identification of fish species was presented at the World Aquaculture
Society's Conference, Aquaculture America 2020, as part of a special
session related to Native Hawaiian aquaculture.
These uniquely engineered Native Hawaiian aquaculture systems once
provided a reserve of valued resources for a healthy Lahui and today
are models of integrated resource management that support community
resilience. Student-led research provides new opportunities in our
classrooms and in our communities to collectively brainstorm and build
solutions to contemporary issues. Students have been involved in all
facets of this research, from reclaiming of physical space and building
fishpond walls, to the collection and processing of samples, to
experimental design and data analysis, as well as, innovation and
advocacy. Students positioned to responsibly steward our land by
building and accessing multiple knowledge sets through research and
agency will ensure our fishponds are never without fish.
An `Oiwi Edge Commitment to a Thriving and Living Language
`O ka `olelo ke ka`a o ka mauli. \1\ Language is the fiber that
binds us to our cultural identity. The 1970s & 1980s Resurgence of
Hawaiian Language and Culture.
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\1\ This is the motto of Ka Haka `Ula O Ke`elikolani, College of
Hawaiian Language at the University of Hawai`i at Hilo.
`Olelo Hawai`i is the language of our homeland and is currently
used and celebrated by thousands across Hawai`i in government,
education and commerce alike. Following the illegal overthrow of
Hawai`i and the subsequent enactment of culturally detrimental policies
by the subsequent governments, `olelo Hawai`i was on the brink of
extinction by the 1970s and its survival was looking very bleak.
Outside of the vibrant Ni`ihau island community with multi-generational
speakers, the number of speakers in the children, youths, and young
adults across the other islands were very sparse.
A resurgence of Native Hawaiian cultural identity in the public
schools system began when, as a result of the 1978 Hawai`i
Constitutional Convention, the State was required to ``promote the
study of Hawaiian culture, history, and language.'' In addition,
Hawaiian language was formally recognized through the Constitutional
Convention as an official State language, along with English. In 1980,
HCBE entered Hawai`i's public schools in the form of two components,
(1) the Kupuna Component, a K-6 program that brought practitioners from
the community into the classroom; and (2) focused Social Studies
courses such as Hawaiian Monarchy (7th grade), and Modern Hawaiian
History (grades 9 or 11) (Johnson et. al.).
E Ola ka `olelo Hawai`i. The Hawaiian Language Shall Live. Hawaiian
Medium Education Schools.
In 1983, `Aha Punana Leo, a grassroots organization dedicated to
reviving `olelo Hawai`i (the Hawaiian language) was established by a
group of Hawaiian language educators from across the state. Punana Leo
O Kaua`i, the first Hawaiian immersion preschool, opened in 1984, and
grew to include Punana Leo O Hilo and Punana Leo O Honolulu the
following year. In 1986, the Hawai`i State Legislature passed a bill
repealing the 1896 law making English the primary language of
instruction in public schools. In 1987, the Hawai`i Board of Education
approved the Hawaiian Language Immersion program with the first
elementary Indigenous language immersion classes in the United States
officially beginning at Keaukaha Elementary in Hilo and Waiau
Elementary at Pearl City. The opening of Hawai`i's first charter
schools followed in 1995. Today, there are 38 charter schools across
the islands, of which, ``more than half have a Hawaiian cultural focus
and 5 are immersion schools'' (Bender). Fifteen of these 38 charter
schools are in our own communities on Hawai`i island (``Charter
Schools'').
While Kamehameha Schools is an English medium school, our students
must have foundational knowledge in Hawaiian language to reclaim the
language of our ancestors and to develop a strong Hawaiian identity and
worldview. In recent years, Kamehameha Schools Hawai`i has implemented
an oral-proficiency model in our language program to ensure students
have greater access to higher levels of Hawaiian language at younger
ages and greater access to courses which teach content through Hawaiian
language. As our program matures, our renewed focus has not only
resulted in students demonstrating higher language proficiency skills
but also having greater confidence in speaking Hawaiian in everyday
situations, the latter being a great testament to our hope for
reclamation.
It is through the foresight and fortitude of a small group of
people, our Native Hawaiian educators, who actively fight every day to
reclaim our history, culture and language, that Hawaiians and all
people today know more about our past and are able to help our lahui
move towards our future. Despite their efforts, ``in our contemporary
educational system, `ike kupuna Hawai`i \2\ has been characterized as
inferior and irrelevant to other types of knowing, doing, and living,
resulting in a toxic narrative that oppresses our `Oiwi learners''
(Norman 123). We recognize that this experience is shared across native
communities and encourage this committee to continue uplifting
Indigenous languages and cultures for the benefits they provide for all
our people, including by supporting such legislation as the Native
American Language Resource Center Act.
---------------------------------------------------------------------------
\2\ `Ike kupuna Hawai`i can be translated as ancestral Hawaiian
knowledge.
---------------------------------------------------------------------------
As is evident in these impactful HCBE models and programs of `Oiwi
Edge learning & teaching, reclamation and advancement of a narrative of
Native Hawaiians thriving is alive at Kamehameha Schools Hawai`i. `Oiwi
Edge is rooted in the belief that Native Hawaiian identity is a source
of internal strength, and inspiration, which serves as cultural armor
for our learners. As our students venture into the global economy, they
will find that the most valuable job skills are no longer technical in
nature. Instead durable skills like empathy, adaptability, innovation,
and critical reflection will prove crucial to their success. Our Native
Hawaiian ancestors excelled in these same skills and attributes. `Oiwi
Edge ensures our learners tap into those ancestral strengths as a
driver of success in the modern world, enabling them to uplift their
families, their communities, their lahui, and their world.
In our experience, despite the various challenges Native Hawaiian
students face, HCBE, including Hawaiian language medium education, has
proven to support their success in education and life. We believe that
culturally relevant educational programming, developed and administered
within the unique context of each Native community, will better support
the educational and life outcomes of all Native students across the
country. As such, we urge the Committee to further support Native
culture- and language-based educational models, and
the organizations that administer them, in all the country's Native
communities. For Native Hawaiians, this includes continued support for
the Native Hawaiian Education Program, Alaska Native and Native
Hawaiian Serving Institutions of higher education, Native American
language immersion schools and programs, including the Esther Martinez
program, and the Native Hawaiian Career and Technical Education
Program.
Access to Early Learning
An institutional level, Kamehameha Schools highest priority in
addressing the systemic needs of Native Hawaiian learners is ensuring
every three- and four-year-old child in Hawai`i has access to early
childhood education. Every year, we educate approximately 1,600 keiki
(children) at our 30 preschool sites; provide scholarships to 1,500
keiki at our preschools and at other private preschools; and support
many more keiki through partnerships with public and private
preschools, family-child interaction learning centers and other early
learning programs. In sum, every year, we spend approximately $50
million in our local communities to assist over 6,000 keiki begin their
journey.
Despite our efforts, along with others in Hawai`i, there is still
lots of ground to cover to ensure all our keiki have access to early
learning. Prior to the pandemic, only one in four children in Hawai`i
attended early learning programs. During the pandemic, the early
learning capacity dropped significantly to seats being available for
nearly one in five children. A 2020 report found that there were 25,247
seats in childcare facilities regulated by the Hawai`i Department of
Human Services, serving 108,340 children ages five or younger (Hawai`i
Early Childhood Comprehensive Needs Assessment). Therefore, even prior
to the start of the COVID-19 pandemic, the regulated segment of the
child care market in Hawai`i only had the capacity to serve less than a
quarter (23.3 percent) of young children.
As a key component of delivering early learning access, we further
believe Native Hawaiian families in Hawai`i must continue to have the
option to choose Hawaiian medium education and Hawaiian-culture based
education for the benefits previously discussed. Such education is
currently predominantly provided for by private pre-K providers. We
also know that not all families desire center-based care and continue
to support the inclusion of a range of options that provide gains in
learning and achievement through multi-generational, whole family, and
whole child methods, especially through the Native Hawaiian culture and
language.
We recognize that establishing universal access to preschool was a
notable component of the Build Back Better legislative package. While
the future of this legislation is uncertain, we strongly encourage this
committee to continue supporting expanding access to early learning for
native children in whatever related legislation may continue to
progress and to specifically advocate for the additional prioritization
of Native American language nests in such legislation. Federal support
for the construction and renovation of early learning facilities and
the training of preschool teachers, including Native language immersion
teachers, would greatly benefit our collective efforts to increase the
number of available preschool seats for Native Hawaiian keiki.
Summary
Mahalo for this opportunity to provide testimony to the Senate
Committee on Indian Affairs. We truly appreciate the committee taking
time to visit our home to hear from us and our community. We hope that
this testimony has been illuminating in sharing the history and status
of Native Hawaiian education, the unique approach to Hawaiian culture-
based education at Kamehameha Schools Hawai`i, and our institutional
priority for early learning access for all three- and four-year-olds.
Please direct any follow-up to this testimony or on other matters to
Kamehameha Schools' Manager of Community & Government Relations, `Olu
Campbell, at [email protected]. We look forward to continuing our
collaborative engagement with the committee in the future.
BIBLIOGRAPHY:
Bender, Paula. ``Education by Charter.'' Malamalama: The Magazine
of the University of Hawai`i System, http://www.hawaii.edu/malamalama/
2008/01/f5-charterschools.html. Accessed 24 May 2022.
Cabatu, Alana M.M. and Corrine Kanno. ``Defining Authenticity in
Learning and Teaching.'' E ULU, Halau Kupukupu: Kamehameha Schools
Hawai`i, 2022, pp. 174-194
``Charter Schools.'' Hawaii State Department of Education, https://
www.hawaiipublicschools.org/TeachingAndLearning/EducationInnovation/
CharterSchools/Pages/home.aspx. Accessed 24 May 2022.
DeRego, Nancy. ``Storied Places: Developing an `Oiwi Critical Lens
through Critical Reading of Place- and Cultural-Based Stories.'' E ULU,
Halau Kupukupu: Kamehameha Schools Hawai`i, 2022,pp. 57-68
``Hawaiian Imprint Collection: A Resource Guide.'' Library: Library
of Congress, https://guides.loc.gov/early-hawaiian-imprints/about-the-
collection. Accessed 24 May 2022.
``Hawai`i Early Childhood Comprehensive Needs Assessment.'' State
of Hawai`i Executive Office on Early Learning, https://
drive.google.com/file/d/13bqraLSLXAtoCoLo5wUjS6AG3uxjSP4z/view.
Johnson, Kamalani, et. al. Ke Kulia e Kamau Ai: He Ho`ili`ilina
Holomua `olelo Hawai`i. Hilo,
Hawai`i, Hale Kuamo`o, 2020.
Kailihou, S. Aolani. ``Ke Kuapapa Nui.'' Leadership Engagement
Conference, 21 Jun. 2021,Kamehameha Schools Hawai`i.
Kamehameha Schools Report On Financial Activities: July 1, 2018-
June 30, 2019. Kamehameha Schools, https://www.ksbe.edu/assets/
annual_reports/Financial_Activities_2019.pdf. Accessed 24 May 2022.
Kana`iaupuni, Shawn Malia, et. al. Ka Huaka`i, Native Hawaiian
Educational Assessment 2021.
Kamehameha Schools, 2021, https://www.ksbe.edu/assets/research/
ka_huakai/2021_KaHuakai.pdf. Accessed 24 May 2022.
Kana`iaupuni, Shawn Malia, et. al., ``Mohala i ka Wai: Cultural
Advantage as a Framework for Indigenous Culture-Based Education and
Student Outcomes.'' American Educational
Research Journal, vol. 54, no. 15, April 2017, pp. 311-339, p. 312,
https://doi.org/10.3102/0002831216664779. Accessed 24 May 2022.
Kuykendall, Ralph S. The Hawaiian Kingdom Volume 1. University of
Hawaii Press, 1938, https://ulukau.org/elib/cgi-bin/library?e=d-
0kingdom1-000Sec--11en-50-20-frameset-book--1-
010escapewin&a=d&d=D0.19.18&toc=0. Accessed 24 May 2022.
Maly, Kepa and Onaona Maly. Ka Ho`oilina A Ke Ali`i Wahine `o
Pauahi Bishop: Ke Kahua Kula Kamehameha Ma Kea`au--Legacy of the
Chiefess Pauahi Bishop: The Kamehameha School Campus at Kea`au. Kumu
Pono Associates LLC, 2018.
Norman, Noelani. ``Changing the Untruths of the Past for the
Future: Proposing a Framework for Centering `Oiwi Narratives at
Kamehameha Schools Hawai`i.'' E ULU, Halau Kupukupu: Kamehameha Schools
Hawai`i, 2022, pp. 121-146.
```Oiwi Edge: Our Path To E Ola! Strategic Map 2020-2025.''
Kamehameha Schools, https://drive.google.com/file/d/
1MQ6uGA_Pqog6gwzw3qg0ShZiCkPyxVM0/view. Accessed 24 May 2022.
Sai, Keanu Ph.D. ``The Impact of U.S. Occupation on the Hawaiian
People.'' NEA: National Education Association, 13 Oct. 2018, https://
www.nea.org/advocating-for-change/new-from-nea/impact-us-occupation-
hawaiian-people. Accessed 24 May 2022.
The Chairman. Thank you very much, Ms. Nae`ole-Wong.
Dr. Kawai'ae'a, please proceed with your testimony.
STATEMENT OF KEIKI KAWAI'AE'A, Ph.D., DIRECTOR, KA HAKA `ULA O
KE`ELIKOLANI COLLEGE OF HAWAIIAN LANGUAGE AT THE UNIVERSITY OF
HAWAI`I
Dr. Kawai'ae'a. Aloha e Kenekoa Schatz, [phrase in Native
tongue]. My name is Keiki Kawai'ae'a, and I would like to
welcome you to Hale`olelo, the main building of Ka Haka `Ula O
Ke`elikolani, the College of Hawaiian language. We are humbled
by the privilege to have you here on campus today for the field
hearing on Funding and Program Access for Innovation in the
Native Hawaiian Community.
I serve as Director of Ka Haka `Ula O Ke`elikolani College
of Hawaiian Language, and I am also a proud parent of the first
students of the Punana Leo and Kaiapuni Hawai`i. My children
graduated from Nawahiokalani`opu`u, and my grandchildren today
are enrolled there.
I am also engaged with other critical work, such as the
Native Educator Education Committee of the National Indian
Education Association and the Accreditation Board of the World
Indigenous Nations Higher Education Consortium.
Today I will be providing testimony on the work of our
college as a primary resourcing entity for Hawaiian language
revitalization and education as mandated by our State
legislature. Included in its P through 25 pre-school through
doctorate programs, our Hawaiian medium pathway focuses on
Hawaiian-speaking families and other forms of education for
producing high efficiency in Hawaiian.
Like Namaka Rawlins, I will list barriers to the human and
other resource development work of the college before going
into details of our work here at the college. Helu ekahi,
number one, most university faculty and administrators outside
our college and external funders see us as a standard foreign
language and foreign area studies program. However, we lack the
resources that such foreign language and area studies programs
receive, including any of the 15 federally funded National
Foreign Language Resource Centers.
The lack of such support severely hampers our ability to
reach the full potential of our various Native Hawaiian and
other Native American programs. We therefore are very much
appreciative the work, Senator Schatz, that you have done, in
the Senate Indian Affairs Committee to have put into the bill
to establish a Native American Language Resource Center.
Ka Haka `Ula O Ke`elikolani focuses highly on teacher
training for Hawaiian language medium and immersion P-12
teachers. There is a critical shortage of fully proficient
teachers in Hawaiian, well prepared in a wide range of content
areas and trained in delivering education from a Native
language and culture-based foundation. Because of the unique
language and cultural elements, our teachers require more
preparation than standard English medium teacher preparation.
There is a nationwide shortage of teachers prepared for
Native language medium and immersion school settings, Native
culture-based schools and schools in communities with a high
population of Native students. Not addressing this critical
teacher shortage hinders and impedes the implementation of
highly successful Native language and medium education that
builds upon its language and cultural strengths.
Our State DOE projects that Hawaiian medium/immersion
schools will have a shortage of 75 teachers for the upcoming
school year. This data does not include the Hawaiian medium/
immersion charter school shortage. Some estimate that the total
State shortage for the upcoming school year will be around 100
teachers statewide for the 28 K-12 Hawaiian medium/immersion
schools.
The National Indian Education Association has collaborated
on new legislation called the Native American Teacher Education
Pathway Act. I am part of the Committee working on developing
this bill which has received national feedback in its
development from all three Native American groups. We would
like to request your consideration, Senator Schatz, in
introducing the bill. I brought several copies with me that I
shared with your staff.
Three, our College provides curriculum materials and
resource materials to schools. We and other Native American
language programs lack access to direct funding to create such
materials and resources. Grants are highly competitive and
require much work to develop grants to fit them into
competitive preferences while still focusing on the priorities
we know to exist in the schools we are serving.
What limited competitive grants are available are generally
written with requirements based on the needs of English medium
schools rather than Native American language medium/immersion
schools that we serve. In addition, as a State system with no
tribal schools or boards, we also do not meet the criteria for
some of the grants that fit well with the needs of our schools
and students we serve. Improving grant definitions and where
the grants are administered may increase access to Hawaiian
medium/immersion education and other potential funding support
for innovation in the Native Hawaiian Community.
Four, there is a need for direct funding for Native
students and services of students enrolled in our Native
Hawaiian and Native American streams. Native American language
and culture study is largely under the radar of Federal and
private foundation support. Available funding that focuses on
individual Native Americans is most commonly directed to areas
where Native students are highly underrepresented, such as
engineering, computer science, and medicine.
Although programs in higher education teaching languages
and cultures are uncommon, where they exist, such as here in
our college, it is always the area of higher education where
indigenous students are the majority. Because our area of study
has a majority of Native students, our students can be
designated as a lower priority in funding focused on increasing
the percentage representation of indigenous students. However,
because so many of our students become involved in education,
they have a much more significant impact on Native youth as a
whole than areas for which funding for Native students is more
readily available.
A further barrier for students in our area is that they
often take longer to finish their undergraduate studies, as it
takes longer to learn the language and obtain a degree. This is
because we are training individuals who are not only becoming
proficient in an indigenous language and culture but also in an
academic content area that they intend to teach Native
students.
Thus, here at Ka Haka `Ula O Ke`elikolani, many of our
Native Hawaiian Studies students are pursuing double majors in
other areas. The time to accomplish this typically extends
beyond the standard four to five years of scholarship support
provided to Native students.
I would like to share a little bit about some of our work
and our innovations at the college. Ka Haka `Ula O
Ke`elikolani, where we are today, is administered and operated
through Hawaiian. All of our faculty and staff are bilingual in
Hawaiian and English, and several are proficient in other
languages. Although we face many barriers, our college has made
steady progress in developing its P-25 model by bringing
together the Hawaiian Studies Department, the Hale Kuamo`o
Hawaiian Language Center, and Nawahi K-12 school.
In addition to our basic Hawaiian language medium B.A. in
Hawaiian Studies, other programs include a Hawaiian language
medium graduate teacher education certificate in indigenous
language and culture education, an M.A. in indigenous language
and culture education, and a Ph.D. in indigenous language and
culture revitalization. We also have a lower division
certificate indigenous language medium early education, really
running the gamut from the babies all the way to adult and into
the community.
We also provide dual college enrollment for Hawaiian-
speaking high school students in a selected range of general
education courses taught in Hawaiian, including world history,
statistics and sociology. We hope to expand those courses to
fulfill our legislative mandate to provide liberal education to
Hawaiians.
We have an outreach program for other Native Americans and
indigenous peoples on a more extensive level. Our most
developed program in serving other Native American peoples is
at the doctorial level. The language is represented in that
strand are Lakota, Mohawk, Arapaho, Tlingit, Dakota, Inupiaq,
Ojibwe, and Samoan. Our non-Hawaiian students in the Ph.D.
program typically work in Native American language medium
schools or higher education while studying in our program.
We have been working on expanding our support to Native
America beyond our Ph.D. and Linguistics B.A. through our
graduate-level teaching certificate with the Jemez language of
the Jemez Pueblo, and the Ojibwe language in Wisconsin.
The Hale Kuamo`o Center is a primary resource provider for
the Hawaiian language and culture-based education movement in
the State of Hawaii. The Hale Kuamo`o focuses on material
originally written in Hawaiian or developed from a Hawaiian
perspective for over two decades now. Hale Kuamo`o creates and
disseminates school and online resources, holds in-service
training for teachers and parents, and a Hawaiian language
newspaper. The Hale Kuamo`o has produced over 700 publications.
The volume of material support that we provide is very
substantial. However, the development and even distribution and
maintenance of those materials are highly dependent on winning
competitive grants.
In addition to the publication of the Hale Kuamo`o, the
Ulukau Hawaiian Electronic Library contains collections of
Hawaiian newspapers, the Kani`aina tapes, Hawaiian language and
cultural books, genealogy collections, and among its most
frequently visited collections, its electronic dictionaries.
This year, Ulukau celebrates its 20th year with over 400
million hits.
Mahalo nui for this invitation to provide testimony on this
very important issue.
[The prepared statement of Ms. Kawai'ae'a follows:]
Prepared Statement of Keiki Kawai'ae'a, Ph.D., Director, Ka Haka `Ula O
Ke`elikoLani College of Hawaiian Language at the University of Hawai`i
Aloha e Kenekoa Schatz, a mahalo nui ia `oe a me na limahana o ke
ke`ena SCIA no ka malama `ia o keia halawai ho`olohe ma Hilo nei. My
name is Keiki Kawai`ae`a, and I'd like to welcome you to Hale`olelo,
the main building of Ka Haka `Ula O Ke`elikolani, the state Hawaiian
language college. You may have seen our other building, the portable on
the other side of the stream with adjoining Matson shipping containers.
That is the site of our Hale Kuamo`o Hawaiian Language Center and some
of our faculty and staff offices. We are humbled by the privilege to
have you here on campus today for the field hearing on Funding &
Program Access for Innovation in the Native Hawaiian Community. I'd
like to echo the earlier mahalo from Namaka Rawlins for holding this
hearing here at Hale`olelo.
As a bit of background history to provide context for my testimony,
I am one of the parents of the first students in the Punana Leo and
Kaiapuni Hawai`i (Hawaiian immersion programs). My eldest child
graduated in the first class of Nawahiokalani`opu`u in 1999. She now
works here in the College as a faculty member in teacher education. My
other children also graduated from Nawahiokalani`opu`u, and my
grandchildren are enrolled there today.
My professional background is in elementary education, curriculum
and instruction, and Indigenous education. I began my career teaching
the Hawaiian language and culture through English at the Kamehameha
Schools on the Kapalama campus. When Punana Leo families on Maui sought
to have a public elementary Hawaiian immersion program begin there, I
moved with my family as the founding teacher of the Hawaiian immersion
site at Pa`ia School. Later, when the Hale Kuamo`o Hawaiian Language
Center was opened, I was recruited to lead that effort in providing
curriculum materials for Hawaiian medium/immersion education statewide.
The much needed work continued in developing our graduate level
Kahuawaiola Indigenous Teacher Education program and then its follow-up
M.A. degree in Indigenous Language and Culture Education. I am also one
of the faculty members delivering our Ph.D. in Hawaiian and Indigenous
Language and Culture Revitalization.
In my present position, I serve as the Director of Ka Haka `Ula O
Ke`elikolani College of Hawaiian Language. I am also engaged with other
critical work, such as the Native Educator Education Committee of the
National Indian Education Association and the accreditation board of
WINHEC, the World's Indigenous Nations Higher Education Consortium.
Today I will be testifying before the Committee on the work of our
Hawaiian Language College as a primary resourcing entity for Hawaiian
language revitalization and education as mandated by our state
legislature. Included is a P-25 (preschool to doctorate) Hawaiian
language medium/immersion pathway that focuses on Hawaiian speaking
families and other forms of education toward producing a high
proficiency in Hawaiian. These include various courses taught through
Hawaiian at the college level and some high school and community
language learning. I will also include information on parallel work of
our College in resourcing Native American language medium education on
a national level and a Native American Teacher Education Pathway bill.
Like Namaka Rawlins, I will list barriers to the human and other
resource development work of the College before going into details of
that work.
1. Most university faculty and administrators outside our
college and external funders see us as a standard foreign
language and foreign area studies program. However, we lack the
resources that such foreign language and area studies programs
receive, including any of the fifteen federally funded National
Foreign Language Resource Centers. The lack of such support
severely hampers our ability to reach the full potential of our
various Native Hawaiian and other Native American programs. We,
therefore, very much appreciate the work that you, Senator
Schatz, and the Senate Indian Affairs Committee have put into
the bill to establish Native American Language Resource
Centers.
2. Ka Haka `Ula O Ke`elikolani college focuses highly on
teacher training for Hawaiian language medium/immersion P-12
teachers. There is a critical shortage of fully proficient
teachers in Hawaiian, well prepared in a wide range of content
areas and trained in delivering education from a Native
language and culture-based foundation. Because of the unique
language and cultural elements, our teachers require more
preparation than any standard English medium teacher
preparation. There is a nationwide shortage of teachers
prepared for Native language medium/immersion, Native culture-
based, and schools in communities with a high population of
Native students. Not addressing this critical teacher shortage
hinders and impedes the implementation of highly successful
Native language/medium education that builds upon its language
and cultural strengths. Our state DOE projects that Hawaiian
medium/immersion schools will have a shortage of 75 teachers
for the upcoming school year. This data does not include the
Hawaiian medium/immersion charter school shortage. Some
estimate the total state shortage for the upcoming school year
to be around 100 teachers statewide for the 28 K-12 Hawaiian
medium/immersion schools. The National Indian Education
Association has collaborated on new legislation called the
Native American Teacher Education Pathway Act. I am part of the
Committee working on developing this bill which has received
national feedback in its development from all three Native
American groups. We would like to request your consideration,
Senator Schatz, in introducing the bill.
3. Our College provides curriculum materials and resource
materials to schools. We and other Native American language
programs lack access to direct funding to create such materials
and resources. Grants are highly competitive and require much
work to develop grants and fit them into competitive
preferences while still focusing on the priorities we know to
exist in the schools we are serving. What limited competitive
grants are available are generally written with requirements
based on the needs of English medium schools rather than the
Native American language medium/immersion schools that we
serve. In addition, as a state system with no tribal schools or
boards, we also do not meet the criteria for some grants that
fit well with the needs of the schools and students we serve.
Improving the grant definitions and where the grants are
administrated may provide increased access to Hawaiian medium/
immersion education and other potential funding to support
funding and program access for innovation in the Native
Hawaiian Community.
4. Fourth, there is a need for direct funding for Native
students and services of students enrolled in our Native
Hawaiian and Native American streams. Native American language
and culture study is largely under the radar in terms of
federal and private foundation support. Available funding that
focuses on individual Native Americans is most commonly
directed to areas where Native students are highly
underrepresented, e.g., engineering, computer science, and
medicine. Although programs in higher education teaching
Indigenous languages and cultures are uncommon, where they
exist, such as here in our College, it is always the area of
higher education where Indigenous students are the majority.
Because our area of study has a majority of Native students,
our students can be designated as a lower priority in funding
focused on increasing the percentage representation of
Indigenous students. However, because so many of our students
become involved in education, they have a much more significant
impact on Native youth as a whole than areas for which funding
for Native students is more readily available. A further
barrier for students in our area is that they often take longer
to finish their undergraduate studies. This is because we are
training individuals who are not only becoming proficient in
the Indigenous language and culture but also in an academic
content area that they intend to teach to Native students.
Thus, here at Ka Haka `Ula O Ke`elikolani, many of our Native
Hawaiian Studies students are pursuing a double major in
another area. The time to accomplish this typically extends
beyond the standard four or five years of scholarship support
provided to Native students.
Although we face many barriers, our College has made steady
progress in developing our P-25 preschool to the doctorate (P-25)
programs.
The Hawai`i State Legislature mandated Ka Haka `Ula O Ke`elikolani
College. The establishment of the College brought together the Hawaiian
Studies Department, the Hale Kuamo`o Hawaiian Language Center, and the
Nawahiokalani`opu`u K-12 School site (then operated with special
support from the Office of Hawaiian Affairs, the non-profit `Aha Punana
Leo and the Hawai`i Department of Education. The mandate is reflected
in Act 315 and resulting HRS 304A 1301-1302 and other statutes that
refer to distinctive responsibilities of the College.
Since the passage of that mandate in 1997, we have added to our
basic Hawaiian language medium B.A. in Hawaiian Studies, a Hawaiian
language medium graduate level teacher education certificate in
Indigenous language medium education, a Hawaiian medium M.A. in
Indigenous Language and Culture Education, a Hawaiian medium Ph.D. in
Hawaiian and Indigenous Language and Culture Revitalization and a
Hawaiian language medium lower-division certificate in Indigenous
language medium early childhood education. We also provide dual college
enrollment for Hawaiian speaking high school students in a selected
range of general education courses taught in Hawaiian, including World
History, Statistics, and Sociology. We hope to expand those courses to
fulfill our legislative mandate to provide liberal education through
Hawaiian.
Ka Haka `Ula O Ke`elikolani is administered and operated through
Hawaiian, the only College administered and managed through a Native
American language. All our faculty and staff are bilingual in Hawaiian
and English, and several are proficient in other languages. Our
exceptionally high credit load for our majors and our cultivation of
Hawaiian as our working language is necessary to reach the high level
of proficiency essential to resource Hawaiian language medium schools.
However, we also serve the general student body of UH Hilo, who simply
want to fulfill the standard second language study in other
universities. For those non-majors, we offer introductory Hawaiian
language and culture courses in English.
On a more extensive level, we have an outreach program to other
Native Americans and Indigenous peoples that runs parallel to our
Hawaiian language medium undergraduate and graduate program. Such
outreach is also part of our legislative mandate.
Linguistics is the scientific base from which we approach language
revitalization. At the undergraduate level, we provide an English
medium B.A. in Linguistics. Students may also simultaneously pursue the
study of their traditional Native American languages while enrolled in
our Linguistics program and apply that study to our undergraduate
Certificate in Indigenous Multilingualism. Another alternative is to
develop their traditional Native American language knowledge before
transferring to our Linguistics program, perhaps by attending a Tribal
College.
Our most developed program in serving other Native American peoples
is at the doctoral level. Beginning over a decade ago, we initiated an
English medium strand in our Ph.D. program that enrolls Native American
students. That program is an important resource for the United States
and Canada as there are no programs like it at present elsewhere. The
languages represented in that strand are Lakota, Mohawk, Arapaho,
Tlingit, Dakota, Inupiaq, Ojibwe, and Samoan. Our non-Hawaiian students
in the Ph.D. program typically work in Native American language medium
schools or higher education while studying in our program. Our first
graduate from this English strand is Dr. Lance X'unei Twitchell, who
heads the Native Alaskan program in Juneau at the University of Alaska
Southeast. He was recently recognized as the Young Alaska Native of the
Year. Several others are employed in higher education or are
administrators in Native Schools.
We have been working on expanding our support to Native America
beyond our Ph.D. and Linguistics B.A. Our graduate-level teaching
certificate has been approved to be delivered in languages other than
Hawaiian.
We have discussed offering it through Ojibwe and/or Towa. For our
Towa program, we have been working closely with the Education
Department of Jemez Pueblo in New Mexico. We have also begun a pilot
offering an English stream for non-Hawaiian-speaking Indigenous peoples
of our Master's in Indigenous Language and Culture Education. Another
feature of our work with other Native Americans is a shared course at
the Master's level where we work with Indigenous teacher training
universities in Arizona and Alaska as well as those in British Columbia
and New Zealand. We see our work in cooperation with other U.S.
universities and tribes as a model for what could be done cooperatively
should the Native American Language Resource Center bill pass. Mahalo
again to you, Senator Schatz, for introducing that bill with strong
support from Senator Murkowski. Work with Alaska Natives has
strengthened our programs here. In particular, I'd like to mention the
late Dr. Bill Demmert, Tlingit, a founder of the National Indian
Education Association. Dr. Demmert provided key advice to us in our
beginning efforts in the assessment of our Hawaiian medium program and
sponsored Native Hawaiian inclusion in the National Indian Education
Association, with Namaka and myself among the pioneering members that
he brought into the NIEA.
I mentioned earlier that Ka Haka `Ula O Ke`elikolani also maintains
the Hale Kuamo`o Hawaiian Language. That work is crucial for Hawaiian
Language Medium Schools, university students at UH Hilo and elsewhere,
and adult learning.
HALE KUAMO`O HAWAIIAN LANGUAGE CENTER
The Hale Kuamo`o Hawaiian Language Center was established in
association with the UH Hilo Hawaiian Studies Department in 1989. The
`Aha Punana Leo worked in partnership to provide materials to the
Center for distribution to the growing number of Punana Leo preschools
and follow-up Hawaiian immersion elementary school programs. The Hale
Kuamo`o is operated through awards of competitive grant funds and
student workers from the College.
The Hale Kuamo`o focuses on material originally written in Hawaiian
or developed from a Hawaiian perspective for over two decades now. It
has produced over 700 of these kinds of publications. It also produces
the curriculum materials used by the College itself and those used from
preschool through grade 12 in the larger Hawaiian language medium
education effort. Entities and individuals also use its materials for
studying Hawaiian as a second language. Print materials include posters
and charts as well as actual books. Some of the early publications of
the Hale Kuamo`o were translations of standard required textbooks in
math and science for the state public schools.
The Hale Kuamo`o has allowed some of its materials to be translated
into the Ni`ihau dialect to serve the needs of that small community and
others to be translated into English for use in English medium Hawaiian
culture-based education when appropriate. It has also participated in
projects to produce bilingual Hawaiian-English materials, such as the
`Aina Lupalupa Science materials, in partnership with the Kamehameha
Schools. However, the bulk of the materials produced by the Hale
Kuamo`o is solely in Hawaiian. The Hale Kuamo`o does not only create
and disseminate resources for schools; it also holds in-service
training for teachers and parents on how to use materials.
THE ULUKAU ELECTRONIC HAWAIIAN LIBRARY
In addition to its print publications, the Hale Kuamo`o has led the
electronic dissemination of Hawaiian language materials. This began
with the first Hawaiian computer fonts and Hawaiian email services.
Electronic versions of its print books allow Hawaiian medium/immersion
schools to print out copies of books when students lose them or they
are somehow destroyed.
The Hale Kuamo`o pioneered the electronic dissemination of archival
written materials in Hawaiian. Those include land deeds and other
government materials; however, the most significant for Hawaiian
language medium schools are Hawaiian language newspapers, which span
from 1834 through 1948, consisting of some 125,000 pages in the
Hawaiian language. These newspapers, available through the Hale
Kuamo`o's Ulukau Electronic Hawaiian Library in various formats and in
cooperation with partners such as the Office of Hawaiian Affairs, are
extremely important in providing materials for the study of Hawaiian
history, literature, and culture for the Hawaiian language medium
schools and college students.
A parallel collection of materials, the Kani`aina Hawaiian language
tape archives available through Ulukau include audio and videotaped
collections of the last traditional Hawaiian language-speaking elders.
College faculty member Dr. Larry Kimura collected the majority of these
tapes from the early 1970s to the end of the 1990s. These materials are
widely accessed by students of Hawaiian and teachers in Hawaiian
language medium schools.
While there are several thousand hits to the Ulukau electronic
library collections of Hawaiian newspapers and the Kani`aina tapes, the
most widely used collection of Ulukau is its Hawaiian dictionaries
collections. Those collections include most of the dictionaries and
lexicons of Hawaiian since the establishment of the Hawaiian writing
system in the 1820s. It includes the words collected and created by the
Komike Lekikona Hawai`i established with elders at the beginning of the
`Aha Punana Leo and continuing through to the present. Over 35,000
Hawaiian words are available through these dictionaries. The
dictionaries' sites receive over 1.7 million hits per month.
The Hale Kuamo`o has a process for approving what materials can be
posted. The main criteria are in or about the Hawaiian language and
culture and are useful for a segment of the population seeking to learn
and spread the Hawaiian language. Many other documents are useful for
Hawaiian language and culture study and schooling on the Ulukau site,
including materials created by teachers for their students and the
Hawaiian Bible.
OTHER ACTIVITIES
Ka Haka `Ula O Ke`elikolani is the venue for conferences, meetings,
and ceremonies for the Hawaiian speaking public, the Native Hawaiians
involved in the more extensive education of Hawai`i, other
professionals and community members, Native American educators, and
Indigenous educators.
In closing then, Ka Haka `Ula O Ke`elikolani is the primary
resource provider for the larger Native Hawaiian language and culture-
based education movement in the state of Hawai`i. Those resources are
the first human, highly trained teachers and researchers, and second
material. We are the primary source of such human resources in the
state.
The material resources that we provide are publications, primary
resource materials, and reference materials. The volume of material
support that we provide is very substantial. However, the development
and even distribution and maintenance of those materials are highly
dependent on winning competitive grants.
Mahalo a nui loa for the invitation to provide testimony on this
very important hearing topic.
The Chairman. Thank you.
Ms. Kalili, please proceed.
STATEMENT OF AMY KALILI, PARTNER, PILINA FIRST LLP
Ms. Kalili. [Greeting in Native tongue.] Aloha kakou.
Mahalo nui as well for this opportunity to speak with you
today, Senator. My name is Amy Kalili, and while my ohana hails
from Pa'ala'a, we are commonly known today as Hale'iwa on the
north shore of Oahu. I grew up right here in Hilo, Hawaii. I
have been involved in the Hawaiian language movement since the
1990s. In fact, my mentors and the programs that nurtured and
cultivated my fluency now occupy this very building that we are
meeting in today. So I am honored to be here with all of them
this morning.
I am privileged to have worked alongside these amazing
[phrase in Native tongue]. To my right Namaka [indiscernible],
she was in our immersion program, and Keiki [indiscernible], in
varying capacities at Aha Punana Leo here at and Ka Haka `Ula o
Ke`elikolani and at Ke Kula `o Nawahiokalani`opu`u as well. My
more recent endeavors, however, have taken me a step away from
the core group of this Hawaiian Language Consortium and those
partners, if you will, out into the broader community,
advocating for and supporting language efforts there.
There is no doubt that our preschool through 12th grade
Hawaiian language programs are the driving force of our
Hawaiian language movement. But we all know that this movement
is much more than a collective of children in schools. At the
core of this movement are the ohana, whose keiki are in the
schools and they are pursuing `olelo Hawai`i as the primary
language for their children and for their homes. As that core
continues to grow, so do the concentric rings that ripple out
from that core. Those rings include individuals and ohana that
know some Hawaiian words and phrases or are even learning
`olelo Hawai`i but aren't necessarily pursuing an extremely
high `olelo fluency.
Some run businesses and organizations that use `olelo
Hawai`i in some capacity, and there are thousands more who
support the movement in other ways. They give financially, they
support and pass policy measures necessary to ensure equity and
parity for these language programs, they lend their celebrity
and influence to elevate the perceived status of language. They
provide platforms and dissemination mechanisms to extend the
capacity, reach, and impact of our `olelo Hawai`i. Whatever
their specific contribution, these outer rings of engagement
and support are fundamental to the movement overall, and to the
ultimate success of the group of students, `ohana and kumu that
are at the core in these Hawaiian language schools.
The perceived relevance and capacity of `olelo Hawai`i as a
thriving, living language that should be used in all sectors of
Hawaii is critical to the sustained progress of our language
schools and programs. Its relevance, the relevance of the
language, will either be cultivated or diminished in the larger
context of the movement. For example, next year, correct me if
I am wrong, next year, 2023 will mark the 40th anniversary of
`Aha Punana Leo. We have educated thousands of kamali'i and
`opio entirely through Hawaiian language. Many of them are now
well into their careers, some gaining high paying positions,
not in spite of but because of their fluency in Hawaiian and
the perspective and worldview that comes with that
Yet wee still have policy makers and leaders in our own
community wondering, what is the real value of them gaining
fluency? Why are we trying to use `olelo Hawai`i in as many
contexts as possible? That, in my humble opinion, is an
awareness perception and relevance issue, an issue that has
unfortunate implications for the long-term support of the
language schools and programs regardless of the amazing work
being done therein.
Whether for the benefit of our political and community
leaders, our own `ohana, and especially for our `opio and
keiki, it is imperative that we support the use of `olelo
Hawai`i in the domains that affirm that it is a language of
capacity. One of the most important domains for language
presence is media. The ubiquitous nature of media makes it such
that if we do not embrace and harness its power to our benefit,
it will become an immense barrier to the normalization of all
of our Native languages.
`Aha Punana Leo's longstanding partnership with `Oiwi
Television Network blazed a trail of sorts in this area back in
2008 with our `Aha`i `Olelo Ola news programming on Hawaii's
CBS-affiliate, Hawai`i News Now. It was an honor to anchor,
produce, and write for that programming, and it was even more
rewarding because I got a chance to see first-hand how this
work in media, in the broader landscape of the language
movement, had a direct impact on the work being done in our
language schools and programs. We still to this day have
students and parents approach us to say how seeing Hawaiians on
TV, Hawaiians using Hawaiian in that way and in that space, was
a game-changer. It broadened the imagination of our community
in terms of what is possible and how our language can and
should be used.
Equally satisfying is watching local programming, like our
Merrie Monarch broadcast, where now we have each and every
commercial break including spots or commercials that are in
Hawaiian, commercials by businesses who understand the added
economic value of connecting with our community and our culture
in this way.
Unlike many of our indigenous cousins around the world,
however, our Native language broadcast programming doesn't
receive stable government funding, State or Federal. This is in
stark contrast, for example, to the Maori broadcast efforts in
Aotearoa that receive upwards of 40 million New Zealand dollars
annually and Welsh initiatives that receive well over 80
million pounds annually from the government.
Another key partner in the Hawaiian Language Consortium
working to uplift and normalize the use and relevance of
Hawaiian language in broader context is our `Imiloa Center,
which is right across the street, up the road here. One of
`Imiloa's recent initiatives that brought our language front
and center in the world of astronomy and landmark discoveries
being made therein is the A Hua He Inoa program, meaning ``to
bring forth a name.'' A Hua He Inoa is a collaborative effort
led by `Imiloa that is weaving traditional indigenous practices
into the process of officially naming astronomical discoveries.
This is yet another acknowledgement of the capacity and
relevance of `olelo Hawai`i and the worldview that it informs
in modern context.
The program creates a context where Hawaiian-speaking
students are immersed in knowledge from `olelo Hawai`i experts,
education leaders, and top research scientists from Hawaii's
astronomical observatories. These haumana working alongside
these mentors to create [phrase in Native tongue] or Hawaiian
names.
Building on the impact that this integrated programming has
on our haumana when they are given skills and platforms that
reiterate the relevance and importance of their fluency, we
will be combining the efforts of `OiwiTV and `Imiloa's work in
science and technology this fall to create coursework in
digital storytelling to be delivered here at Ka Haka `Ula
through Hawaiian Language College. We will be teaching news
writing and distribution strategies, along with components of
production work, data visualization, animation, and even
exhibit development, all again through the Hawaiian language.
While these and other Consortium initiatives are made
possible by creative collaboration and creative funding, having
stable streams of support for innovative program development
like this is critical to the continued success of the
Consortium's work.
Another vital complementary component of our movement that
has been fundamental to the growth of our Hawaiian language
medium schools has been cross-community collaboration with both
Keiki and Namaka have referenced. From early advocacy efforts
to simply affirm the right to educate our children in their
Native language to the ongoing development of the educational
programming that has been referenced today, and then our
delving into media even, and these science and technology
endeavors, collaborating with other indigenous language
communities has been fundamental to success.
Our Mokuola Honua, Global Center for Indigenous Language
Excellence, was developed as a gathering place, both physical
and virtual, to foster collaborations on a wide range of
indigenous issues and strategies, all of which are grounded in
strong language fluency. The Consortium had organically been
developing strong relationships with other indigenous
communities engaged in language efforts since the 1980s. These
informal efforts were born out of necessity due to the limited
resources that are typically available to indigenous language
efforts as well as the small numbers of those actively pursuing
such initiatives.
The Center's goal is to provide structure, purpose, and
space to create a national and international network supporting
indigenous language revitalization globally, and it is housed
here at Hale`olelo.
In conclusion, support for the integration of `olelo
Hawai`i as a practical language of capacity and prominent high
impact and high visibility domains, such as media and science
and technology are critical to the ongoing relevance of our
language to have it actually [phrase in Native tongue] or to
live and be used in our community. This in turn solidifies the
broader context for support and normalization to ensure our
language schools and programs thrive.
And our ability to continue to engage with and support the
language revitalization and normalization efforts of our
indigenous cousins nationally and internationally will allow
for accelerated success as a global collective, impacting these
individual communities and precious [phrase in Native tongue]
here in Hawaii and around the world.
Mahalo nui loa [phrase in Native tongue.]
[The prepared statement of Ms. Kalili follows:]
Prepared Statement of Amy Kalili, Partner, Pilina First LLP
E ka Luna Ho`omalu `o Schatz, ka Hope Luna Ho`omalu `o Murkowski a
me na lala a pau o keia komike, aloha nui kakou and mahalo for this
opportunity to speak with you regarding funding and program access for
innovation in the Native Hawaiian Community, particularly as it relates
to the renormalization of our Hawaiian language in its homeland.
My name is Amy Kalili. While my `ohana Hawai`i hails from Pa`ala`a,
more commonly known today as Hale`iwa on the north shore of the island
of O`ahu, I grew up right here in Hilo Hawai`i. I have had the
privilege of being involved in the Hawaiian Language movement since the
1990s. My mentors and the programs that nurtured and cultivated my
fluency now occupy this very building we are meeting in today and they
continue to be at the tip of the spear, leading a movement that has
become a national and international model of indigenous language
revitalization.
Although the Hawaiian language medium schools--that my colleague
Namaka Rawlins will speak to at length in this hearing--were
established well after my formative years, I did ``grow up'' in and
around these efforts starting early on in my college years. From the
undergraduate (BA Business Administration, BA Hawaiian Studies) and
graduate (JD/MBA) degrees I have completed, to the positions I have
held and businesses I have built and run in my professional career, all
were motivated by an aloha and commitment to uplifting our `olelo
makuahine. The goal of E Ola ka `Olelo Hawai`i--the Hawaiian Language
Shall Live--is an audacious one, but one that changed my life and
thousands of others who are a part of our aukahi `olelo Hawai`i, our
Hawaiian language movement.
Success of Native Language Schools and Programs Dependent on Broader
Reach and Awareness
My testimony is an extension of Namaka Rawlins' testimony--
highlighting the P-12 segment of our Hawaiian language medium schools--
as well Keiki Kawai`ae`a's--which focuses on higher education and its
crucial role in resourcing the P-12 programming. While I have worked
alongside both Namaka and Keiki at the `Aha Punana Leo and Ka Haka `Ula
o Ke`elikolani Hawaiian Language College, as well as Ke Kula `o
Nawahiokalani`opu`u, my more recent endeavors have taken me a step away
from this core Hawaiian Language Consortium \1\ out into the broader
community, advocating for and supporting language efforts there.
---------------------------------------------------------------------------
\1\ The Hawaiian Language Consortium partners include the `Aha
Punana Leo, Ka Haka `Ula o Ke`elikolani Hawaiian Langauge College, Ke
Kula `o Nawahiokalani`opu`u, and the `Imiloa Center.
---------------------------------------------------------------------------
While the P-12 schools are the driving force of the Hawaiian
language movement, the movement is more than a collective of children
in schools. It is a collective of people, young and old, many with
keiki, mo`opuna, and nieces and nephews in these schools. Many are
parents who have gone back to school themselves to become teachers and
administrators. There are `ohana who have learned alongside each other
to engage civically in order to change and promote policy in support of
the movement. And we also have our graduates who are well into their
careers using and applying `olelo Hawai`i in those settings and many
now raising their own children, completing and continuing the cycle.
At the core of this movement are the `ohana whose keiki are in our
schools and they are pursuing `olelo Hawai`i as the primary language
for their homes. As that core continues to grow, the concentric rings
that ripple out from that core are growing as well. Those rings include
individuals and `ohana who know some Hawaiian words and phrases or are
even learning `olelo Hawai`i but will never reach a high level of
fluency. They run businesses and organizations that use `olelo Hawai`i
in some capacity. There are thousands more who support the movement in
other ways. They give financially. They support and pass policy
measures necessary to ensure equity and parity for these language
programs. They lend their celebrity and influence to elevate the
perceived status of the language. They provide platforms and
dissemination mechanisms to extend the capacity, reach and impact of
our `olelo Hawai`i. Whatever their specific contribution, these outer
rings of engagement and support are fundamental to the movement overall
and to the ultimate success of that core group of students, `ohana,
teachers, professors, curriculum developers, and administrators in the
Hawaiian language medium schools.
I have had the honor and privilege of being a part of that core
group, as a student and lecturer at this Hawaiian Language College, a
student-teacher at Nawahiokalani`opu`u, and in multiple capacities at
the `Aha Punana Leo including Executive Director. However, my work
outside of that core group--currently in media and communications
alongside partners and clients who see and embrace the value of a
living language here in Hawai`i--has been just as critical as my time
spent in the core of the movement.
The perceived relevance and capacity of `olelo Hawai`i as a living
language to be used in all sectors of Hawai`i is fundamental to the
long-term success of our language schools and programs. This relevance
will either be cultivated or diminished in the larger context of the
movement and Hawai`i overall. Next year, 2023, will mark the 40th
anniversary of the `Aha Punana Leo. We have educated thousands of
kamali`i and `opio entirely through Hawaiian. Many of them are now well
into their careers, some gaining high-paying positions not in spite of,
but because of, their fluency in Hawaiian and the perspective and
worldview that comes with that. Yet, it was just a few months ago in
casual conversation about the schools and programs that one of our
policymakers here in Hawai`i asked what the real value of having these
children educated in `olelo Hawai`i was. That is an awareness,
perception, and status issue; an issue that has unfortunate
implications for the long-term support for the language schools and
programs regardless of the amazing work being done therein.
Whether for the benefit of our political and community leaders or
our own `ohana, and especially our `opio and keiki, it is imperative
that we support the use of our native languages in the domains that
affirm that it is a language of capacity.
Supporting Use of Language in Media
One of the most important domains for language presence is media,
both broadcast media but also new media. The ubiquitous nature of media
makes it such that if we do not embrace and harness its power to our
benefit, it will become an immense barrier to the normalization of our
native languages. Media has a significant potential to contribute to
language revitalization. It can help address the issue of prestige and
status, but can also help expand the use of the language into other
domains including government and business, and can also support
language learning itself.
`Aha Punana Leo's long-standing partnership with `Oiwi Television
Network--and its key partners including Paliku Documentary Films,
Makauila Inc., and Pilina First--blazed a trail in this area back in
2008 with our `Aha`i `Olelo Ola news programming on Hawai`i's CBS-
affiliate, Hawai`i News Now. It was an honor to anchor, produce and
write for that programming as I got to amplify the stories--to multiple
thousands of Hawaiian speakers and non-speakers each morning and on the
weekends--about the amazing work being done in our communities. This
platform also gave us an opportunity to bring a different perspective
to issues impacting not only the Native Hawaiian community, but Hawai`i
overall. It was even more rewarding because I got to make the
connection, firsthand, to how this work in media, in the broader
landscape of the language movement, had a direct impact on the work
being done in our language schools and programs. We still to this day
have students and parents approach us to say how seeing Hawaiians on
TV, more so speaking Hawaiian and using Hawaiian in that way, was a
game-changer. It broadened the imagination of our community in terms of
what is possible and how our language can and should be used. Even more
satisfying is watching programmings like the Merrie Monarch broadcast,
the largest locally produced show, where the talent is not only able to
speak about this traditional practice of hula in both languages but
each and every commercial break includes spots done in Hawaiian;
commercials by businesses who understand the added economic value of
connecting with our community and our culture.
Unlike many of our indigenous cousins around the world, however,
our native language broadcast programming does not receive stable
government funding, state nor federal. This is in stark contrast for
example to the Maori broadcast efforts in Aotearoa that receive upwards
of $40 million annually and the Welsh initiatives that receive well
over 80 million pounds annually.
Ongoing Support for Bilingual Science and Technology Programming
The `Imiloa Bilingual Science Center--located just across the road
from where we are gathered here at Hale`olelo--is another key partner
in the Hawaiian language consortium working to uplift and normalize the
use and relevance of Hawaiian language in areas of cutting-edge
technology. `Imiloa is an informal science center; the only Hawaiian-
English bilingual center of its kind. It was envisioned by the late
Senator Daniel Inouye to bring Hawaiian culture and science together.
One of `Imiloa's recent initiatives that brought our language front
and center in the world of astronomy and landmark discoveries being
made therein is the A Hua He Inoa program. Meaning ``to bring forth a
name,'' A Hua He Inoa is a collaborative effort led by `Imiloa that is
shifting global paradigms, positioning Hawai`i as the first place in
the world to weave traditional indigenous practices into the process of
officially naming astronomical discoveries. As we celebrate 40 years of
revitalizing `olelo Hawai`i, this is yet another acknowledgment of the
capacity and relevance of `olelo Hawai`i--and the world view that it
informs--in modern contexts.
The program creates a context where Hawaiian-speaking students are
immersed in knowledge from `olelo Hawai`i experts, education leaders,
and top research scientists from Hawai`i's astronomical observatories.
They peer into the world of scientific research, learn about the recent
discovery of celestial bodies, and expanded their understanding of the
vital relationship, and role, of tradition and culture in modern-day
science.
Building on the impact that this integrated programming has on our
haumana when they are given skills and platforms that reiterate the
relevance and importance of their fluency, we will be combining the
media efforts of `OiwiTV and `Imiloa's work in science and technology
this fall. We will be developing coursework in digital storytelling to
be delivered at the Hawaiian Language College. These will be dual-
credit courses whereby Nawahiokalani`opu`u high school students can
enroll in the courses and receive both high school and college credits.
We will be teaching storytelling, news writing, dissemination and
distribution strategies, along with components of production work, data
visualization, animation, and exhibit development, all through the
Hawaiian language.
While these and other Consortium initiatives are made possible by
creative collaboration and funding, having stable streams of support
for innovative program development like this is critical to the
continued success of the Consortium's work.
Support for Cross-community Collaboration
From the early advocacy efforts to simply affirm the right to
educate our children in their native language, to the ongoing
development of educational programming, and then our delving into media
and even these science and technology endeavors, collaborating with
other indigenous language communities has also been fundamental to
success.
Our Mokuola Honua: Global Center for Indigenous Language Excellence
was developed as a gathering place--both physical and virtual--to
foster collaborations on a wide range of indigenous issues and
strategies, all of which are grounded in strong language fluency. The
Consortium had been organically developing strong relationships with
other indigenous communities engaged in language revitalization efforts
since the 1980s. These informal collaborative efforts were born out of
necessity due to the limited resources that are typically available to
indigenous language efforts as well as the small numbers of those
actively pursuing such initiatives.
The Center's goal is to provide structure, purpose, and space to
create a national and international network supporting indigenous
language revitalization globally and it is housed here at Hale`olelo.
Mokuola Honua has hosted symposiums engaging representatives from
indigenous communities around the world. The Center has also developed
and delivered programming for high school and college students to
broaden their understanding of international language efforts and what
it is like to advocate at the United Nations for indigenous language
rights; advocacy efforts that increase their own understanding and
appreciation for what they are fortunate to be a part of here at home.
Mokuola Honua has also supported candidates in the College's Masters
and Ph.D. programs from other indigenous communities allowing them to
earn these degrees in a program focused on the language work they do
with their own people. The Center is also an extension of the work that
`Aha Punana Leo has done for decades in welcoming other peoples to
visit and learn from our programs here in Hawai`i.
Conclusion
Mahalo nui loa again to you all, e ka Luna Ho`omalu `o Schatz, ka
Hope Luna Ho`omalu `o Murkowski a me na lala a pau o keia komike, a
peia pu ia `oukou e na limahana kako`o for this opportunity to share
some of the work we are intimately involved in. I leave you with a few
points to consider as it relates to areas of needed support for the
broader context of the aukahi `olelo Hawai`i that are vital to the
success of our core language schools and programs.
1. Dedicated Hawaiian language media funding streams will allow
us to harness the ubiquitous nature and power of this domain,
affirming the status, relevance, and capacity of our language.
This will address the issue of prestige and status, but can
also help expand the use of the language in other domains, and
can also directly support language learning through the
delivery of educational content and curriculum to even more
learners.
2. Dedicated funding that supports continued innovations in the
integration of language and culture in science and technology
in meaningful, practical ways is another means to affirm the
capacity of our language and the place of our worldview in
modern contexts.
3. Dedicated resources for the ongoing collaboration on
research, innovation, and program development across indigenous
language communities will allow us to continue to visit, lean
on, learn from and share with each other.
The Chairman. Mahalo to all of you. Incredible information.
Just the way we are going to work, my staff is taking notes,
this is going to be part of the official hearing record. I want
to reiterate, hearings can be a little performative, actually
they usually are performative. I see members back in the Senate
come in, do their five minutes, post it in Instagram. That is
not this. This is to figure out what we can all do together.
So I am going to give you a few minutes of advance warning
about kind of the main question I want to ask each one of you.
What are your recommendations? What can we actually do for you?
If you can be as specific as possible, I want to make sure we
have our marching orders from you.
While you are thinking on that, I wanted to start with Ms.
Kalili, and just think about the normalization and
popularization of the Native Hawaiian language everywhere. I
was thinking about the bank machine in Hawaiian now, and I
think the Star Advertiser does it as well. So lots of it is
happening.
The question is twofold. What is next? What is the next
level of normalization, so that it becomes commonplace and not
just, oh, that is neat that they did that, but rather, it is
expected that they do that. Then, do you have any concerns, how
do you balance that against outside forces who may want to
commercialize or own or even bastardize the use of language and
culture? In a way, it is a high class problem to have lots of
people enthused about the Native Hawaiian language. But it does
strike me that it could be a problem if you have international
corporations who want to monetize this without, you know,
nothing about me without me. Some of these folks love to make
decisions without us.
So what are the next steps in normalization and
popularization of the Native Hawaiian language, and how do we
balance against people who may not share our values?
Ms. Kalili. Yes, acknowledging off the top that it is a
delicate dance, if you will, I think personally as it relates
to normalization, absolutely continuing, being able to develop
that core of our movement that I was talking about, in the
schools and the graduates that are coming out of them, we have
come a very long way in the last, it is going to be 40 years.
We now have graduates who have come out of our programs.
That in and of itself is key to normalization because you
have literally a new generation of humans walking around who
are speaking Hawaiian and using Hawaiian in a much more normal
way than would have occurred actually 40 years ago. I think it
is also about this cycle of now we have these graduates who
have their own keiki. I remember, I don't know if it was your
moopuna keiki, but I remember having a conversation with a
parent or a moopuna about their keiki, we had gotten to the
place where when they are born, if they are fortunate to be
born in a Hawaiian-speaking home and have access to a punana
leo and to the infant-toddler program, there may very well be
at this point a time period where they think everybody in the
world speaks Hawaiian. Then they figure out that, oh, gee, not
everybody does.
That is huge. That is a bummer probably for that child. But
as a measure of how far a movement has come, that is huge. And
that is all of that to say I think that is definitely a step
toward normalization.
But I do think definitely what we are seeing as `olelo
Hawai`i starts to make its way into other domains and how
strategic we can be about assisting the sustainability of that
is also key. Again, to my point in my comments about the use of
media, it is there. It will be there whether we like it or not.
Media is all around us all the time.
So being able to make use of `olelo Hawai`i in that domain
is huge as well, because it does, it just starts to become a
little more normal. Even for myself, and I admit that I am part
of the forest, I am in the forest of `olelo Hawai`i-speaking
trees. So initially, however, when I would hear another
Hawaiian speaking person and I didn't know, that was huge for
me. I would be like, wow, what is that.
It has gotten to the point now where it kind of doesn't
phase me anymore. I think that is also part of my
normalization, just hearing it. I am thinking of an example
right now, and no, it is not my voice on the plane, but when I
hear other----
[Laughter.]
Ms. Kalili. Not talking about that voice. But when I hear
other flight attendants just naturally speaking Hawaiian on the
plane, that is another example, I think, of normalization. So
just being able to have it used in other domains is huge.
To your second point about outside forces, not joking, I
think we are also fortunate to have so many smart, educated
Hawaiians in our community who are literally papered up. We
have individuals with degrees, we have attorneys, Native
Hawaiian IP attorneys is where I am going to with this. I think
we are fortunate because of that. I definitely personally, I do
not think that we should shy away from having our language be
used in other domains, even if it is by, as you mentioned,
corporate entities. But I think the onus is on us to do it in a
way to make sure that we have the resources shored up that can
support that and make sure that it is done well and done
correctly.
But I definitely think, again, to reiterate, I don't think
it is something that should cause us to step back.
The Chairman. That is great. I just think it should be
intermediated by Native Hawaiians.
Ms. Kalili. Absolutely.
The Chairman. So let's start with Ms. Rawlins. I think this
might also be for Dr. Kawai'ae'a. What I know about Nawahi is
that you have done a fair amount of conferences and trainings
with other Native communities that may be in a different phase
in terms of the revitalization of language. I am wondering if
we can talk specifically about what you have been up to and
also more generally for the Committee purposes, when we were
contemplating, frankly, a bigger piece of legislation last
fall, we had some pretty big plans in the language space across
Native American Indian tribes and Alaska Native tribes. We were
very excited.
Now, we are probably going to have to do this in increments
instead, rather than getting all the money all at once to
establish this. But I still want to think through, what is the
structure of making sure that it is organically generated from
individual and Native communities. But also you learn a ton,
right? And how do we share that with other Native peoples
across the Country?
Ms. Rawlins. So what we have been doing, we have been doing
this for many, many years, and that is to host. We have been
hosting Native American communities to come and visit with us
at our campus. On our campus we are able to demonstrate, we
call it the model, we are able to have the private non-profit,
Punana Leo, with our infants and toddlers program, then into
the charter K-8 Nawahi, then into the 9-12 DOE immersion. So
right there is a demonstration of private and public education
systems where the children are able to get educated, be
educated there.
So we have hosted from many tribes the welcoming and then
being able to visit classrooms, sit down with us, and we
discuss with them, this is how the program here at the
university, the doctorate program, was able to bring an
outreach to these individuals who are in their community that
are now driving their own revitalization efforts in their own
languages to be able to work back here with our college.
Because they have come through and were able to see what the
possibilities are. They come back again and again. Every time
they come back, they always say they keep learning more.
Because you can't do it all, the 40 years in two days. So they
keep returning and they want to know more, and how do we do
this. So we have been doing this for many years.
So I think what we saw when you were talking about the big
Native American language, what we were wanting to see in
potential legislation that was coming forward, it was being
able to get, ensure the protection of our Native American
languages. We want to have the protection in any kind of
legislation that came out that would be protecting our Native
American languages. These are small. We are not big
governments. We could get run over by the big governments.
So all the funding that we currently have is through
competitive, it is competitive funding. We don't even have the
space to open up to protect our Native American language nests.
We are talking about the nests [indiscernible] that would
actually prioritize because if it is that important to us then
it becomes prioritized, then the funding does reach into the
community and not get swallowed up by the government agencies
or what have you.
So it was talking about how funds that might have reserves
for these types of programs, and that we would be able to have
access into the funding mechanisms that were being talked about
and discussed at that time.
The Chairman. It seems to me that we have done a little
better. I remember one of the first projects that we had was to
kind of educate the U.S. Education Department about what you
were up to and make sure that under Race to the Top that we
were still compliant. But we actually got through that little
labyrinth together.
I imagine that it continues. I would just ask you to
continue to ask us to oversee. It is DOI sometimes but it is
also U.S. Ed to make sure that they get it. Even when we have
established public policy, either through law or rule, that
doesn't mean that individual person at the Education Department
who is administering a competitive grant program knows where to
put this. That is often the difficulty, that there is not a
tribe. There is a trust relationship, not a treaty
relationship. Once you are talking like that with an education
analyst somewhere in Washington, D.C., you are already behind
the eight ball trying to explain not just Hawaii but Hawaiians
and Hawaiian history and statute and laws and our obligation
and the overthrow. They are busy.
[Laughter.]
The Chairman. But we do need to continue to educate them,
because that to me is one of the big challenges. We can make
good policy, but sometimes where the rubber hits the road, they
are still not listening to you and they still don't know where
to put you.
Dr. Kawai'ae'a?
Dr. Kawai'ae'a. You have made some really good points. I
think one of our biggest challenges is really fitting into a
box that we don't fit into. Our needs, several of the points
that I mentioned, the structure, the fact that we are not
tribal, and yet the grants are going to different offices that
we can't apply for, for example.
The Chairman. Can I ask you a quick question? I think you
were particularly interested in where the administration of the
grants occurred. Can you flesh that out? I think I get it; I
think you want people who are a little closer to Hawaii to
oversee these grants. What do you mean by that?
Dr. Kawai'ae'a. I will give you an example. There are
immersion funds that are available, they are housed in the
Office of Indian Education. The language reads in Native
Hawaiians included, but yet as they are administering it,
Native Hawaiians aren't able to apply for those. So there are
some glitches in the system with how and where they are
assigned in the administration. I think even some of the
interpretation, that may meet or not meet the true intention of
the bill.
The Chairman. Thank you for that. We experienced this with
some of the ARPA funds going to the Department of Hawaiian Home
Lands, just for example, where the statute was clear and the
appropriation was there. Then they made DHHL apply as if it was
competitive grant funding. And there is no other agency
specified in the statute.
So two things. First, we are always willing to
troubleshoot. But I also think it would be valuable for us to
try to anticipate some of these problems and get on the phone
in a consultative way to kind of walk some of these folks
through what was intended by the statute and what you are up
to, so that you are not just kind of in hand-to-hand combat
with someone who holds your ability to get funding over you.
You can kind of overdo it, if they are always hearing from
the Senator's office. They may shut us all down. So we have to
be respectful of your need to have good line-to-line working
relationships. But let's be in contact. I don't mind
troubleshooting, but I would love to get in front of some of
the trouble.
Ms. Nae`ole-Wong, I want to talk to you a little bit about
the sort of, I call it experiential learning, service learning,
field stuff. When I was young, that was my first job. I started
a non-profit, and everyone was talking about environmental
education. I didn't have the technical background in
environmental education. So my philosophy was essentially why
don't we just get a bunch of kids out and they can help
wherever there is a need, pull weeds, plant trees, stabilize
soil. The learning will happen organically. I didn't honestly
have the background to develop lesson plans. So I just went to
schools, recruited them, and then referred them to agencies
that needed bodies.
So I am always captured by the idea that someone can learn
science through culture or culture through science. So I am
wondering if you could talk a little bit more about what you
are doing there, and what are the plans for expansion? How can
we help?
Ms. Nae`ole-Wong. Thank you so much for the question,
Senator. I think one of the things is just taking a look and
hearing about this wonderful past three decades of Hawaiian
medium education, and thinking about the broader Hawaiian
culture-based education. I think of the time that we were
growing up in school, there was just this false dichotomy that
there were academic things and there were cultural and
linguistic things. There was a dichotomy. And that is a false
dichotomy.
So I think that what we are trying to do is to be able to
use our culture and our linguistic abilities to be able to
teach and educate our students and use that as an edge for the
future. So taking a look at the unique interests and purpose of
each individual child and student, providing an education that
is student-centered around that, to develop their unique
interests and to be able to give them hands-on experience in
'aina, across the pae`aina, be it students on the campus or
students beyond the campus, to be able to have those
connections, be connected to the stories and the mindsets of
our kupuna, that come through language, that come through
mo'olelo, to be grounded in those mindsets, to be prepared for
the future.
The Chairman. Thank you for that.
Okay, now my original question, which I warned you about. I
will start with Ms. Rawlins. If there are one or two things
that you want these people who do all the work to know and to
work on going out of this hearing, what might it be?
Ms. Rawlins. I like what you said, to get in front of
things before they kind of hit. So in preparing for future
legislation, I would like to ensure that our Native American
language programs are protected. That means that in any
opportunity that becomes available, that we would have an
opportunity to, if there are reservations that need to be set
aside for these programs or a block, whatever they call it,
some kind of stable, it is all about stable funding, so that we
can ensure that our teachers, when we talk about having
teachers that we can count on, that we would have the funding,
that we can count on the teachers, we can employ them and they
can count on having this employment and not having burden for
us in the child care and early child education and not have
that burden on the families so that we can help our families,
grow our teachers, and be able to help in that way.
The Chairman. Ms. Nae`ole-Wong?
Ms. Nae`ole-Wong. KS has been providing, has been
privileged to not only serve the students on our campus, but
the 93 percent of Native Hawaiians that are on our campus and
has been privileged to partner with the 17 public charter
schools that we serve, an additional 4,000 students, support
and partner, 34 additional organizations to offer [phrase in
Native tongue] Hawaiian culture-based education opportunities
during intersession and summer breaks, providing preschool
scholarships, serving an additional 1,200 keiki via Hawaii
Keiki Scholars. And we support over 1,000 Native Hawaiian K-12
students with scholarships to private schools across the State.
At the higher education level, we have partnered with two
private universities to jointly provide full scholarships and
wraparound support to ensure strong student traditions,
retention, and completion. But when I take a look at all those
partnerships, it is really, really evident to us, echoing what
the [phrase in Native tongue] here have already said, is that
equitable State and Federal funding for these Hawaiian culture
and Hawaiian language based programs at the State and Federal
level is what is essential in order for our entire [phrase in
Native tongue] to thrive.
The Chairman. Thank you. I now just observe that because of
the history of Kamehameha Schools, and the IRS and all of that,
I think there has been a caution on behalf of KS but also on
the part of Federal officials to engage. I think it is okay to
engage. Not that we don't meet and talk. But I do think there
has been a sense that maybe we give each other a little space
for udnerstadnable historic reasons. But that is behind us now,
and we would love to strengthen our existing partnership. Thank
you.
Doctor?
Dr. Kawai'ae'a. One of the most important things, I think
the strategy that has worked really well, and one of the
reasons why we have so many Native indigenous people in the
Nation, in the world coming to visit us here in Hawaii, is our
work around language revitalization that has recentered its
focus in family and community.
So bringing families into the fold of education has been
very important. To that point, there have been many families
that have come in and come into teacher education, to be part
of that solution. It is an area of great need. I think for
revitalizing Hawaiian language and any indigenous language
education has been a huge successful strategy in doing that.
Yet it is the most challenging and endangered language.
Learning an endangered language at levels you can use across
multiple contents and the training that teachers need is huge.
But the result and the investment in that is a game changer
in terms of re-centering families and community vitality. So I
am really concerned about the teacher education area, because
our teachers, teachers across many of the three indigenous
groups in the U.S., are also involved in revitalizing highly
endangered languages that are treasures for the United States,
that are treasures for our peoples in our [phrase in Native
tongue] land.
But it takes levels above that, because now they have to
have the language, the content knowledge, all the necessary
skills and the licenses. It is a struggle for them. I think we
need to have a lot more investment in teacher education that is
really centered in the way that we need to do that in
revitalizing our languages.
The Chairman. I forgot to ask you this specific question
about the shortage. You said 75 to 100?
Dr. Kawai'ae'a. Right.
The Chairman. Does that compound every year?
Dr. Kawai'ae'a. It is compounding every year. COVID has
made a huge hit and our numbers have increased tremendously
during the last two years of COVID.
The Chairman. Learning a language on Zoom is--I am not
going to say impossible, but not easy at all.
Dr. Kawai'ae'a. Absolutely. I give them so much credit.
They put so much heart and soul into the work. It is more than
teaching, it is revitalizing families and communities by
grounding them through our language and culture. To do that,
they need to do all the other teacher preparation things in the
content areas and methodologies, and knowing how to work with
families. So they are in school longer, the proficiency levels
that each individual person, their journey they need to take,
is a little bit different.
So our programs, in order to meet those needs, have to be
really super-rigorous. I don't think the scholarship packages
are long enough to ensure that we will be able to support them,
to learn and revitalize, to learn their language proficiently
enough to now take it into the education field. What in fact we
are seeing in Hawaii is Hawaiian language is increasing. We
know that it is going through a language shift, it has gone
through a language shift. We now have very few Native speaking
kupuna; I can count them on my hands and toes now. But we have
a whole generation of first speakers that were raised by second
language speakers.
So there are some changes, and different kinds of needs.
The Chairman. I suppose the sign that things have their own
momentum is that there is a generation of kids who learned
Hawaiian not int eh classroom.
Ms. Rawlins. Yes.
The Chairman. Right.
Dr. Kawai'ae'a. Bringing that into the family across three
generations, that is healthy vitality. Education has been a
major strategy in that success. So, paying attention to teacher
education, helping to support building critical mass of
Hawaiian language speakers means that it doesn't only impact
education but it now starts to roll in many of the other
workforce fields that are seeing in Hawaii.
The Chairman. Thank you. Ms. Kalili?
Ms. Kalili. Listening to everybody respond, and I don't
know that I have something specific to that, is separate from
what has already been said, from what Namaka said about the
ability to have resources, Federal resources, and I don't know
what the answers to these are, that is what all the smart
people figure out, that isn't competitive. I think that
overlays with what I hear Keiki saying. It resonates with me
because I was one of those people who was in school forever.
I think it partly is, it is applicable to a whole bunch of
things. I am going to get to my immediate point as well. We are
trying to excel, when we are talking about education and
academics, we are trying to provide an excellent academic
opportunity for these keiki and these ohana. But we are trying
to do it through a language that we are revitalizing at the
same time that we are trying to provide this excellent
education.
I think there is enough examples, thankfully, because we
are so far into it, to show that it can be done. It is very
successful, and has positive impacts well beyond academics.
To the extent that we can figure out ways to carve out
resources or to talk about that kind of programming that has
this complex additive to it, and I have no idea what that is
legislatively or otherwise but totally willing to work on it
with people to figure that out, that would be just a huge
support for the Hawaiian language movement.
Not being one of the founders, I constantly give them props
for the creative nature with which they have done all that they
have done. But to have opportunities that allow us to not have
to be that creative in terms of resourcing but in actually
growing and expanding these impactful programs would be huge.
I have a similar comment about media. I say it all the
time, I have a love-hate with our relationship with our modern
cousins, and I use them as an example all the time and I did in
my testimony about the type of funding that they get from the
government. I know that that is a very different relationship,
the relationship that they have with their government and ours
as Hawaii.
But figuring that out, and I don't know what agency and
what approach that might be, but to figure out a way, whether
that is through whatever agency's impact, CPB, we can get into
the minutiae which I won't right now. But there are certain FCC
regulations that have impacted our ability to garner funds
locally on a State level.
So again, trying to find those creative ways where we can
garner Federal support for indigenous language media
programming, whether that is broadcast media, new media, would
be huge.
The Chairman. I want to thank all the panelists for their
extraordinary work, and their great testimony. This feels like
a culmination of a lot of important work that we have already
done together, mostly you guys, but we try to be as helpful as
possible to you in doing your work. It is a culmination of
decades, really, of work. It is also to me a restarting of this
relationship, even people I know, even people with whom I
believe I have a strong existing work relationship with. It is
like a renewal of this and a rededication.
To see you, you are talking about the founders, to be able
to see that all in one's mind's eye and say, this is going to
happen, there are going to be kids speaking Hawaiian, there are
going to be bank machines in Hawaiian, there is going to be
news in Hawaiian, was a gutsy vision back in the day. Now that
it is happening, I think we owe that generation, not just a
debt of gratitude, but an additional effort to go that
additional step.
I want to thank you very much. I have no additional
questions. I want to thank our first panel of witnesses for
your testimony. You may receive follow-up written questions for
the record from me and other members of the Committee. This
panel is excused.
Now we will take a brief recess while we switch out panels.
Thank you very much.
[Recess.]
The Chairman. The Committee will come back to order. We are
really pleased to have an extraordinary second panel of
witnesses. Without further ado, I would like to introduce our
three panelists.
First, we have Ms. Luana Kawelu, President of the Merrie
Monarch Festival. Then we will have Dr. Noa Kekuewa Lincoln,
the Advisor to the Hawai`i `Ulu Cooperative, and Research
Professor at the University of Hawaii. Finally, we have Mr.
Kuha'o Zane, Creative Director at Sig Zane Designs and on the
Board of Directors at the Edith Kanaka`ole Foundation.
I will remind our witnesses that your full written
statement will be made part of the record. We are going to, as
you know, do this formally enough so that it still can be
considered a hearing, but informally enough so that we can have
an exchange of views and really learn from each other.
Ms. Kawelu, please proceed with your testimony.
STATEMENT OF LUANA KAWELU, DIRECTOR, MERRIE MONARCH FESTIVAL
Ms. Kawelu. I am glad you said that because I am here to
talk story with you.
The Chairman. Good.
[Laughter.]
Ms. Kawelu. My name is Luana Kawelu. My parents were Ronald
Saiki and Dorothy Thompson. I was raised by my grandparents,
and from the hospital I was taken home by my grandmom and
raised by her in Keaukaha. I have three children, Colleen
Kawelu, Albert Kawelu, Jr., Cathy Kawelu, all who volunteer at
the Merrie Monarch with me. They have no choice, like I didn't
have a choice.
[Laughter.]
Ms. Kawelu. So now I am going to talk about the history of
the festival. When I first talked to your team, I told them
about the history. I said, that is all I can say. And they
still invited me to come and tell you the story.
So in 1963, the chairman of the county of Hawaii, which is
comparable to the mayor now, wanted to get some kind of
economic boost for the county, because we were just devasted by
a tsunami in 1960. So she sent two of her administrative
assistants to look for something that would boost our economy
here and sent them to Maui, because there was a festival on
Maui, the Maui Whaling Spree, that was doing good at the time.
So Gene Wilhelm and Uncle George Na'ope were sent over
there to see what they could bring back to start and help the
economy here. When they came back, they decided to do a
festival on behalf of King David Kalakaua. So that was in 1963.
The first festival actually happened in 1964. It included,
Uncle George's forte was coronation and pageantry. So he
depicted the coronation of King Kalakaua. We also had King
Kalakaua beard contests, look-alike contests. We had a
barbershop quartet, we had relay races in which mullets were
the batons. We actually had a bike race, I don't think even
Hilo people know about it. It was a race from the King
Kamehameha statute in Kohala all the way to Kilo. That was
something. Pete Beemer was the one who wanted that race to go
on. We did it.
We also had the grog shop, with everybody happy in Hilo. We
also had exhibition hulas. Merrie Monarch was put together by
the county, sponsored by the county, the Hawaiian Island
Chamber of Commerce, the different chambers of commerce, the
Japanese Chamber of Commerce, and the Big Island Business
Bureau.
In 1965, with the new election, the county pulled out as a
sponsor. So it was kept on by the Hawaii Island Chamber of
Commerce. They were the ones that named a chairperson for the
event. That continued until after the festival in 1968. The
chairperson stepped down, nobody wanted to come forth to do it.
Also, I think the lack of interest in the festival was a big
part of that.
So my mom stepped forward in November of 1968 and
volunteered to chair this festival. She was working for the
County of Hawaii Department of Parks and Recreation in the
cultural department, culture and arts. So the end of 1968, she
volunteered. She got together with Uncle George Na'ope, because
he was a hula master of his time, and asked him to come back.
She also asked Albert Nahalea to come back to tend to the
music, Uncle George would be the pageantry.
Through Uncle George's connections with the hula world, he
met the hula masters of Hawaii at the time. In 1970, she flew
to Oahu to meet with some of them. They encouraged her to have
a competition.
Then she met more of the hula masters to set up the
guidelines, the rules. Auntie `Iolani Luahine and Lokalia
Montgomery were part of that committee. Those are the rules
that we have tried to abide by until today.
So 1971 was the first real competition of the hula. That
was with nine wahine halau and the Miss Hula contestants. It
went okay, not too bad, from 1971 until 1976. Not too bad
meaning we had a hard time to sell, we sold buttons as entries
to come to the festival for $1. We had a difficult time in
selling those buttons. My mom told me stories about her and
Uncle George Na'ope frequenting the bars because the people in
the bars were the best people to sell to. They bought the
buttons.
So we got to sell our buttons and at times we even were, we
cut down the price. We would say to the schools, if your club
in the school would sell a button, we get 50 cents and you
folks take 50 cents. That is how desperate we were to get
monies to put the festival on.
Then in 1976, my mom decided to bring the kane halau in.
Then it took off after that. I guess everybody wanted to see
kane do hula. They had never seen it before probably. So from
there on, it just took off.
We are coming upon our 60th anniversary next year. In 1970
was when my mom met with those hula masters. They set new goals
which focused more, instead of the grog shop and the bearded
contest, more cultural stuff, the hula, arts and crafts, and
more of the things King Kalakaua wanted to bring back to
Hawaii. He really tried hard to bring that back during his
time. So because the festival was named for him, she felt that
was appropriate to go that way, with the blessing of all the
hula masters at the time.
The competition is just only one facet of the festival. We
have a craft fair, which the crafters that are affiliated with
the Merrie Monarch Craft Fair have to be vetted, that their
crafts have to be authentic Hawaiian crafts. We were saddened
that during COVID, a lot of the crafters are older, and some of
them used that time to make money for their families. So I was
very saddened to see that we couldn't do that for them for two
years.
But we have a parade also, which includes about 10,000
people that come to watch it. Also, with the craft fairs, ours
is the official Merrie Monarch Craft Fair. But we have about 10
craft fairs all around the city of Hilo that participate also
during the week of the festival.
I would like to read to you some of the questions that we
were given, we wanted to know what we would talk about. All I
know is the history of it. So I wanted to address this.
Some of the figures I will share with you are from the TV
station. So I am not too bright about computer stuff and social
medial. What figures and verbiage I say you will probably know,
but I am just telling you what the TV station gave me.
The festival's role in sharing Hawaiian culture beyond
Hawaii. The mission of the Merrie Monarch Festival is to
perpetuate, preserve, and to promote the art of hula and the
Hawaiian culture. We endeavor to develop and augment a living
knowledge of Hawaiian culture, arts and crafts through
workshops, demonstrations, exhibitions and performances of the
highest quality and authenticity.
In doing so, we seek to enrich the lives of all Hawaii's
people and beyond, including individuals who might not
otherwise have an opportunity to participate in the culture.
For example, the global reach of the festival is reflected in
our social media presence in 146 countries around the world,
including eight countries in Africa, Syria, Iraq, Japan,
Canada, Mexico, Germany, New Zealand and Australia.
When I told your staff about reaching those in Africa, I am
not sure if it was Brianne that told me, yes, that is the kind
of stuff we want to know. So the countries, just to let you
know, some of the countries in Africa that were represented
with viewers were Tanzania, Nigeria, South Africa, Egypt,
Rwanda, Ghana, Ethiopia, Somalia. We also had audiences in
Syria, Palestine, Iraq, Bahrain, and [indiscernible]. But we
have through the TV reached audiences worldwide.
The broadcast extends the reach from those in stadium each
night to over 750,000 additional Hawaii viewers on the TV
broadcast, plus online users, generating over 30 million
impressions. I don't know what impressions means, so you folks
can figure it out.
The Chairman. One impression is one eyeball seeing a thing.
Ms. Kawelu. Well, that made me kind of feel good.
[Laughter.]
The Chairman. Important.
Ms. Kawelu. Yes. Anyway, the festival's role in supporting
local artists and designers through our invitational arts and
crafts fair. The four-day long invitational fair, featuring
Hawaiian arts and crafts, is a huge draw in and of itself. I
know some people, this one lady who couldn't get tickets this
year, she is an optometrist in San Francisco. She wanted to
come, just to come to the craft fair.
We also have people from Oahu that I know of who fly up
specifically just for the craft fair. They don't come to the
hula shows. They fly up, they do their shopping and go home. So
the craft fair is very successful. Hopefully, all the other
craft fairs around town are successful as well.
The festival's greatest successes and challenges over the
last 59 years. Although longevity is one of our successes, we
have only canceled the festival once, and you know that because
I talked to you on the day that I canceled. That was because of
COVID. That was the only time. Otherwise, we have continuously
held the event every year since 1963.
This longevity is due in large support to the support of
the hula community. Every year, 20 some odd halau make the
commitment to come to Hilo to participate in the hula
competition. It takes them between $45,000 and $50,000 to come
to bring their halau here. That includes the air
transportation, lodging, food, local transportation, costumes,
it is amazing that they still want to come. My heart goes out
to them. That is why I will fight all the way for the halau and
the [phrase in Native tongue] is their passion and dedication
to their culture that keeps bringing them back. I am in awe of
them; how much love they have for hula and their culture that
they keep wanting to do this. I highly respect them for that.
Their sacrifice and their desire of other halau to participate
in the festival ensures the continuation of this event.
Part of the reason the halau want to come back to the
festival each year is because of our commitment to perpetuating
the traditions of hula and our support of the Hawaiian culture
and our community as a whole. We see this as one of our biggest
successes, providing a place for cultural practitioners to
showcase our living culture and the depth of knowledge that
still exists in our community.
Upholding our Hawaiian values and traditions are also one
of our greatest challenges today. We have meetings pre-festival
once a year with [phrase in Native tongue] and judges.
[Hawaiian name] is a judge with us for many, many years. So she
knows the challenges. A lot of times the younger people come in
and they challenge us, they want to change the rules. We want
to keep it as strict as possible to adhere to the traditions.
My retort to them when it comes up to the panel and to myself
is, why would I change rules that the hula masters gave us?
They were our masters, they knew more than us. So I am not
going to change. And if it has lasted for 60 years, why would I
be a fool and change it?
So my next retort to them is, maybe this festival isn't for
you.
[Laughter.]
Ms. Kawelu. But they still keep coming back. They want to
come back.
The hula masters who gave us these rules cautioned us to
hold fast to these practices and teachings of our elders and to
ensure that we don't stray from the path that was set forth
before us.
I thank you for hearing me out.
[The prepared statement of Ms. Kawelu follows:]
Prepared Statement of Luana Kawelu, Director, Merrie Monarch Festival
The Merrie Monarch Festival's Role in Supporting Hula
The beginnings of the festival did not include an emphasis on the
art of hula. It was actually an attempt by the Hawai`i County Executive
Officer, what we now call the Mayor, to revitalize Hawai`i Island's
struggling economy. In the 1960s the island was still recovering from a
devastating tsunami as well as the declining sugar industry. The first
5 years of the festival were organized by various island chambers of
commerce including the Hawai`i Island Chamber of Commerce and centered
around the pageantry of the Hawaiian monarchy, and the life of our last
reigning king, David La`amea Kalakaua. Activities like a coronation
pageant, a King Kalakaua beard look-alike contest, barbershop quartet
contest, a relay race, and Holoku Ball were part of these early years
of the Festival.
In 1968, declining interest from the public and the lack of a
chairperson from the chamber of commerce set the festival on a
different path, one that sought to replicate the work of Kalakaua by
gathering the best halau hula from around the islands, showcasing
Hawaiian arts and artisans, and ultimately celebrating a thriving and
resilient Hawaiian people.
Today, 59 years after the Festival's inception, we hold fast to the
goals set forth by our kupuna so many years ago. In 1971, encouraged by
the hula masters of the day, the Festival held a hula competition
featuring 9 wahine halau. 5 years later men were invited to join the
competition, and from that point the interest and excitement around the
festival grew. Today, we showcase up to 25 halau over 3 days of
competition, providing a platform on which today's kumu hula, who held
tight to the teachings of their kumu, can showcase their generational
knowledge. Many more halau await their opportunity to share their hula
traditions on the Merrie Monarch Stage.
However, the hula competition is just one facet of the week-long
Festival, which includes a free all-day Ho`olaule`a presenting hula and
music, mid-day hula performances at the local hotels, a 4-day Hawaiian
arts and crafts fair, and one of the longest parades in the islands.
All of these activities serve to perpetuate a multitude of Hawaiian
cultural practices, like hula, chanting, language, music, cooking, lei
making, weaving, carving, and pa`u riding
The Festival's Role in Sharing Hawaiian Culture Beyond Hawai`i
The mission of the Merrie Monarch Festival is to perpetuate,
preserve, and promote the art of hula and the Hawaiian culture. We
endeavor to develop and augment a living knowledge of Hawaiian culture,
arts, and crafts through workshops, demonstrations, exhibitions, and
performances of the highest quality and authenticity. In doing so, we
seek to enrich the lives of all of Hawai`i's people, and beyond,
including individuals who might not otherwise have an opportunity to
participate in the culture.
For example, the global reach of the Festival is reflected in our
social media presence in 146 countries around the world, including 8
countries in Africa, Syria, Iraq, Japan, Canada, Mexico, Germany, New
Zealand, and Australia. The broadcast extends the reach from
approximately 6,000 in-stadium attendees each night to over 750,000
additional Hawai`i viewers on the TV broadcast plus online users,
generating over 30,000,000 impressions.
The Festival's Role in Supporting Local Artists and Designers Through
Our Invitational Arts and Crafts Fair
The 4-day long invitational fair featuring Hawaiian arts and crafts
is a huge draw in and of itself. Some people travel to Hilo
specifically to shop at our craft fair, some come as far away as
California. Some Hawai`i residents will travel to Hilo for the day, to
come and take advantage of the opportunity to buy authentic Hawaiian
art at our fair. The fashion industry in Hawai`i is booming, and the
businesses of several of these designers were amplified by their
participation in our fair, as it is a major venue that draws thousands
of people to Hilo each year. We strive to present only authentic
Hawaiian cultural art and products, made by the artists themselves, and
vet their work before we invite them into the fair. This means that our
local businesses benefit from their hard work, and the economy in
Hawai`i benefits in turn.
The increase in visitors to Hilo during the festival week has also
created an opportunity for other Hilo organizations and businesses to
take advantage of the opportunity to attract patrons as well. Craft
fairs, music concerts, and food vendors pop up in Hilo during the week
of Merrie Monarch, creating further opportunities for local artists,
businesses, and organizations.
The Festival's Greatest Successes and Challenges Over the last 59 Years
Our longevity is one of our successes. We have only canceled the
festival once in our 59 year history, and that was for health and
safety reasons in 2020 due to the COVID pandemic. Otherwise we have
continuously held the event every years since 1963. This longevity is
due in large part to the support of the hula community. Every year two-
dozen or so halau make the commitment to come to Hilo to participate in
the hula competition, investing their time, energy, knowledge, and
resources to the endeavor. Their sacrifice, and the desire of other
halau to participate in the festival, ensures the continuation of this
event.
Part of the reason the halau want to come back to the festival each
year is because of our commitment to perpetuating the traditions of
hula, and our support of Hawaiian culture and our community as a whole.
We see this as one of our biggest successes, providing a place for
cultural practitioners to showcase our living culture and the depth of
knowledge that still exists in our community.
Upholding our Hawaiian values and traditions is also one of our
greatest challenges today. The temptation to relax some of our
traditions and rules, to cater to the changing whims of the times is
something that the hula experts who helped to establish the Merrie
Monarch Festival warned against. They cautioned us to hold fast to
those practices and teachings of our elders, and to ensure that we
don't stray from the path that was set before us.
The Chairman. Thank you very much.
Dr. Lincoln, please proceed.
STATEMENT OF NOA KEKUEWA LINCOLN, Ph.D., ADVISOR, HAWAI`I `ULU
COOPERATIVE; PRESIDENT, MALA KALU`ULU COOPERATIVE; AND
ASSOCIATE RESEARCH PROFESSOR, UNIVERSITY OF HAWAI`I
Dr. Lincoln. [Greeting in Native tongue.] Aloha kakou.
Thank you for the invitation and opportunity to present
today. I am sure my State employer would like me to clarify
that my testimony represents my own views as a Native Hawaiian
citizen and not those of my employer or affiliations.
If you will forgive me one second, I feel it is paramount
to begin with a reminder that the Kingdom of Hawaii, which was
a member of the Family of Nations, was illegally overthrown
with the assistance of the U.S. military, which has been
formally acknowledged but never addressed by U.S. public law,
and to state for the record that the highest pursuit of justice
would be to support the repossession of the approximately 1.8
million acres of Hawaii's ceded governmental lands to an
independent Native Hawaiian government.
This is particularly important in terms of agriculture and
our indigenous agriculture and food systems, where the greatest
barriers to our development remains the access to land and
water resources for the provisioning and growing of food.
Our traditional agricultural management, which cultivated
approximately 1 million acres to supply food and resources to
an order of about 800,000 individuals, was a manifestation of
our Hawaiian kinship worldview that considered humans and human
health as inseparable from the environment. Following colonial
influences in Hawaii, our economy came to be dominated by
plantation agriculture producing specialty crops for export
markets, which began to decline in the 1970s and was
subsequently replaced by tourism construction and military
spending.
Today, Hawaii is really a State of small farms. We have
over 7,400 farms in the State with 90 percent of those being
less than 50 acres. Our gross agricultural value is currently
about $550 million, largely for export, and dominated by a
small proportion of farms, about 10 percent of farms produce 90
percent of that value. Hawaii imports 85 to 90 percent of our
food supply, and we rely on the just-in-time importation
system, meaning that at any given point in time we have about a
three-day food supply stored in the State, putting us in a very
precarious place in terms of disaster resilience and food
security, and equating to about $5.9 billion in food imports to
the State every year, placing a drain on our economy.
We produce less than .5 percent of our staples locally.
Particularly our indigenous crops and indigenous staples are in
very low supply. Even our most critical and sacred staple of
kalo we still import because we don't produce enough with our
own State.
Local calls for food system reform, which have often been
led by Native Hawaiian leaders, focus on strengthening our food
security, resilience, landscape preservation of our State as
well as cultural revitalization.
I didn't focus on my own work so much, so I would like to
quickly highlight some general success stories to demonstrate
where I see key opportunities lying in terms of rebuilding
Hawaii's food system and Native Hawaiian wellbeing.
MA`O Organic Farms is the largest certified organic
vegetable producer in the State, with 100 percent of production
going toward local markets. Their approach, which is rooted in
Hawaiian epistemology, marries agricultural production to
community education, engagement, and health outcomes. This
approach has attracted a whole new generation of youth that
want to be engaged in working in agriculture. It has attracted
new sources of capital funders and investors, and built new
partnerships between our agriculture and health education and
social work.
The Hawai`i `Ulu Producers Cooperative is a farmer-owned
business focused on aggregating, processing and distributing
local traditional staples, providing an equitable democratic
process of engagement and revenue sharing while tackling our
lack of food security, particularly in that critical realm of
staple foods. The `Ulu Coop has leveraged its network of
farmers to achieve a scale of production and processing that
has allowed them to gain access to infrastructure and markets
that would not have otherwise been possible by individual
producers.
Ho`oulu `Aina operates a 100-acre farm and nature preserve
that supports community feeding, health and subsistence. What
is unique here is this organization operates on a lease of
State park. Such public-private partnerships could provide
unique access to land for local food services that directly
provide community benefit instead of private profit.
Da Bux is a local program funded through a combination of
private philanthropy and Federal funds that doubles the
purchasing power of SNAP EBT users if purchasing locally grown
produce, increasing access to healthy local foods for our most
disadvantaged populations who are disproportionately Native
Hawaiian and Pacific Islanders, while simultaneously increasing
the demand and markets for local agriculture.
Finally, I would highlight legal battles such as those that
have allowed food safety exemptions for our traditional
preparation of kalo and other efforts that hold our State
accountable to its own water laws that showcase Native Hawaiian
efforts and leadership to hold the State accountable to the
public trust guarantees of our environmental and cultural
rights.
I would emphasize that the bulk of the progress I see being
made in this realm is really is really being led through small,
grass-roots organizations often leading the way and pulling our
State and large private organizations behind them.
While the barriers to growing Hawaii's local agricultural
system are substantial and many of them I feel are not easily
addressed by Federal bodies, I would like to offer a few key
areas where I think potential action might have impact.
Due to our history and in particular our plantation
history, Hawaii has a severe lack of physical infrastructure
needed to support a local food system, because we have built
infrastructure to support large scale export of just a few
crops. To ensure equitable access of our many small farmers,
publicly-owned or not-for-profit infrastructure is essential to
really building a just and effective local food supply. So
investment in State lands and facilities can also spur the
private investments as is evidenced by existing facilities
including by the `Ulu Coop.
Access to reasonable capital with fair rates and low costs
to engagement can remove many barriers as well without
requesting a handout from the government. Of particular
emphasis I feel needs to be the access to capital for Hawaiian
Homeland recipients. As lessees who do not have the collateral
of their property, they cannot access normal lines of capital
and are often left with a landholding that cannot be developed
to contribute to local food.
A little bit more broadly, I think increasing funding or
advocacy for community, indigenous or environmental health
helps to strengthen most of the most impactful organizations.
Tying agriculture and engagement with the land to mental and
physical wellbeing could position support for nutritious foods
under human health initiatives. We have seen some very
impactful organizations leveraging the interface between health
initiatives and local food.
Furthering advocacy regarding environmental health and
particularly regulating the environmental impacts of
agriculture would help to level the playing field between
small, local food producers and large scale industrial
agriculture. Direct funding for food and health and the
environment would obviously be more impactful.
Finally, the Farm Bill, you have already heard it talked
about a lot in the conversations beforehand, but it inherently
subsidizes much of the large scale commodities in the market,
skewing the price of food to support highly processed wheat and
corn products, and fundamentally placing all other forms of
agriculture and crops at a disadvantage.
Improved support for specialty crops and rural development
under the Farm Bill would aid in supporting small, diversified
producers in Hawaii and disadvantaged regions. In particular,
research for our underutilized and indigenous crops is a major
barrier to adoption because many farmers simply don't know how
to deal with the many pressing problems on our traditional
crops.
Thank you very much for the opportunity today.
[The prepared statement of Mr. Lincoln follows:]
Prepared Statement of Noa Kekuewa Lincoln, Ph.D., Advisor, Hawai`i `Ulu
Cooperative; President, MaLa Kalu`ulu Cooperative; and Associate
Research Professor, University of Hawai`i
Introduction
I appreciate the invitation to provide this testimony to the U.S.
Senate Committee on Indians Affairs. I would like to clarify that my
testimony, although pulling from knowledge and expertise obtained
through my employment and organizational relationships, represents my
own views and beliefs as a Native Hawaiian and concerned citizen of
Hawai'i, the United States, and our planet.
I feel it is paramount to begin with a reminder that the Kingdom of
Hawai`i, which was a member of the family of nations, a status
recognized through dozens of international treaties including with the
United States, was illegally overthrown in 1893, with the assistance of
the US military, followed by the subsequent annexation, against the
wishes of over 95 percent of the Native population, to the United
States, eventually becoming the 50th State in in 1959. Both the
occurrence and the illegality of the overthrown has been formally
acknowledged by the United States (U.S. Public Law 103-150) and the
United Nations (Office of the High Commissioner for Human Rights,
Memorandum issued February 25th, 2018). The above facts can only result
in the conclusion that Hawai`i currently exists as a form of prolonged
military occupation by the United States, and the highest pursuit of
justice would be to support the repossession of the approximately 1.8
million acres of Hawai`i's ceded governmental lands to an independent
Native Hawaiian government.
Background: Native Hawaiian Agriculture
The Hawaiian archipelago was settled by Polynesian ocean voyagers
no later, but possibly much earlier, than 1000 AD. Over centuries,
Native Hawaiian cultivators developed a range of cultivations
strategies and constructed vast infrastructural developments to support
widespread food production. Hawai`i is among the most ecologically
diverse locations on the planet, containing over two-thirds of the
Holdridge life zones and ten of the 12 soil orders of the world. Native
Hawaiians, in adapting their agricultural systems to the extreme
ecological and topographic diversity of the islands, arguable developed
the most diverse agroecological diversity of world--an underappreciated
fact. The ability to sustainably cultivate food in a wide variety of
ecosystems was highly dependent, as with many indigenous cultivation
systems globally, upon intimate knowledge and understand of the local
environments, preservation of ecosystem function and services, and
adaptative management strategies. In total, the best estimates to date
suggest that Native Hawaiians, in various forms, cultivated
approximately one million acres of land to supply food, timber,
textiles, medicine, and other resources to a population of 400,000 to
800,000.
Within Hawaiian society, agriculture was not an economic pursuit,
but an integrated system of sustenance that incorporated education,
religion, and other social norms. It is essential to include the
context of a kinship worldview, in which, unlike western cultures,
Native Hawaiians perceive that humans do not supersede the environment,
but rather have a familial relationship with all components of the
natural world. This is perhaps most clearly manifested and communicated
in Native Hawaiian cosmology, in which mankind is portrayed as the
younger brother of the kalo (taro) plant, placing humans not only as
direct relatives to the environment, but also in a subservient
position. The central tenant of Hawaiian culture is critically
important, because the separation of Native Hawaiians from their land
that accompanied the socioeconomic changes associated with the
overthrow does not only impact the agricultural economy of the Hawaiian
people, but destroys their entire cultural identity. This concept was
well articulated by congressional testimony by Reverend Akaiko Akana
over a century ago, in which he states on behalf of Ahahui Pu`uhonua in
favor of the establishment of what eventually passed as the Hawaiian
Homes Commission Act of 1920.
The soil is a redeeming factor in the life of any race, and our
plan for the rehabilitation of the Hawaiians is futile unless
the question of returning to mother earth takes precedent to
all other considerations in such a plan.
Background: Current Food System of Hawai`i Approx.
Hawai`i's economy was dominated from 1850 to 1960 by plantation
agriculture producing specialty crops for export markets, which began
to decline with statehood, after which tourism, construction, and
military spending all rapidly surpassed agriculture. Starting in 1970,
the plantations began to shut down, with the last plantation in the
state shuttering operations in 2016. Some substantial export
agriculture still exists in terms of macadamia nuts (Approx. 21,500
acres), coffee (Approx. 610,000 acres) and cattle operations (Approx.
761,000 acres). Other specialty markets were also maintained, such as
flowers and foliage (Approx. 2,400 acres) and tropical fruit (Approx.
12,300 acres), while some new specialty markets emerged, such as seed
production (Approx. 24,000 acres) and aquaculture (Approx. 650 acres).
Offshore fisheries should not be ignored, as Pacific fishing fleets
that operate out of Hawai`i land Approx. $62 million annually.
Hawai`i is a state of small farms, with 7,328 farms in the state
and 90 percent of those being less that 50 acres. Total agricultural
value has consistently declined over the past decade, and in 2017 stood
at $563 million, with 90 percent of this value produced by only 13
percent of the farms. In the wake of the plantations, several programs
aimed at supporting the development of new industries, but programs
were fragmented and were ultimately met with minimal success. The
Hawai`i Department of Agriculture received Approx. 0.4 percent of the
state's operating budget and is hampered by oftentimes obscene
bureaucratic protocols. Currently, Hawai`i imports approximately 85-90
percent of its food supply, equating to $5.9 billion in food imports
annually. By food category there is tremendous variation. Hawai'i
produces about 60 percent of its fruits and vegetables, 40 percent of
its seafood, and 10 percent of its meat locally. However, in critical
categories such as staple carbohydrates and dairy, we produce less than
0.5 percent locally. Recently, and particularly in the wake of the
COVID-19 pandemic, there has been a strong movement to increase the
local food system for food security, resilience, landscape
preservation, and culture revitalization.
Needs and Barriers
Land. High cost and demand for land is prohibitive to most
farmers. State lands are poorly administered, often creating
insurmountable barriers to engagement, or the loss of
operations on state land due to negligence. Poor enforcement of
zoning standards on agricultural lands has led to misuse of
much agricultural land (e.g. ``gentleman farms''). Some
agricultural lands lack adequate infrastructure such as water
or fencing from ungulates. Competing interests for agricultural
lands threaten production, including rezoning for urban
development and alternative land usage such as solar energy
production.
Infrastructure. There are many basic infrastructural issues
in Hawai`i that prevent local food system, in particular by our
small farms. Investment over the past century has focused on
export by large private producers and a ``just in time''
importation of food. Hawai`i lacks adequate infrastructure for
aggregation, processing, storage, and transportation of local
food within the state. Significant investments in state- or
cooperatively-owned infrastructure is necessary.
Social Infrastructure. Due to the small producer nature of
the islands, organizational structures are necessary in order
to access adequate scale and operational capacity in order to
access and operate infrastructure. The recent establishment of
several local food hubs has worked to fill this gap, with
growing capacity and support.
Farm and Food Management. Appropriate technical support is
essential for success of emergent farms and food system actors.
The University of Hawai`i, and in particular the College of
Tropical Agriculture and Human Resources (CTAHR, which is the
state's Land Grant Institution, has a critical role to play
through workforce development and extension services. CTAHR is
moderately effective, but has shrunk severely since the closure
of the plantations and has not fully pivoted its services to
represent the new agricultural realities of Hawai`i.
Capitalization. Access to capital is essential for the
establishment and growth of agricultural businesses. Limited
options exist, with the State largely underfunding capital
pools and overburdening applicants with paperwork and
reporting. This is a particularly pervasive issue with the
Department of Hawaiian Homeland and other agricultural leases,
as their land cannot be leveraged to access liquid capital.
Scale. Scale of operations is an important component that
help to induce investment and optimize efficiency, and offer
opportunities for a reasonable risk-adjusted return. While some
operations can achieve scale, many small producers need
collaborative opportunities to reach such scale.
Labor. A sufficient quantity of skilled labor must be
attracted and available at a cost that provides just
compensation and financial viability, and they must possess the
passion and resilience to endure volatility. Currently, access
to labor, and in particular access to skilled labor, is a
significant barrier.
Integrated value chain. Robust communication and balance of
demand and supply must be developed. Increased processing is
essential to increasing total value of the small agricultural
industry and to deal with seasonal excess. Equitable sharing of
revenues across the value chain is necessary.
Opportunities and Successes
Here I highlight some key success stories that demonstrate where
some key opportunities lie in terms of rebuilding Hawai`i's food
system, culture, and Native Hawaiian wellbeing.
MA`O Organic Farms. MA`O Farms has grown to be the largest
certified organic vegetable farm in the state, with 100 percent
of production going towards local markets. Their success is
rooted in their approach that marries agricultural production
to community outcomes, focused on engaging local youth,
enhancing Hawaiian culture, and providing educational
opportunities to emphasize the potential social benefits of
local agriculture. By realigning food production with Hawaiian
epistemology-emphasizing engagement with land, community
health, and integration of agriculture and food with education-
MA`O has attracted a new generation of individuals interested
in working in agriculture, new sources of capital, funders, and
investors, and new partnerships in health, education, and
social work.
Hawai`i `Ulu Producers Cooperative (HUPC). Cooperative
organizations are not extensive is Hawai'i but are marked by
some notable examples including the Kaua`i Island Utility
Cooperative. HUPC, established in 2017, focuses on aggregating,
processing, and distributing traditional local staples, and has
grown to represent 124 farmers. As a cooperative organization,
it is directly owned by the farmer-members, providing an
equitable, democratic processes of engagement and revenue
sharing. HUPC has leveraged its network to achieve a scale of
production and processing that has allowed them to gain
infrastructure and markets that would not have been possible by
any of its individual members.
Ho`oulu `Aina. This organization operates a 100-acre farm
and nature preserve that supports community feeding, health,
and subsistence. While the mission and activities are not
necessarily unique, it is unique that this organization
operates on a lease of a state park. Such public-private
partnership could provide unique access to land for local food
services that provide direct community benefit as opposed to
private profit.
Mahi`ai Matchup. A competitive program supported by
Kamehameha Schools (the largest private landowner in the
state), in which agricultural leases are presented based on a
business plan pitch that emphasizes a multiple-bottom line
(economics, culture, community). While this program has been
limited and small-scale to date, it is a potential model for
redistributing agricultural lease lands to individuals who are
dedicated to community impact and local agriculture.
Da Bux. A local program largely funded through private
philanthropy that matches the federal SNAP program, doubling
the purchase power for SNAP users to purchase locally grown
foods. This has the double outcome of increasing demand for
local food while allowing access to healthy, local foods to our
most disadvantaged populations, which are disproportionately
Native Hawaiian and Pacific Islanders.
Legalize Pa`i `Ai. Not an organization, but a movement that
sought to provide regulatory exemption for a traditional food
production method. Ultimately SB101 was passed in 2011
(although with amendments that removed the practitioner
suggestions and put the rule-making authority under the
Department of Heath). The grassroots effort to move this bill
forward also spawned in ``Ku'i at the Capital,'' in which
thousands of proponents of our Native foods gather at the State
Capital on opening day to bring awareness to our local
legislators.
Na Moku Aupuni O Ko`olau Hui. A non-profit collection of
Native Hawaiian kalo farmers and subsistence gatherers fought,
and recently won, and 20+ year legal battle against the state,
claiming the state of Hawai`i violated water leasing laws by
allowing the endless renewal of large, temporary water permit
to a massive land-holder without environmental review. The
reaffirmation by Hawai`i's supreme court of the important of
cultural subsistence and environmental health is an important
victory for Native Hawaiian communities that persist in our
remote regions.
Actionable Items
The main progress towards an equitable and just local food system
have been made by small, grassroots organizations. While the barriers
to growing Hawai`i's local agricultural system are substantial and many
are not easily address by federal bodies, I offer a few key areas where
potential action may have impact.
Infrastructure. The historical trajectory of Hawai`i has
resulted in a severe lack of physical infrastructure necessary
to support local food. While some of this can and should be
accomplished by private businesses, in order to ensure
equitable access and opportunities for Hawai`i's 7,000+ small
farms, public-owned, or at least not-for-profit, infrastructure
is essential. Federal infrastructural investment into state
lands and facilities could catalyze projects to overcome some
of the needs and spur private investment. For instance, the
Hawai`i `Ulu Producers Cooperative operates in a state-owned
warehouse, but has outfitted that warehouse with over $1
million in equipment and building upgrades.
Capital. Access to reasonable capital is a constant
bottleneck for players at all levels within Hawai`i's food
system. Generating loan funds that offer fair rates, with
barriers to access and reporting that are not onerous, could
overcome some of these issues without requesting a handout. Of
particular emphasis should be the access of capital for
Hawaiian Homeland recipients, who are often socially
disadvantaged and due to not owning the land cannot access
normal lines of capital.
Community and Indigenous Health. Furthering funding on
community health and equity plays to the strengths of many of
the most impactful organizations. This includes mental and
physical health. Any opportunities to better tie agriculture
and engagement with land to mental and physical health outcomes
would support better integration of our food, land, and
community health.
Environmental Advocacy. Furthering any agendas or advocacy
regarding environmental health, and particularly regulating the
environmental impacts of agriculture, levels the playing field
between small producers, who tend to engage in more
environmentally friendly and diversified practices, and large-
producers, who tend to have substantially higher inputs,
impacts, and reduced labor.
Farm Bill. The farm bill inherently subsidizes much of the
large-scale commodities in the market, skewing the price of
food to support highly processes wheat and corn products, and
fundamentally placing all other agricultural forms and products
at a disadvantage. Improved support for ``specialty crops'' and
rural development would aid in supporting diversified, small
producers.
The Chairman. Thank you very much.
Mr. Zane, please proceed.
STATEMENT OF KUHA'O ZANE, CREATIVE DIRECTOR, SIG ZANE DESIGNS
AND SZKAIAO AND KALAIMOKU BOARD OF DIRECTORS, EDITH KANAKA`OLE
FOUNDATION
Mr. Zane. Aloha kakou. Just in general, I am a product of
Punana Leo as well as a product of Merrie Monarch, and a very
proud product of indigenous [indiscernible]. So thank you,
Senator Schatz, for wearing my shirt.
[Laughter.]
Mr. Zane. That said, [phrase in Native tongue]. Edith h
Kanaka`ole Foundation stands as a continuance for the
indigenous knowledge of Edith and Luka Kanaka`ole, as
generational practitioners of our once banished but now
thriving native dance, hula `aiha`a, and most importantly as
Native Hawaiians implementing our ancestral insight as
solutions in our modern world. Our work helps to provide
solutions as it relates to conservation and restoration of
historical sites, land and resource management, performance
art, design and education
Fluency and familiarity with both `olelo Hawai`i or the
Hawaiian language as well as the chants, songs and stories is
the cornerstone for our foundation. Our Halau or dance troupe
led by the daughter of Edith, Kumu Nalani Kanaka'ole, Halau O
Kekuhi, has continually practiced our style of hula `aiha`a for
eight generations, translating ancestral and familial chants
into world renowned choreography and dance.
The practice of our hula `aiha`a not only includes the
movements of choreography, but also it is inclusive of learning
about the key native plants within our forests, the gathering
process and creation ideals in creating our regalia and in the
training and execution of ceremony and protocol.
Our organization's founder, Pualani Kanahele Kanaka`ole,
received an honorary doctorate from the University of Hawai`i
for her life's work in Hawaiian studies, education and
curriculum. She brought to light the Papaku Makawalu
Methodology, that is the Native Hawaiian approach to science
and observation of our land and natural phenomena. This
methodology employs the translation of ancient Hawaiian chants
as generational in-depth observational data of place and how it
coincides with current scientific research today.
These pillars of knowledge are an extension of our
foundation's namesake, my grandmother Edith
Kekuhikuhipu`uoneonaali`iokohala Kanaka`ole and her life's
work. It is her teachings that inspired my father to start Sig
Zane Designs and drove his trajectory from an early artist to
an established cultural mainstay in Hawaiian fashion. Mahalo to
my [phrase in Native tongue].
In my work today, I uplift and carry forth this ancestral
insight and apply cultural solutions through design,
consultancy and commerce over the past two decades. Doing
branding identity for some of the largest organizations in
Hawai`i and expanding my father's art to athletic uniforms,
airplane liveries and architecture, has really led me to the
ask the one question: what is the bridge between culture and
commerce?
The answer to me is as simple as my grandmother puts it,
``We must educate.'' We push on innovating platforms to educate
audiences and continue her mission.
I am humbled by this opportunity to share our story. Mai ka
ho`oku`i a ka halawai.
But I would like to do the top story part. So as far as
Edith Kanaka`ole Foundation, and having a conversation about
educational platforms, some of the products that we are working
on currently is our KIPA program, which is a tourist industry
certification. We can't blame somebody for putting out wrong
information if we are not properly educating them.
We also have some work with the national park here, and
understanding GPS mapping, but not GPS mapping just by what you
can see with your eyes, GPS mapping by using the ancient chants
to be able to identify what has been here for generations. Then
also we have the [phrase in Native tongue] which is going
through [phrase in Native tongue] as well as a kapu process not
only just with local entities or Native Hawaiian entities, but
also corporate entities. We have entity naming strategies,
cultural narrative and design strategies, and then currently
what we are working on is, how can the blessing chant, [phrase
in Native tongue], actually inform architecture and buildings.
Also, we have work with the University Office of Indigenous
Innovation which also speaks to the health equity, and also
projects with soil health. If that is not enough, sometimes my
grandma likes to just remind us that we still need to do a lot
of work. So currently, in 2023, she will be honored by the U.S.
Mint on the quarter coming up very soon.
All of that said, I will just finish off with this. In the
conversation of education to my little girl who can name each
cloud [phrase in Native tongue] in the Hawaiian language, and
not only understands that Hi'iaka is a goddess, but understands
that Hi'iaka is a life-giving element and a nomenclature, for
her, who has this understanding, what kind of career and salary
will she have? So I believe that halau `olelo as well as the
renaissance of the 1970s that brought Merrie Monarch, I think
that was important to bring vitality to Hawaiians, to Hawaiian
cultures. But I think the current mission is to be able to
bring some viability to Hawaiian culture.
Mahalo.
[The prepared statement of Mr. Zane follows:]
Prepared Statement of KuHa'o Zane, Creative Director, Sig Zane Designs
and Szkaiao; Kalaimoku Board of Directors, Edith Kanaka`ole Foundation
Edith Kanaka`ole Foundation stands as a continuance for the
indigenous knowledge of Edith and Luka Kanaka`ole, as generational
practitioners of our once banished but now thriving native dance--hula
`aiha`a and most importantly as Native Hawaiians implementing our
ancestral insight as solutions in our modern world. Our work helps to
provide solutions as it relates to conservation and restoration of
historic sites, land and resource management, performance art, design
and education.
Fluency and familiarity with both `olelo Hawai`i or the hawaiian
language as well as our chants, songs and stories is the cornerstone
for our foundation. Our Halau or dance troupe--led by the daughter of
Edith, Kumu Nalani Kanaka'ole--Halau O Kekuhi has continually practiced
our style of hula `aiha`a for eight generations, translating ancestral
and familial chants into world renowned choreography and dance. The
practice of our hula `aiha`a not only includes the movements of
choreography, it's inclusive of learning about key native plants within
our forests, the gathering process and creation ideals in creating our
regalia and in the training and execution of ceremony and protocol.
Our organization's founder, Pualani Kanahele Kanaka`ole received an
honorary doctorate from the University of Hawai`i for her life's work
in Hawaiian Studies, education and curriculum. She brought to light the
``Papaku Makawalu Methodology'' that is a Native Hawaiian approach to
science and observation of our land and natural phenomena. This
methodology employs the translation of ancient hawaiian chants as
generational in-depth observational data of place and how it coincides
with current scientific research today.
These pillars of knowledge are an extension of our foundation's
namesake, my grandmother Edith Kekuhikuhipu`uoneonaali`iokohala
Kanaka`ole and her life's work. It is her teachings that inspired my
father to start Sig Zane Designs and drove his trajectory from an early
artist to an established cultural mainstay in Hawaiian fashion. In my
work today, I uplift and carry forth this ancestral insight and apply
cultural solutions through design, consultancy and commerce over the
past two decades. Doing branding identity for some of the largest
organizations in Hawai`i and expanding my father's art to athletic
uniforms, airplane liveries and architecture, has really lead me to the
ask the question, what is the bridge between culture and commerce` The
answer is as simple as my grandmother puts it, ``We must educate''. We
push on innovating platforms to educate audiences and continue her
mission.
Humbled by this opportunity to share our story. Mai ka ho`oku`i a
ka halawai.
The Chairman. Thank you.
Thank you to all of you. This is incredible. I want to
start with one easy question, Ms. Kawelu.
Ms. Kawelu. Easy.
[Laughter.]
The Chairman. What is next for the festival?
Ms. Kawelu. We already have everything in place for 2023 as
far as judges and the halau. June 1st is my deadline for the
next year. They have to have ``Pawdagee'' sausage sales to earn
the $50,000 to come. So I have to let them know early.
But we will continue, we will continue just plugging along
doing what we know best.
The Chairman. There is a tendency among people who have
positions of authority to assume that we are always needed. So
I am not going to assume that we are needed. But please do let
us know if there are things that we can do. You are succeeding
just fine without Federal intervention. We don't need to fix
anything. But please let us know how we can be useful to you.
Dr. Lincoln, a couple of thoughts. You named a bunch of
grassroots organizations. I wanted to kind of flag this really
as an action item, not so much for the committee staff, but for
my personal office staff. Earmarks are now allowable in Federal
appropriations process. I have to say it is maybe the top five
most fundings that I get to do, because we get to receive all
these requests from extraordinary community organizations and
give them resources. So I would just ask you to flag viable
projects for us. There is criteria, they have to be a non-
profit or government, they can't be a private business that is
a for-profit business. So there are some criteria.
But a lot of the organizations that you identified I think
would be worthy recipients of what we call Congressionally
directed spending. They use Congressional directed spending,
because on the continent, earmark is a bad word. In Hawaii,
earmark is no problem.
[Laughter.]
The Chairman. So, please, would you let us know how we can
be helpful?
You talked a little bit about infrastructure for
agriculture to sort of be owned by the collective, owned by the
community. What are we talking about here? Are we talking about
processing facilities? Are we talking about water
infrastructure, roads, marketing? How should I picture that in
my mind's eye?
Dr. Lincoln. The physical infrastructure is a lot of the
immediate need. For better or for worse, people do tend to come
around, coalesce around things, places. There is a lot of
social infrastructure that needs developing as well, which I
think starts to relate to the marketing and things like that.
We see a lot of the social cohesion coalesce around
physical things. But yes, we are talking about processing
plants, cold storage integrity, marshaling yards, aggregation
facilities, even simple infrastructure like pack-wash stations
that allow for food safety certifications. Yes, just really
basic stuff.
In some cases it is literally just a building is all that
is needed, a big warehouse. Then access to that space, groups
can come in and start to outfit it, make it usable to them.
So State-owned or non-profit owned, but basically because
we are a State of small farms, the small producers don't have
the capital or scale typically to invest in these kinds of
larger pieces of infrastructure, which I think is what a lot of
the success, for instance, of the `Ulu Coop has been, is
pulling together lots of small producers that suddenly make the
investment into the infrastructure worthwhile and have a rate
of return that is feasible.
At the same time, they couldn't put up the building. They
are in a State-owned building, which allowed all of it to
happen. But they outfitted that building an extra $1 million of
equipment and upgrades.
The Chairman. That is extremely helpful. How helpful is the
USDA Rural Office?
Dr. Lincoln. They are good. Of course, it could always be
more. But yes, USDA, the LFPP program and other programs, some
of the rural development programs have been instrumental with a
lot of our small grassroots businesses.
The Chairman. Finally, on the Farm Bill, I don't sit on the
Agriculture Committee, so the way the committee structure works
is the people who are on the committee are able to play more of
a hand in shaping the legislation. But I have been thinking a
lot about how the food system is essentially broken because of
our Farm Bill. That is not something we are going to be able to
fix in one Farm Bill, because in order to pass it we still have
to have the votes of people who represent States with large-
scale industrial agriculture.
What I am asking from you, Dr. Lincoln, is input, ideas. We
need ideas for just advancing the ball. I know Debbie Stabenow,
who is the Chair of the Agriculture Committee, has a lot of
sympathy in these areas. But she is always trying to figure out
how to get 65 votes for the Farm Bill. So it is a question of
forging a compromise.
I would like a few marching orders from you, not right this
moment, but a few thoughts in terms of what specifically to
push for. So if you would take that for the record, and we will
try to work together.
Mr. Zane, I have two questions. I didn't get that thing
about GPS. How does this work, this project?
Mr. Zane. GPS mapping in general is literally what it
states, with GPS mapping. But within a lot of the chants,
especially with some of the new areas that the park has taken
over, some of the chants actually speak about specific areas,
and will talk about flows and what has happened thousands of
years ago. When you take that concept, that these chants aren't
just hulas, these chants are actually data, so when you are
taking these data points and inputting GPS data points, then
that is how it can be informative to creating a resource or
land management tool.
The Chairman. So people could theoretically go around
Volcanos National Park, see where they are --
Mr. Zane. And understand in a larger context, and a
historical context where they stand. I think that goes to both
build a regard as well as respect, not necessarily just for the
chants and the historic value, but also for these translators
of this historic value.
The Chairman. At Arlington National Cemetery, they now
have, I don't know if they have built it in totally now, but I
know they are at least in the process of doing it where every
gravestone where they have a record, you can walk around, as
long as your location services are on, you can know the history
of that particular fallen soldier. What an extraordinary
resource.
It also enables a kind of exploring, while you are
learning, but you are really just walking around and gathering
information. I think it has high potential. Let me know how I
can help.
Tell me a little more about the tourist industry
certification. I am very sympathetic to the idea that we want
people to know how to act, but we actually have to tell them
how to act. Tell me how that works, and whether it is starting
to scale or what you are doing with that.
Mr. Zane. We just ran with a pilot program recently, it is
called KIPA, [indiscernible] KIPA, kind of how Auntie Luana was
talking about the grog shop, there are a lot of good ideas that
happen maybe down on the beach with a few beverages. Basically
what it was is we heard a lot of content that was being shared
while we were down at the beach that wasn't necessarily some of
the content that we felt was important or we felt was relevant
or valid. Instead of just complaining about it, we decided to
create a curriculum for it.
The Chairman. So you are talking about tour guides who just
make up stuff, among other things?
Mr. Zane. You said it, not me.
[Laughter.]
The Chairman. We all see it, even on Oahu. In fact,
arguably on Oahu it could be worse.
Mr. Zane. I have to say, too, my mom's brother, my uncle,
he was actually a tour guide, and he would share a lot of his
stories that he had. So he was a lot of the inspiration for
this.
But that idea of being able to educate people within
Hawaii, that they are within the district they are in, and what
are the stories of that place, and who are the people that are
participating both tourism-wise as well as some of the visitors
that are there, who are the people who are participating in
that area and how we can we at least create a curriculum that
would be able to educate them properly. From there, ideally,
what we want to do is just as much as it is to see an organic
stamp that you would understand that there is some valid
information as well as some other information.
The Chairman. Yes. Once you get that scale, getting that
into Trip Advisor and everybody else, so they click around and
see the top one and they know, oh, this person is legit, and it
comes down to that. You are going to get tourists who don't
care, but you are going to get a lot of people who want to
understand.
Mr. Zane. Hopefully, it is similar to getting people to
purchase an [phrase in Native tongue] shirt.
[Laughter.]
The Chairman. Yes. That was smooth.
Kuha'o, I am struck by, and I want to finish with one of
the things you said about hula, but I think it applies to
Native culture here and everywhere. It was three or four weeks
ago, the report from the Department of Interior about primarily
Indian boarding schools. Even though you know that history,
just to read that report is devastating, to think that the
United States government systematically eliminated culture,
harmed children, incarcerated children, shaved their heads,
beat them up for speaking their language. Once banished, but
now thriving. So thank you very much.
This hearing record will remain open for a couple of weeks.
We may submit a few questions for the record. Don't worry,
Auntie Luana.
Thank you very much. This hearing is adjourned.
[Whereupon, at approximately 12:36 p.m. HST, the hearing
was adjourned.]
additional statement for the record
Prepared Statement of Dr. William H. Wilson, Ka Haka `Ula O
Ke`elikolani College of Hawaiian Language, University of Hawai`i
Aloha Senator Schatz, Senator Murkowski and members of the Senate
Indian Affairs Committee.
My name is Dr. William H. Wilson. I am a faculty member at Ka Haka
`Ula O Ke`elikolani College of Hawaiian Language. I am a professor of
Hawaiian Language, Hawaiian Studies and Linguistics. I was the initial
tenured faculty member in our Hawaiian Studies program here at UH Hilo
and the proposal writer for most of the programs that over the years
have developed into what is now its own college within the University
of Hawai`i at Hilo. Our colleges includes a P-20 Hawaiian language
medium program ranging from a preschool to grade 12 laboratory school
program, to a B.A. program, to a graduate level teacher certification
program, to an M.A. program and to a Ph.D. program. I have taught in
all of those programs. As part of my duties in our Ph.D. program I have
used my expertise in Linguistics to guide Native American students
(Hawaiian, American Indian and Alaska Native) to higher levels of
proficiency in the traditional languages of their peoples. I have also
written a number of articles on language revitalization focused
education, often with other faculty members of our college including
Dr. Kauanoe Kamana and Dr. Keiki Kawai`ae`a.
I want to first thank the Committee for holding a hearing here in
Hilo and at our Hale`olelo Building and also for the fine line up of
testifiers chosen for the two panels. I fully support the testimony of
those panelists.
My written testimony here is to provide some details that may be of
use to the Committee in collecting more data on enrollment in Hawaiian
language medium/immersion education, its unique needs, and failures of
federal agencies to implement relevant legislation that support
Hawaiian language medium/immersion education in both its wording and
intent. My testimony on Hawaiian language medium/immersion education
relates to the larger issue of Native American language medium/
immersion education of which Hawaiian language medium/immersion
education is but a part, albeit a groundbreaking part.
The overall goal for the information that I will be providing is to
assist your Committee and others in Congress to provide needed support
to these Native American language medium/immersion schools and their
Native American students. Such support is appropriate simply for the
success that these schools and programs have had in delivering benefits
in the areas of increased high school graduate rates, increased college
going rates, increased involvement in academics, lowering negative
social statistics, cultural benefits and econonic benefits. On another
level, Native American language medium/immersion schooling is a means
to partially address the role that the federal government has played in
suppressing and actually destroying the linguistic and cultural
heritage of Native American peoples, including Native Hawaiians, as
partially detailed in the recently released report entitled the Federal
Indian Boarding School Initiative Investigative Report May 2022 https:/
/www.bia.gov/sites/default/files/dup/inlinefiles/
bsi_investigative_report_may_2022_508.pdf
While the above Federal Indian Boarding School Initiative
Investigative Report did include the effects of the US federal
government on the loss of Native Hawaiian culture, it does not include
two important details. The first is that when Hawai`i was annexed to
the United States, the Organic Act of 1900, assigned to the President
of the United States control of the public schools through appointment
of the governor of the territory. The governor of the territory held
veto power over actions of the territorial legislature, thus assuring
that any attempt by the territorial legislators to reestablish public
Hawaiian medium education could be blocked. Control by the
presidentially-appointed governor over public education thus resulted
in the maintenance of the closure of access to public Hawaiian language
medium education on the model of government control American Indian and
Alaska Native education elsewhere in the United States. Access to
public education through Hawaiian, which previously had a long history
in Hawai`i, was closed off by those who overthrow of the Hawaiian
Monarchy with military involvement of the United States. Access to
Hawaiian language medium education remained closed until 1986.
A few years before 1986, parents led by the Native Hawaiian non-
profit `Aha Punana Leo began participating in private Hawaiian language
medium language nests, contrary to state law. They then lobbied for
restoration of legal status to Hawaiian language medium education. Then
under the powers as a state rather than as a territory, and at the
insistance of parents, the Hawai`i state legislature provided a legal
means for the implementation of Hawaiian language medium education at
the private early childhood and public school levels.
The second highly relevant power assigned under the Organic Act to
the President of the United States was appointment of the justices of
Hawai`i's territorial Supreme Court. Those justices were responsible
for appointing the highly powerful trustees of the Bishop Estate, the
largest single non-govermental land trust in Hawai`i. Native Hawaiian
children were, and are, the primary intended beneficiaries of the
Bishop Estate. The Bishop Estate was established during the Hawaiian
Monarcy through the inheritance of Ke Ali`i Pauahi to provide for the
private Kamehameha Schools including its boarding program. The
suppression of Hawaiian language and culture at the Kamehameha Schools
operated with funding from Native Hawaiian Bishop Estate trust lands
was therefore largely implemented under the control of the federal
government. Some documentation of that suppression is available from
the Kamehameha Schools itself https://kaiwakiloumoku.ksbe.edu/article/
essays-supression-of-hawaiian-culture-atkamehamehaschools#:.
Presidential responsibility for the suppression of Hawaiian culture and
language at Kamehameha actually carried past 1959 when Hawai`i became a
state, as several earlier appointed trustees remained in control of the
Kamehameha Schools beyond statehood.
Before, I begin providing information relevant to Hawaiian language
medium education as a federal trust responsibility, I would like to
commend the Committee as an entity for its role since Hawai`i statehood
in seeking to protect Native Hawaiian young people and their access to
their language and culture. It was Congress, through the Senate Indian
Affairs Committee, that passed the Native American Languages Act (NALA)
in 1990. Since then, Congress has consistently included NALA provisions
in the Elementary and Secondary School Act (ESEA)s since 1993. Your
Committee, including in recent years, has passed other legislation
aligned with NALA that provides supplementary funding and definitions
of Native American language medium education.
In spite of the historical advocacy of the Senate Indian Affairs on
behalf of Native American language medium education, today some 30
years after NALA and the first NALA amendments to the ESEA were passed,
those provisions have not, in large part, been implemented by the
states, Department of the Interior/Bureau of Indian Education (BIE), or
the US Department of Education (USDE). I see the USDE as primarily
responsible, and the BIE as secondarily responsbile, for this neglect.
Lack of direction from the USDE on NALA and NALA provisions in the ESEA
relative to how to implement them has led states, the BIE and others to
fail to implement those provisions. The BIE failed to provide
information to Native Americans as a whole (including Native Hawaiians)
relative to NALA and NALA provisions of ESEA since 1990 and 1993 and
has failed to provide sugnificant technical assistance to tribes
relative to implementing NALA provisions including Section 104(5) and
ESEA NALA provisions discussed later below.
Native Hawaiians developing and participating in Native Hawaiian
language medium/immersion education, an area of particular concern of
the hearing here in Hilo, have been harmed by such lack of attention
from the USDE, not only in a failure to assure access to needed
resources, but in actual incitement of the state to carry out
repercussions against such Native Hawaiians through insisting on
implementation of NALA ESEA provisions. The Hawai`i State Department of
Education through its superintendent conveyed to families at such
Hawaiian language medium/immersion schools as well as to me that it was
implementing admittedly unjust provisions (contrary to NALA and NALA
ESEA provisions) on pain of denial by the USDE of major federal funding
to the state as a whole.
In spite of such threats and public shaming through publication of
low assessment scores on English medium academic assessments of
children educated totally through Hawaiian rather than through English,
Native Hawaiian parents remained resolute that the government should
follow NALA and the NALA provisions of the ESEA. A considerable number
of those parents have boycotted, and continue to boycott, state
assessments as a means to draw attention of the failure of the federal
government and state to carry out the NALA provisions of ESEA. This has
been a long standing issue with boycotts continuing during both during
the No Child Left Behind Act and the Every Student Succeeds Act.
Furthermore, the situation of Native Hawaiians relative to access
to Native American language medium/immersion education (through
Hawaiian) has been much better than that of other Native Americans.
Such better access has, in my opinion, been due to first grassroots
Native Hawaiian action especially that led by the non-profit `Aha
Punana Leo, second to the overall sympathy of the general population of
Hawai`i to the Native Hawaiian population, and third to the combined
political power of the significantly large Native Hawaiian population
and their supporters in the general population at the state legislature
and in state government offices. Of the 50 states, Hawai`i has the
largest percentage of its population consisting of Native Americans
whose ancestors are indigenous to the state.
An example of the growth of Native Hawaiian language medium
education is the growth of state funded public and charter school
Hawaiian language medium/immersion enrollments that grew out of the
non-profit private `Aha Punana Leo preschools and continue to build
from a statewide base of such preschools. Note the following data on
enrollments:
ENROLLMENTS IN STATE FUNDED EDUCATION AS A WHOLE AND THAT PORTION OF IT
CONDUCTED THROUGH THE HAWAIIAN LANGUAGE*
------------------------------------------------------------------------
TOTAL PUBLIC AND TOTAL HAWAIIAN MEDIUM/
CHARTER ENROLLMENT IMMERSION ENROLLMENT
(ENGLISH MEDIUM AS WELL SCHOOL YEAR IN BOTH STANDARD
AS HAWAIIAN MEDIUM/ PUBLIC AND CHARTER
IMMERSION EDUCATION SCHOOLS
------------------------------------------------------------------------
179,902 Fall 2017 (non-Covid) 2,790
179,698 (-304) Fall 2018 (non-Covid) 3,028 (+238)
179,331 (-367) Fall 2019 (non-Covid) 3,312 (+284)
174,704 (-4,627) Fall 2020 (Covid year) 3,348 (+36)
171,600 (-3,104) Fall 2021 (Covid year) 3,363 (+15)
------------------------------------------------------------------------
*Data for total fall enrollment count from Hawai`i State Department of
Education data provided to the public on the web. Data for Hawaiian
medium/immersion enrollments from the Hale Kuamo`o Hawaiian Language
Center of Ka Haka `Ula O Ke`elikolani College of Hawaiian Language,
which provides classroom materials to all such schools.
The above data is important for Congress to understand the needs of
Native Hawaiian students for whom Congress has a trust responsibility.
Furthermore, such data is required to be provided by the USDE to
Congress by ESEA Section 3122(b). The vast majority of the students
enrolled in Hawaiian medium/immersion programs are Native Hawaiians,
whose very enrollment in such programs places them within the category
of ``English Learners'', something that will be discussed later below.
Not only do such students meet the category of ``English Learners'' by
the NALA provision sof ESEA, they are a significant number of students.
For each of the above years, the Native Hawaiian students in such NALA
protected programs are of such a magnitude that they consist one of the
five highest language groups subject to ``English Learner'' status
required to be reported to Congress. Indeed, the number of students
enrolled in these programs in the fall of 3,363 may exceed the number
of students classified by the state of Hawai`i as ``English Learners''
enrolled in a program for English learners and speaking the same
language. Equally important are the large numbers of Native Hawaiians
seeking to enroll in such programs. No data has been collected on such
individuals, but there are reports of waiting lists exceeding
enrollments in some Hawaiian language medium sites.
Because Hawaiian language medium/immersion students are not
reported to Congress and because of lack of other data collected by the
USDE or BIE regarding such Native Hawaiian students and other Native
American students the distinctive needs of such students remain unknown
or less known to Congress responsible for those students through the
trust responsibility. A further area of concern is the huge teacher
shortage for such students. ESSA Section 3122(b) specifically requires
that numbers of certified teachers and teacher shortages be reported to
Congress for Title III programs. However, as will be explained later,
although Hawaiian language medium education is covered by NALA
provisions of Title III, the lack of USDE provisions for implementing
such provisions, has resulted in Native Hawaiian students educated
through Hawaiian being excluded from Title III services.
The Hawai`i State Department of education reported that of 132
teachers in standard public schools, only 98 were properly certified
for Hawaiian language medium/immersion education (in spite of
certification training for teachers being available in universities in
the state). That is in the standard public schools, the schools best
supported through funds, 25.8 percent of the teachers in standard
public schools lacked appropriate certification, that is one out of
five. This is a huge need, especially in light of the growth of
Hawaiian language medium/immersion enrollments and waiting list that
exist in many sites. According to an article in the National Education
Association https://www.nea.org/advocating-for-change/new-from-nea/
hawaii-educators-tackleteacher-shortage-ambitious-5-yearplan#:, the
Hawai`i public school teacher shortage overall is 4.9 percent ``nearly
twice that of the national average of 2.6 percent.'' Note, however, the
above data has Native Hawaiian students accessing their federally
recognized right to be educated through Hawaiian, are 9.9 times less
likely to have a certified than are students on average across the
United States.
The matter is even worse than what is reported above, since the
data reported from the Hawai`i State Department of Education (No ka
Papahana Palapala A`o Ku 8ikawa--Teacher Need Data a powerpoint stored
as Halawai PAK--05-19-2022) only relates to Hawaiian language medium/
immersion education as provided through the better financed and
resourced standard public schools and not including the charter
schools. The state had been providing financial awards to teachers with
Hawaiian medium/immersion certification to teach in standard public
schools, but not to such teachers in charter schools, providing an
incentive for teachers to leave students in charter schools. For the
school year 2021-2022, of 3,363 students enrolled in state government
supported Hawaiian medium/immersion programs, 1,155 or 34.3 percent
were enrolled in charters. The state Department of Education has
collected no data on teacher shortages in those schools, although the
State Board of Education to which it reports, is charged with
responsibility for those schools as is the Office of Hawaiian Education
located in the State Department of Education.
Not only are charters educating over a third of students enrolled
in Hawaiian medium/immersion programs, there are the only source of
Hawaiian language medium education in many areas outside urban
Honolulu. Many of these are communities with large percentages of
Native Hawaiians. For example, the county and island of Kaua`i lacks
any standard public Hawaiian language medium/immersion education. All
K-12 Hawaiian language medium/immersion students on that island are
enrolled in charters. Here in East Hawai`i, the Hilo area, all K-8
Hawaiian medium/immersion students are enrolled in charters. A portion
of 9-12 students are enrolled in a charter, the other larger group of
high school students educated through a Hawaiian medium/immersion
program are in an off-campus program of standard public school Hilo
High School. However, that off-campus program is located on property
rented by a charter school with space provided free of charge to the
state Deparment of Education along with other benefits from that
charter school. East Hawai`i has an especially large population of
Native Hawaiians. One of the charters in East Hawai`i is also providing
a satellite charter program in the Wai`anae area on O`ahu, another area
of high Native Hawaiian concentration. That program provides the only
access to middle school through Hawaiian in Wai`anae. On Moloka`i, an
island with an especially high concentration of Native Hawaiians, the
only access to Hawaiian language medium/immersion education at the
elementary level is through a charter school. The teacher shortage in
these charters remains unassessed by the State Department of Education.
While the state may be culpable for some of the challenges of
Native Hawaiian students enrolled and wanting to enroll in Hawaiian
language medium education, it is my opinion that the federal government
is most culpable, with the USDE particularly at fault. The federal
government has a trust responsibility for Native Hawaiians, including
protecting the right of access to education through Hawaiian. The USDE
is not following ESSA reporting requirements that it collect data from
the state on education through the medium of Hawaiian and presenting
that data to Congress so that Congress can address the needs of Native
Hawaiians relative to Hawaiian language medium/immersion education.
Past action by the USDE relative to Hawaiian language medium/
immersion education can be interpreted by those in the state government
as discouraging any reporting on the needs of Native Hawaiians relative
to Native Hawaiian language medium education. For instance, there have
been boycotts of federally required state assessments through English
among Native Hawaiian parents with children in Hawaiian language medium
programs insisting on the state--and by implication the USDE follow
NALA and related NALA provisions in the ESEA. The state made several
failed attempts to get the USDE to accept Hawaiian language assessments
tailored to the distinctive nature of Hawaiian language medium
education and has received the most support from the USDE for
assessment through Hawaiian using unusual provisions unrelated to NALA.
Direct discussions with Secretary of Education Duncan from Native
Hawaiians directly involved in Hawaiian medium education resulted in a
promise to ``look into the matter'' followed by no action. Most
recently Hawaiian language medium education program participants have
shared information on NALA related features of the ESEA on May 18, 2022
with Mr. Christopher Soto, Senior Advisor to Secretary of Education
Miguel Cardona, with the hope that something would be done regarding
following NALA and NALA provisions in the ESEA. Secretary Cardona may
be more familiar with the challenges of Hawaiian language medium
education, which parallel challenges of Spanish medium education in
Puerto Rico, an area that Mr. Soto indicated to us was an area of
special concern for Secretary Cardona.
To understand the challenges faced by Hawaiian language medium
education, one needs to understand what legal provision have been put
into place by Congress relative to Hawaiian language medium/immersion
education as a form of Native American language medium/immersion
education. The first of these is the Native American Languages Act of
1990 (NALA). NALA includes Section 103 with the definition of ``Native
American and Native American language'' (including Native Hawaiians)
used in other laws, including the ESEA.
NALA also includes Section 104 that recognizes the rights and
freedom of Native Americans to use, practice, and develop Native
American languages and the policy of the United States to preserve,
protect and promote those rights and that freedom (Section 104 (1)).
NALA Section 104 (2) recognizes the challenge of providing teachers for
instruction in Native American languages and allows hiring of
uncertified teachers.
NALA 104 (3), highly relevant to Hawaiian language medium
education. NALA104 ( 3) states that it is the policy of the United
States to encourage and support the use of Native American languages as
a medium of education. (I contend that neither the USDE or BIE have
encouraged or supported the use of Native American languages as a
medium of education, at least not Hawaiian language medium/immersion
education.) NALA 104 (4) indicates that it is the policy of the United
States to encourage States and local education programs to work with
Native American parents, educators, Indian tribes and other Native
American governing bodies in implementation of programs to put this
policy in effect. (I have not seen evidence that the USDE or BIE has
consistenly provided such encouragement.)
NALA 104 (5) recognizes the right of Indian tribes and other Native
American governing bodies to use Native American languages as a medium
of instruction in all schools funded by the Secretary of the Interior.
(In my association with a number of American Indian groups working to
initiate and develop Native American language medium/immersion
education programs I have not heard of any major effort of the
Secretary of the Interior making any effort to pubicize, let alone
promote that right.
NALA 104(6) recognizes the right of tribes and states and other
government bodies to declare Native American languages official and to
carry out their own business through Native American languages. For
Hawai`i, Hawaiian has been an official language coequal with English
since 1978 and a language of official delivery of publically funded
educations since 1986, further strengthened with additional legislation
and policies in subsequent years. However the USDE has yet to clearly
support with any sort of accomodations for Hawai`i having two official
languages. I have heard that a number of tribes have declared their
traditional languages official, but, I have not heard of any changes
implemented by the USDE or BIE to procedures for meeting ESEA relative
to such official tribal language status.
As alluded to above in the discussion of NALA, the key law relative
to either promoting or suppressing Native American language medium
education including Native Hawaiian language medium education is the
Elementary and Secondary Education Act (ESEA), the current version of
which is the Every Student Succeeds Act (ESSA) passed in 2015, preceded
by the No Child Left Behind Act (NCLB) passed in 2001. Note that NALA
passed in 1990 was followed in 1993 by amendments to the ESEA that
aligned with NALA. Those provisions in large part remain through NCLB
and have continued in ESSA along with additional provisions related to
NALA in ESSA.
Although those earlier NALA provisions to the ESEA were largely
ignored for two decades, I address here the current ESSA law. I note in
particular that outside Title VI ``Indian, Native Hawaiian, Native
Alaska Native Education'', there are four places in the ESSA where NALA
provisions for the Native Hawaiian language spoken by Native Hawaiians
is included. Sec. 3201(8) repeated as Sec. 8101 (34) is where the terms
``Native American'' and ``Native American language'' are defined as in
NALA. NALA includes Native Hawaiians and the Hawaiian language under
that definition.
The U.S. Department of Education has failed to include Native
Hawaiians and the Hawaiian language in its reports to Congress on
Native American students and Native American languages on the
implementation of Title III ``Language Instruction for English Learners
and Immigrant Students'' produced by its Office of English Language
Instruction. Native Hawaiians learning through the Hawaiian language
are the single largest national effort in implementing Sections 3124(3)
``Rules of Construction'' and Sections 3127 ``Programs for Native
Americans and Puerto Rico'' of Title III of ESEA. Those two provisions
of Title III are the main federal provisions protecting the NALA rights
of Native American students to be educated through the medium of Native
American languages parallel to the right of students in Puerto Rico to
be educated through the medium of Puerto Rico's official Spanish
language. Those ESEA provisions give Native Americans and their
governments the same rights to use their languages as official
languages of education as provided Puerto Rico to use Spanish in
education.
The U.S. Department of Education in its reports to Congress on
Title III through its Office of English Acquisition (OELA) does not
explain NALA nor Sec. 3124(3) or 3127 relative to Native American
languages or explain that Hawaiian is among the Native American
languages as defined in Sec. 3201(8) of Title III (See the latest such
mandated report ``The Biennial Report to Congress On the Implementation
of the Title III State Formal Grant Program--School Years 2016-2018''
https://www.ncela.ed.gov/files/biannualreports/OELA-BiReport16-
18.508.pdf as required of the USDE by ESSA Section 3122(b).
The above referenced OELA report does explain, however, the
distinctive use of Spanish as the medium of education in Puerto Rico
and that rather than measuring English proficiency, the focus in Puerto
Rico is on Spanish proficiency and that therefore ``English Learner
(EL)'' actually means ``Spanish Learner''. On page 7, that OELA report
provides a footnote explaining that the distinctive application of
Title III to Puerto Rico's use of Spanish as the medium of education is
based in ESEA Title III Section 3127 ``Programs for Native Americans
and Puerto Rico'', a provision that also applies to Hawaiian language
medium education and also all other Native American language medium
education in the United States. That footnote does not further explain
how the US Department of Education has used Section 3127 (and its
identical predecesor in NCLB, i.e., its Section 3128 ``Programs for
Native Americans and Puerto Rico'') to overrule other sections of ESEA,
including Title I, relative to public education in Puerto Rico. Such
action provided protection of the use of Spanish as the medium of
education in Puerto Rico regardless of the lack of distinctive wording
in ESEA to protect the use of Spanish in Puerto Rico's schools for all
cases where there was a conflict with the wording of the ESEA outside
Section 3127.
The distinct use of Spanish as the medium of education is listed
repeatedly in that OELA report as it is in earlier such reports.
However, under the section devoted specifically to Puerto Rico (pages
236-237), under the ``Top Five Languages Spoke by Spanish learners in
State'' for school year 2017-2018 listed in order are: A. Haitian,
Haitian Creole 20; B. Spanish, Castilian 12; C. Chinese 7; D. Arabic 4;
E. Mandingo 4. Not only is inclusion of B. ``Spanish'' surprising and
not explained as ESSA makes no provision for students other than Native
Americans who speak a non-standard form of the medium of education to
receive Title III support, but this data reported by the USDE for
Puerto Rico fails to mention English-speaking ``Spanish Learners''. The
Puerto Rico ESEA Plan https://www2.ed.gov/admins/lead/account/
stateplan17/prconsolidatedstateplanfinal.pdf approved by the U.S.
Department of Education on May 16, 2019 https://www2.ed.gov/admins/
lead/account/stateplan17/map/pr.html. Puerto Rico's ESEA Plan reported
to the USDE that in the fall of 2016 there were 1,141 English-speaking
students served with Title III funds. Those English-speaking students
were by far the largest ``Spanish Leaner'' group served with Title III
funds at 95 percent of all Spanish Learners in the fall of 2016. Why
did the USDE not include that group in its report to Congress`
In contrast to the repeated references to Spanish being used
officially to deliver education in Puerto Rico, the above OELA report
to Congress fails to state that Hawaiian is an official medium of
education in Hawai`i also protected under ESSA Title III Section 3127
``Programs for Native Americans and Puerto Rico'' as are all Native
American language medium programs. Furthermore, Hawaiian language
medium education is accorded additional protections under Section
3124(3) not accorded the Spanish medium education system of Puerto
Rico. In addition, the definition that assigns students to the
protection of Title III includes distinctive wording for Native
American children (including Native Hawaiian children). That ``English
Learner'' definition assigns such Native American children enrolled in
Native American language medium education (including Hawaiian language
medium education) to the protections of 3127 and 3124(3).
The definition of ``English Learner'' (ESEA Section 8101(20)
includes the wording: The term ``English Learner`, when used with
respect to an individual, means an individual-. . . (C)(ii)I who is a
Native American (Note: this includes Native Hawaiians and Alaska
Native) or an Alaska Native (Note: although this is redundant but draws
attention and therefore some protection). . . and (II) comes from an
environment where a language other than English has a significant
impact on the individual's English proficiency (as is the case for a
student enrolled in a Native american language Medium School protected
under Sections 3124(3) and 3127, i.e., a school taught entirely or
predominantly through Hawaiian or another native American
language)...and D whose difficulties in speaking, reading, writing, or
understanding the English language may be sufficient to deny the
individual--(i) the ability to meet challenging State academic
standards; (ii) the ability to successfully achieve in classrooms where
the language of instruction is English; or (iii) the opportunity to
participate fully in society.
Parallel to the U.S. Department of Education approved ESEA Plan for
Puerto Rico, the Hawai`i's ESEA plan https://oese.ed.gov/files/2022/05/
HI-Consolidated-State-Plan.pdf Approved by the U.S. Department of
Education https://oese.ed.gov/offices/office-of-formula-grants/school-
support-andaccountability/essa-consolidated-state-plans/ clearly states
on page 14, 21 and 23 that Hawai`i has two official languages and that
Hawaiian is a medium of K-12 education and state assessment. The
parallels between Hawai`i and Puerto Rico have been ignored by the USDE
as is the fact that Hawaiian medium and Spanish medium education in
Puerto Rico are both covered by the same Section 3127 ``Programs for
Native Americans and Puerto Rico''. Other Native American language
medium programs elsewhere in the United States are also ignored.
The definition of ``Native American'' and ``Native American
language'' in the ESSA is also ignored in the legally required USDE
OELA report to Congress. This is a matter of import as the meaning of
those two terms determines a distinctive pathway to protections of
Title III. Section 3124(3) protecting use of Native American languages
in federally funded education as required under NALA section 105. This
included dominant use of Native American languages in place of dominant
use of English.
Section 3127 allows Native American language medium education
distinctively designed evaluation and assessments, which allows full
revitalization of Native American languages. Assessment of Native
American language medium education through state English medium
assessments and the English-derived standards used for those English
medium assessments are a major issue in Hawai`i, where Hawaiian is used
as a total, or dominant, medium of education from kindergarten through
grade 12 a number of schools schools. For example at P-12
Nawahiokalani`opu`u laboratory school here in Hilo, all classroom
instruction is through Hawaiian. English is introduced as a course in
grade 5 and continues as a course through to grade 12. English is
taught through Hawaiian at Nawahiokalani`opu`u and produces the
required increase of English proficiency called for in Section 3127.
Puerto Rico also meets Section 3127 by teaching English as a course.
Often using Spanish as the medium to teach English parallel to the use
of Hawaiian to teach English at Nawahi. However, Puerto Rico actually
devotes five more years to teaching English than does
Nawahiokalani`opu`u, as the teaching of English begins in kindergarten
and continues through to grade 12 in Puerto Rico. Nawahiokalani`opu`u
seniors as reported in the testimony on one of the panels, Ms. Namaka
Rawlins, have a considerably higher high school graduation rate and
higher rate of matriculation into English medium tertiary education
than do seniors in the English medium state public school system for
all races, and even more so than for Native Hawaiians.
The lack of USDA attention to the fact that Sections 3124(3) and
3127 allow a Native American language to be a full medium of education
equal to English for Native American students is unconscionable if not
contrary to ESSA. Similarly, the relegation of Puerto Rico's use of
Spanish rather than English as the full medium of education to
footnotes and otherwise forcing it into charts that use the heading
``English'', is highly detrimental to obtaining accurate data relative
to implementation of ESSA. The USDE OELA report to Congress makes no
mention that Hawai`i uses Hawaiian medium education (contrary to the
USDE approved Hawai`i state ESSA plan). Indeed the only state for which
Hawaiian speakers are served with Title III funds is Washington State
(page 135). In an earlier report, the USDE reported Hawaiian-speakers
as one of the top five languages served with Title III funds--again
failing to report English speakers there.
Hawaiian medium education is hidden under the term total English
medium education in the latest USDE OELA report Title III
implementation in Hawai`i and has been since NCLB. This USDE reporting
on Hawai`i is inspite of the fact that the number of students educated
through the medium of Hawaiian has grow to the point that it exceeds
the largest non-English language accorded Title III support in the
English medium schools, i.e., Ilokano (or Iloko) 2,692 in the 2017-2018
school year (OELA report page 40). For the 2017-2018 school year there
were 2,790 students enrolled in government supported K-12 Hawaiian
language medium/immersion education as reported earlier above.
Furthermore data collected by the US Census Bureau now shows that
Hawaiian is the largest non-English language reported as spoken in
Hawai`i homes by children aged 5-17 (page 5 of Non-English Speaking
Population of Hawai`i) https://files.hawaii.gov/dbedt/economic/
data_reports/Non_English_Speaking_Population --
in_Hawaii_April_2016.pdf. If I am not mistaken, data collected by the
US Census Bureau is the basis by which the USDE determines the amount
of funding for Title III accorded to states. In such a circumstance, it
is noteworthy that unlike Puerto Rico which is accorded funding for
Title III purposes for schools taught through its non-English official
language Hawai`i is not, except for a small charter school that uses
Ni`ihauan as its medium of education. Some in Hawai`i contend that
Ni`ihau is a language of its own and not Hawaiian, which is the terms
used for the official state language. Others contend that Ni`ihau is
the most distinctive of the Hawaiian dialects. The Hawai`i Department
of Education only provides Title III support to Hawaiian speakers in
the case of that charter school taught through Ni`ihauan and in the
cases of where a student transfers out of a Hawaiian language medium
program into an English medium school.
In my opinion, Native American language medium schools outside
Hawai`i have a more difficult situation than Hawaiian as their states
have not recognized their Native American languages as an official
medium of education, although ESSA does not require that for the
provisions of ESSA Sections 3124(3) and 3127 to be implemented by a
state or the BIE. My understanding is that outside Hawai`i, all
government funded Native American language medium programs, whether
operated by the states (including charters) or by the BIE are required
to be assessed through English (contrary to both 3127 and 3124(3)).
USDE OELA reports to Congress do not indicate what programs serving
Native American English Learner students are Native American language
medium programs as defined in such legislation as Public Law No. 116-
101. Instead programs that include any attention to Native American
language speakers or learners are listed as LIEP (Language Instruction
Education Programs) with the assumption that such programs have their
base and assessments in English. (Puerto Rico's Spanish medium programs
are also listed in this way masking the use of Spanish there as the
medium of instruction and assessments, except through footnotes.)
To my knowledge not a single Native American language medium
program, that is, a program where a Native American language is
dominant in accordance with Public Law No. 116-101, other than those of
Hawai`i is officially assessed for accountability purposes through the
Native American language of instruction as provided for in Sections
3127 and 3124(3). Even Hawaiian medium programs, which are assessed
through Hawaiian for certain subjects and grade levels (but not all),
are not so assessed under the provisions of Sections 3127 and 3124(3),
but under an archane ``double testing'' waiver and reference to ESSA
200.6j (See Hawai`i ESEA plan page 15)
The latest USDE OELA report to Congress on Title III has a few
pages that focus on American Indian and Alaska Native English learners
(pages 48 and 49). Those pages do not explain the unique definition of
``English Learner'' relative to Native Americans (again that includes
Native Hawaiians). Nor do those pages explain that Native American
English Learners are explicitly adressed in Sections 3124(3) and 3127.
The focus of pages 48 and 49 is primarily that American Indian and
Alaska Native English Learners represent a relatively small number of
students found mostly in a few Western states including Alaska,
Arizona, Montana, New Mexico, Oklahoma and Utah. No mention is made of
Hawaiian and Native Hawaiians.
American Indian and Alaska Native language are also listed under
varioius forms of Language Instruction Education Programs (LIEP)
focused on English acquisition that also include a non-English
language. There is no indication as to whether the inclusion of such
Native American languages is at any particular level of use compared to
English--a detail associated with a distinct legal status for under
Public Law No. 116-101. The inclusion under Public Law No. 116-101 of a
required high level of use of a Native American language in a school
program funded by it indicates an understanding of Congress relative to
the amount of attention to a Native American language required to
revitalize and/or maintain it in school. The USDE OELA report lists
programs using American Indian and Alaska Native languages as parallel
to foreign and immigrant languages which have no special protection for
survival in the United States parallel to legal protections accorded
Native American languages . Nor do the languages with which those
Native American languages are listed have any law referencing them to
being required to be ``dominant'' in school to qualify for funding as
under Public Law No. 116- 101 for Native American languages.
Especially confusing from a Hawai`i perspective is to see that the
largest number of American Indian and Alaska Native languages used with
Title III funding are included under a category called ``heritage
languages'' (pages 112-121). At Nawahiokalani`opu`u School the term
``heritage language'' is used to refer to languages of immigrant
neighbors and ancestors who came to Hawai`i and which
Nawahiokalani`opu`u students study to honor those ancestors and
neighbors while maintaining some sort of connection to those languages
of history. The understanding, however, at Nawahiokalani`opu`u in
studying ``heritage languages'' is that such ``heritage languages''
have countries outside the United States that are their homelands, and
that the people who remain in those homelands have the responsibility
to maintain those heritage languages as strong and vibrant in their own
homelands. The American Indian, Alaska Native and Hawaiian languages
are not seen as ``heritage languages'' by Nawahiokalani`opu`u students,
but as Native American languages whose survival in their homelands
within the United States is seen as the responsibility of the federal
government working together with Native Americans, as stated in NALA.
At Nawahiokalani`opu`u Hawaiian language medium school all students
are required to study several years of one or more such heritage
languages, usually to include Japanese. Those heritage languages are
studied through Hawaiian. Hawaiian itself, however, is seen as the
official language of the state used at the school, and a language with
a distinct Native American language status under federal and state law.
At the very least one would expect the USDE and OELA to recognize a
distinct category of Native American languages and separately list them
in its various charts rather than included them under the term
``heritage language''.
After discussing American Indian and Alaska Native languages
somewhat on the preceeding two pages of the USED OELA Title III report,
then on page 50, for the first time in such a report, there is a
references NALA. There the report describes federal efforts to
revitalize Native American languages which it says have occurred ``in
recent years''. Native American language revitalization has actually
been occurring with federal support for almost three decades since
passage of NALA in 1990. Even with this first ever reference to Native
American language revitalization in a Title III report to Congress,
much is missing in the single page 50 regarding Native American
language revitalization.
It is especially surprising to see in that full page description of
Native American languge revitalization and NALA 1990 no referrence to
inclusion of the Hawaiian language. Native Hawaiians played a major
role in the drafting of NALA and the national effort to get support
from other Native American communities to Senator Daniel Inouye of
Hawai`i, who was chairing the Senate Indian Affairs Committee and
championed the bill in Congress. Furthermore, Native Hawaiians have
provided major support to other Native Americans in developing their
own Native American language medium programs, often modeled on Native
Hawaiian medium programs that have exited since the early 1980s.
Numerous other Native American peoples have been hosted in Hawai`i by
Native Hawaiians to observe Hawaiian language medium education and
learn about how it has been implemented in the islands. Native American
language medium education is an area where Native Hawaiians have been
leading the nation.
Related to overlooking Native Hawaiians relative to Native American
language revitalization and the support that Native Hawaiians have
provided the larger Native American language revitalization movement,
is the recent rumor that the funding for the Congressionally passed
National Native American Languages Resource Center was assigned to the
Office of Indian Education under the USDE thus excluding Native
Hawaiian participation. Such an action would b contrary to the intent
of the National Native American Languages Resource Center bill and
needs to be corrected if true.
One area, where the Senate Committee on Indian Affairs could make a
major impact on assuring federal shoulder of its trust responsibilities
to Native Hawaiians would be to actively pressure the executive branch
and its department appointees, such as the Secretary of Education, to
implement the provisions in NALA and the NALA provisions of ESSA as
well as other Congressionally passed Native American language
legislation to assure inclusion of Native Hawaiians as Congress
intended. In taking such action the Committee and the overall federal
government will be serving the broader classification of ``Native
Americans'' as defined by NALA. Native Hawaiians are paving the road
for successful language revitalization for Native Americans as a whole.
Native American languages are severly endangered and continue to be
surpressed under federal and state educational procedures and policies
in spite of the fact that such procedures and policies often run
counter to NALA and NALA related ESSA provisions. Those procedures and
policies need to be changed in the immediate future. Funding is also
sorely needed to support the growth of Native American language medium
education.
I again thank the Committee for holding a hearing here in Hilo. I
strongly urge that the Committee take action to assure that laws
relating to Native American languages not only include Native Hawaiians
in their wording, but also include Native Hawaiians as actual
beneficiaries. Implementation of those laws must be at the highest
level of interpretation in support of Native peoples controlling their
own lives and children's lives.
Mahalo nui!
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