Native Hawaiian Federal Recognition: Joint Hearing Before the Committee on Indian Affairs, United States Senate, and the Committee on Resources, United States House of Representatives, One Hundred Sixth Congress, Second Session, on S. 2899 ... and H.R. 4904 ....

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Page 207 - Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.
Page 146 - ... those which, having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop and transmit to future generations their ancestral territories, and their ethnic identity, as the basis of their continued existence as peoples, in accordance...
Page 42 - AUTHORIZATION OF APPROPRIATIONS. 2 There is authorized to be appropriated such sums as 3 may be necessary to carry out the activities authorized in 4 sections 4, 6, and 7 of this Act.
Page 138 - 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...
Page 207 - The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Page 141 - The United States government has a unique legal relationship with Native American Tribal governments as set forth in the Constitution of the United States, treaties, statutes, and court decisions.
Page 180 - WHEREAS the Government of the Republic of Hawaii having, in due form, signified its consent, in the manner provided by its constitution, to cede absolutely and without reserve to the United States...
Page 207 - material' and precludes grant of summary judgment if proof of that fact would have [the] effect of establishing or refuting one of the essential elements of the cause of action or defense asserted by the parties, and would necessarily affect [the] application of appropriate principle[s] of law to the rights and obligations of the parties.
Page 141 - They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage: their relation to the United States resembles that of a ward to his guardian.
Page 151 - [a] tribe's right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community.

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