John CARROLL, Plaintiff, and Patrick Barrett, Plaintiff-Appellee, Patrick Kahawaiolaa; Virgil Day; Emmett Lee Loy, Intervenors-Appellants, Office of Hawaiian Affairs, Intervenor-Appellee, v. James NAKATANI, in his capacity as Chairperson/Director of the State of Hawaii Department of Agriculture; Paul Lamahieu, in his capacity as Chairperson/Director of the State of Hawaii Department of Education; Timothy E. Johns, in his capacity as Chairperson/Director of the State of Hawaii Department of Land and Natural Resources; Seiji Naya, in his capacity as Chairperson/director of the State of Hawaii Department of Business Economic Development & Tourism; Kazu Hayashida, in his capacity as Chairperson/Director of the State of Hawaii Department of Transportation; Raymond Sato, in his capacity as Chairperson/Director of he State of Hawaii Department of Accounting and General Services; State of Hawaii; Benjamin J. Cayetano, in his official capacity as the Governor of the State of Hawaii; Charles Ota, Collette Machado; Nalani Olds; Nani Brandt; Clayton Hee; Gladys Brandt; Dante Carpenter; Ilei Beniamina; and Hannah Springer, in their capacities as Trustees of the Board of Trustees of the Office of Hawaiian Affairs, Defendants-Appellees; John Carroll, Plaintiff, and Patrick Barrett, Plaintiff-Appellant, v. James Nakatani, in his capacity as Chairperson/Director of the State of Hawaii Department of Agriculture; Paul Lamahieu, in his capacity as Chairperson/Director of the State of Hawaii Department of Education; Timothy E. Johns, in his capacity as Chairperson/Director of the State of Hawaii Department of Land and Natural Resources; Seiji Naya, in his capacity as Chairperson/director of the State of Hawaii Department of Business Economic Development & Tourism; Kazu Hayashida, in his capacity as Chairperson/Director of the State of Hawaii Department of Transportation; Raymond Sato, in his capacity as Chairperson/Director of he State of Hawaii Department of Accounting and General Services; Charles Ota, Collette Machado; Nalani Olds; Nani Brandt; Clayton Hee; Gladys Brandt; Dante Carpenter; Ilei Beniamina; and Hannah Springer, in their capacities as Trustees of the Board of Trustees of the Office of Hawaiian Affairs, Defendants, Victoria Holt-Takamine; Piilani Smith; Wayne KahoOnei Panoke; Momi Kamahele; Trustees of the Office of Hawaiian Affairs, Defendant-Intervenors, and State of Hawaii; Benjamin J. Cayetano, in his official capacity as the Governor of the State of Hawaii, Defendants-Appellees, IlioUlaokalani Coalition; Office of Hawaiian Affairs; State Council of Hawaiian Homestead Association, Defendant-Intervenors-Appellees