Settlement with the State

HCDA’s plan could end up privatizing the Kewalo Basin

HCDA needs to consider all of the Stakeholders involved before signing a 50-year lease with a mainland company!

`Ano`ai kakou… On April 11, 2012, Governor Neil Abercrombie signed the historic $200 million settlement between the State and OHA. After many years of negotiations, OHA finally resolved all claims that were raised with the State relating to its portion of income from the public land trust from November 7, 1978 to June 30, 2012. The State fulfilled its constitutional obligations to Native Hawaiians by providing OHA with fee simple title to lands in Kakaako makai.

However, to our surprise, on June 7, 2012, the Honolulu Star-Advertiser reported that the Hawaii Community Development Authority, which has jurisdiction over Kewalo Basin, had agreed to lease the 143-slip harbor in Kakaako for 50 years to California-based marina operator Almar Management Inc. and a partner doing business as KB Marina LP.

The Almar partnership would finance $22 million in repair work to replace all piers and docks and would increase boats slips from 143 to 243. Almar anticipates the upgrades taking five years to complete and would pay HCDA about $45 million in rent over 50 years.

OHA owns the property along the Ewa side of the harbor including the former Fisherman’s Wharf Restaurant area. Late last year, OHA asked HCDA’s board to delay a final decision on the renovation and expansion plans so that we could better understand how the harbor changes would affect our property.

Now OHA is feeling heavy pressure from both the HCDA and the Governor’s office to accept the harbor improvements, which include two “finger” piers that will extend from OHA’s Fisherman’s Wharf site. It is important to note that OHA was not aware of the HCDA’s commitment to the two finger piers prior to our signing the settlement agreement with the State. We did not know that there were “strings attached” to the properties.

OHA is counting on the Kakaako lands to someday generate the revenue needed to support our many Native Hawaiian programs. The properties are crucial to OHA and our future nation becoming completely self-sufficient.

The “Save Kakaako Ohana” is counting on OHA to develop our properties in a responsible and culturally sensitive way while preserving community access to the ocean.

If HCDA gets their way, OHA’s land will surely be devalued. We need our ocean front not only for its beauty and view, but also to be able to master plan our area as a whole. The last thing we need is a large cruise ship docked in front of our property. It is also ridiculous that the State believes $45 million is a lot of money over 50 years. In 50-years, the property will be worth a hundred times that amount!

Help us stop this insane plan by showing your support for OHA to retain its rights to its waterfront. Make your opinions known to the HCDA, your state legislators, and the governor’s office.

Legislative Update

There are several bills introduced in the 2013 legislature that are threatening to cause deep divisions within the Native Hawaiian community. For example, HB 252 seeks to prevent Native Hawaiians who are not residents and/or Hawaii registered voters from participating in the Native Hawaiian Roll Commission’s enrollment process. The legislature should refrain from joining the contentious debate about who is a Native Hawaiian. That decision should be made by Native Hawaiians themselves. Aloha Ke Akua.

Aloha, Senators Inouye and Akaka

`Ano`ai kakou… My family and I were deeply saddened to learn of the passing of Senator Daniel K. Inouye. There are no adequate words to express this loss. Our hearts and thoughts are with Sen. Inouye’s family, his countless friends, and his dedicated staff members during this difficult time. We will always be grateful and remember Senator Inouye for his 50 years of public service as a U.S. Senator.

I am also so very grateful for Senator Daniel Akaka’s 36-years of service in Congress. Senator Akaka’s many years of service and dedication to all the people of Hawaii is an ideal example that all future leaders should strive toward. Mahalo nui loa for all of your hard work over the past 12-years to establish a solid foundation for all Native Hawaiians to utilize as we finally restore our native sovereignty.

Legislative Leadership Changes

Congratulations to new House Speaker Joe Souki. A change in the Speakership is long overdue and a welcome turn of events. I wish him and his new leadership team well in this legislative session.

The sudden passing of Senator Inouye brought about many changes in local politics, especially in the leadership of the State Senate. Senate Vice-President Donna Mercado Kim will replace former Senate President Shan Tsutsui, who became Lt. Governor. Newly appointed Senator Gilbert Keith-Agaran has filled the void left by Lt. Governor Tsutsui.

Kewalo Basin

A great concern for OHA this year are the proposed “finger piers” that will front our property at Kewalo Basin. After OHA signed the agreement with the State to receive the Kakaako Makai lands at Kewalo, the Hawaii Community Development Authority (HCDA) informed OHA about the finger piers that had been promised to an earlier developer who had already spent a great deal of cash on the development of the harbor.

This poses a huge problem for OHA. Placing piers in front of our Fisherman’s Wharf property and the adjacent waterways will seriously reduces the value of our land and takes away our rights to develop our own piers. I will keep you posted on this issue.

Kuleana Lands

Recognizing Kuleana Lands as historical lands is one of my priorities for the 2013 legislative session. Last year, the Senate passed out a resolution protecting Kuleana Lands, but the former House Speaker killed the House version. Not sure why.

Public Land Development Corporation

The Public Land Development Corporation (PLDC) is a state entity created by the Legislature in 2011 to develop state lands and generate revenues for the Department of Land and Natural Resources. The PLDC became a highly controversial issue in the past legislative session, but the good news is that all parties now agree the PLDC needs to be repealed or it has to be significantly amended to incorporate the changes that the public has been demanding. Aloha Ke Akua.

Wrapping-up a historic year for OHA

Congratulations to all of the public servants elected in 2012. Campaigning can be a grueling process. I look forward to working with all of you in the 2013 Legislative Session to better the conditions of Native Hawaiians.

New Maui Trustee and OHA CEO

OHA began the year by welcoming new Maui Trustee, Carmen “Hulu” Lindsey, who was appointed by Governor Neil Abercrombie. Trustee Lindsey brought a much needed burst of new energy to the board with her knowledge, experience, and willingness to give her all for our beneficiaries.

OHA’s Administration underwent major changes with the appointment of Dr. Kamana’opono Crabbe as its new Ka Pouhana/CEO. I have been impressed by his exemplary work over the past eight months and I look forward to the positive changes he will bring to OHA in the coming year.

Appointed BAE Vice-Chair & Served as a Legislative Liaison

I was honored to be appointed Vice-Chair of the Committee on Beneficiary Advocacy and Empowerment (BAE), one of only two subject-matter committees under the Board. I worked closely with BAE Chair, Trustee John Waihe’e IV, on legislation and on-going programs. I also continued to serve as one of two “Legislative Liaisons” appointed by Trustee Waihe’e for the 2012 legislative session.

Protecting Kuleana Land Property Tax Exemptions

On November 22, 2011, the Star-Advertiser reported that the Real Property Tax Advisory Commission recommended that the City & County of Honolulu eliminate property tax exemptions for about 150,000 Oahu homeowners, including Kuleana Land owners.

On January 23, 2012, I testified before, the City Council’s Budget Committee hearing on the Real Property Tax Advisory Commission’s Report. I explained the heartbreaking history of Kuleana Lands and stressed to the Budget Committee Chair, Councilmember Ann Kobayashi, that OHA strongly opposed the proposal. Thankfully, the matter was dropped (for now at least). Upon Councilmember Kobayashi’s recommendation, I worked to get the State Legislature to pass a resolution supporting the protection and preservation of Kuleana Lands.

On April 10, 2012, the State Senate adopted Senate Resolution (SR) 33 which urged the counties to preserve property tax exemptions for Kuleana Lands. I would like to offer my sincere thanks to Senator Malama Solomon who introduced SR 33, and Senators Brickwood Galuteria, Gilbert Kahele, Donovan Dela Cruz, and Michelle Kidani for signing onto the resolution. I would like to give a big Mahalo to OHA staff members Breann Nu’uhiwa, Sterling Wong, Jim McMahon & Luci Meyer for all their efforts to get this resolution passed.

I would also like to send a special Mahalo to Representative Faye Hanohano for introducing the House versions of the resolutions, HCR 117 & HR 89. However, Speaker Calvin Say killed both resolutions in the Finance Committee so we need to try again next year.

Settlement Bill Passes

On April 11, 2012, in an emotional ceremony at Washington Place, Governor Abercrombie signed the historic $200 million settlement between the State and OHA. After many years of negotiations, OHA finally resolved all claims that were raised with the State relating to its portion of income from the public land trust from November 7, 1978 to June 30, 2012 on past due amounts owed. The State has now fulfilled its constitutional obligations to Native Hawaiians by providing OHA with fee simple title to lands in Kakaako makai. The proposal will not affect any other claims against the state.

Happy Thanksgiving

May each and every one of you have a safe and happy Thanksgiving full of wonderful food, family and friends. Aloha Ke Akua.

The need for fiscal responsibility

`Ano`ai kakou… On May, 30, 2012, the Star Advertiser reported that the state Council on Revenues lowered the revenue projection for next fiscal year, which prompted Governor Abercrombie’s administration to cut back the state’s spending.

This is not surprising. When revenues are down, everyone cuts back on spending. Everyone except OHA.

Trustees Keep on Spending

Our new CEO, Ka Pouhana Kamana’opono Crabbe, has been working diligently to cut our budget wherever possible and to streamline operations to save money, but there are still Trustees who insist on spending more.

This extra spending puts enormous pressure on our dwindling resources at a time when OHA has already accepted major financial commitments such as Waimea Valley, ownership of the Kaka’ako Makai Settlement Properties, and other commitments such as the $3 million/per year for 30-years debt service for the Department of Hawaiian Home Lands and funding for organizations such as Alu Like, Inc. and the Native Hawaiian Legal Corporation that have made their way into our annual budget. These are huge amounts of revenues being contracted to these entities. Add to this the grants and annual operational expenses and we are maxed out.

A Constant Issue

Overspending has been a longstanding problem at OHA. In April of 2004, our money committee chair asked for a legal opinion that would allow OHA to spend more of the Native Hawaiian Trust Fund. He even questioned whether it’s even appropriate to build the Trust at all.

I have consistently argued against OHA’s 5% spending policy and strongly recommended that it be reduce instead to 4%, at least until the economy fully recovers again. Even Kamehameha Schools operates at a lower spending rate than 5%.

Fiscal Restraint

In these tough economic times, there are nearly a hundred nonprofit organizations asking for OHA grants each year. While giving the money away will make OHA very popular in the short-term, we should be focusing on the long-term health of the Native Hawaiian Trust Fund.

We have worked carefully for two decades to build the Trust to over $300 million. I would hate to see this relatively modest amount shrink down to nothing in shortsighted spending sprees that forces us to realign our budget several times a year and draw more money from our corpus (trust). What other organization does this?

Greater Transparency

State law (Hawaii Revised Statutes §10-14.5 on budget preparation and submission; auditing, Section b) requires that: “The (OHA) board shall provide opportunities for beneficiaries in every county to participate in the preparation of each biennial and supplemental budget of the office of Hawaiian affairs. These opportunities shall include an accounting by trustees of the funds expended and of the effectiveness of programs undertaken.”

I have recommended time and time again that OHA needs to take its proposed budget out to the community so that our beneficiaries can give us their input as well as tell us what their needs are.

This was the common practice of OHA in the past and I believe it helped OHA to develop a budget that was more in-sync with our beneficiaries’ concerns.

I will continue to press OHA’s money committee chair to take our next proposed budget out to the community, as required by law, including the neighbor islands.

So which path will OHA’s leadership take?

It has long been understood that OHA is a “temporary” organization that will someday be dissolved and its assets transferred over to the new Hawaiian Nation.

So the critical policy question is: “Will OHA continue to be a ‘temporary’ organization that will give the Hawaiian Nation the assets it needs to survive or will OHA continue to spend freely and shrink the Trust Fund?”

OHA desperately needs Trustees who will make the tough decision to focus on building towards a more permanent, long-term goal instead of taking the easy and popular path of short-sighted spending.

In this election year, OHA beneficiaries should look carefully at the candidates running for OHA Trustee and choose individuals who will take OHA in a more fiscally responsible direction.

What has been sorely lacking is for Trustees to prioritize our spending and focus on the things that our beneficiaries need and NOT use OHA’s “Strategic Plan,” which is at best a wish list of too many things and does not focus on the top priorities of our people.

NOT listing priorities leaves the door wide open for certain Trustees to continue to fund anything and everything while neglecting meaningful programs in healthcare and housing.

As long as trustees keep drawing money out of our corpus, or trust fund, we are taking money away from future generations of Hawaiians. After all, what is a nation without assets? Aloha Ke Akua.

2012 Legislative Wrap-up

`Ano`ai kakou… Congratulations to all OHA Trustees and staff members for all of their dedication and hard work in getting the OHA/State Settlement agreement passed into law. The 2012 legislative session will surely be remembered as one of OHA’s most successful.

Legislative Liaison

As Vice-Chair of the Committee on Beneficiary Advocacy and Empowerment (BAE) and one of two “Legislative Liaisons” for the 2012 legislative session, I had the distinct pleasure working closely with Senators Malama Solomon, Clayton Hee, and Brickwood Galuteria and Representative Faye Hanohano on issues relating to the Settlement and the preservation of Kuleana Lands.

Kaka’ako Makai

Senate Bill 682 proposed to add value to two parcels of land that are among the lands in Kaka’ako Makai that the OHA/State Settlement (Act 015) conveys to OHA. The right to develop residential structures on these two lots would add significant value and provide much needed revenue for our Nation.

On April 5, 2012, the Honolulu Star-Advertiser reported that SB682 was likely dead in the House. However, the Senate’s Ways and Means and Judiciary and Labor committees added similar language into a related bill that had already passed the House — HB2819 — so the language for SB682 could still be heard in conference committee. HB2819 did not pass out of its conference committee before the end of session on May 3^rd and will need to be revisited in the next legislative session.

Protecting Kuleana Land Property Tax Exemptions

On January 23, 2012, I testified before, the City Council’s Budget Committee hearing on the Real Property Tax Advisory Commission’s Report. I explained to the members of the committee the heartbreaking history of Kuleana Lands and stressed to the Budget Committee Chair, Councilmember Ann Kobayashi, that OHA strongly opposed the proposal. Thankfully, the matter was dropped (for now at least). However, upon Councilmember Kobayashi’s recommendation, I worked to get the State Legislature to pass a resolution supporting the protection and preservation of Kuleana Lands.

I would also like to send a special Mahalo to Representative Faye Hanohano for introducing House versions of the Kuleana Lands resolutions, House Concurrent Resolution 117 & House Resolution 89, and getting them approved by the House Hawaiian Affairs Committee. However, both resolutions did not get a hearing in the House Finance Committee despite my repeated requests to its Chair, Rep. Marcus Oshiro. Neither resolution called for any money to be appropriated so the question is why were they even referred to the House Finance Committee? Aloha Ke Akua.

At Long Last… A Historic OHA/State Settlement

`Ano`ai kakou… On April 11, 2012, in an emotional ceremony at Washington Place, Governor Abercrombie signed the historic $200 million settlement between the State and OHA. After many years of negotiations, OHA has finally resolved all claims that were raised with the State relating to its portion of income from the public land trust from November 7, 1978 to June 30, 2012. The State has now fulfilled its constitutional obligations to Native Hawaiians by providing OHA with fee simple title to lands in Kakaako makai. The proposal will not affect any other claims against the state.

I would like to give my heartfelt thanks to those who made this momentous settlement possible: Governor Neil Abercrombie; Senate President Shan Tsutsui; House Speaker Calvin Say; the Chairs of the House and Senate committees that heard the bill; the Native Hawaiian Caucus, and all of the legislators who voted for this historic settlement. I also thank the following Native Hawaiian organizations for their support: The Department of Hawaiian Home Lands, Hawaiian Civic Clubs, the Sovereign Councils of the Hawaiian Home Lands Assembly, Council for Native Hawaiian Advancement and Kamehameha Schools.

The lands that were transferred to OHA will someday generate the revenue needed to support OHA’s many Native Hawaiian programs. This process may take some time, but we are well on our way to someday being completely self-sufficient.

Senate Bill 682

The intent of Senate Bill 682 is to add value to two parcels of land that are among the lands in Kaka’ako Makai that SB2783 conveys to OHA. SB682 specifically proposes to allow certain lots in the makai area of Kakaako Community Development District to be developed for residential units and exempt from public facilities fees, provided that 20 percent of the units are designated for residents in the low- or moderate-income range.

OHA appreciates the bill’s intent and didn’t object to its passage — as long as it didn’t hurt the passage of SB 2783. The right to develop residential structures on these two lots would add significant value and provide much needed revenue for our Nation.

It should also be noted that OHA remains committed to the guiding principles of the Conceptual Master Plan and will address these principles in any application for development permits for the two lots. OHA will also be able to request entitlements for the S82783 properties in subsequent legislative sessions once OHA becomes the landowner.

On April 5, 2012, the Honolulu Star-Advertiser reported that SB682 was likely dead in the House. However, the Senate’s Ways and Means and Judiciary and Labor committees added similar language into a related bill that had already passed the House — HB2819 — so if this House bill is approved by the full Senate, the language for SB682 could still be heard in conference committee before the end of session on May 3rd.

Senator Clayton Hee, Chairman of the Judiciary and Labor Committee, was quoted as saying, “It’s an important bill in terms of economic development, in terms of some of the members who felt — and continue to feel — that the settlement doesn’t meet the amount that should have been settled on.” Aloha Ke Akua.

OHA/State Settlement Update

`Ano`ai kakou… Two of the most important pieces of legislation in recent OHA history have been approved by committees in the State Senate and now looks toward consideration by the House of Representatives.

Senate Bill 2783

On March 2, 2012, the Senate Committees on Judiciary and Labor and Ways and Means passed SB 2783 (part of Governor Abercrombie’s Legislative Package) UNAMENDED. SB 2783 will (1) Resolve all claims OHA has raised relating to its portion of income from the public land trust from November 7, 1978 to June 30, 2012; and (2) Fulfill constitutional obligations to Native Hawaiians by providing OHA with fee simple title to certain parcels of land situated in Kakaako makai. The proposal would not affect any other claims against the state. The bill now goes to the floor of the Senate for approval before it crosses over to the House.

I would like to thank everyone who supported S.B. 2783 including Governor Neil Abercrombie, the Attorney General; the Department of Hawaiian Home Lands, the Kalihi Palama Hawaiian Civic Club, the O‘ahu Council Association of Hawaiian Civic Clubs, the Native Hawaiian Chamber of Commerce, the Ko‘olau Foundation, Kako‘o ‘Oiwi, the Ko‘olaupoko Hawaiian Civic Club, the Association of Hawaiian Civic Clubs, and the Council for Native Hawaiian Advancement.

Once SB 2783 passes and the lands are transferred to OHA, the revenues generated by the parcels will help to support OHA’s many Native Hawaiian programs. However, this may take some time as we assess all of the options available to us and work through complicated property issues that need to be dealt with before the parcels are ready for use.

Senate Bill 682, Senate Draft 1

Also on March 2nd, the Senate Committees on Water, Land, and Housing and Judiciary and Labor passed SB 682 SD1. Essentially, SB 682 SD1 would allow residential development on two parcels (919 and 653 Ala Moana Blvd.) which will be conveyed to OHA if SB 2783 is approved by the legislature in its current form.

OHA, along with the Governor and Attorney General, testified in support of SB682 SD1. The Attorney General testified that he appreciates the bill’s intent and didn’t object to its passage as long as it does not hurt the passage of SB 2783 and is acceptable to the Legislature as a whole. OHA took the same position.

The right to develop residential structures on these two lots would add significant value and could someday provide the needed revenue for our Nation to be self-sufficient. It should also be noted that OHA remains committed to the guiding principles of the Conceptual Master Plan and will address these principles in any application for development permits for the two lots.

OHA Chair Colette Machado was quoted by KITV4 (March 2, 2012) that OHA would focus on affordable rental housing for Oahu’s workforce and not luxury condominiums. Chair Machado stated that “We could go up to 200 feet, and we are looking at residential as an opportunity as a home base for our people. We are talking rentals, not condos because we will not sell the ceded lands.” Governor Abercrombie was also quoted as saying “This is part of a whole idea of Kakaako as the third city in Honolulu. With this OHA settlement, Kakaako is going to be the place people want to be.” SB682 SD1 now heads over to the House for consideration. Aloha Ke Akua.

Looking Back at 2009 and Looking forward to 2010

By: OHA TRUSTEE ROWENA AKANA

Source: January 2010 Ka Wai Ola o OHA Column

Last year started out with the whole world caught up or affected in some negative way by America’s recession. Economists said it would probably last through to 2010 and they were right.

During the 2009 session, I found it embarrassing to sit through OHA’s budget briefing to the state legislature and listen to Senators and Representatives ask about OHA’s budget. Questions included things like “Where are OHA’s priorities for spending?” and “How much was being spent on Kau Inoa registrations and OHA’s Washington D.C. office?”

They basically scolded us for not making any sacrifices and were reluctant to give us any more money. At least that was my impression of their message to us. However, it is important to note that the approximately $3 million that we receive annually from the state helps us to serve the less than 50% Hawaiian beneficiaries that we are also mandated to serve.

SETTLEMENT WITH THE STATE

I supported Senate Bill 995, introduced by Senator Clayton Hee, which attempted to resolve the claims and disputes relating to OHA’s portion of income from the public land trust between 11/7/1978 and 7/1/2009.

Senator Hee’s proposal offered OHA $251 million in cash and 20 percent of the 1.8 million acres of ceded lands to be determined in negotiations between the agency and the Lingle administration. During the Cayetano administration, OHA was offered 20% of all ceded lands and $150 million in cash. Five OHA board members refused the offer; two of which are still on the OHA board (Trustees Haunani Apoliona & Colette Machado). In Governor Cayetano’s recent book, he speaks to the foolishness of those board members and refers to the events as a “missed opportunity” for OHA. SB995 SD2 offers OHA another opportunity to redeem itself.

SB995 would have given OHA the right to choose from the following properties, among many others: Kaka’ako Makai; Kahana Valley and Beach Park; La Mariana and Pier 60; Heeia meadowlands; Mauna Kea: Mauna Kea Scientific Reserve; Waikiki Yacht Club; Ala Wai Boat Harbor Complex; Kalaeloa Makai; and any and all other lands that the State may agree to convey to OHA.

Even a few of these properties could generate all of the revenue OHA needs to operate indefinitely and would have given our future nation the concrete assets it needs to serve the Hawaiian population. SB995 would have made Native Hawaiians self-sufficient (the very essence of sovereignty) and relieved the State of Hawaii of a large burden on their budget.

Unfortunately, SB995 failed to pass during the last days of the legislature because according to Advertiser Staff Writer Gordon Y. K. Pang, “key House members,” no doubt let by Speaker Calvin Say, declined to support the bill. Let us hope that we can convince them this year.

SAINT DAMIEN

It is fitting that we closed the year with the celebration of the sainthood of Father Damien, a non-Hawaiian who unselfishly gave his life to care for Hawaiians.

On October 1, 2009, I traveled along with a Hawaii delegation on a pilgrimage to Belgium and to Rome to honor Father Damien. We visited Father Damien’s hometown of Tremelo where the people of the town embraced us. I can now truly understand where the kindness and compassion that father Damien had for our Hawaiian people came from.

In a ceremony led by Pope Benedict XVI in St. Peters Basilica in Vatican City, Rome, we witnessed the canonization of Father Damien on October the 11, 2009.

To Father Damien, people were people, and his service to his God meant that he must serve all of God’s people. We would undoubtedly have a more peaceful world if we could all embrace the compassion for others that was exemplified by Saint Damien. Let us think of these good thoughts and deeds as we move forward into this New Year.

My best wishes to all for a happy and successful 2010. Aloha pumehana.

Thanks for trying, Senators Hanabusa & Hee

By: TRUSTEE ROWENA AKANA

Source: July 2009 Ka Wai Ola Column

I want to send out a Big Mahalo to all of the state senators who tried to resolve the ceded land revenue issue once and for all, especially Senate President Colleen Hanabusa and Senator Clayton Hee.

Senator Hee introduced Senate Bill 995, which attempted to resolve the claims and disputes relating to OHA’s portion of income from the public land trust between 11/7/1978 and 7/1/2009. Senator Hee’s proposal offered OHA $251 million in cash and 20 percent of the 1.8 million acres of ceded lands to be determined in negotiations between the agency and the Lingle administration.

SB995 would have given OHA the right to choose from the following properties, among many others:

(1) Kaka’ako Makai;

(2) Kahana Valley and Beach Park;

(3) La Mariana and Pier 60;

(4) Heeia meadowlands;

(5) Mauna Kea: Mauna Kea Scientific Reserve;

(6) Waikiki Yacht Club;

(7) Ala Wai Boat Harbor Complex;

(8) Kalaeloa Makai; and

(9) Any and all other lands, together with the State’s interest in any and all improvements thereon, that the State may agree to convey to OHA;

OHA can never be a self-sufficient organization as long as our leadership is content with begging the legislature for a 20% share of ceded land revenues every year – funds which can be taken away from us at anytime. SB995 would have made Native Hawaiians self-sufficient (the very essence of sovereignty) and relieved the State of Hawaii of a large burden on their budget. Unfortunately, this opportunity has once again slipped away from OHA’s hands. AUWE!

So why did SB995 fail to pass during the last days of the legislature? According to an article written by Advertiser Staff Writer Gordon Y. K. Pang on May 2, 2009, “key House members” declined to support the bill, but everyone knows that all of these key members are directed by House Speaker Calvin Say. It doesn’t surprise me that Speaker Say killed the bill since he has not supported many Hawaiian issues. Rumor has it that he had help from certain Hawaiians who conducted some hard, backdoor lobbying. Speaker Say has also told OHA’s administration that he doesn’t want to see another settlement bill next year.

Pang’s article also stated that the OHA trustees were “lukewarm” in their support of SB995. I am baffled by this statement since the board voted unanimously to support the bill with a few technical changes by our attorney, Bill Meheula. When I later spoke with Pang, he said that Trustee Stender told him that the board did not formally support the bill, which is funny, since I remember Stender voting for it. The lack of any coherent vision offered by our current leadership has been a set-back for OHA for the last seven years. The mixed signals that are given on the boards’ behalf have also been less than honest.

I believe that if SB995 passed, the Governor would have vetoed it. For all the praises she sang about helping the Hawaiian Community, at best it appears the Governor and her Attorney General have done everything they could to limit their support for OHA and its beneficiaries.

The Attorney General’s latest betrayal to Native Hawaiians is to remove his support for the Akaka bill if the original version from the year 2000 is introduced. According to him, it is unconstitutional. This has forced our congressional delegation to pullback the 2000 version and re-introduce last year’s bill that Republicans in Congress bastardized. I say why rush this bill through now? The Lingle administration will be gone next year. At the same time, the democratic controlled Congress and a President who has pledge to sign the bill when it reaches his desk should be a better fit for us.

ON ANOTHER NOTE:

The Kawaiaha’o Church Multi-Purpose Center Construction Project

In early May of 2006, OHA contributed $1 million to help rebuild Likeke Hall at Kawaiaha’o Church. However, reconstructing Likeke Hall has now turned into a “Multi-Purpose Center,” which will house offices, a nursery, archives, meeting space and a kitchen.

As many of you have certainly heard in the media, construction of the Multi-Purpose Center was put on hold in April after 69 sets of human remains were discovered by workers. On May 27, 2009, OHA sent a letter to the State Historic Preservation Division (SHPD) regarding our serious concerns about the ongoing discovery of remains and the treatment of unmarked burial sites on the Kawaiaha’o Church property. (NOTE: At the time of this writing, we have not heard from SHPD).

State law requires that any discovered skeletal remains that appear to be over 50-years-old cannot be moved without the state Department of Health’s (DOH) approval. However, since the church didn’t have names for the deceased, which DOH requires, the issue fell under the jurisdiction of SHPD.

OHA feels that a “good faith interpretation of the law” would require inventory level testing of any area proposed for construction. OHA also stresses that if any remains are identified, that they be treated in accordance with the law as in previously identified burial sites. The Oahu Island Burial Council also needs to be allowed to determine the ultimate disposition of the remains in consultation with identified lineal and cultural descendants; and this time, be given AN ACCURATE MAP of where the graves are located.

Since the area of Kawaiaha’o Cemetery and the surrounding area headed makai hold hundreds of unmarked ancestral Native Hawaiian burial sites, OHA strongly advised against removing or redesignating portions of Kawaiaha’o Church Cemetery just to make the Multi-Purpose Center easier to build.

OHA also reminded SHPD that construction workers need to remember that the surrounding soil contains fragments of our iwi kupuna that are too small to be noticed or properly recovered. Given the powerful reverence for iwi kupuna within our Native Hawaiian community, the soil should also be treated with the utmost respect. There should also be no utility lines, sewer lines or grease trap within the vicinity of human burial sites.

I strongly believe that construction should have been halted as soon as the first group of iwi was unearthed. A REPUTABLE archeologist should have immediately contacted the Oahu Island Burial Council. Instead, what seems to have occurred is that many of the iwi kupuna were placed in lauhala baskets and stored under the church. The workers then destroyed all of the caskets, making the iwi almost impossible to identify. This is a flagrant act of desecration no matter what culture a person comes from and it is unbelievable that it was allowed to occur at Kawaiaha’o Church. The people responsible for this egregious act should be called upon to explain how this could have happened.

It is also unfathomable to me that a construction firm could possibly get a permit to desecrate such a sacred burial site in this manner without proper authorization. One has to question if they even had all of the proper permits to proceed. It is my understanding that the graves were unearthed with only a grading permit! I believe that all of this could have been prevented if they had simply taken the time to do things right before construction started. Now they are forced to work backwards to fix their mistakes after the damage has been done.

This project must not be allowed to continue until a plan can be agreed upon by all parties, including lineal descendants. Let us pray that all sides can work together to care for the iwi kupuna in a pono way. Aloha Ke Akua.

U.S. Supreme Court, legislative update

By: OHA Trustee Rowena Akana

Source: Ka Wai Ola o OHA, May 2009

At the writing of this column, 15 days before it goes to print, Senate Bill 1677 is the only surviving bill that would provide any protection to ceded lands from being sold or exchanged. While it does not provide the complete moratorium that we wanted, it does require a majority vote of both the House and Senate to disapprove the sale or exchange of ceded lands. It also requires that the community be briefed regarding the location of the lands prior to its sale or exchange.

Unfortunately, State Attorney General Mark Bennett and House Speaker Calvin Say are now holding the bill hostage in an attempt to browbeat the OHA trustees into dropping our lawsuit to stop any further sale of ceded lands. SB 1677 has been deferred from the final vote on third reading for four days in the House. Governor Linda Lingle has made it clear that she will not sign the bill unless we drop our case.

Both Lingle and Bennett do not have any interest in doing what is right for Native Hawaiians. If the Lingle administration truly won the recent Supreme Course case, like Bennett has bragged about in the media, why do they want us to drop the case while it’s being reconsidered by the Hawaii Supreme Court? Also, if they really don’t intend to sell or exchange any ceded lands in the near future, why won’t they just pass SB 1677 instead of threatening to kill it? So much for the Governor’s commitment to Native Hawaiians.

There is NO reason for OHA to drop the case at this point because the Senate will most likely not accept the House’s changes to SB 1677 and we would just end up dropping the case for nothing. And settling the case with the Lingle administration without a moratorium on the sale of ceded lands would only anger our beneficiaries. We would also be sending the wrong message to the Hawaii Supreme Court.

THE RECENT U.S. SUPREME COURT DECISION

In its recent decision on March 31, 2009, the U.S. Supreme Court sent the ceded-lands case back to the Hawaii Supreme Court for further deliberations. Many assertions have been made in the media, and I want to clarify all of the misinformation out there. Here is exactly what the U.S. Supreme Court said:

1) The federal Apology Resolution did not impose a duty on the State of Hawaii to refrain from selling ceded lands.

2) OHA had argued that the Hawaii Supreme Court’s ruling relied mainly on state law and only referred to the Apology Resolution for its facts concerning the ongoing reconciliation process. The U.S. Supreme Court disagreed with OHA and concluded that the Hawaii Supreme Court did in fact rely on the Apology Resolution when it prohibited the sale of ceded lands.

3) However, the U.S. Supreme Court did recognize that existing state laws could serve as the basis for the Hawaii Supreme Court’s decision to prohibit the sale of ceded lands.

4) The Court also recognized that the Hawaii State Legislature has the authority to resolve the status of the ceded lands.

5) They also said that the U.S. Supreme Court didn’t have the authority to decide whether, as a matter of state law, Native Hawaiians have rights related to ceded lands. In other words, they said they don’t have the right, under Hawaii Constitution, to prohibit the sale of ceded lands until the status of those lands is definitively resolved through the state political process.

It is difficult for me to understand how the State Attorney General can claim this decision is a victory for the Lingle administration. If the Hawaii Supreme Court decides that state law provides an independent basis for the prohibition on the sale of ceded lands, and I am confident they will, there will be no reason for us to go back before the U.S. Supreme Court and this lawsuit will finally come to an end ñ with OHA and its beneficiaries winning in the end.

SETTLEMENT BILLS

In my last column, I wrote about Senate Bill 995 and House Bill 901, which attempts to resolve claims and disputes relating to the portion of income and proceeds from the lands of the public land trust for use by OHA between Nov. 7, 1978, and July 1, 2009. I wrote that I favored the Senate’s version of the bill because it would convey Mauna Kea to OHA, along with several other parcels of land. The House version did not include Mauna Kea. At the time of this writing, is seems that HB 901 has died and only SB 995 will survive to the final conferencing stage of the legislative process.

House Settlement Proposal

On March 18, 2009, the House Committee on Hawaiian Affairs amended the Senate’s bill by (1) deleting the conveyance of all parcels to OHA except those in Kaka’ako Makai; and (2) inserting $200 million as the amount owed by the State to OHA.

On March 23, 2009, the joint House Committees on Water, Land & Ocean Resources and Judiciary amended this bill by deleting the requirement to transfer the management and control of the conveyed parcels to a sovereign native Hawaiian entity upon its recognition by the United States and the State.

Senate Settlement Proposal

On March 27, 2009, the Senate Committee on Water, Land, Agriculture and Hawaiian Affairs amended the House’s version of the bill by adding language that would allow OHA and the State to reach a “global settlement” of the past and future obligations of the State to Native Hawaiians. The Committee felt that the proposal made by Gov. Ben Cayetano back in March 31, 1999, is a sensible and appropriate approach toward a “global settlement” and that it should be re‑offered to OHA.

Please note that a global settlement DOES NOT include natural resources, water and gathering rights or any other rights. The settlement would include both land and money. In my view, it would be a great opportunity for us to finally have the resources to build a strong nation.

The Senate’s “global settlement” offer includes: (A) Monetary payment to OHA of $251 million; (B) Conveyance of public lands from the State to OHA equal to 20 percent of the 1.8 million acres of ceded lands already inventoried; and (C) The suspension of the $15.1 million in annual payments to OHA effective upon a date to be agreed upon in good faith between the State and OHA.

OHA has to make a decision to accept or reject the “global settlement” (which means land and money only ñ this does not include rights to natural and mineral resources, gathering rights, etc.) and notify the Governor, the President of the Senate and the Speaker of the House of its decision in writing on or before Jan. 1, 2010. Any failure to properly and timely respond to the “global settlement” offer shall be deemed to be a rejection of the “global settlement.”

If a “global settlement” cannot be reached, Part II of the measure sets forth the Legislature’s approach to alternatively address the issue regarding past obligations only. The dollar value of $200 million represents the amount agreed to between OHA and Governor Lingle regarding the resources that should be provided for the period between Nov. 7, 1978, and July 1, 2008. The Committee felt that $200 million for the past obligations is a fair and reasonable payment.

At the discretion of OHA, payment of the $200 million may be accomplished by either: (A) A $200 million monetary payment; (B) Conveyance of properties in the public land trust with a combined tax assessed value of $200 million; or (C) A combination of cash payments and conveyance of properties totaling $200 million.

If OHA chooses to accept a $200 million monetary payment, it must notify the Governor, the President of the Senate and the Speaker of the House of its decision in writing by Jan. 1, 2010. Failure of OHA to respond to the Governor, the President of the Senate and the Speaker of the House by Jan. 1, 2010, shall be deemed to be a rejection of OHA’s right to accept the $200 million monetary payment option.

The current $15.1 million in annual payments from the State to OHA shall remain uninterrupted for FYs 2009-10 and 2010-11.

In either settlement option, the specific public lands that are to be conveyed by the State to OHA is to be determined by negotiation between the Governor and OHA with reasonable diligence, in good faith, and shall be completed on or before Jan. 1, 2015, unless mutually extended by the State and OHA. OHA and the Governor’s Office are required to submit a report on the status of the negotiations to the Legislature no later than 20 days prior to the convening of the 2010 regular session.

CONTACT YOUR ELECTED OFFICIALS

While the legislative session will be over by the time of printing, I still encourage all of you to let your elected officials know that you support Senate’s version of the settlement bill and that you want a complete moratorium on the sale or exchange of ceded lands. The legislative process is a long one and if the bills fail to pass this year, they will still be alive and will come up again next year. It is truly unfortunate that some of our elected officials need to be constantly reminded about doing the right thing. Aloha Ke Akua.