Ka Wai Ola - Office of Hawaiian Affairs, Volume 2, Number 1, 1 Ianuali 1982 — OHA PREPARES COMPREHENSIVE LEGISLATIVE PACKAGE [ARTICLE+ILLUSTRATION]

OHA PREPARES COMPREHENSIVE LEGISLATIVE PACKAGE

i he thrust of the OHA legislative package prepared for the llth State Legislative Session focuses on proposals developed from OHA's broad program areas of Culture, Land and Natural Resources, Community Affairs, Education, Eeonomie Development, Planning and Development, Health and Human Resources, and Administration. Emphasis has been given to Culture and Land proposals because they were established as priorities by OHA's Board of Trustees. Highlights of the package include proposals relating to (1) establishing a comprehensive cultural plan; (2) estal3lishing a moratorium on any legal disposition of kuleana iands and creating a legislative task force to address the problems of kuleana lands; (3) establishing OHA as the only body whieh could submit nominations to the Governor for an appointment to the Hawaiian Homes Commission; (4) reverting ceded federal surplus lands to OHA on a first right of refusal basis; and (5) creating a Hawaiian Affairs Trust Fund whieh could be used by OHA to provide services to Hawaiians (less than 50% blood quantum); and (6) establishing a revolving loan fund to assist Hawaiian entrepreneurs. Significant Cultural Plan Proposed OHA's proposed cultural plan is aimed directly at accomplishing the Culture Program's specific objective "to develop a comprehensive plan for the revitalization, preservation, perpetuation, and enhancement of Hawaiian culture with an emphasis on formulating higher standards to protect artifacts and historical sites of significance to native Hawaiian culture, and in promoting Hawaiian culture as a resource for the State of Hawaii." The plan will also assist the state in imp!ementing its own functional plan relating to culture and the arts and help in further identifying and defining the traditional and customary rights of native Hawaiians that are recognized in the State Constitution, as amended in 1978.

Enforcing Traditional and Customary Rights Basically, the plan wiil add some teeth to the constitutional amendment, whieh only recognizes traditional and customary rights in broad terms. Land, water, mineral, fishing, gathering, religious and access rights are all covered in the plan and are discussed within the context of traditionaI use of land (especially as it relates to the traditional Hawaiian division of land known as 'ahupua'a). In addition to the stronger enforcement of existing state laws, the plan proposes that regulations based on the traditional kapu system be established to insure proper use of these rights of land and natural resources. It specifically recommends that the konohiki system (whereby a person or persons were designated by the chiefs as caretakers of certain areas of land) be incorporated into the regulatory system in order to insure that traditional land use areas are properly managed. Related to this recommendation is another proposal whieh calls for the creation of a new land use designation for State, County, and private lands. This new designation, called "Traditional Land Use," would be applied, for example, to such areas that contain historic sites, fishponds, traditional agricultural sites, and others that are deemed culturally significant. Utilizing the konohiki system as a management tool, proper use of these lands and the

exercise of traditional rights would be encouraged; thus, perpetuating Hawaiian culture in a living form. Revitalizing Historic Sites The cultural plan emphasizes the need to bring life back to the historic sites by promoting traditional use of these sites and utilizing the konohiki system to insure the proper management of historic sites. Based on this need, the plan advocates the initiation and support of legislation that will foster the development of a konohiki program for historic sites. As proposed, the konohiki program would be be established within the State Office of Historic Preservation and would be responsible for overseeing all konohiki projects and handling all complaints regarding historic sites. Access to and proper use of these sites would also be regulated and managed by the konohiki office through the konohiki appointed for eaeh site. There are several advantages to setting up a konohiki program for historic sites. First of all it would revitalize sites and thus, perpetuate Hawaiian tradition. Secondly, it would provide security and control to historic sites, many of whieh have been subjected to vandalism and looting over the years. Thirdly, it would promote efficient !and use in Hawaii by opening up historic sites that are now idle, unoccupied, or uncultivated. In addition, it would insure that historic sites were properly maintained and that ongoing restoration work was conducted in a manner consistent with the tradition of eaeh site. Other historic site proposals recommended in the plan include (1) the initiation of stricter laws to protect historic sites from further destruction, (2) a systematic program for identifying, treating, and recording sites, and (3) special tax incentives and/or recognition for landowners, organizations, and other individuals involved in historic site restoration and preservation work. As part of this plan, OHA will also be advocating that it be involved in the planning and decision-making of all State programs relating to historic sites. One specific proposal being made is that OHA become a clearinghouse for Hawaiian historic sites nominated for the State and Federal registries. Perpetuating Hawaiian Arts, Sports, and Ceremonies OHA's cultural plan also addresses the need for expanded State support to preserve and perpetuate Hawaiian arts, sports, and ceremonies. The plan reflects OHA's position that priority should be given to State funding of Hawaiian cultural activities not only because of the culture's important plaee in Hawaiian history but also because it is often used by the State and private industry for commercial purposes. Under the category of Hawaiian arts, the plan includes legislative recommendations in the areas of performing arts (hula, mele, oli, and hula ki'i), visual arts (fine arts and crafts), Hawaiian language and literature, medicinal and healing arts and martial arts. Under the category of sports, the plan makes recommendations for the support of surfing and eanoe racing. Legislative support of the makahiki festival and traditional religious practices and ceremonies are also proposed. Generally, the plan recommends various courses of legislative action that will provide the financial support and facilities needed to promote Hawaiian arts, sports, andceremonies. In addition, it advocates the establishment of regulatory measures whieh insure that these cultural activities are promoted and practiced in an authentic manner.

Constructing Halau to Aid in Pcrpetuation One significant and comprehensive pieee of legislation being proposed in this section of the plan is that facilities and/or land be set aside in various areas of the State for construction of halau. These halau would permit traditional cultural activities to be practiced in an on-going and meaningful fashion. The laek of such facilities has been one of the major concerns expressed to OHA by the Hawaiian community. Presently, the Hawaiian community is restricted to using public facilities for cultural activities. Frequently, these public facilities are reserved for use by other groups and are therefore unavailable to the Hawaiian community when needed. In addition, Hawaiians are often reluctant to use these facilities because they feel the need for more privacy when practicing cultural activities that are sensitive in nature and whieh may be misunderstood and exploited by "outsiders." OHA will also be urging public support for audio and video media whieh regularly broadcast Hawaiian music and other traditional performing arts. This legislation is aimed specifically at promoting Hawaiian music and other traditional performing arts by closing the large gap in media coverage of these cultural activities. Currently, there are only a few radio stations that play Hawaiian music from time to time and only one whieh carries it as a regular format. In order to insure authenticity and competence in the practice of traditional arts, OHA is proposing that a regulatory

board or commission be created to recognize, regulate, and license qualified practitioners of selected Hawaiian medicinal and healing arts (la'au lapaau and lomi lomi). OHA will also perform a legislative advocacy role by supporting non-OHA legislation that has beneficial impact on Hawaiian culture and opposing those proposals that seek to erode or exploit traditional Hawaiian culture. Ways and Means to Fund Cultural Plan As a means of underwriting the proposals made in this plan, OHA will propose and/or support legislation relating to the creation of a tourist tax. The rationale for this proposal is that the State and private industry — most notably the visitor industry — have used Hawaiian culture for their own commercial purposes and, therefore, should in some way reimburse the Hawaiian community for its use. For years, Hawaiians have expressed their eoneem that Hawaiian culture was being exploited and overly commercialized by the visitor industry. A phrase commonly heard is that the culture has become "plastic" (probably in reference to the artificial leis and skirts wom by entertainers at various Waikiki shows and the so-called "Hawaiian crafts" with "Made in Taiwan" labels that are purchased by visitors to the islands. OHA's position is that with funding derived from a tourist tax, authentic Hawaiian culture ean be promoted and practiced to the benefit of the Hawaiian community, the State, visitor industry, and the visitor.

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