Ka Wai Ola - Office of Hawaiian Affairs, 1 September 1982 — SUBMERGED LANDS [ARTICLE+ILLUSTRATION]

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SUBMERGED LANDS

Office of Hawaiian Affairs Trustee, Rod Burgess, said today that a recent Attorney General's opinion allows the Office of Hawaiian Affairs to receive twenty percent (20%) of all State revenues derived from the lease of submerged lands. This decision brings to a close a two year controversy over the status of submerged lands and whether the Office has legal entitlements to revenues derived from the leasing of submerged lands by the State of Hawaii. As a result of the Attorney General's opinion that submerged lands are legally classified as ceded lands and therefore granted to the State of Hawaii under Section 5(b) of the Admissions Act, the Department of Land and Natural Resources has re-categorized all general leases and revocable permits on such lands so that 20% of revenues will be allocated to the Office. Back payments will be calculated retroactive to June 16th, 1980. At present, the State of Hawaii has issued 3 leases and 31 revocable permits for dispositions classified as submerged lands with a total annual ineome of over $18,000. The Office's pro rata amount is estimated at $3,600 per annum. The back rentals due and owing have not been completed. T wo leases are for 65 year easements at a one time price of $252,000 per lease totalir g $504,000. The Office's share of these easements could be approximately $100,000 or 20%. The Attorney General took the view that submerged lands were part of the Republic of Hawaii's jurisdiction. "The Republic of Hawaii as an independent sovereign had title and jurisdiction to the submerged lands within the boundaries traditionally recognized by international and its own courts." Therefore, these submerged lands were ceded to the United States through the 1898 Annexation Act. Later, these same lands were granted to the State of Hawaii by the United States through the 1959 Admissions Act, thereby, including submerged lands as part of the total public lands granted to the State of Hawaii by vitue of Section 5(b) of the Hawaii Statehood Act. About two million of the Office's ceded landed monies has been placed in reserve, drawing interest. Those monies ean only be used for programs involving Native Hawaiians under the Office's mandate, yet the Office must work for the betterment of all Hawaiians.