Ka Wai Ola - Office of Hawaiian Affairs, 1 September 1983 — OʻAHU TRUSTEE [ARTICLE+ILLUSTRATION]

OʻAHU TRUSTEE

OHA Fights Back

by Hayden Burgess

I would like to eommeni on OHA's recent lawsuit involving 5(F) trust lands at Papohaku on Molokai. These 5(f) trust lands are some of the lands stolen from the Hawaiian Government beginning in 1893 when the U.S., by force of arms, landed their marines upon the shores of Hawaii. Hawaii's government and crown lands were eventually "given" to the U.S. by the "Republic of Hawaii" whieh was that government placed into power by U.S. forces. Some of those lands have since been turned over to the State under the "5(f)" trust provision of the Statehood Act. The native Hawaiians are specially listed as one of five beneficiary groups of that trust. The Hawaii Constitution created OHA and called for a pro rata portion of the trust to be allocated to OHA. The state legislature directed that 20% of all funds derived from these trust lands shall be paid to OHA. In the Papohaku suit whieh was filed for OHA by Attorney Boyce Brown,

we are asking our entitlement to 20% of the land accepted by the state as setPapohaku Beach. Our reports indicate that the amount of sand taken is worth millions of dollars more than the Figure agreed to by the State. After OHA filed this suit, the State, replied that OHA is unconstitutional, a position whieh flies in the face of the State Attorney General's own previous opinion that OHA was indeed constitutionally firm. What originated as a struggle for a simple enforcement of law has now been blown into an all out attack by the State against OHA's very existence. Undaunted, OHA is now also considering suing the State for other revenues rightfully belonging to OHA including millions from Sand Island and the contemplated Aloha Tower Complex. The developing legal battle merits the attention of all people who comprehend the historical injustice involved. The receiver of stolen property (the State) refuses to return even 20% of the proceeds to native Hawaiians.