Ka Wai Ola - Office of Hawaiian Affairs, Volume 5, Number 8, 1 August 1988 — Part 2—Future of the Hawaiian People, the [ARTICLE]

Part 2—Future of the Hawaiian People, the

Understanding OHA's Quest for Ceded L

By Deborah Lee Ward, Assistant Editor Ka Wai Ola O OHA This is the second in a series of articles intended to provide an understanding of the Office of Hawaiian Affairs' quest for its trust entitlement as provided by state law, and its initiatives for Hawaiians onee a settlement is achieved. Part 1 dealt with "A History of the Public Land Trust and the OHATrustEntitlement." Part 2 — The Future of the Hawaiian People, the Public Lands Trust and the OHA Entitlement. When he called for a "Decade of the Hawaiian," Office of Hawaiian Affairs trustee Thomas K. (Unele Tommy) Kaulukukui Sr. was doing more than affirming the pride of 1987's "Year of the Hawaiian" observance. He was also heralding coming changes in Hawaiian affairs in all areas that may present the biggest challenges in the modern history of the Hawaiian people. The future of the Hawaiian people may rest with the outcome of a multi-faceted and ambitious planning effort that is bringing together as perhaps never before Hawaiian organizations, eommunities and 'ohana, the Office of Hawaiian Affairs, and the State of Hawaii. Quest for OHA's Trust Entitlement Since January, a team from the Office of the Governor and an OHA ad hoe committee have been meeting to resolve past conflicts between OHA and state agencies over the agency's "pro rata" share of revenues from public trust, or ceded lands. In formulating a settlement, the State of Hawaii's aim is to protect the public's interest while providing OHA the means to carry out its eonstitutionally mandated fiduciary responsibility to native Hawaiians. Govemor John David Waihee III, in announcing the start of negotiations, stated, "While the

process of arriving at a fair and just settlement will not be easy or always pleasant— indeed it may even take longer than one (legislative) session — we are committed to settling this question onee and for all." While the discussions are ongoing and confidential, Ka Wai Ola O OHA was able to talk with two OHA Trustees on the committee about the role a future settlement may play, and the directions they want to see the Hawaiian people move in. Self-determination OHA Trustee Rodney Keali'imahiai Burgess III is chairman of OHA's ad hoe committee on ceded lands entitlements whieh is charged with the responsibility for developing the strategic planning and creative negotiated package. Burgess is former vice chairman of the OHA board in charge of planning and former chairman of the Land and Resources committee whieh originally initiated OHA legal actions for entitlement. He explains that the key to self-determination and empowerment as a Hawaiian people is to decide for ourselves "Who is Native Hawaiian?" All present efforts to obtain an OHA trust settlement with the state, and to develop a comprehensivb master plan for Hawaiians tie in to this question, he said. Burgess stated that in the past and even today Hawaiians have not enjoyed the basic right of selfdetermination as a native people. Hawaiian history is replete with decisions made for Hawaiians by non-Hawaiians. In forming OHA, Chapter 10, Hawaii Revised Statutes designated funds from the public land trust for native Hawaiians, that is, those of 50 percent or more Hawaiian blood. Eaeh year OHA must go to the Legislature for supplementary funds to serve Haweiians (those with less than 50 percent blood quantum). It is this type of

definition that Burgess calls "the most divisive mechanism," since its effect has been to use blood percentage to divide parent from child and grandchild in many families, over the generations. Simply defining "Native Hawaiian" as "all descendants of the indigenous people inhabiting the Hawaiian Islands previous to 1778," ean be a powerful means to ho'olokahi. If the majority of Hawaiians support this definition, says Burgess, it will be a clear message to the Legislative that action should be taken to reflect this need. A single definition of "Native Hawaiian," he says, ean be the start to wipe out decades of disenfranchisement from the land, within family units and from eaeh other. Will the definition affect the Hawaiian Homes Trust? No. This drive for a single beneficiary class definition to include all Native Hawaiians only affects the OHA trust, and not the Hawaiian Homes program. Even within this definition the OHA Board of Trustees could still give preference through policies to those with more than 50 percent blood, and island residents could still be given preference over those who live on the mainland, as has been suggested. Burgess cautions, however, "Ever since the 1920 Hawaiian Homes Commission Act, we've instilled in Hawaiians this fear of a limited amount of land available for people. There are even two classes of Hawaiians— 'native Hawaiians' (those with more than half Hawaiian blood) and 'Hawaiians," those with less than 50 percent blood quantum. The system pits native Hawaiians against Hawaiians. . .This fear persists." "Since the Hawaiian Homes Act was passed 67 years ago, less than 30,000 acres have been awarded, There are still 170,000 acres of HHA trust lands to be distributed, and approximately 17,000 native