Ka Wai Ola - Office of Hawaiian Affairs, Volume 6, Number 10, 1 ʻOkakopa 1989 — Sweeping changes for leases recommended [ARTICLE]

Sweeping changes for leases recommended

By Ann L. Moore Sweeping changes in the ways leasing policies are handled by the Department of Hawaiian Homelands were recommended to the Senate Select Committee on Indian Affairs. Mahealani Ing, executive director for the Native Hawaiian Legal Corporation, spoke to the senate eommittee members at the Aug. 10 session on Maui. Ing asked the senate committee to support the following NHLC recommendations: • Creation and recognition of a sovereign entity to control Hawaiian Homes trust lands and certain ceded and federal lands whieh should be returned to the Hawaiian people; • Development of a plan by DHHL to withdraw general leases to non-beneficiaries where there are native Hawaiians on the waiting list, and, if necessary, to withdraw those leases before they expire. • The NHLC, Ing said, recommends an effort be made by DHHL with the state legislature and with state officials to eonhnue to increase DHHL's financing commitment with general obligation bonds and that DHHL limit its own issuance of bonds, if they issue any. (A general obligation bond is a bond that has had the formal approval of either the voters or their legislature. In a case where the state issues general obligation bonds, the government's promise to repay the principal and to pay the interest is constitutionally guaranteed on the strength of the state's ability to tax the populanon.) Ing said the Native Hawaiian Legal Corporation also recommends: • Re-evaluation by DHHL of its policy requiring infrastructure (water, roads and sewer facilities) and eomplianee with county building and subdivision codes that are not required by law, with an eye towards allowing the lessee to decide whether he or she wants to occupy unimproved land. • Reinstatement by DHHL of the minimum acreage for farm and ranch lot awards to support eeonomie self-sufficiency. Ing said this move would make it unnecessary for homesteaders to compete at public auctions for additional land. • The NHLC, she said, recommends that DHHL either rescind its policy of allowing transfers of homestead leases, or, offer those leases to

another individual on the waiting list. The present DHHL policy of allowing subleasing, Ing said, is perpetuating a "black market" in trust lands. • Concerning general leases, Ing said the NHLC recommends renegotiation of general lease compensation in every instance where it is warranted and legally permissible; that recognition clauses be inserted in all new leases; that expiring leases, if renewed, be negotiated at fair market value. • Whenever practical, the NHLC recommends that general leases be withdrawn and awarded to native Hawaiian beneficiaries. During the hearings many homestead beneficiaries spoke about the laek of water on home lands and how that laek made it nearly impossible

for beneficiaries to live on the land. • Addressing the issue of water on the home lands, NHLC recommended that Section 221 of the Hawaiian Homes Commission Act be amended to reserve sufficient water for homestead use. • Creation of an office of the Ombudsman to work closely with the Department of Hawaiian Homelands and advocate for native Hawaiian beneficiaries and those on the waiting list was recommended. • Finally, the NHLC, in the interests of entrepreneurship, asked that the senate committee look into introducing enabling legislation so that the federal government could contract directly with Native Hawaiian organizations to provide essential services to their homestead communities. — — i