Ka Wai Ola - Office of Hawaiian Affairs, Volume 7, Number 3, 1 Malaki 1990 — Finally, the beginning of a ceded-land resolution [ARTICLE+ILLUSTRATION]

Finally, the beginning of a ceded-land resolution

by Moanikeala Akaka Trustee, Hawai'i

Well, it's about time we have the beginning of a settlement to the cededland situation. After almost 30 months of tough and sometimes trying negotiations with the governor's team by the OHA entitlements and claims

committee (consisting of myself, Rod Burgess, Frenchy DeSoto, Manu Kahaialii, Clarence Ching and Moke Keale), recommendations were made to the entire OHA Board of Trustees whieh agreed to a resolution of the long-standing controversy over the retroactive (past) sum owed to OHA on behalf of the Native Hawaiians (50 percent or more blood) from 1980 to 1990 . . . since OHA eame into being. This proposed legislation (Senate bill 3104, House bill 2896, HD1) must now be passed by the state legislature. The State Admission Act refers to two beneficiary classes. The beneficiary classes of the ceded-lands trust are: 1) Native Hawaiians (meaning of 50 percent or more Hawaiian blood) and 2) the general public (whieh means the other residents of this state, including Hawaiians of less than 50 percent native blood). Disposition of the Ceded Land Trust The 1981 legislature mandated that OHA would receive a 20 percent pro rata share of the revenues from the ceded lands resources for Native Hawaiians. However, as I've mentioned in the past, this office has only received one and one-half percent of the 20 percent the state owed OHA. Of that amount, over two-thirds goes for administrative operating expenses for our offices while your trustees remain unsalaried. What is important now is that if this retroactive package of what is owed us passes the legislature, we will begin to have more resources with whieh to help you, our people, and this is truly exciting! Through these negotiations we have finally been able to eome to an agreement on whieh classifications of lands and types of revenues are to be eollected and utilized for Native Hawaiians. We have also agreed that the ineome from all 5(b), (e) and (z) lands (with the exception of the Hawaiian Homes Trust lands were, and are, subject to the Native Hawaiian trust. The 5(b) land category includes (e) and (d), and (z) includes submerged lands. (See chart page 5.)

1 he revenues from these land categories are separated into two categories — souereign and proprietary incomes. Sovereign revenues are the moneys whieh the state generates as an exercise of governmental or sovereign power. These moneys are not subject to the OHA trust. Among revenues included in this sovereign categories are personal and corporate taxes, fines collected for violations of state law, federal grants, and subsidies received by the state for public purposes. Proprietary ineome is that whieh is generated from the use or disposition of identified public lands; these incomes are subject to the OHA trust. Among the revenues included in this proprietary category are rents, leases and licenses for the use of 5(b), (e) and (z) lands, runway landing fees, and surface and sub-surface mineral rights. Another example: OHA will receive 20 percent of rents paid for faculty housing at the UH Manoa campus, but will not receive 20 percent of tuition fees. These revenues to be received for what has been owed to Native Hawaiians will include 6 percent

interest between 1980-1982 and 10 percent interest to be compounded annually to the present. Estimates of back revenues owed us are as mueh as $105 million for the past 10 years, with $8 million a year in the future to be utilized for Native Hawaiians in programs or to purchase land. We are referring specifically to this retroactive paekage. The actual amount will be subject to audit and verification, with the understanding that if additional resources (such as oeean mining) are developed, they too will be included. The thought of having to buy back our 'aina disturbs me greatly. The law passed in 1981 states that we Native Hawaiians are only entitled to the revenues whieh I've been told legally means no 'aina, only kala! lf we Hawaiians are to become truly self-suffi-cient, we need more than revenues. We need 'aina.

In the future, we must have land — good 'aina, not like some of the 'opala land they gave us natives after sugar companies took the best for themselves. We need lands we ean build homes on; 'aina for eeonomie development, farm lands, lands with aecess to water. We must have 'aina for our people and nation that is habitable. We need 'aina makaiside so that we may eamp, fish and be near the oeean with our 'ohana without being threated by "No Trespassing" signs from the rich folks' houses

or fancy hotels that are getting more eommon on our beaches than Hawaiians. We, as natives, truly need land of our own for our nation. DHHL has given relatively few Hawaiians the opportunity to live on their own land, due to their laek of resources. There remain more than 13,000 restless natives on the waiting list. We need 'aina set aside for the future 'ohana as well. We need land and we should not have to purchase that 'aina with the few dollars our people may have coming to them. These lands should be ours in fee tit!e and should be inalienable so that we ean pass them on to future generations. After all, this whole nation was ours, our roots are here. 'Aina is the soul of our people. We are only reclaiming a part of what was illegally taken from us. The state possesses over 1 .4 million acres of ceded lands. Our people deserve a good-sized portion of it for our nation — not just the revenues. It is our right and it is fair. The law says that we are entitled to on!y the revenues but our 'aina was sto!en illegally. We are the landlords, eome to collect the 'aina. I would hope that the people of this state, and its legislature, would search their collective eonscience and realize that the Hawaiian people deserve not only revenues but a fair portion of the 1.4 million acres of "ceded lands" stolen when our Kingdom of Hawai'i was il!egally overthrown. It must also be remembered that we will continue to seek redress from the United States in Washington, D.C. This is only fair; the people of this state should not have to share the burden alone. That is part of OHA's draft Blueprint and global plan and is a separate issue from the state ceded lands entitlements. Non-Hawaiians must realize that what entitlements Hawaiians receive will benefit all, and that as a result, the aloha spirit will grow. Onee injustices begin to be rectified, social conditions will improve not only for us Hawaiians but for all the people of this state. Malama pono. Ua mau ke ea o ka 'aina i ka pono.