Ka Wai Ola - Office of Hawaiian Affairs, Volume 8, Number 3, 1 March 1991 — continue . . . [ARTICLE+ILLUSTRATION]

continue . . .

Public Land Trust Recent discussion on the public land trusts has been dominated by the resolution controversy over the amount of revenues due the Office of Hawaiian Affairs. Referred to in Act 395, the public land trust was created in 1980 by statutes implementing an

amendment to the state constitution from the 1978 Constitutional Convention. It called for amendments to the state constitution that would recognize that "ceded" lands were held as a public trust for native Hawaiians, and the general public, and specified that Hawaiians were to receive a pro rata share of the trust "for the betterment of conditions of native Hawaiians." A series of state constitutional amendments

adopted in 1978-80, also established the Office of Hawaiian Affairs and recognized OHA's trust entitlement. The trust stipulates that OHA is entitled to trust revenues and, as the official agency of the Hawaiian people, shall secure for native Hawaiians a pro rata portion of the public land trust and offer representation for all Hawaiians.

Although the OHA trust did not exist until 1978, there are issues regarding ceded lands in general that impact the State's administration of the trust. These controversies are included in the governor's proposal. » As summarized in the Action Plan, the following controversies and planned responses are noted:

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Most of the land under and around Honolulu Harbor is public trust land. OHA is entitled to 20 percent of all state ineome derived from gross commercial shipping operations.