Ka Wai Ola - Office of Hawaiian Affairs, Volume 12, Number 4, 1 April 1995 — Time for Hawaiians to rally together [ARTICLE+ILLUSTRATION]

Time for Hawaiians to rally together

by Rowena Akana Trustee-At- Large

If we are to prevent Hawaiian resources from being stolen yet again, now is the time for all Hawaiians to bury their differences and rally together to defeat one of the most insidious pieces of legislation seen by Hawaiians in a long time. H.B. 2071 H.D. 1 attacks Hawaiian entitlement to ceded land revenues, forcing it to go into state capital improvements, further eroding the precious resource base of the Hawaiian peoūle.

The bill would require the Office of Hawaiian Affairs to pay 20 percent of the costs of all capital improvement projects made on ceded lands. Any time such construction costs are in excess of $100 million, the Office of Hawaiian Affairs would receive no ceded lands revenue (OHA's portion is estimated to be $18 million annually). Since state construction costs are almost always over $100 million (1994: $267 million; 1995 $98 Million), this bill would in all

likelihood end ceded land revenues for the Office of Hawaiian Affairs. When Hawai'i was annexed in 1898, the crown

lands of Queen Lili'uokalani stolen by the provisional government were ceded to the United States. These ceded lands were in turn transferred

onee more by the federal govemment to the State of Hawai'i when we became a state. As a part of the conditions for statehood, five stipulations were included as to how the state must use these lands, one of whieh was "for the betterment of native Hawaiians." On the basis of this contract, the Legislature decided that eaeh of the five purposes equaled a 20 percent share of proprietary revenue. As part of OHA's past-due settlement with the state, the Office of Hawaiian Affairs did not negotiate any entitlement to "sovereign" revenue generated on ceded lands, including taxes, fees, fines, grants, etc. In the first plaee, the Office of Hawaiian Affairs' 20

percent pro rata share of proprietary ceded land revenue is 20 percent of one of two categories, making it more like a 10 percent share. In fact, considering how mueh larger "sovereign" revenue is compared to "proprietary" revenue, the Office of Hawaiian Affairs probably receives mueh less than even 10 percent of total ceded land revenues. Even this manini share is currently being coveted by the Legislature. Capital improvement projects are the kuleana of the power collecting sovereign revenues, not proprietary revenues. So, until the Legislature wants to make the Office of Hawaiian Affairs a more eaual nartner with

the state, it has no right to ask the office to pay for a status it has not yet attained. But the important thing to remember is that the Office of Hawaiian Affairs' 20 percent pro rata share of proprietary ceded land revenues is not the Legislature's to covet, no matter how attractive, no matter how tight the state's fiscal situation. That share is an integral part of the Admission Act and the exclusive power of the Office of Hawaiian Affairs to receive and manage

that money is an integral part of the state constitution. Committee reports written during the 1978 Con Con that created the Office of Hawaiian Affairs were also

very exphcit about givmg the office "maximum eontrol over its budget, assets and personnel" and a legal status "independent from the executive branch and all

other branches of govemment." Like any family, Hawaiians have had their differences on a wide variety of issues. This diversity helps ensure that decisions affecting our community are made collectively, after hearing the widest range of opinions. In this matter, however, it is time for Hawaiians to rise up and speak in one voice against yet another attempt to steal Hawaiian resources. Key senators to contact include Senate President Nonnan Mizuguchi (tel. 586-6870; fax 586-6819), Ways and Means chair Senator Donna Ikeda (tel. 586-6690; fax 586-6919) and Hawaiian Affairs Chair Senator James Aki (tel. 586-6700); fax 586-6709).

This bill woulel in all liKelihood end ceded land revenues for the Office of Hawaiian Affairs.