Ka Wai Ola - Office of Hawaiian Affairs, Volume 12, Number 8, 1 August 1995 — Cayetano rejects Maunalaha bill [ARTICLE]

Cayetano rejects Maunalaha bill

Veto of land-transfer legislation means valley residents wili have to continue to wait for state to take concrete steps to improve their housing conditions

bv Patrick Johnston Governor Ben Cayetano has vetoed legisIation that would have authorized negotiations between the Department of Land and Natural Resources (DLNR) and OHA for the transfer of 30 acres of land in the Maunalaha Valley to OHA. Valley residents have spent the past decade trying to get the DLNR to upgrade the infrastruc-

ture of the area, allowing residents to get financing for badly needed improvements to their homes. DLNR's response has been sluggish and residents had hoped OHA, as landlords, would be more responsive to the eoncerns of the largely Hawaiian community living there. Ka Wai Ola O OHA ran a story last month that reported on the problems faced by valley residents and the legislation (S.B. 596) designed to deal with these problems. The governor vetoed the bill the day Ka Wai Ola went

to press. In a letter sent to legislators, the govemor outlined his reasons for the veto. Heading his list of eoncerns was the proposed exemption of the area from state and county building regulations. He said this would thwart the "objective to improve the residents' access to financing" because eonventional lenders require that infrastructure meet county codes. The letter also expressed eoneem that the statutory rights of per-

sons holding residential leases might be infringed by the transfer. Cayetano was also worried that actions carried out by OHA on behalf of the few nonHawaiians living in the valley would be outside OHA's jurisdiction. Also of eoneem was his belief that a transfer of the land would reduce the public trust unless such a "conveyance is deemed a distribution of the 'prorata' share for the benefit of native Hawaiians." In other words, there was no language in

the bill that addressed the need for OHA to compensate the state for the land transfer. OHA housing officer Steve Morse says he is disappointed with the veto. He points out that the Governor made the decision largely on the basis of advice from the attomey general, did not discuss the legislation with OHA, and so failed to understand the thinking behind the development of the bill. Moreover, Morse explains, the bill only authorized

the start of negotiations; some of the Governor's concerns - such as the reduction of the public trust - could have been dealt with in the negotiations. The Govemor's veto has dampened but not broken the spirits of Maunalaha residents. Minewa Kaawa, president of the Maunalaha Community Association, said it's unfortunate the Govemor rejected the bill but that she and the association would try to introduce similar legis!ation in upcoming legislative sessions.