Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 10, 1 October 1996 — State denies Hawaiians airport revenues [ARTICLE]

State denies Hawaiians airport revenues

Bv Barbra An Pleadwell The Office of Hawaiian Affairs (OHA) will not stand by while the state and the airline industry snipe about money owed to native Hawaiians.

"Justice is justice," said OHA Chairman Clayton Hee. "OHA must take the offensive on behalf of the Hawaiian people," Hee said. The courts have ordered the state to account for entitlements due native Hawaiians. In reaction, the state and the airline industry have raised red flags and

used tactics to scare the rest of Hawai'i's population. They make allegations that tourism will falter, airline ticket costs will skyrocket and food prices will go up. Governor Ben Cayetano has turned up the heat on the matter of payment to OHA from revenues generated by airport operations. The state is refusing to pay its debt to Hawaiians. Earlier this year Cayetano suspended payment of OHA's share of landing fees at the Honolulu Airport. OHA's portion of the landing fees total $7.2 million a year. The state plans to appeal the ruling affirming Hawaiian claims. In recent press reports, Lawyer Jeff Watanabe, representing the big airlines, painted dire financial consequences for his clients because of the native Hawaiian entitlement to part of the revenues from ceded lands. The Honolulu Airport sits on such land. Watanabe used Gov. Ben Cayetano's office for his platform in meeting with newspapers. OHA was not invited to the meeting. "Jeff Watanabe's airline clients are more important to him and to the state's attorney general, Margery Bronster, than the people whose culture they eome to exploit," Hee said.

"Justice is justice," Hee repeated. The courts ordered the state to improve conditions for prisoners at the O'ahu Community Correctional Center and the Women's Community Correctional Center. The U.S. Justice Department ordered the

, state to improve conditions at Kāne'ohe's Hawai'i State Hospital. The federal court ordere4 the state to provide fiee and appropriate education to children with special needs. The state grumbled, but the state responded. "That is justice," Hee said. "Does the state view

its obligations to native Hawaiians as less important?"

Hee has called upon the governor to join OHA to host a summit meeting with leaders of financial institutions and the community. The summit's goal will be to find a remedy that is win-win. If the governor agrees, Hee said OHA will take the lead in setting up the blue ribbon group. Hee suggests one possible win-win situation for the state and the Hawaiian people: The state ean demand of the federal government the return of all ceded lands not strictly required for defense. These lands include the golf courses on Hiekam Air Force Base, Navy Marine Golf Course, and Kāneohe Clipper are not needed to defend the United States. Neither are the lands at Bellows, Fort DeRussy; and 2CX),000 acres of NationaI Parks Land.

Hee is calling upon the airline industry to seek justice. "We eall upon the state, Jeff Watanabe, Margery Bronster, and the airline industry to stand for Hawaiians. The Hawaiian people are more than loeal color used to attract tourists." Hee says OHA will educate legislators about this issue, and legally prepare to prevent attacks on Act 304. Act 304, passed by the Legislature three years ago, established a formula for ealeulating the ineome due to OHA for native Hawaiians from use of the ceded lands in the Public Land Trust. It also established the amount the state owed native Hawaiians for 15 years of uncompensated use of the ceded lands plus interest. Resolved in a recent ruling were questions about revenues from certain ceded

lands. In a landmark decision, Circuit Court Judge Daniel Heely ruled 20 percent of revenues from the following operations are owed Hawaiians: • Duty Free Shoppers' (DFS) in Waikiki (shoppers must piek up their purchases at the airport DFS loeaūon) • Hilo Hospital • 67 low-ineome Hawai'i Housing Authority projects OHA filed suit two years ago claiming rights on the revenues, and the state filed a motion to dismiss the suit claiming sovereign immunity. The state's request was denied. "Entitlement is not a privilege. It's a right supported by the constitution and the court," Hee said.

"We eall upon the state . . . and the airline industry to stand for Hawaiians. The Hawaiian people are more than loeal color used to attract tourists."

— Clayton Hee OHA Chairman