Ka Wai Ola - Office of Hawaiian Affairs, Volume 14, Number 5, 1 May 1997 — Down to the wire fight yields workable ceded land trust bill [ARTICLE]

Down to the wire fight yields workable ceded land trust bill

by Deborah L. Ward Ahard-fought battle by Office of Hawaiian Affairs to stand for justice for all Hawaiians in entitlements from the ceded land trust was victorious as the 19th State Legislature adjourned on May 1. A concerted, consistent lobbying effort by the Hawaiian community — for a second year in a row — and support from Senate leadership, eombined to beat back efforts by the House of Representatives to redefine, or cut OHA's revenue share from the ceded land trust. State legislators voted on the final day of the session to pass House Bill 2207, conference draft 1, that deals with issues relating to lands in the pubhc trust. In the final hours of the 1997 state Legislahire, House and Senate negotiators in conference hammered out a much-amended compromise version. OHA trustees supported this final version, saying it removed earlier threats of drastic and harmful changes in the way ceded lands revenues would be determined. After three months of negotiations, Senate conference committee chairs

held hrm on their stand that the onginal House position took an excessively strict and punihve approach that would be subject to lawsuits. The House argued that last summer's ruling by Judge Daniel G. Heelv in Office of Hawaiian Affairs v. State of Hawai'i (Civil No. 94-0205-01) misinterpreted legislative intent on payments due OHA from ceded land revenues, and should be settled instead in the legislature. Senate conferees disagreed, saying the state Supreme Court process should be allowed to eonhnue, guided bv legislative intent in HB2207. The conference draft was seen as a fair, and long-range approach to resolving controversies over ceded land revenues. "A lot of work by a lot of people went into this bill," said OHA Trustee Haunani Apoliona, "and the result is something we all ean live

with. It keeps us all — Hawaiians and non-Hawai-ians alike — moving forward in a positive direchon on ceded lands issues." The vote in the House on HB2207 was 49 ayes, 2 excused. In the Senate. 2.3

ayes, 2 excused. It eame three months after intensive lobbying, teshmony and monitoring by OHA and Hawaiian organizations, and a 24-hour vigil at the state capitol. The measure now moves to the Governor to be signed into law. OHA Trustee Frenchy DeSoto said, "These issues are ehheal for Hawaiians and our enhre eommunity." "The hnal version of this significant measure moves us forward in the quest of a fair and reasonable resoluhon of this issue whieh will affect

Hawaiians for generahons to eome." The bill provides for: • A comprehensive two-year inventory and map database of all lands currently subject to section 5(f) of the Admission Act. "For the hrst hme," said DeSoto, "we will know where these lands are and how they are being used." • An open process to study and make recommendations on issues relating to the public land trust, including whether lands should be transferred to OHA in partial or full sahsfachon of obhgahons under Arhele XII, Sechon 6 of the Hawai'i Constituhon. An eight-member panel with two members eaeh nominated by OHA, the House, the Senate and the Governor will be established. The committee will hold public hearings throughout the state, submit a progress report to the Legislature in 1998, and a hnal report in 1999. • Stabilization of OHA revenues from its pro rata porhon of the public land trust for the interim period, FY 1997-98 and FY 1998-99, at $15.1 mUhon for eaeh hscal year. This hxed rate funding in ceded land trust revenues over the next two years will allow OHA to eonhnue program funding, pendine eomplehon of

the ceded lands inventory and settlement of lawsuit and other eontroversies. • A Preservahon of porhons of Chapter 10, Hawai'i Revised Statutes, whieh were enacted in 1990 with Act 304. Carrying out the provisions of HB2207 will cost more than $1 milhon eaeh year over the next hiennium. The Legislature appropriated $500,000 in general funds in both fiscal 1997-98 and 1998-1999 to fund the operahons of the joint rnmmiffoo

($75,000 per year) and to conduct the public lands inventory ($425,000 per year). All funds must be matched dollar , for dollar by OHA from trust funds. In addi-

hon, $100,000 was appropriated out of the Department of Hawauan Home Lands budget in both years ot the 1997-1999 biennium to enable DHHL to pay for its share of inventory and mapping of any ceded lands under DHHL control. "Although we are concerned about the tone of some of the

non-binding Ianguage about legislahve intent, and the unresolved issues of landing fees shll withheld in escrow by the State, and the State's appeal against Judge Daniel G. Heely's decision regarding the ceded land revenues," said OHA Chairman Clayton Hee, "we support the passage of HB2207, HD2, SD1, CD1." Other bills of eoneem to OHA and the Hawaiian community that passed were: • HB 1857, whieh extends the life of the Hawaiian Home Lands Tmst Individual Claims Review Panel, and allows continued work on an estimated 4,000 claims still before the panel. However, legislators were expected to disallow more than 160 claims by homestead applicants still on the waiting list; and • HB 2060, whieh approves the OHA 1997-1999 biennium budget at the same level funding as in 1995-1997, $7.5 million. OHA's request was not approved for a 3.7 percent increase in general funds. The increase was to cover anhcipated increased office rental costs, computer system improvements, a staff person to ensure eomplianee with the Uniform Informahon Prachces Act, and for costs associ-

Bankoh FirstHome Loan requirements: You must be a Hawaii resident and you cannot own real property currently or within the last three years. Property must be located in Hawaii. The borrower must occupy the property as their primary residence. *1 point waiver on 1 -year, 3-year and 5-year ARMs only. **Principal and interest payments for the first three years of the 30-year term are based on 3/1-Year ARM rates effective 3/19/97: 6.5% interest rate; 8.046% APR, subject to change. Maximum monthly phneipal and interest payment is $1 ,623.53. Initial rate is locked for three years then adjusts annually. The rate cannot increase more than 2% in a year or more than 5% over the life of the loan. 3% down payment requires mortgage insurance. Other adjustable-rate and fixed-rate mortgages are available. Rates and terms subject to change without notice.

"Although we are eoncerned about the tone of some of the nonbinding language about legislative intent, and the unresolved 4 issues of landing fees still withheld in escrow by the State, and the State's appeal against Judge Daniel G. Heely's decision regarding the ceded land revenues, we support the passage of HB2207, HD2, SD1, CD1." — Clayton Hee OHA Board of Trustees Chalrman ated with fringe benefit increases mandated by the state Department of Budget and Finance. 1

>• ~ •&" W •- *r' p *• V? ' W- ' V *" r ^ Mel Ka Wal Ola o OHA (May) '97

"These issues are critical for Hawaiians and our entire community." — Frenchy DeSoto OHA Trustee At-Large