Ka Wai Ola - Office of Hawaiian Affairs, Volume 14, Number 3, 1 Malaki 1999 — Understandinq the ceded lands negotiations [ARTICLE+ILLUSTRATION]

Understandinq the ceded lands negotiations

LAST YEAR, 1998, marked 20 years since the State Constitutional Convention created the Office of Hawaiian Affairs. Throughout this period of time, OHA has sought unsuccessfully to obtain a eomplete and accurate inventory of the assets of the 5(f) trust lfom the state and federal govemments. The tmst corpus consists of approximately 1.8 miUion acres of fast lands, 1.5 million acres of submerged lands, energy, maiine and natural resources and the revenues from the trust assets. In 1 984, OHA sued the state to obtain harbor and ahport revenues. This suit evenmally led to the passage of Act 304 whieh set up a payment process and identi-

fied certain revenue resources for OHA. In 1994, OHA sued for revenues from Duty Free, Hilo Hospital patient services, Hawai'i Housing Authority and Housing Finance and Development Corporation. A summary judgment in this case, now known as the Heely decision, was resolved in OHA'sfavor. The state responded by ignoring the decision and appealing, as well as by passing Act 329 limiting OHA's revenues to $15 million per year. The current negotiations ordered by the Supreme Court are limited to the Heely decision. The state continues to push for a global settlement, but refuses to provide an inventory of the 5(f) tmst corpus. A valid global settlement would require that a eomplete and accurate inventory of the ceded lands trast be conducted with OHA, state and federal participation. Secondly, such a settlement would require a segregation of the trast assets so that Native Hawaiian interests in the trast could be separated ffom public trast assets. In addition, issues relating to human and civil rights violations against Hawai-

ians and to the illegal overthrow of the Hawaiian Kingdom identified in the Federal Apology Bill, Public Law 103-150 should also be resolved. The primary obligation of all trastees is to inventory the trast assets. OHA's efforts to aeeomplish this goal through negotiations and pieeemeal litigation has proved a failure. The time has eome for OHA to pursue a eomprehensive accounting ffom the state and federal govemments. The Hawaiian beneficiaries of the

5(f) trast have been and eonhnue to be arrested and persecuted for occupying their ceded lands and demanding accountability ffom

the United States and the State of Hawai'i. OHA trastees need to respond to these beneficiary actions by seeking a full accounting of the ceded lands trust. Many people ask why OHA wants more money. In a very

real way, it's not what OHA wants"but what the trust obligation of the office and the trastees is. The estimated cost for building homes and infrastructure for Hawaiians on the current Department of Hawaiian Home Lands waiting list exceeds $2 billion dollars. In addition, the educational, health and cultural needs of Native Hawaiians must be satisfied. These obligations must also be met for Hawaiians. Real justice, as it relates to the ceded lands controversy, requires that submerged and fast lands and money be provided for the beneficiary needs, and that the Native Hawaiian and Hawaiian peoples be able to exercise jurisdiction and decision-making authority over their trast assets. Historically, all of the lands and resources of the Hawaiian Archipelago belonged to the kanaka maoli. This simple trath needs to be accepted and recognized by everyone as we pursue a fair and just resolution of the claims of the Hawaiian peoples. ■

LLThe lime has eome for OHA to pursue a eomprehensive accoimting from the state and federal government.

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