Ka Wai Ola - Office of Hawaiian Affairs, Volume 16, Number 4, 1 April 1999 — Page 11 Advertisements Column 1 [ADVERTISEMENT]

Do the Facts Matter? In recent weeks published editorials have tried to rewrite history, as well as cloud eommon understanding ot the law, by presenting half-truths about the Public Land Trust. A little homework and attention to history go a long way toward dispelling the umyths" and inaecuracies put forth by these authors. ( Honolulu Star-Bulletin, Jan. 9, 1999; MiAweek Jan. 27, 1999)

Mlyth #1: The <eded lands in the Puhlie Land Trust were never w/stolen' from or taken without <ompensation to the Hawaiian people." : FACT #1: U.S. Public Law 103-150, signed by the President of the United States and ratified by both houses of Congress, states: "the Republic of Hawai'i also ceded 1,800,000 acres of crown, government and public lands of the Kingdom of Hawai'i without consent of or compensation to the Native Hawaiian people of Hawai'i or their sovereign government." Myth #2: "The net ineome and more from the <eded lands [in the Puhlie Land Trust] is all going to OHA." FACT #2: The Office ot Hawaiian Affairs has never claimed trust revenue is only for Hawaiians. In fact, it has repeatedly pointed out that all residents of Hawai'i are beneficiaries of the trust. Under Act 304, there are two types of revenue generated by the trust. The state keeps all — 100 percent — of the larger portion. TTie law then mandates one-fifth (or 20 percent) of the remainmg share be paid to the Office of Hawaiian Affairs on behalf of the Hawaiian people. Therefore, by law, Hawaiians are entitled to less than one-tenth of the trust's total revenue. Yet, state courts ruled the state has

been delinquent in paying even this small amount. Myth #3: By dumanding what is owcd them by lawf Hawaiians are depriving <hildren of other ra<es from a quality edu<ation. FACT #3: Hawaiians, ]ust like everyone eise m the state, have a stake in ensurmg an excellent public school system. Disproportionately so, many Hawaiian families ean not afford to send their children to private schools, and must depend upon the public system. By law, the state — as trustee — is required to use funds from the trust for public schools. OHA, and the Hawaiians it represents, do not have a say īn how the estimated $270,000,000 collected and kept by the state annually is spent. However, as trust beneficiaries, Hawaiians are demanding the proper administration and accounting of trust revenue for the benetit of all. Hawaiians are not profiting from the Pubii< Land Trust at the expense of the rest of the state. Hawaiians are not asking for any spe<ial or preferential treatment. Rather, they are asking for the state to follow federal — as well as its own — laws and honor the Publi< Land Trust for the benefit of every resident of Hawai'i.

A message fi*om rhe Office of Hawaiian Affairs Working for a better Hawai'i. www.OHA.org