Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 6, 1 Iune 2002 — Legislature defers ceded lands debt [ARTICLE]

Legislature defers ceded lands debt

OHA grants program anel trustee pensions approved, but ceded lands bi 1 1 "tabled" By Naomi Sodetani Legislators delivered mixed messages to Native Hawaiians — two positive and one detrimental — this session, when legislators in conference passed two bills from OHA's package to the floor for vote but withheld another. New legislation allows OHA to resume its eommunity grants program and to achieve equity in allowing OHA trustees eligibility for the same retirement benefits as other elected officials. But citing "fiscal problems," legislators balked on a critical measure that would have provided interim ceded land revenues to OHA. Trustees were stunned on hearing of the Legislature's final-hour withholding of the interim

ceded land revenue payment bill in conference eommittee. OHA Chairperson Haunani Apoliona said, "The tabling of the bill underscores the State's unwillingness to honor its constitutional and statutory obligation to Hawaiians, an obligation affirmed by the Hawai'i Supreme Court." Hawaiian Affairs Committee Chair Sen. Jonathan Chun said the decision was "based upon the critical shortage of funds and the fiscal problems that are facing our state . . . This is unfortunate but it is one of the signs of the problems that we are facing today. "Hopefully, in the next session we will address those problems and we will be able to provide OHA with some of the funding and to live up to the commitment that funds need to be given to them to meet our eonstitutional mandate," Chun said. Colette Machado, chair of OHA's legislative and See LEGISLATURE on page 17

LEGISLATURE from page 1 governmental affairs committee called the legislators' deferral "a stab at Hawaiians to pay zero on the State's ceded land revenue obligation owed to OHA, Taking into account these difficult eeonomie times, some amount of interim revenue payment would have shown an attem.pt to act in good-faith and told us Hawaiians are among the State's priorities," Machado said pointedly, "Eaeh of us is responsible for our debts, there are consequences for choosing not to pay car payments, mortgages or other bills," Apoliona added, "We recognize the difficulties faced in these sparse eeonomie times, But as fiduciaries, the trustees must do what any business does when bills are not paid, Apoliona said, "We will reanalyze ceded land revenue issues and reexamine our fiscal forecast, We will also meet with our attorneys to explore options to reasonably recover the state's ongoing failure to pay its well-past-due ceded land debts," she warned, The state controls 1,4 million acres of ceded lands, but has not made any payments to OHA since last June, īn fiscal year 2001, it paid $8.3 million — roughly half of OHA's 2003 operating budget. On Sept, 12, Hawai'i's Supreme Court had trounced the Heely decision and repealed Act 304 whieh set the state's formula to compute payments to OHA (20% of land-derived revenues), due to a conflict between state and federal law, Sen, Kalani English rose to the Senate

floor to remind his colleagues that the justices also opined the state should pay OHA its pro-rata share of land-derived revenues and expected the Legislature to pass a new law defining how ceded lands revenues will be calculated and paid to OHA on behalf of its beneficiaries, "We have failed to do that, and in failing that responsibility, we have failed the native peoples of Hawai'i," English said, "Have we finally said to the Hawaiian people, 'We will sell your culture to develop our weahh, we will take your lands to build our fortunes, We will use your oceans in any way we please, We will continue to erase your history and traditions by destroying the infrastructure that supports you, and we will start with the Office of Hawaiian Affairs,'" said the Maui senator, Rep, Miehael Kahikina of the Wai'anae coast also expressed deep "disappointment that the legislative session of 2002 failed to help OHA at a time when Hawaiians are already under a eontinued struggle to survive," Apoliona said that OHA will "stay focused and push forward" with its work despite adversity, She said that OHA will also continue to pursue federal recognition and she urged Hawaiians to vote, "The upcoming elections are a key factor in determining the future of Hawai'i and Hawaiians," OHA Administrator Clyde Nāmu'o noted. "2003 will be a critical time for the State of Hawai'i and Hawaiians, OHA urges Hawaiians to register to vote and vote to elect those people who you believe will best serve the future of Hawai'i and Hawaiians," ■