Ka Wai Ola - Office of Hawaiian Affairs, Volume 20, Number 1, 1 Ianuali 2003 — Lingle defers ceded lands payment, hands off issue to legislators [ARTICLE+ILLUSTRATION]

Lingle defers ceded lands payment, hands off issue to legislators

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By Naomi Sodetani Gov. Linda Lingle will not make a direct $10.3 million payment to the Office of Hawaiian Affairs as promised during her campaign, but has deferred the matter to the 2003 Legislature. The governor said she remanded the issue to legislators because she "wanted to be respectfiil of their prerogative" to decide on budget issues. Instead, she will submit a bill asking for immediate payments as "one of our first requests ... it will be separate from everything else," Lingle said. During the Nov. 1 televised OHA gubernatorial debate, Lingle vowed she would make "immediate payment" on undisputed revenue fiom ceded lands by transferring the

money from a claims and settlement fund as a swifter alternative to legislation.

"It's important that the governor work swiftly to restore funding. You can't wait to go to the Legislature, in my opinion," Lingle said. "We need to make

sure that the total amount that is owed to OHA is paid now, so they ean eonhnue with their activities." On Dec. 6, OHA asked the governor to make good on her pledge in a demand letter referring to "past due payments for use of ceded lands" signed by OHA Chairperson

Haunani Apoliona (see letter on pg. 12). Lenny Klompus, the governor's spokesman, responded with assurances that "she is going to live up to that agreement." He said that the state's new budget director Georgina Kawamura would investigate whether enough discretionary funds existed for the governor to tap into for this purpose. The following week, after meeting with House Democrats, Lingle said she deferred acting on the matter because Democrats held that legislation was procedurally required. House Speaker Calvin Say said, "The Legislature does the appropriations; it has to be part of the finaneial plan just like any other gover- ___ >» nor. A similar letter was sent Nov. 1 to

then-Gov. Ben Cayetano. He rejected the demand, saying he did not have the authority to release the money, noting that the law enabling ceded-lands payments had been rescinded. That evening, during the OHA debate, former Lt. Gov. Mazie Hirono insisted that funds could not be paid out directly by the governor without first obtaining legislative approval. OHA is funded by revenues generated on ceded or public trust lands. The $10.3 million covers "back rent" due between the period from July 2001 to Sept. 2002. It does not include controversial unpaid revenue from community hospitals, state affordable housing and duty-fiee concession leases on ceded lands. ■

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