Ka Wai Ola - Office of Hawaiian Affairs, Volume 21, Number 1, 1 Ianuali 2004 — 2004 legislative outlook [ARTICLE+ILLUSTRATION]

2004 legislative outlook

Last year's unveiling of "Nā 'Ōiwi 'Ōlino" - People Seeking Wisdom theme was appropriate as OHA submitted nine proposals whieh addressed ceded land payments, the Hawaiian Registry, Hawaiian representation on advisory boards and other housekeeping measures. Although one of OHA's most important initiatives, the reenactment of Act 304, was held, OHA was victorious in other equally important areas. One of those areas was the ceded land revenues back payments due to OHA that were suspended. Governor Lingle signed Act 34 into law, whieh transferred $9.5 million from certain state funds for unpaid ceded land revenue to OHA and the State acknowledged a retroactive payment that will total $12.3 million. Throughout the session, OHA's BAE legislative team reviewed an estimated 3,400 bills that were introduced. Of these, 165 bills and resolutions were identified as proposals whieh impacted Native Hawaiians. OHA provided testimony for approximately 110 pieces of

legislation and a majority of these measures were decided upon reflecting OHA's testimony. OHA's 2004 legislative package will revive bills from 2003 that were held, including a bill that would help clarify the lands eomprising, and the revenues derived from, the public land trust under the State Constitution. The second bill will ask for representation of the Office of Hawaiian Affairs on boards, commissions and advisory boards. This bill calls for the governor to appoint one member of the Board of Land and Natural Resources, the Land Use Commission, and the public advisory body for coastal zone management from lists of three nominees submitted by OHA. The two other bills are housekeeping measures relating to the uncapping of the OHA administrator's salary and OHA trustee retirement. OHA's 2004 legislative package will also sport three initiatives including shoreline certification, ceded land exchange, and cruise ship pollution.

Issues on shoreline certification involve tightening and strengthening the current program. One of the important things the proposed legislation would do is clarify the definition of "shoreline" to be the "upper reaches of the annually recurring high seasonal surf. It would also provide for trained and experienced state employees to locate the "shoreline." Current practice uses private surveyors (hired by the property owners) with little training to locate the upper reaches of the waves. Issues on ceded lands aim to prevent alienation, sale, and exchange of land whieh are or may be part of the State's ceded lands trust. For the past few years, OHA has actively opposed these types of land transactions and hopes to gain legislative confirmation to this effect. Recent news headlines have increased the urgency for establishing a formal program relating to vessel discharge. Solutions could be simple, like charging a Transit Accommodations Tax (ATA) and plaee the funds in the Department

of Taxation and have the State Department of Transportaion establish Administrative Rules for enforcement. Currently there are six bills alive that address an array of solutions to the pollution problems. In the way of short form bills, OHA is working to submit a bill that will give some weight to recommendations made by the burial councils for eaeh island. Currently these burial councils are advisory only, whieh is problematic when recommendations are contrary to those of the State Historic Preservation Division. Again this 2004 legislative session, OHA will be at the Legislature to maka'ala these and many other measures that affect the Hawaiian community. We will remind Legislators of their duty to put in high priority and ultimately resolve Native Hawaiian issues. The overwhelming support and input we received from the Hawaiian community throughout this year reaffirms the need for OHA to be steadfast in its demands for justice and fairness for the Native Hawaiian people. ■

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Colette Machado Trustee, Moloka'i and Lāna'i