Ka Wai Ola - Office of Hawaiian Affairs, Volume 29, Number 1, 1 Ianuali 2012 — The Kakaʻako ceded land settlement [ARTICLE+ILLUSTRATION]

The Kakaʻako ceded land settlement

The state has offered 25 acres of prime shoreline land parcels in Kaka'ako Makai to settle

I its $200 million debt to OHA for back rent on uncollected ceded land revenues from 1978 through 20 12. In the puhlie meetings held by OHA so far, it seems we need to bring mueh more clarity to the settlement offer. OHA conducted an extensive series of puhlie meetings in December. A second round will occur during the back

half of the legislative session to allow for comments on any amendments to the settlement terms. This eolumn is my attempt to bring some clarity to what the settlement proposal is and, probably more important, what it is not. Simply put, the state owes OHA $200 million in back rent. OHA would like the cash. But the state is broke. Instead, the state offers land in fee title equal to the $200 million cash debt. OHA has accepted pending legislative approval and OHA's due diligence. But, it's more important to know what is not affected by the settlement. It has no impact on other land claims Hawaiians may bring against the state. It does not extinguish any existing rights, claims or entitlements Hawaiians have, whieh includes the Hawaiian Homestead lands as well as the ceded land trust. People will tend to make more of this than is the reality so I think it bears repeating: the state owes us money. They have no money. They make an offer of land instead of writing a eheek. The result is that OHA becomes a landowner and subject to all the laws governing land ownership, joining the Kamehameha Schools, Queen Lili'uokalani Trust, Queen Emma Land Co., Lunalilo Trust, the Department of Hawaiian Home Lands and other Hawaiian institutions that own land. There is legitimate eoneem in as-

sessing the value of the land and its potential to create cash for OHA and its beneficiaries; after all, the settlement, if not in cash, needs to

provide some way of yielding cash. Some argue it's not enough and some go so far as to say it's a rip-off. OHA is still in a process of due diligence at this writing and will continue to pursue the question of fair value as the proposal is vetted by the state Legislature. One aspect of this settlement remains unresolved.

Some Kānaka Maoli have always challenged OHA's legitimacy because it is a creature of the state. I respect their position of not recognizing the jurisdiction of the state or the federal government over Hawaiians and Hawai'i as a result of the illegal overthrow of the Hawaiian Nation. OHA has no bone to piek with those who choose to continue to issue such challenges for they too are beneficiaries, however unwilling, and OHA supports their right to seek justice and take a different path to self-determina-tion. But, we have to stay focused on the kuleana extended to OHA - even though a creature of the state - and that is to attend to the betterment of conditions of native Hawaiians and Hawaiians. OHA's kuleana stretches beyond the politics of sovereignty and nationhood. We are equally concerned about those things that define the quality of life for the vast majority of Hawaiians: home ownership, education, health care and employment. The Kaka'ako settlement will take us a big step further toward these ends. Ua mau ke ea o ka 'āina i ka pono - the life of the land is perpetuated in righteousness. ■ To comment on this or any other issue ofconcern, feelfree to contact me on twitter @PeterApo, Facebook/Pe terApo or PeterAOFlA@gmail.com.

PetEP Apo TrustEE, O'ahu