Ka Wai Ola - Office of Hawaiian Affairs, Volume 29, Number 5, 1 May 2012 — Twists and turns in seeking social justice for Native Hawaiian obligations [ARTICLE+ILLUSTRATION]

Twists and turns in seeking social justice for Native Hawaiian obligations

Aloha kākou. The OHA history of Puhlie Land Trust (PLT) revenue pursuant to Article XII of the Hawai'i Constitution and HRS Chanter 10 is

immersed in technical complexity. Oftentimes political manipulahon or indifference, and timing, proved to be everything. Cash settlement for "undisputed" PLT revenues in the amount of $130 million characterized as a "partial settlement" was paid to OHA in 1993. However, unresolved and "disputed" past-due payment issues remained. OHA asserted legal and legislative actions to resolve and

settle issues in dispute regarding PLT revenues obligated by Hawai'i Constitution and statute. Here's an overview: » 1994-1997 - OHA files complaint against the state over "disputed" past-due revenues. Court rules against the state; state appeals to Hawai'i Supreme Court. Case (aka OHA I) remains on appeal from 1996 to 2001. » 1996- 1997 - State/federal governments collaborate and adversely affect OHA's interests. U.S. Congress legislates puhlie law (the Forgiveness Act, 1997). Consequently, the Hawai'i Supreme Court, four years later, in September 2001, overturns OHA I decision, orders the repeal of Act 304 (legal clarity for OHA's PLT revenue stream), and mandates the Legislature to satisfy past-due ineome and proceeds obligations to OHA. » 200 1 - Governor stops all payments of "undisputed" PLT revenues from July 1, 2001, through December 2002. » 2002 - New governor elected. » 2003 - Governor issues Executive Order 03-03, reinstating "undisputed" annual PLT payments to OHA. State Legislature passes House Bill 1307 HD 1 SD 1 restoring "undisputed" annual PLT payments to OHA from July 1, 2001, through December 2002; OHA "undisputed" revenue payments made whole. OHA returns to resolving the "disputed" past-due PLT revenues. OHA trustees retain legal counsel scrutinizing past claims to "disputed" revenues and determine the state had likely breached its fiduciary duty. OHA files complaint (OHA II) against state.

In December, the court grants state's motion to dismiss OHA II. » 2004 - In June, OHA files appeal on OHA II to the Hawai'i Supreme Court. OHA and state start neuo-

tiations. OHA's priority: settle the "disputed" claims for past-due PLT revenue payments. » 2006 - OHA and state, through enactment of Act 178, agree that OH A be paid $15.1 million annually going forward and receive a $17.5 million lump-sum payment to make up for PLT revenues underpaid to OHA from July 1, 2001, to June 30, 2005. OHA/ state negotiations continue on "dis-

puted" past-due amounts. In October, OHA and state enter formal mediation. » 2008 - OHA/state settle the "disputed" past-due PLT amounts due OHA to be valued at $200 million from 1978-2008, to be paid in 200 acres in land and $ 13 million in cash. The state House supports the settlement bill; the state Senate leadership does not and "holds" House version of the measure. » 2009-20 10 - OHA reintroduces legislation with no success; files petition for writ of mandamus in 2010. » 2010 - Democratic governor elected, desires settling the "disputed" past-due PLT revenue issues. Democratic state Legislature passes governor-supported SB 2783: 10 parcels of Kaka'ako Makai land for OHA (six of 10 parcels were in 2008 settlement paekage). In 2008 the state House began and in 2012 concluded required steps to enact the OHAstate settlement resolving "disputed" past-due revenues to the present. SB 2783, signed into law April 11, 2012, settles payment of all "disputed" past-due PLT revenues due OHA fromthe state since 1978 valuedat $200 million, by the conveyance of 30 acres of land in Kaka'ako Makai, O'ahu, to OHA. OHA's effort to revitalize and reposition Native Hawaiians toward bettering conditions for social and eeonomie well-being as stewards and leaders in our homeland for Native Hawaiians and all of Hawai'i, advances - released from that past - moving forward. 41/48 ■

Haunani Apnlinna, MSW TrustEE, At-largE