Ka Wai Ola - Office of Hawaiian Affairs, Volume 29, Number 10, 1 October 2012 — OHA CANDIDATES [ARTICLE]
OHA CANDIDATES
1) Native Hawaiian culture lives and thrives on the traditional practices that tie us to the 'āina (land), its resources and to eaeh other. OHA is the pnneipal puhlie agency responsible for advocacy efforts for Native Hawaiians. What would you do to advocate for continued access for Native Hawaiians to the 'āina, wai (water) and other natural resources?
2) How would you manage 0HA's assets - such as its investment portfolio and landholdings, including Kaka'ako Makai and legacy lands such as Waimea Valley and Wao Kele o Puna - to ensure maximum benefit for the agency's beneficiaries?
be invested wisely into safe, diversified and longterm profitableinvestments;andthatlandholdings must be cared for so that their ancient character and mana isnotdamaged.Anyuseordevelopment must be managed inwaysthat preservethe value of the land both spiritually and financially to serve the needs of the Hawa iian people. Prosperity means that portfolio profits that are budgeted for spending must be spent in ways that provide real-world benefits for Hawa iians. The focus must be on programs that work, programs that have lower administrative costs and a higher percentage of benefits that actually reach our people. Spending should itself be viewed as a form of investment in the Hawaiian people, in education, in our health and in manifestingthe values and cultural practices that are also our inheritance from our ancestors. Prosperity also means that appropriate use of lands must directly benefit the rightful heirs and beneficiaries of these lands in ways that are most helpful and meaningful to our 'ohana as we eonhnue to care for our future generations with the Hawaiian way of life.
1 ) Need to ask, in view of the latest controversial legislation -Act 55 (Public Land Development Corp.), where was 0HA's advocacy alarm to the Native Hawaiian eom mun ity for public outcry in 2011? Obviously Act 55 slaps the face of the question. It's far-reaching, broadly impacting. Stealingthe land — again, native rights, burials, cultural practices, kuahiwi to kai, 'āina to lani. Environmental, financial, health, wea lth, education, development, RAIL, statewide, eeonomie development, all-encompassing disaster. Although on record, OHA opposed, if I were trustee in 2011, 1 would have organized efforts to KILL THE BILL. Then, hopefully HB 2156 is not a little too late effort. Will OHA get its 20 percent when these lands change hands? Questionable answer. 2. OHAStrategic Plan. Mo'omeheu-Culture. HRSChapter 226-OHA Culture Plan inclusion missing in the state plan. The culture plan could have been twofold. Convene Hawaiian community meetings to discuss: a. ACT 55, addressing its importance with information; b. Input into the culture plan with assessments, policy, action plans and implementation. I'd develop and implement the plan. In conclusion, I would effectively advocate at the board, administration, staff and the Hawaiian community levels to empower ourselves with "great" legislationand policywith communitysupport, while vehemently opposing "disasters." 2) I considered polling the other candidates; approach OHA with a demand to stop any acquisitions or purchases until after the elections. By this time, I read Gentry was sold. 2012 voted-in trustees will have to deal with the "elephant." Doesn't the building have asbestos? The retrofitting for 0HA's use will cost more $. I have serious
reservations about the trustees and brokers who made thisdeal. 0HA's Kaka'ako Makai has a four-story building with parking. I propose to buy out the tenants' contracts, retrofit for 0HA's use, saving the corpus approximately $20 million. Now, that's prudent judgment. Atthis point, hopefully havingthe Gentry building as a commercial investment. Hi'ilei, 0HA's LLC, is not solvent. A good example: Makaweli Poi on Kaua'i (recently in the news), Waimea Valley on O'ahu and unless OHA is into geothermal at Wao Ke 0 Puna-Hawai'i, what are the financial returns? I don't see how this benefits the beneficiaries, unless we get a stipend. Unfortunately, it would eome from the OHA corpus, not the LLC's profits. I would implement a serious financial disclosure audit, create a community land trust for legacy lands and strategically and fiscally plan Kaka'ako assets that will benefitour lāhui.
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1 ) Transparency and eolla boration are key to effective advocacy. Beneficiaries are the best partners and many are chosen leaders that excel in their respective careers. Native Hawaiians are an asset and will bring about effective changes to protect and preserve Hawai'i's land, water and natural resources. OHA must continue to holomua. 2)0HAshould assesstheir investment portfolio by: A) Kaka'ako — 1. Build an ieonie authentic Hawaiian hotel and/or time-share high rise. 2. Build condos and/ordormitories. ltwouldcreatemanagementjobs and opportunities for our beneficiaries. B) Waimea Va lley — 1 . A team of OHA staff should make an assessment and evaluation of this historical landmark: a) Establish a sales/marketing promotional package and include the military market. b) Staff hmeline would be two weeks and theyshouldhavea hands-onapproach byactually setting up office at Wa imea Valley. I had the privilege of being a panelistfor the twoday training session for the Departmentof Defense. It was my first visit to Wa imea Va lley. Amazing what I learned on thewalkingtour. C) Wao Kele 0 Puna - 1. Conduct research and development for native plants. 2. Build a hydroponie nursery for native plants. 3. Start a maile farm. The native plant market is unlimited. OHA and its beneficiaries would profit by maximizing the use of the rainforest of Puna.
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1 ) Native Hawaiian access to 'āina, wai and natural resources ean best be accomplished in partnerships with other groups and agencies. Having participated with the 'Aha Kiole Council project, whieh was organized with the help of
Western Pacific Fishery Management Council, WESPAC, to make recommendations to federa I fishery management policies, is a good exa mple. The 'Aha Kiole became partof a lawto help Hawaiians manage their natural resources, oeean to makai by using the ahupua'a system of land stewardship to form groups represented by communities in eaeh ahupua'a, who then eame together into mokus and then an islandwide representative that met as a eouneil. The conversation and participation on many levels, from the fisherman to the farmers, from conservation projects to government and agency management of lands is often complex and involves inter-related management policies from federal, state and county levels. I support the effort to abolish the Public Land Development Corp. (PLDC), created by the Legislature. It will effectively cut off any connection between the DLNR mission of resource conservation and the development of state land. The PLDC's mission is to develop state land in a manner that maximizes revenue. The PLDC board has no obligation to balance the interest of resource conservation, no obligation to have projects meet land-use or county zoning laws, and no obligation to ensure the Board of Land and Natural Resources supportsthe projects.AII state land isceded land, from the illegal overthrow and OHA should always keep a watchful eye on development of state lands and fight to keep the balance. 2) OHA hires financial planners for their investment portfolio and looking at long-term return on investments is probably the safe way for OHA. What is more challenging is the management of Waimea Valley and Wao Kele o Puna, the Kaka'ako Makai, and recently Gentry Pacific Design Center. Land-based returns are a practical approach to generating revenues and tourism was on a high this past season for Waimea Valley. The management of Wao Kele o Puna is a challenge to keep pristine this valuable asset. As a supporter of geothermal energy, I would like to see OHA own a utility company in their mix of investments. I am not suggesting compromising our pristine lands, but to rather follow the Maoris in their ownership of energy producing utilities on their land.
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1)1 would seek to strengthen OHA's advocacy efforts by eolla borating with established eommunity resources. By building this partnership, through OHA's leadership, we ean be more efficient and effective in providing tools to our kānaka and protecting the interest and assets of our beneficiaries, particularly in the area of preserving our precious natural resources. OHA cannot carry this burden alone and it must build a stronger dialogue with the people it serves in order to do so. By unifying our efforts, we ean truly understand the needs of our people, ensure their voices will be heard and empower them to share in the kuleana. This is a kākou effort.
2) As trustees, the obligation to our beneficiaries is to determine the highest and best use of a II assets. In the past 10 years, we have seen dramatic volatility in stocks and uncertainties in the bond market - therefore, we must seek to d iversify OHA's portfolio and build stability with our assets. With the recent acquirement of Kaka'ako lands, OHA now plays a critical role in shapingthe "gateway to Waikiki." These lands are valuable and, if managed responsibly, will allow us to grow our assets while continuing to tell the story of our 'āina hānau in a way that is true to our people. We must also look beyond revenue-producing properties. Our legacy lands are what we will pass down to future generations. It is these lands that will allow us to keep vital parts of Hawa i'i's natura I resources alive. We must continue to strengthen protections over these lands. Let us not forget that while OHA trustees have a fiduciary duty in managing the trust assets, they also carry a kuleana to ensure maximum benefit for all beneficiaries - past, present and future. Ensuring this is never an easy decision, but as a trustee, I will ba lanee all of my decision-making using three basic criteria: meeting current needs, providing in perpetuity for future generations and mālama 'āina.
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1 ) Our quality of life is dependent on our 'āina, wai and natural resources physically and spiritually. To ensure that generations after us are afforded the sa me qua lity of life that our ancestors left for us, I will support legislation that protects our natural resources and the access to those resources. I will always support Native Hawaiians remainingon theirancestral lands. Listening to community concerns is important because it often reveals infractions that need to be addressed. There are presently community eoncerns regarding the closing off of public accesses to beaches and mountains and the diversion of water that affects farmers. I will support legal action that addresses concerns such as these. Many lawsare madewith good intentions butthey are only as good as they are enforced. One of OHA's goa ls should be to workwith state and federa I agencies to find ways to enforce laws that protect our natural resources and the access to them. 2) To attain maximum benefit for OHA's beneficiaries I would mon itor the performance of investments in the portfolio. I would implement a risk-management program and work closely with investment advisers to ensure that OHA's portfolio is diversified to withstand market trends. The acquisition of Kaka'ako Makai offers OHA the opportunity to provide its beneficiaries with a plaee where they ean gather and practice their Native Hawaiian cultural heritage. It is an area thatcould potentially generate revenues for OHA. Kaka'ako Makai has many possibilities such as a
cultural market, small loeal business, restaurants, farmers' market, as well as provides a plaee for recreational and educational public uses. I would like to see a health-care center there that could provide dialysis treatment and cancer infusion treatment. Waimea Valley and Wao Kele o Puna have spiritual significance. Cultural events, sma II social gatherings and a farmers' market are acceptable at Wa imea Valley. Wao Keleo Puna should be kept as pristine as possible. The term "highest and best use" means the legally, financially and physically possible use that produces the greatest net return from the land over a given period. To Native Hawa iians our "net return" is a sense of plaee. The "value" we plaee on the 'āina goes back generations and cannot be measured monetarily. We are connected to our ancestors through the 'āina. It is where they worked to sustain themselves and our generation must mālama the 'āina forthe next generation.
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1 ) I would start by educating our keiki in both elementary school as well as middle school with what natural resources were available in the past so that they ean compare it to what is available inthe present. This would be accomplished by supporting the current Hawaiian Studies curriculum in both the fourth grade and seventh grade in our public schools, whieh focuses on different aspects of Hawaiian life such as the ahupua'a system. Most importantly, I would form relationships with the public and private schools, members of the eommunity such as our kūpuna and other cultural experts as well as different divisions in our state government like the Department of Land and Natural Resources. 2) lt's important to remember that OHA's assets are the people's assets. The best way to ensure a maximum benefit for the agency's beneficiaries is by listening to the people and understanding their concerns and desires for OHA's investment portfolio and landholdings. As we are still in fragile eeonomie times, land assets and recent acquisitions must be managed conservatively and with the best interest of the people at heart. OHA must continue to diversify its investment portfolio through land acquisitions and other revenue enhancing measures, while also clearly defining its long-term vision forthe Hawaiian people.
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1 ) As a first step and starting with OHA's own landholdings, I would visit access easements or covenants as a cost effective long-term protection of resources for Native Hawaiians. We need to be vigilant and creative in safeguardingour access rights.
I MANA KA LEO | EMPOWER YOUR VOICE
Access is not a new issue and we build on foundations previously laid down bythose "warriors who stood before us." As an example there are recommendations in: Phase III. Native Hawaiian Access Rights Project (Recommendations for SMA Rules and Process) that we could revisit and strengthen. There are laws and ruleson the books— it's there ... butwe need to advocate for "teeth" or enforcement to make them more effective as was demonstrated by advocates on Maui in the recent Nā Wai 'Ehā court decision. I would keep an eye on developments with the State Historic Preservation Division. SHPD plays an important role in the Section 106 Native Hawaiian Organization (NHO) process, as it ean safeguard access rights alongwith other cultural and traditional practicesforconsideration. 2) While financial consultation within the investmentframework is vital, so is maintainingconsultation within our Native Hawaiian communities in regard to landholdings. The challenge is to make decisions that are financially viable while maintaining our cultural values. We must maximize our eeonomie best-practice opportunities or financial growth, sustainability and profitability to fulfill our fiduciary responsibilities for OHA's beneficiaries. That is our mandate, yet these decisions must be tempered by our unique cultural and traditional values to the 'āina and to our people. I would strive to strike a ba lanee in decision making. NativeHawaiiansarea peoplewho live in two worlds - one foot in a modern society (investments) and the other in our cultural identity (legacy). It is our strength, our heritage, our reality and ourchallenge.
I :]l lll m I HIIEHI
1 ) As a former Kaua'i state representative and Kaua'i County councilmember, I have sat through countless hours listening to our peoples' concerns about our ability to access the oeean and the mountains. I have helped pass legislation to ensure our rights and the rights of our children and their children to gather, to fish, to access water for farming. One of the first things I would do as an OHA trustee would be to go before the state Legislature and ask for a repeal of the Public Land DevelopmentCorp.AsanOHAtrustee, lwould continue to work with the federal government, the Legislature, the counties, private landowners, Hawaiian organizations, any and all involved to, first, protectour natural resourcesand, second,to allow the use of these resources for sustenance and traditional practices. As a proud Kamehameha Schoolsgraduate, lwouldworkwith Kamehameha Schools to make more lands accessible and available to native Hawaiians for agricultural endeavors mueh like the very successful Waipā project on Kaua'i. I grew up in Anahola Hawaiian Homes and saw the failure of their farm lots mainly because the land was depleted and not suitable for farming. I would work with Hawaiian Homes to create areas where you would receive a house lot and as a legitimatefarmer,youwould haveanadditional lot exclusively for farming and agriculture in an area with good soil suitable for farming. The oeean, land and water are our lifeblood, it keeps us connected and centered. I will do all possible to protect our rights and access to our 'āina. 2) How would I manage OHA's assets? Verycarefully! ! When one is entrusted with the financial and
physical assets whose sole purpose is the betterment of our native people it is imperative that it be transparent, conservative and above reproach. OHA has a huge responsibility to protect these assets while at the same time provide needed services to the Native Hawaiian community. As a businessman, I amfamiliarwith investment portfolios and real estate transactions. I would do my homework, consult with professionals, do my due diligence and make decisions based on what is best for the Native Hawaiian community. The Kaka'ako Makai settlement may be a benefit to our people if hand led correctly. I believe I have the experience, ability and understanding to sit at the OHA trustee table and help make these extremely important decisions.
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1 ) Shouldn'thavetobeadvocated,itshould be there. Period. Continued access is supported throughexistingstate laws. Native Hawa iians have legitimate claims of entitlement. Federal authority supports the conclusion that a benefit whieh one is entitled to receive by statute constitutes a eonstitutionally protected property interest. Unnecessary and restrictive enforcement of established rights should not go unchallenged anymore. Native Hawa iians have been shut out of their own lands and their own agency, OHA, is inaccessible to the average struggling Native Hawaiian. HRS § 1740-101 states "... Such traditional and customary rights ... sha II not be diminished or extinguished by a failure to apply for or to receive a permit under this chapter." OHA is in an (unutilized) authoritative position to ensure these rights are guarded, yet has gone on the defensive, causing dysfunction and inconsistency. Most importantly, not only do we have to bring everybody together and stop the division among Native Hawaiians, firstwe have to identify who or what is causing this d ivision sowecanget down tobusiness. 2) lt's superficial to attempt to answer this question as posed with the expectation of an answer in 200 words or less. I will say this: I would manage it better than what the current trustees are doing now. The lost opportunity with Pa pahānaumokuākea Marine Nahonal Monument is one example. The mindset has to be established that the protection of the lands is critical to the investment portfolio and future security for the beneficiaries. And realization that the Native Hawaiian is the mostimportantasset. There should be balance between resource asset protection and Native Hawaiians' rights to access those resources. In the real world, most Native Hawaiians are in life or death situations because they've been alienated from their lands. There's a disconnection with the stated desire to ensure maximum benefit for the "agency's" beneficiaries when most don't even receive any benefit. One has to have a 501c3 license to avail OHA benefits. lwould befrugal;Overthe past 10 years millions of dollars of beneficiary money was invested in a failed bill that most Hawa iians opposed. Excessiveness and absence of accounting to beneficiaries is not how I envision the management of OHA's assets. And I do have a statewide investment strategy that will yield an automatic 8-10 percent minimum return within hours of establishment, although I must respectfully refrain from discussingitinthis venue.