Ka Wai Ola - Office of Hawaiian Affairs, Volume 39, Number 10, 1 ʻOkakopa 2022 — 'Ōiwi Resources and Our County Government [ARTICLE+ILLUSTRATION]

'Ōiwi Resources and Our County Government

By Keoni Kuoha anel U'ilani Tanigawa Lum In the November eleehon, Maui County voters will be asked whether or not to approve the charter amendment to establish a Department of 'Ōiwi Resources. To inform civic discussion, we offer questions and responses on the topic for the readers of Ka Wai Ola. What are the county's responsibilities to the proper management of 'Oiwi resources? Our counties have a variety of responsibilities to the proper management of 'Ōiwi resources as directed by state and federal law, among whieh the state Constitution is the most expansive. As a result of the 1978 Constitutional Convention, and out of eoneem for Hawai'i's natural and cultural resources, Hawai'i's people elevated protections around our resources and customs in a series of constitutional amendments. Article XI, Section 1 of the state Constitution provides that "all puhlie natural resources are held in trust by the state for the benefit of the people." Furthermore, Article XII, Section 7 gives the state the duty to protect all Hawaiian rights "customarily and traditionally exercised for subsistence, cultural and religious purposes...." As a political subdivision of the state, counties are responsible for actualizing these protections. The protection of our natural resources and Hawaiian customs and traditions is the foundation of the county's duty to proper management of 'Ōiwi resources. The current Maui County Charter further dedicates the county to being "mindful of our Hawaiian history, heritage and culture" and to "fulfill[ing] the philosophy decreed by the Hawai'i State motto, 'Ua mau ke ea o ka 'āina i ka pono. " These substantial commitments by the county require specialized knowledge and skills to guide decision-making and ensure pono management. While these duties are required of the county as a whole, a dedicated department of 'Oiwi resources would provide specialized expertise in 'Oiwi resources to actualize meaningful protections and kuleana around these resources. What could a county Department of 'Ōiwi Resources do? Governments concentrate the knowledge and skill sets of important disciplines within departments to maintain the various functions of government and produce positive outcomes for citizens. Yet, there are currently no county departments in whieh the knowledge and skill sets required to manage 'Ōiwi resources are minimum qualifications for their leadership. That would change if the Department of 'Ōiwi Resources is established. According to the proposed charter amendment, the director of the Department of 'Oiwi Resources must be experienced in Hawaiian cultural resource management, cultural practices, and proficient in 'Ōlelo Hawai'i. Moreover, the proposed Department

of 'Ōiwi Resources would: 1) eollaborate with the mayor, executive branch, and eouneil to ensure proper management of 'Ōiwi resources throughout the county; 2) design and implement programs to care for and develop 'Oiwi resources; 3) guide the eounty in the correct usage of 'Olelo Hawai'i, including plaee names and the integration

of 'ōlelo within county functions; 4) promote healthy ecosystems through traditional resource management practices; and 5) advise state and federal agencies on all programs and projects that affect 'Ōiwi resources in the county. How does county management of 'Ōiwi resources relate to Hawaiian self-governance? The Hawaiian people have long sought and continue to strive for self-governance, including the independence to determine the foundational laws of our aina and lāhui. However, county management of 'Ōiwi resources is not Hawaiian self-governance. Neither is it the type of limited self-governance exercised through the Ofhce of Hawaiian Affairs. Yet, it represents a type of self-determi-nation that we have seen grow across Hawai'i since the renaissance of the 197 0s, through whieh Hawaiians build communities of practice and rise to positions of leadership within important sectors of our society.

Hawaiian education is a perfect example of this growing self-determination, where schools are built upon the foundation of Hawaiian values and education systems integrate Hawaiian culture into their practice as both the content and context of learning. County management of 'Ōiwi resources represents an opportunity to further cultivate Hawaiian self-determination within the government sector. Just as important, county management of 'Ōiwi resources is an opportunity to improve the government that we share with all residents of these islands, for the benefit of all and as required by the state Constitution. Hawaiian customs and traditions are a rich source of wellbeing for many. And, although the primary kuleana to steward 'Ōiwi resources is passed down through families and lineages of cultural practice, all who eall Hawai'i home have kuleana to support good stewardship of these resources. Collectively, Hawaiians, Hawai'i residents, and visitors will benefit from caring for the resources that are the foundation of life in these islands. ■

Keoni Kuoha serves as vice-chair of the Maui County Charter Commission. Uilani Tanigawa Lum is an attorney, hula practitioner, and fellow at Ka Huli Ao Centerfor Exeellenee in Native Hawaiian Law at the William S. Richardson School ofLaw. The mana'o shared in this article are their own.

Keoni Kuoha prepores for on 'owo ceremony,Phoio: Courtesy

T, Keoni Kuoho

i 1 U'iloni Tanigawo Lum