Ka Wai Ola - Office of Hawaiian Affairs, 1 September 1983 — OHA SUES STATE FOR NATIVE HAWAIIAN REVENUE ENTITLEMENT [ARTICLE+ILLUSTRATION]

OHA SUES STATE FOR NATIVE HAWAIIAN REVENUE

ENTITLEMENT

Ariyoshi Admimstration Reply: OHA UNCONSTITUTIONAL

A few weeks after OHA filed the Papohaku suit, the Attorney General released a formal opinion covering additional ceded lands in whieh OHA claims entitlement. Ceded lands are those taken from the Hawaiian people without compensation following the overthrow of the Hawaiian government in 1893. By State law. OHA is entitled to 20% of the ineome generated from the lease or disposition of ceded lands. But the Attorney General's opinion concludes that Hawaiians are not entitled to any portion of ceded land revenues generated by state airports or harbors. These operations generate millions of dollars in revenue. Kealoha said OHA is considering additional

lawsuits to force the State to include some airport and harbor revenues in the public land trust. This could include the proposed Aloha Tower eomplex whieh is to be built on ceded lands. Kealoha said the State Legislature repeatedly has informed OHA over the last three sessions that OHA must depend on its ceded land entitlements to finance badly needed programs for Hawaiians. "OHA has been placed in an untenable position," he said. Since the State refuses to negotiate, OHA has no ehoiee but to seek justice and our legal entitlements in federal or state court." The Office of Hawaiian Affairs has filed suit against the State administra-

tion in an effort to obtain a 20% interest in a parcel of State-owned land on Molokai. OHA Chairman Joseph Kealoha said this may be the first of a series of lawsuits involving ceded land entitlements. OHA's elaim to the Molokai property results from a lawsuit involving the illegal mining of sand at Papohaku West Molokai. That case was settled in 1982 when the State agreed not to prosecute Molokai Ranch in return for land near Kaunakakai. The sand itself is considered ceded land and OHA contends it therefore is entitled to 20% of the land received by the state in compensation for the sand. OHA's suit followed numerous unsuccessful attempts to reach an out-of-

court agreement with the State. The Ariyosho administration's legal reply to OHA's complaint lists several defenses. They include the elaim that the 1978 constitutional amendment whieh created OHA, and subsequent laws enacted as a result, are themselves unconstitutional. Chairman Kealoha called that asseriion "astounding". He said, "Apparently the Attorney General either is unaware of, or finds it convenient to ignore, a formal opinion issued by his own office. That opinion clearly upholds the constitutionality of the Office of Hawaiian Affairs." The 23-page document is dated July 8, 1980.

Papohako Beach, Moloka'i OHA sues for entitlement.