Ka Wai Ola - Office of Hawaiian Affairs, 1 January 1984 — 1984 LEGISLATURE AND OHA [ARTICLE]

1984 LEGISLATURE AND OHA

The 1984 Legislature will probably be the most important session OHA has faced since its creation. This forecast is based on the fact that the Legislative Auditor will submit to the 1984 Legislature its final findings and recommendations on the OHA trust particularly as it applies to ceded lands whieh are managed and controlled by the Department of Transportation. Over the past three years, OHA and the Ariyoshi Administration have been at odds as to whether airport and harbor lands should be included in the OHA Trust. As a consequence, mueh attention will focus on the Legislative Auditor's report whieh is generally viewed as the first impartial attempt to address a problem that could have a polarizing effect on Hawaii's "melting pot" if it is not handled with sensitivity. OHA trustees have placed a high priority on developing strategies to address any actions that may stem from the Legislative Auditor's report. However, it is hoped that the report

will bring clarity and reason to the ceded land controversy and lead to meaningful discussions between OHA and the Ariyoshi administration. Because OHA's trust corpus, ceded land revenues, is considered to be the lifeline to the advancement of our beneficiaries, the trustees have decided to limit their 1984 legislative program to carry-over bills and resolutions that were tabled in 1983, and to limit the introduction of new legislative actions. This approach, in effect, will allow OHA's limited resources to be available and ready to respond to any legislative inquiry or adverse lobby effort that may affect the OHA trust. The following includes a brief description of the carry. over bills, and new legislative actions that were approved by the trustees: Carry Over Bills 1. SB 615 relating to Historic Preservation - the purpose of this bill was to establish statutory minimum requirements for archaeo!ogical

reconnaissance survey. 2. SB 618 relating to OHA Trustees - this bill would enable the Board of Trustees to render technical, Einaneial and advisory assistance to individuals as well as to agencies and private organizations. 3. SB 721 relating to OHA - this bill intended to exempt OHA from certain provisions of Hawaii Revised Statutes would have allowed OHA, as a body corporate, to enter into joint ventures with private business organizations. 4. SB 924 relating to OHA - the purpose of this bill was to include in the general duties of the Board of Trustees the responsibility to coordinate federal, state and county activities relating to Hawaiians and Native Hawaiians with DHHL and Hawaiian organizations receiving state funds and any other appropriate agencies through the establishment of a joint memorandum of agreement.

5. HB 1207 relating to Public Funds and the Public Trust - the Constitution requires that lands conveyed to the State by the Admission Act shall be held by the State as a public trust and that a pro rata portion of the ineome and proceeds from the trust shall be managed and administered by OHA. By including lands conveyed by Public Law 88-233, this bill brings Chapter 10 into conformity with the Constitution. New legislative actions: 1. Qualifications of OHA Voters - the purpose of this measure is to enable OHA trustees to establish voter qualifications for OHA elections. 2. Lands Held in Trust by OHA for a Fixed Term - the purpose of this measure is to enalile individuals to receive a tax benefit for lands transferred to OHA in trust for a period of 5 years or more. In addition, OHA intends to present

its findings and recommendations to the legislature resulting from the following resolutions adopted by the legislature in 1983: 1 . Senate Resolution 90 - the purpose of this resolution is to request that the State Historic Office, in eonjunction with OHA, coordinate the formation of a special task force to undertake a thorough study of the State Historic Preservation Act and to make recommendations for revision of this law and to establish criteria for proposed legislation. OHA's Culture Committee has initiated the formation of such a task force and intends to submit its recommendation, despite DLNR's reluctance to participate in the task force. 2. Senate Resolution 58 - the purpose of this resolution is to request the Department of Land and Natural Resources to prepare a status report on the development of Kahana Valley as a "living park".

The resolution requires DLNR to consult with OHA and DHHL in the preparatio'n of its report to the legislature whieh will include recommendations on what direction the development of Kahana should be. OHA's Resource Development Committee has met with the residents of Kahana Valley and is preparing a position statement for presentation to the legislature in cooperation with the Kahana residents. 3. Senate Resolution 39 - the purpose of this resolution is to require OHA and DHHL to establish an advisory group to formulate a eomprehensive, coordinated plan for Native Hawaiian services and to submit to the legislature the findings and recommendations of the advisory group. The matter is currently before OHA's Planning and Development Committee.