Ka Wai Ola - Office of Hawaiian Affairs, Volume 4, Number 7, 1 July 1987 — Mai Wakinekona [ARTICLE+ILLUSTRATION]

Mai Wakinekona

By Larry Kamakawiwo ole Federal Liaison Officer I

OHA anā Ināian Law Conference

The Office of Hawaiian Affairs and several other people from Hawaii participated in the 12th Annual Indian Law Conference held in Apnl at the Hyatt Regency Hotel in Phoenix, Ariz. lt was presented by the lndian Law Committee of the Federal Bar Association. Mililani Trask, counsel to

the OHA Administrator, and this writer participated on a panel called Native Hawaiians Under Federal Law — an introduction to issues affecting Native Hawaiians, their lands and their status. Paul Alexander of the law firm of Alexander and Karshmer in Washington, D.C. who is legislative consultant for the Kamehameha Schools./Bishop Estate, served as moderator and gave an overview of the Federal-Native Hawaiian relationship. Other panelists included:

• Melody MacKenzie, senior attorney of the Native Hawaiian Legal Corporation, who spoke on native Hawaiian land system and land claims. • Joseph Gebhardt of the law office of Dobrovier and Gebhardt, gave a summary of pertinent litigation of Hawaiian cases. • Sherlyn Franklin, assistant to the president of the Kamehameha Schools, explained the current status of native Hawaiians. • Trask presented a summary of the Federal/State roles and responsibilities in enforcing native Hawaiian trusts and current OHA lawsuits. • Your Federal Liaison Officer spoke about the

framers' intent (1978 Constitutional Convention delegates) in the creation of OHA and the agency's constitutionality. The conference covered a wide range of topics including updates on legislation and litigation on Indian issues, housing in Indian country, 1991 Alaska Native Corporations, protecting environmental quality on Indian reservations and negotiation in plaee of litigation in tribal-state relations. Hawaii Congressman Daniel K. Akaka, who was the luneheon speaker on the second day of the conference, talked about lndian-Hawaiian similarities in history and culture. The Hawaiian panel was well received and many people asked lots of questions.

S. 887, 01der Americans Act of 1987. Senator Spark M. Matsunaga on Mar. 31 introduced this measure whieh was referred to the Committee on Labor and Human Resources. The Act includes reauthorization for the Federal Council on the Aging, state and community programs on aging, nutrition services, commodities program, training research and discretionary programs and community services employment program. Matsunaga's Subcommittee on Aging of the Committee on Labor and Human Resources on Apr. 23 held its second hearing on the reauthorization of the Act's services to minorities. Winona Rubin, director of the Hawaii State Department of Social Services and Housing, submitted written testimony. Iwalani Minton, federal liaison for E Ola Mau, was asked by Mrs. Rubin to testify on her behalf. Title III services of the Act targets older Americans with the greatest eeonomie or social needs, with particular attention given to low ineome minority individuals. Mrs. Rubin's written testimony contained severai recommendations, including: • A requirement for minority representation on councils to be in proportion to the minority's representation in the total population of the areaserved by a eouneil. Thus, Hawaiians are not represented proportionate to their population (e.g., Hawaiians are 19 percent of the state population and nine percent of those persons 60 plus years and older.) • Allowing for flexibility in hiring personnel who will ensure that the Act focuses on serving persons with the greatest eeonomie need and the greatest social need in a culturally sensitive manner. • Consideration of a provision in the Act whieh will provide specific resources for native Hawaiians as native Americans.

Mililani Trask, Honolulu attorney and administrative counsel to the Office of Hawaiian Affairs, addresses lndian law conference in Phoenix, Ariz. To her right with hands to ehin is Melody MacKenzie, senior attorney with the Native Hawaiian Legal Corporation.