Ka Wai Ola - Office of Hawaiian Affairs, Volume 5, Number 7, 1 July 1988 — OHA Board Business [ARTICLE]

OHA Board Business

By Edward Miehelman Public Information Officer

The May 21 meeting of the Office of Hawaiian Affairs Board of T rustees on Hawai'i was held in the Hawai'i County Council Room in Hilo. A number of important policy decisions resulted. Reparations Contract The Board entered into an agreement with Attorney Jon Van Dyke, a highly respected expert on constitutional law, and the Native Hawaiian Legal Corporation (NHLC), to research and draft a reparations bill to be introduced into the U. S. Congress. Among concerns to be addressed are: 1. Se!f-determination and self-sufficiency 2. Protecting native rights 3. Preserving traditional culture 4. Title to a land base 5. Revenues 6. A perpetual royalty from the State of Hawaii revenues 7. A perpetual royalty from the Federal Government resource revenues (related to federal activities in Hawai'i) 8. Protection for Hawaiian-owned lands from adverse possession 9. Tax exemptions for lands in trust 10. Right to sue the U. S. government 11. Terms to amend the reparations act The agreement also calls for Van Dyke and NHLC to update and revise justification and supporting documentation as well as to develop a plan and budget to secure reparations. The $55,000 contract requires completion of all work by October 30, 1988. Among purposes of OHA as set forth in state law, is "serving as a receptacle for reparations" from the federal government. Right to Sue Legislation Trustees reaffirmed their support of right-to-sue legislation passed by the last session of the Hawaii State Legislature. The Board adopted a statement saying, in part, "While this legislation is not perfect . . . we strongly support this bill as a major and significant first step in insuring the integrity of our Native Hawaiian trusts." The statement noted that, of the seven concerns voiced by OHA in connection with the original right-to-sue proposal, the final bill incorporates six out of OHA's seven recommendations.

Memorandum of Agreement with the Office of the Lieutenant Governor The Board ratified an agreement between OHA and the Lieutenant Governor's Office. The document formalizes a working relationship between the two offices to promote voter registration and participation of the Hawaiian community throughout the State in the electoral process. "Support for Independence of the Tahitian People from France and a Halt to the Bombing

of the islands of Moruroa and Fangataufa" A motion was adopted to approve an expression of support for both issues. The subject was referred back to the External Affairs Committee to draft a formal resolution. The motion for support was originated by Trustee Moanikeala Akaka. Chairperson Moses K. Keale Sr. voted against the proposal. Plebiscite to Create a Single Class of Native Hawaiian Beneficiaries with Regard to Benefits of the OHA Trust. The Board adopted a resolution to conduct a plebiscite in order to determine whether every person of Hawaiian blood "shall have the right to enjoy the benefits of the assets managed by the Office of Hawaiian Affairs as provided by policies of the Board of T rustees of the Office of Hawaiian Affairs. The term, 'Native Hawaiian' shall mean all descendants of the indigenous people inhabiting the Hawaiian Islands previous to 1778." All qualified voters of Hawaiian ancestry will be entitled to participate in the plebiscite. The resolution was brought before the Board in Hilo on the recommendation of OHA's Ad Hoe Committee on Ceded Land Entitlement, chaired by Trustee Rodney Keali'imahiai Burgess III. The plebiscite is expected to be held in eonneetion with the OHA election this November. The results will apply only to OHA and will not affect the Hawaiian Homes program. The resolution notes that the present blood quantum definition of native Hawaiian has divided the Hawaiian community and is contrary to Native Hawaiian culture and tradition. It also states that the blood quantum restrictions were developed and approved by those with no native Hawaiian blood. The language adopted by the Board recognizes that native Hawaiians with 50 percent or more Hawaiian blood may have social and eeonomie needs greater than the general Hawaiian eommunity. Accordingly, provision is made for the establishment of policies giving priority to that group. A statement issued on behalf of the Board of Trustees called the plebiscite "a major step in selfdetermination for the Hawaiian people." "For the first time in history," the statement said, "voters of Hawaiian ancestry will be given the opportunity to determine for themselves who shall be considered Hawaiian in eonneehon with benefits provided by the Office of Hawaiian Affairs." If the single beneficiary class is adopted, the resolution calls on OHA to take all necessary implementary action. The June meeting of the Board took plaee on the 25th on Mau'i. A report on action taken at that meeting will be in next month's Ka Wai Ola O OHA.