Ka Wai Ola - Office of Hawaiian Affairs, Volume 6, Number 12, 1 December 1989 — Part 2: Questions, answers on the OHA Blueprint [ARTICLE]

Part 2: Questions, answers on the OHA Blueprint

Ka Wai Ola O OHA continues this month a series of articles that presents answers to questions raised by the community during public information meetings conducted on the OHA Blueprint for Native Hawaiian Entitlements. Part 2 Questions and Answers on the OHA Blueprint for Native Hawaiian Entitlements: Q: What is going to be the process for deciding on the final Blueprint? Are the trustees going to decide or will the people? Based on the comments from people who went to the informational meetings, the trusteesbelieve that it may be best to have a vote on the final Blueprint. Thus, if it is approved by the eommunity, it will be clear to Congress and the state that the Hawaiian community is united and has agreed to the goals and objectives stated in the Blueprint. Q: What happens to the draft blueprint after it is final? The final Blueprint will be used as the basis for legislation and lobbying efforts in Congress and in the state legislature to achieve the goals agreed upon by the Native Hawaiian community and reflected in the Blueprint. Q: What are ceded lands? Ceded lands are lands whieh were ceded (turned over) to the United States when Hawai'i was annexed in 1898. It is estimated that there were about 1.75 million acres. These lands were formerly the government and crown lands under the Kingdom of Hawai'i. When Hawai'i became a state in 1959, most ceded lands were turned over to the state, but the federal government kept almost 400,000 acres. In the draft Blueprint, state ceded lands refers to the lands turned over to the state in 1959. Q: What lands does the federal government have; what lands should be returned? In 1959, when Hawai'i became a state, the federal government retained almost 400,000 acres of ceded lands, primarily as national parks and for military purposes. Portions of these lands should be returned and if they cannot be returned, other lands of comparable value should be acquired and transferred to the Native Hawaiian people by the federal government. At this time, we don't know whieh federal lands should be returned. OHA has compiled a list of federal lands, both ceded lands and lands held in fee simple acquired by the federal government. It is OHA's hope that the Native Hawaiian people will determine whieh lands are most important, valuable and necessary. Those are the lands that should be returned.

The federal govemment could continue to use the lands by negotiating leases with the Native Hawaiian self-governing entity. The draft Blueprint also proposes that title to the national parks in Hawai'i be retumed but that the National Park Service continue to manage the parks. It is important to remember that Hawaiians have a elaim to all of the federal ceded lands, but it is unrealistic to expect all lands to be retumed. Q: How mueh ceded land does the state have; how mueh shouId be returned to Native Hawaiians? The state has approximately 1.35 million acres of ceded land. About 188,000 acres is Hawaiian Home Lands. At this time, we don't know the exact number of acres or loeahon of state ceded lands whieh should be returned. The Native Hawaiian people must determine whieh state ceded lands are most important, valuable and necessary. Those are the lands that should be returned. Q: What about Hawaiian Home Lands? Shouldn't the Home Lands program be reformed first before it becomes a part of any self-governing mechanism? Hawaiian Home Lands should be an integral part of any self-goveming entity. Native Hawaiians should make their own decisions about Hawaiian Home Lands and the Hawaiian Home Lands program. If we wait for the Hawaiian Home Lands to be a perfect program and totally "reformed" or "rehabilitated" the program may never be ready for self-goveming status. When the Home Lands program becomes part of a self-governing entity neither the state nor federal governments will be absolved of their continuing trust responsibility. The draft Blueprint anticipates a continuation and strengthening of that trust responsibility. It should also be made clear that the rights of current beneficiaries and qualified beneficiaries on the waiting list must be protected and eannoi be diminished should it become part of a self-governing mechanism. Q: What is "beneficial trust title"? "Beneficial trust title" is a legal phrase indicating a relationship similar to full fee simple ownership, but recognizing that the trust lands cannot be sold, given, or alienated to non-Native Hawaiians. Q: What are submerged lands and offshore waters? What is the exclusive eeonomie zone? What elaim do Native Hawaiians have to these areas? Why is OHA only claiming half of the resources in this area?

The Hawaiian Kingdom was sovereign over offshore waters and resources at the time of the overthrow. Native Hawaiians are entitled to participate in harvesting the resources from a preferred position because of this wrongful taking. The exclusive eeonomie zone is defined as a 200-mile area surrounding our islands. Thus, this is a very large area since the elaim here takes in the entire Hawaiian Archipelago and Johnston Island. The elaim to half the resources is based on a U.S. Supreme Court case, U.S. vs. Washington, in whieh Indian tribes in the Northwest were awarded the right to harvest half the salmon resource based on interpretation of treaty rights. Q: How mueh money should the federal government give to Native Hawaiians? That cannot be determined at this time. It will depend upon how mueh land is returned by the federal government to the Native Hawaiian selfgoveming entity. In the past, amounts such as a billion dollars have been suggested and other native people have received equally large settlements. Q: Why does the Blueprint talk about native rights? The provision on native rights makes sure that native rights are preserved. Native rights should not be relinquished, given up, or extinguished in order to settle the Native Hawaiian elaim for land and self-govemance, nor should future claims be affected. Q: Will Native Hawaiians still pay state and federal taxes? For the most part, Native Hawaiians will continue to pay state and federal taxes. However, Native Hawaiians will not pay any taxes on lands, monies or resources returned under the Blueprint or on ineome generated by these lands, monies or resources. For instance, a Native Hawaiian owning private property and working for a private company will still pay real property tax and ineome tax. But a Native Hawaiian will not pay taxes for selling produce grown and sold on ceded lands returned to the Native Hawaiian self-governing entity and will not pay real property taxes on such trust lands. Q: Is Operation 'Ohana related to enrollment for voting for the self-governing entity? Operation 'Ohana is aimed at getting good solid information on and identifying Native Hawaiians. The information gathered eventually will be used as a basis for enrollment. However, signing up for Operation 'Ohana is not automatic enrollment for benefits, lands, and monies or voting for the selfgoveming entity. To be continued.