Ka Wai Ola - Office of Hawaiian Affairs, Volume 7, Number 3, 1 March 1990 Edition 02 — Chronology of Events Leading to Agreement [ARTICLE]

Chronology of Events Leading to Agreement

1898 Hawai'i was anncxed by the United States. The Joint Resolution of Annexation stated that all formerly public, crown and government lands, originally belonging to the Kingdom of Hawai'i, be transferred or "ceded" to the United States Govemment as a stipulation of American annexation of the Islands. These lands were to be held in trust for use by the people of Hawai'i. 1900 The Organic Act provided that the Territory of Hawai'i would retain control of the ceded lands. The Organic Act allowed certain parcels to be formally "set aside" for the United States by either the govemor's or president's Executive Order. 1920 The Hawaiian Homes Commission Act was enacted. It officially recognized the trust obligations contained within the ceded lands, and put aside 200,000 acres of these lands for direct use by native Hawaiians. This act includes the first legal reference to a two-tier definition of Hawaiian, crafted by non-Hawaiian sugar interests in an effort to prevent homesteading on cultivated sugar lands. 1959 When Hawai'i was admitted as a state, the federal govemment retumed to the State of Hawai'i ownership and trust obligations of all but about 400,000 acres of ceded lands it formerly held. 1978 No action had yet been taken on the trust obligation dating back to annexation until the state Con-

stitutional Convention of 1978. It called for amendments to the state constitution that would recognize that "ceded" lands were held as a public trust for native Hawaiians, and the general public, and specified that Hawaiians were to receive a pro rata share of the trust "for the betterment of conditions of native Hawaiians." These amendments were passed by a vote of all the people of Hawai'i. A series of state constitutional amendments, and subsequent enabling legislation, adopted in 1978 - 80, also established the Office of Hawaiian Affairs and recognized OHA's trust entitlement. The trust stipulates that OHA is entitled to the trust revenues and, as the official agency of the Hawaiian people, shall "secure for native Hawaiians a pro rata portion of the public land tmst and offer representation for all Hawaiians." 1980 A pro rata portion of the trust designated for native Hawaiians was set at 20 percent by the state Legislature and entrusted to OHA to be used for "the betterment of conditions of native Hawaiians." 1983 The State Attomey General ruled that ceded lands transferred to the Department of Transportation for airport use are exempt from the OHA land tmst (because the parcels were transferred and not sold) and therefore, OHA is not entitled to revenues from airports and harbors. When meetings with the D0T disintegrated, OHA decided to sue the Department of T ransportation for noneomplianee to the 20 percent share of ceded land revenues owed OHA from airports and harbors.

1985 The Hawai'i Circuit Court mled that, despite objections by the Attomey General, OHA was indeed entitled to sue for its 20 percent share of ceded land revenues from airports and harbors. 1987 The Hawai'i Supreme Court ruled that the dispute between OHA and the DOT was a political matterfor the legislature to resolve, since it had implemented the pro rata entitlement but left unclear its full application. The U.S. Supreme Court in October declined to review the decision of the State Supreme Court without comment. 1988 The legislature responded to the court ruling by adopting the "Right-to-Sue" bill. OHA trustees formed an ad hoe committee on ceded land entitlements to begin negotiations with the govemor's team, whieh were ongoing until the settlement was reached. 1990 The Office of Hawaiian Affairs and Hawai'i Govemor John Waihee publicly announced a tentative agreement for past ineome due OHA under provisions of the state constitution. The agreement, whieh must be ratified by the legislature, clarifies the provisions of Chapter 10 of the Hawai'i Revised Statutes. The total amount of past-due ineome due OHA for native Hawaiians is to be calculated by the state Department of Budget and Finance. The agreement also sets the amount of ineome due OHA for fiscal year 1990-91 at $8.5 million.