Ka Wai Ola - Office of Hawaiian Affairs, Volume 9, Number 10, 1 October 1992 — OHA Board Business [ARTICLE+ILLUSTRATION]

OHA Board Business

Nā kuleana a ka Papa Kahu Waiwai

by Deborah L. Ward Editor

The Office of Hawaiian Affairs Board of Trustees held their monthly business meeting on Wednesday, Aug. 26 on the island of Lana'i at the Ko'ele Lodge. Present were Chairman Clayton H.W. Hee, presiding, Vice-Chair Abraham Aiona and trustees Moanikeala Akaka, Rowena Akana, Louis Hao, Kamaki Kanahele, Thomas Kaulukukui, Sr. and Moses Keale Sr. Trustee A. Frenchy DeSoto was excused to attend a meeting of the Kaho'olawe Island Conveyance Commission, on whieh she serves. Staff present included OHA administrator Richard Paglinawan, deputy administrator Jerry Walker, land officer Linda Delaney, education officer Rona Rodenhurst, health officer Lorraine Godoy, and Ka Wai Ola O OHA editor Deborah Ward. Guests present included Native Hawaiian Historic Preservation Council chair Lydia Namahana Maioho and eouneil members Charles Keau, Lueille Meyer and Sol Kaopuiki and two news reporters. Minutes of the special board meeting of Aug. 13 were adopted. At that meeting the board voted unanimously to approve up to $30,000 in special funds to conduct an appraisal jointly funded by the Department of Hawaiian Home Lands to determine the public trust entitlements due to OHA and DHHL for the Housing Finance Development Corporation (HFDC) project on land in Lahaina. The trustees also voted to adopt a resolution "Requesting Aug. 21 and 22 be proclaimed days of aeknowledgement that the sacred island of Kaho'olawe is a historically significant plaee of healing."

The correspondence reports of the chairman and administrator were accepted by the trustees. Historic Preservation Council chair Maioho presented to the OHA board the council's just-com-pleted report "Meanings and mitigations: findings and recommendations related with the route of the H-3 Highway and North Halawa Valley Sites." The eouneil, an advisory body to the trustees, was asked by the OHA board to review archeological and cultural evidence on the probable functions of sites 75 and 85 in North Halawa valley, assess the impacts of the current H3 freeway route in the valley and proposed realignment on those two and other sites in the path of the freeway, and to recommend mitigation actions to enhanee the sites' preservation and interpretation. Chairman Hee indicated trustees would need time to read the report and discuss its recommendations in future meetings with eouneil members before any position could be

taken. No vote was taken by the board on the several findings and recommendations contained in the report. On behalf of the board, Hee acknowledged the difficult work of the eouneil. He said he was aware they faced unfounded accusations by other groups of conspiring with the state Department of Transportation. Trustee Kanahele thanked eouneil chair Maioho and the members for "phenomenal" work done. Committee Reports Budget, Finance, Policy & Planning The board approved unanimously a grant of $10,000 from the regular Native Hawaiian Rights Fund matched fund moneys to provide funds for the legal expenses of the Kama family in defense of Ackerman Ranch vs. heirs and assigns of Nahuewai et al. The Kama family is defending its interest in a case involving several small pieces of land on the island of Hawai'i. One condition of the grant is that if the Kama family recovers any money from the case they must reimburse the OHA Native Hawaiian Rights Fund for 50 percent of the grant. The case is unique because the trustees had authorized īn 1989 the Native Hawaiian Legal Corporation to represent the plaintiff Ackerman family in defending family lands īn a case involving Richard Smart and the Parker Ranch.

Education The Trustees selected, by ballot vote, five individuals to serve as directors of the OHA Education Foundation. They are: Alma Henderson, a retired educator; David Peters, a retired administrator; Abraham Piianaia, an educator and retired administrator; Joyce Tsunoda, provost for the University of Hawai'i community college system, and Miehael Chun, president of Kamehameha Schools.

The trustees also unanimously approved articles of incorporation and bylaws for the foundation. The non-profit OHA Education Foundation is being established by OHA "to provide educational assistance to qualified persons of Hawaiian ancestry through programs offering college and postgraduate scholarships, tuition assistance for learning-disabled students and for special educational programs; to support and promote Hawaiian language immersion programs in the schools; and in general to prepare Hawaiians for leadership roles in government, business and community affairs."

Entitlements In an historic vote, the OHA board voted unanimously to ratify the agreement regarding the settlement of entitlements ($111,883,000) owed to OHA by the state of Hawai'i as past-due revenues from the ceded land trust. Attorney Earl Anzai, who represented OHA during the development of the agreement with the state, explained that to arrive at that «figure OHA's auditors (Deloitte & Touche) had to negotiate with the state's auditors (Ernst and Young) to resolve multiple issues, including laek of data for certain parcels, accounting for revenues from ceded and non-ceded lands, and payment to OHA of interest ineome earned on excess revenue. Anzai added that parcels have still to be audited for fiscal 1990 and 1991 and the miscellaneous HFDC lands. Chairman Hee added that OHA wants to resolve a number of remaining issues as quickly as possible. However, he warned that these issues will be more difficult to resolve, for example: patient services revenues at Hilo Hospital whieh he said should not be an exclusion under the law, and interest ineome on ceded land revenue invested by the state.

Trustee Akana asked, "If the Entitlements Committee entered into an agreement with the Office of State Planning and the governor and agreed to the $1 1 1,883,000 without it being ratified by the rest of the board, is that a legal agreement?" Chairman Hee said the committee by vote agreed to that amount and it now needed to be ratified by the full board. Trustees Aiona, Akaka, DeSoto, Hao, Kanahele, Kaulukukui and Keale spoke in favor of the ratification before the vote. Next, the trustees voted unanimously to request that the Office of State Planning inform the Board of Land and Natural Resources of OHA's interest in acquiring the lease of the Waikiki Yacht Club, whieh expires in October 1992; and further of OHA's intent to file a temporary restraining order, if neeessary, to halt the BLNR plan to sell the lease at auction. The Waiklki Yacht Club is one of six parcels being considered by OHA as a draw-down on the ceded land settlement. OHA Relations Committee chair Kamaki continued on page 11

Board business from page 2

Kanahele circulated information to the trustees on work īn progress by the 'Onipa'a Centennial Committee whieh is planning events in January 1993 to commemorate the 100-year anniversary of the overthrow of the Kingdom of Hawai'i. The committee has adopted in its name, "'Onipa'a," (" steadfast" ) whieh was the Queen's motto. The board voted unanimously with Trustee DeSoto excused and Trustees Hee and Keale not present, to approve a request by the Mitsumine USA Retail Company to use the logo of the Office of Hawaiian Affairs for a one-time promotional venture in whieh 50 percent of the profits would go to the OHA Educational Foundation to perpetuate the growth of kalo in Hawai'i.

Mitsumine is an international company with 12 stores in Hawai'i, four in California and 250 stores throughout Japan, Hong Kong and Europe. The company proposed creation of a quality shirt for sale in their outlets, that would use the OHA logo. The logo represents the taro plant connected to the islands of Hawai'i. The shirt design incorporates a message by Rev. Abraham Akaka on the meaning of kalo as the staff of life to Hawaiians. The next business meeting of the OHA Board of Trustees was set for Monday, Oct. 1 on the island of Moloka'i.