Ka Wai Ola - Office of Hawaiian Affairs, Volume 9, Number 11, 1 November 1992 — Legislative roundup on Hawaiian issues [ARTICLE]

Legislative roundup on Hawaiian issues

Congress reauthorizes Native Hawaiian Health Care Act, no overthrow apology this session

Will Hawaiian heallh, now among the poorest in Hawai'i, be significantly improved by the stait of the 21st century? The answer could be yes with Congress' extention ofthe Native Hawaiian Health Care Improvement Act through 2001. The Native Hawaiian Health Care īmprovement Act, originally passed in 1988, funds five native health care organizations on six islands. These organizations are dedicated to heallh promotion, disease prevention, and primary health services for those of Hawaiian ancestry. The act also created a statewide umbrella organizaticai, Papa Ola Lokahi, to provide technical assistance. A key feature of the program is that it allows for culturally sensitive and relevant health care services, including the services of traditional native bealers. At this writing it was awaiting the President's signature. Several other pieces of legislation affecting Hawaiians were also passed by Congress this month. They too await the President's signature before becoming law. •ANA reauthorization: Information on the reauthorization of the Native Hawaiian Revolving Loan Fund is expected soon. Presently more than $3 million is supporting 91 new and expanding businesses owned by Hawaiians. •Apologj resolution: The Senate unanimously passed a resolution calling for a fuU apology by the United States to the Hawaiian people for the overthrow of the Hawaiian Monarchy in 1893. However, the resolution, along with 20 - 30 other bills, was blocked by a handful of Republicans in the House of Representatives in the final hours of the Congress. Sen. Akaka plans to reintro-

duce the resolution as soon as the new Congress convenes in January. "I am eonvinced that we wUl be able achieve final passage," Akaka said. •The National Historic Preservation Act was amended to include Native Hawaiians in a review and eommenl process for proposed federal actions that might affect historic and cultural properties. Native Hawaiian organizations are now authorized to enter into memoranda of understanding to spell out their respective roles. This is the role the Native Hawaiian Historic Preservation Council and others have played in the last decade. Native Hawaiian organizations will also be eligible for the consulting roles defmed in the NHPA, as weU as the grant provisions. Since the state Historic Preservation Officer's technical role is maintained, all lands under the jurisdiction of the state will be subject to the authority of native Hawaiian organizations pursuant to any authorized memorandum of understanding. • Native American Language Act: Congress amended this act to include a grant program to ensure the suvival and continuing vitality of native American languages, including Hawaiian. Two mUlion dollars are authorized for FY 93 through the Secretary of the Interior. •Hawaiian Homes Commission Act amended: Congress consented to 11 of the 12 amendments to the Hawaiian Homes Commission Act enacted by the Hawai'i state legislature from 1986 - 1990. These acts serve to clarify and strengthen Uie trust in a number of ways. Five of the amendments simpUfy various funding mechanisms available to the Department of Hawaiian Home Lands.

These amendments range from empowerment to issue state revenue bonds to participation in national enterprise zone initiatives and allowing the department to participate in matching money programs needed to promote housing development. A sixth amendment simplifies the Department' s finances by reducing the number of funds from 15 to seven. Three other amendments resolve longstanding issues of jurisdiction and interest

for previous land exchanges, water development and agricultural developmenL One amendment extends the terms of homestead leases from 99 to 199 years. Another amendment increases the membership of the Hawaiian Homes Commission from eight to nine, adding a second seat for the Western half of the island of Hawai'i. The 1 2th amendment known as the purcontinued page 38

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pose clause was set aside to be analyzed in greater depth. This amendment seeks to clarify the reason for the trust and spells out responsibilities for both state and federal parties. • $10.4 million in federal grant money was approved for Hawai'i programs this session, according to U.S. Rep. Neil Abercrombie. Alu Like is the recipient of $169,895 for urban and rural community eeonomie development and $125,000 from ANA for its Native Hawaiian Youth Entrepreneurship Demonstration ProjecL The state Department of Health received grants amounting to $4.5 million to monitor asbestos in schools, to support immunization programs, Health Care Services in the Home Demonstration Project and to rank significant environmental problems. The City and County of Honolulu was granted $4.7 million from the Department of Housing and Urban Development for decent and affordable rental housing. Other recipients are the University of Hawai'i School of Nursing and School of Public Health, the State Foundation on Culture and the Arts, the Executive Office on Aging, Rehabilitation Hospital of the Pacific, Wai'anae District Health and Hospital Board and Straub Pacific Heahh Foundation. On the state level • Native gathering rights broadened: A landmark ruling by the Third Circuit Court, Hilo division expanded a 1982 ruling allowing native Hawaiians to hunL gather and worship on undeveloped portions of private land regardless of whether they live in that ahupua'a. The historic ruling was made in tbe Pele Defense Fund v. Paty case on the legality of a 1985 land swap enabling geothermal development in Puna. Though the court ruled against PDF, it sent the case back to Circuit Court to determine whether Campbell Estate and geothermal eompanies could prohibit Hawaiian members of PDF from going onto the undeveloped portions to carry out traditional practices. •Right-to-sue: Act 395, enacted in 1988, provides beneficiaries of the Hawaiian Homes Lands the right to sue the state for

breach of trust in state court for wrongful actions after July 1, 1988. Relief is limited to actual damages, excluding noneeonomie damages. Awards must be either in land or money to restore the trust whieh has been breached. No cases have been brought yet. In 1991, the Legislature provided a retroactive remedy for actions occurring between statehood and the enactment of Act 395. The 1991 legislation established a claims panel and process for beneficiaries to resolve individual claims for actual damages arising out of alleged breaches of trust. The panel comprises five members nominated by Hawaiian organizations and confirmed by the state senate. The legislature appropriated over $464,000 for FY '92 for staff, including hearings officers, public information and legal assistance for potential claimants. The Hawaiian Home Lands Individual Claims Review Panel's office is sharing office space with the Regulated Industries Complaints Office at the Campbell Estate Building at Fort Street Mall. It is administratively attached to the Department of Commerce and Consumer Affairs. Melody Kapilialoha MacKenzie serves as executive director. Most recently she was a senior staff attomey at Native Hawaiian Legal Corp. and edited the "Native Hawaiian Rights Handbook." The panel d hopes to hold public hearings on draft rules in December. Copies are available by calling 586-2826. Tbe panel's first report to the legislature is expected in 1993, wiih a final report in 1994. Claimanls must have filed by Aug. 31, 1993, but the panel is authorized to seek a one year extension. •The Governor's Action Plan, approved through concurrent resolution by the Legislature in 1991, addresses 36 areas of controversy regarding the Hawaiian home lands. The plan builds upon the findings and recommendations of the 1983 Federal-State Task Force, as well as several audit reports and congressional oversight hearings. The Legislature appointed an interim joint committee headed by Sen. Malama Solomon to oversee implementation. The plan recommends 62 actions, focusing on

righting wrongful alienalion of land from the trust to private individuals and the subsequent eonōemnaūon of such lands through governmental action, and eompensating the trust for previous public use of Hawaiian home lands set asides through executive orders and proclamations. The Land Claims Task Force, an interagency team, is charged with resolving the land claims in creative ways. Task Force members include the Govemor's Office of State Planning chair, and the departments of the Attorney General, Hawaiian Home Lands and Land and Natural Resources. The first compensation package (Senate Bill 2855, 1992) includes $12 million, to be available in settling back rent owed to DHHL for set aside and use of its lands for public purposes without compensation. The package also included $13.88 million for infrastructure. On the county Ievel • Property tax exemption: Maui County recently enacted ordinance 2095 exempting Hawaiian homestead lessees of residential, farm and pastoral lots from paying property tax on the land. Previously,

lessees were exempt from real property tax for the first seven years after building on the land. Under the new ordinance, lessees are free from tax on the land but still pay tax on any improvements to the land. On Maui there are 560 homestead leases and on Moloka'i 795. Similar legislation is in the works for Hawai'i county. The bill passed the finance committee and all eouneil members have shown support for it. The bill is scheduled for final reading, Nov. 5. The ordinance applies to homestead lessees only. General lessees involving Hawaiian home lands continue to be assessed real property taxes on both land and improvements. An example is the Hilo Airport whieh is built on Hawaiian home lands. There are about 1,732 homestead lessees on the Big Island, including those awarded unimproved lots that will not be able to support housing until infrastructure improvements are completed. On O'ahu, the city eouneil is hearing testimony on bill #53, introduced by John DeSoto, whieh would also exempt homestead use of Hawaiian home lands from real property tax. compiled by Ka Wai Ola O OHA staff