Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 4, 1 April 1996 — DIVISION CLOSE UP: LAND AND NATURAL RESOURCES [ARTICLE+ILLUSTRATION]

DIVISION CLOSE UP: LAND AND NATURAL RESOURCES

Fiqhwc; foz mmm iom

reserving the past is noble and m ^very empowering, but most m J Hawaiians live in the here-and-now. They need land to live on 9 and water to nourish that land. They need to be aware of developments that could impact their lives and culture and people who ean advocate on their behalf to affect those developments. OHA's land division addresses these eoncems. Environmental Impacts The land division reviews all environmental documents required for proposed development and determines whether the project will adversely affect Hawaiian eommunities.

Delaney says the assessment documents act as an early warning to OHA about the effect development ean have on Hawaiian health, lifestyles, traditional and cultural practices. The law states that all environmental impact statement documents must be circulated for public comment. These days however, many developers - when they think a project might be of eoneem to OHA - send their environmental documents straight to OHA. "They'd rather get our up-front reaction," explains EIS Planner Lynn Lee. "Otherwise they could find themselves stuck in legal action by OHA halfway through the project." Some of the major actions prompted by EIS reviews include: • litigation to oppose the proposed development of the Ewa Marina as a violation of public trust submerged lands and aquifer integrity • support for the Pai 'ohana and other Hawaiian groups assuring Hawaiian access and gathering rights in the landmark PASH case at Kohanaiki

Na Waiwai o Ke Ao (Geographical Information System)

Knowledge is power. īf you are trying to reclaim land it is critical to know where that land is and what it's used for. Better still, why not have that information eomputerized and easy to access. That's exactly what OHA's Geographical Information System (GIS) is all about. The system collects, analyzes and interprets - alī in digital form - data relative to the vāst land and resource base belonging to the ceded lands trust. This muhiple resources inventory, named Nā Waiwai o Ke Ao, is being deveIoped by OHA land specialist Luis Manrique. It graphically displays multiple databases as a map with many different layers of information, such as topography, soils, climate, crop yields, streams, roads, land use, flora and fauna, cultural sites, and demographic displays. Trustee Kīna'u Kamali'i explains that GIS will be an important part of any land claims process. "When the federal and state governments turn to us and say 'You're right, we stole your land - what do you want?' We'll hand them maps. 'Here, these are the lands we want,' lands that will produce eeonomie opportunity and ineome, provide houses, support agriculture and aquaculture, lands that will sustain our eulture and beliefs." Such data is currently being used to: • substantiate OHA's request for a water reservation from the Waiāhole Ditch and amend current surface stream inflow standards within the Waiāhole watershed. • identify high value lands along the shoreline near Kaunakakai. In addition, OHA is sharing the cost of DLNR's Historic Preservation division to develop a statewide inventory of culturally significant Hawaiian sites. Now in its third year, this GIS database contains thousands of entries that will become the basis for the cultural sites inventory of Nā Waiwai o Ke Ao.

Land Title Project

Since private ownership of land was introduced to Hawai'i by the Māhele, Hawaiians have been steadily losing eontrol of it. Most vulnerable are kuleana land

parcels handed out by Kamehameha III, whieh often slipped into the hands of large private estates and are used for purposes far removed from the original intent of the former Hawaiian king. Often these kuleana takings occurred because Hawaiians could not pay for attorneys to fight adverse possession or quiet title actions. OHA's Land Title Project aims to correct this injustice. Created by OHA in 1982, and run by the Native Hawaiian Legal Corporation (NHLC), the project offers to assist Hawaiians who need legal representation in defending family Iand titles or interest in real property . In the past 14 years the nrr\izir>t h o r ror\ro o q n t n rl

piujuv^i uaa i v^ o v^ n iv_. vj more than 2,500 clients who have recovered land and/or money valued in excess of $20 million. In 1995 OHA supported the project with over $600,000 in matched trust and general fund monies.

Kuleana Escheat

Many of the kuleana land parcels handed out at the time of the Māhele were later lost when surrounding land owners took over the lands through quiet title actions. Often this loss resulted when the kuleana owner died with no heirs or will to convey the property. Unlike other lands, these kuleana passed or escheated to the abutting landowner. Originally intended to restore the kuleana to the neighboring konohiki, escheat resulted in kuleana going to large sugar plantations.

This erosion continued until 1987 when an OHA-sponsored bill was passed by the state Legislature providing that kuleana lands with no heirs revert to OHA. Later amendments to the law required that OHA must be notified and be a party in all quiet title cases involving kuleana lands. As approved by OHA's Board, when OHA gains title to a parcel of land or receives payment for share of a parcel, those assets are put into the OHA Native Hawaiian Rights Fund to assist Hawaiians in future land title Cāses.' Representing OHA in these cases is the law firm of Paul Johnson Park and Niles. Now being heard in the Legislature are additional OHA amendments to the kuleana law requiring a "preponderance of evidence" test for those asserting kuleana ownership through escheat.

Native Hawaiian Advisory Council member Dave Martin confers with taro farmer Kimo Lindsey in Honokōhau Valley about water needs.

Ownership of kuleana parcels in Honokōhau valley

from page 5

The following is a listing of the names of individuals with an interest in the land in Honokōhau valley. Maui Land and Pineapple has filed a

complaint to quiet title 30 kuleana parcels in the upper portion of Honokōhau valley. ^ tTfle' hsx m the result of a geneological and record title research undertaken to deter-

mine ownership. This information was recorded at the Bureau of Conveyances"on October"iL, " 1995. If you are among the persons listed

below, please contact Euniee IshikiKalahele at the Native Hawaiian Legal Corporation (808) 521-2302.

Land Commission Award 5776:1 (Exhibit "G"), a portion of Tax Key 4-1-02 76 Maui Land & Pineapple Company 2/3 interest Alexander Brown Ross 1/15 " Ruby Maile Brown 1/15 " Agnes Kuulei Brown 1/15 " Frances Brown 1/15 " Gladys Leilani Brown 1/15 " Land Commission Award 6137:1 (Exhibit "P"), Tax Key 4-1-02 5 ' ' • " ! ' ~r* ... Maui Land & Pineapple Company 1/2 interest Richard Keohuhu 1/2 " Land Commission Award 6137:2 (Exhibit "Q"), Tax Key 4-1-02 60 Maui Land & Pineapple Company 1/2 interest Richard Keohuhu 1/2 " Land Commission Award 6145G:1 (Exhibit "S"), Tax Key 4-1-05-6

Maui Land & Pineapple Company 31 /50 interest Harry Pali 19/2400 " John Kaia Pali 1 9/1 6800 " Solomon Kuuipo Pali 19/16800 " Lizzie Lopez 1 9/1 6800 " Edward Pali 1 9/1 6800 " Wilhelmina Kuloloia 1 9/1 6800 " Simeon Pali, Jr. 19/16800" Donald K. K. Pali 19/16800 " Vivian Pamat 1 9/1 6800 " Edmund Kaia Pali 19/16800 " Priscilla Lung 19/16800 " Lanee C. Pali 1 9/1 6800 " EhePali 19/16800"

Earl A. Pali 19/16800 " Mercedes N. Marshall 1 9/1 6800 " Randolf Pali 19/21600" John Kaia Pali, Jr. 1 9/21 600 " Deanna Fernandez 1 9/21 600 " Charles Pali 19/21600" Roger Leslie Pali 19/21600" i Geraldine Casil 19/21600" Ronald Le Roy Pali 1 9/21 600" Janet M. Pali Bugarin 19/21600" Alanjane Kenolio 19/21600" Nancy Pali Kama 1 9/2400 " Eliza Pali Mendoza 19/2400" Carrie Freitas 1 9/2400 " Rebecca Davis 1 9/2400 " Emmaline Pali Kiaha 1 9/900 " Luther Pali 19/900" LelandS. Pali 19/3600" Hillary K. Pali 19/3600" Richard M. Pali 19/3600 " Melinda L. Pali 19/3600" Hattie Kainea Manuwa 1 9/3600 " John F. Mathias 19/3600" Rose Loke Yoshizawa 1 9/3600 " Bernice Lola Atwood 1 9/3600 " Ernest Pali Mathias 1 9/3600 " Dorothy Awai 19/3600" Lily Kahelekulani Chai 19/3600" Elizabeth Gonsalves 1 9/3600 " Edward Mathias 19/3600 " Lurline Vasconcellos 1 9/3600 " Jordon Mathias 1 9/3600 " Howard Kawehi Lono 19/18000" Naomi Piilani Lono 19/18000" Annette Kalai 19/18000" Jacqueline Lund 19/18000" Anthony Mahiki Naohi, Jr. 19/18000" Heirs of David Lono 1 9/600 " Heirs of Keanu 1 9/600 "

Heirs of Lily Punohu 1 9/1 200 " Heirs of Mary P. Kamaka 1 9/1 200 " Heirs of David Koa 1 9/600 " Heirs of Keoni 19/600" Heirs of Keliiokekai 1 9/600 "