Ka Wai Ola - Office of Hawaiian Affairs, Volume 14, Number 2, 1 February 1997 — Hawaiian funding headed for legislative battle [ARTICLE]

Hawaiian funding headed for legislative battle

by Deborah Ward How wiU Hawaiian entitlements and funding for Hawaiian programs fare in the 1997 legislative session, whieh legislators, Hawaiian agency leaders and community members are caUing "a critical year for Hawaiian issues"? With the state stiU experiencing an eeonomie crunch, Hawaiian issues involving money, particularly the ceded lands, will be pitted against other "heavy-hitters" — such as no-fault auto insurance, Hawaii's business climate; reforming the "high three" legislators' pension system; anti-crime

measures; long-term health care and welfare reform. Hawaiian agencies, OHA in particular, meanwhUe are gearing up for yet another frontal attack on continued funding from the ceded land trust, led by the Cayetano administration. Senate majority co-leaders Mike McCartney and Les Ihara say they're committed to resolving the top issues "in a collaborative fashion with the various deci-sion-makers, stake holders and the people of Hawai'i." Senate Water, Land and

Hawaiian Affairs co-chair Mālama Solomon said the Senate traditionally has taken a proHawaiian stance regarding broadly-defined funding for Hawaiian entitlements. "I'm holding fast to that position as co-chair of the eommittee. It' s not going to be easy because of the fiscal straits the state is in., " she said. She noted that a change in players in the Legislature brings different perspectives today to Hawaiian issues, than in the 1980s when Solomon was one of several Hawaiian legislators who actively participated in defining ceded land entitlements for native Hawaiians. Now, "the Cayetano administrar y Y tion is looking at it very narrow-

ly," Solomon said. "It's how you believe. If you beUeve there were injustices, then the amount to be paid is not excessive. I believe there are entitlements that the Hawaiians are to be paid. It's what's owed. Other eolleagues have a different perspective." Solomon said. "Then there is the issue of fairness. What is fair? The law dictates what is fair." Solomon said, "When the Hawaiians benefit, the whole eommunity benefits. But the Hawaiian continued page 7

"lt's how you believe, lfyou beiieve there were injustices, then the amount to be paid is not excessive. . . — Mōlama Solomon

Legislative battle iooms for Hawaiian funding, from page 1

community has taken their issues out of the political mainstream. That's why Hawaiian issues have been so vulnerable. That makes my job real difficult." She said Hawaiians should be also concerned about and active in other issues, including the 1998 state constitutional convention, whieh will have "a lot to do" with issues Hawaiians are concerned about. Members of the Water, Land and Hawaiian Affairs committee include: co-chair Randy Iwase, Rosalyn Baker, Carol Fukunaga, David Ige, Joe Tanaka, Brian Taniguchi and Whitney Anderson. In the House, Hawaiian Affairs committee chairman Ed Case notes that his subject matter committee has four weeks and seven hearing days ahead to deal with major Hawaiian issues that include: payments from the ceded lands revenues to Office of Hawaiian Affairs, future actions to support Hawaiian sovereignty after last year' s Native Hawaiian Vote, and payments to individual claimants for past breaches of the Hawaiian Home Lands trust. In-depth hearings are planned on these matters and critical questions are being raised. At an informationaI briefing held last month, the four-member committee heard from Hawaiian organizations and others on issues of top eoncern to the Hawaiian community and how the Legislature should address

these matters. Serving with Case on the Hawaian Affairs committee are \ ice-chairman Nathan Suzuki, Quentin Kawananakoa and Brian Yamane. OHA Administrator Linda Colburn said that Hawaiians remain at the top, or nearly so, in every category of health risk and social disadvantage, whether in employment, eeonomie and social welfare, housing and education. She said OHA has "been deluged" with increased requests for assistance from beneficiaries who have experi-

eneed reductions in numerous public services. Yet at the same time, she said, the Legislature has systematically reduced OHA's funding from general funds. "These cut-backs in general funds ... increase the importance of a stable stream of trust funds whieh OHA receives from a pro rata share of revenues generated from the public land trust. But this source of trust revenues is also under attack by the Legislature. In recent years there have been numerous attempts to divert the Hawaian trust fund entitlement into programs mandated by the Legislature, or to reduce the total amount transferred to OHA eaeh year. This attitude amazes us when you consider it has taken years of efffort and finally the threat of lawsuits, to move the state to the point where it has begun to pay the amount due to native Hawaiians."' Colburn said that OHA's priority list for legislative action includes: • implentation of an effective state accounting procedure to ensure aeeurate payments of ceded land entitlements • inclusion of the 20 percent allocation due to native Hawaiians in the state's negotiations for new or renewed leases; • reaffirmation and continuation of the 20 percent pro rata share

to OHA from Act 304; • establishment of an audit mechanism to permit OHA and the state to verify its lease agreements; • development of a process to ensure timely payment of ceded land entitlements; and • establishment of an arrangement provid-

ing for dispute resolution regarding the Hawaian entitlement without entering into expensive and time-con-suming litigation. Colburn also urged the legislators to address: • initiating payments to DHHL on the 1995 settlement for $600 million for past breaches of the Hawaiian Home Lands trust; • legislative efforts to attempt to mandate that OHA fund all "Hawaiian" programs or projects, such as projects and programs of Dept. of Human Services, the Hawaii Housing Authority, public school construction, development of farm and home ownership; making public improvements and providing public lands for public use, etc. • addressing problems associated with the OHA election process. • greater funding support for eommu-nity-based eeonomie development. Association of Hawaiian Civic Clubs former president Jalna Keala said the clubs support a moratorium on sale or lease of ceded lands pending the outcome of the state's appeal to the Hawai'i Supreme Court on ceded land revenue payments to OHA. Keala noted that just compensation could be made in a mixture of money, land, and

in-kind services for Hawaiians (such as hospital/medical care, free A-plus programs, housing assistance through HFDC for part-Hawaiians; immersion programs, kupuna programs, student tuition waivers at University of Hawai'i. Hui Na'auao, a sovereignty education coalition of 40 organizations, is requesting an appropriation of $175,000 for a two-year educational project on models of sovereignty to educate Hawaiians and future delegates to a Hawaiian constitutional eonvention. Ka Lāhui Hawai'i called for a legislative audit of OHA, and supported university tuition waivers, and Hawaiian immersion programs for children. The Papa Ola Lōkahi health eonsortium called for state policies to be reviewed to clarify what is the state's trust relationship to native Hawaiian health since state budget cuts affect Hawaiian populations most often. Others said they would oppose any effort by the Legislature to fund or take an active role in supporting Hawaiian sovereignty initiatives "by any one group." They said the puwalu scheduled on Feb. 8 at Kualoa Park provides that opportunity.

k* W*i OU 0 OHA