Ka Wai Ola - Office of Hawaiian Affairs, Volume 14, Number 4, 1 April 1997 — OHA opposes HB 2207 [ARTICLE]

OHA opposes HB 2207

HB 2207 alleges to resolve a legal ruling by Circuit Court Judge Daniel Heely that would increase Hawaiians' share of ceded land revenues. It also claims to "clarify" Act 304, a 1990 law, reduce "controversy" and to begin dealing with ceded land issues in a comprehensive way. But in fact, it does the opposite: it slashes Hawaiians' share of ceded land revenues; invalidating the letter and intent of Act 304; and creating a host of vague new definitions and divisions that could only be resolved in future lawsuits. OHA's specific objections include:

Inventory ofpublic lands. A comprehensive inventory is necessary, but the highly specific language of the bill hints at an equally specific outcome that the authors wish of the rySome required elements hint at preemption of future challenges, such as whether lands wprp "spt aside bv thp

governor for certain purposes." It would appear the Legislature is attempting to register their intent to

» exempt lands that are so set aside. Changes in the definition of puhlie land trust. HB 2207 creates gaps between the statutory definition, the Admission Act definition, and the Constitutional definition. It redefines the public land trust as merely the lands that are in the DLNR inventory. What if certain ceded lands are left out? Or excluded for reasons of "policy"? Exclusion of specific ceded land ineome. The ineome categories that HB 2207 attempts to exclude go far beyond the disputed issues in the Heely decision. The Legislature cannot hide behind the excuse that it is merely reacting to

the lawsuit. Incidental rental of public facilities (what does "incidental" mean?), non-patient hospital revenue, recreational uses (including professional sports events?), and all airport and harbor receipts are exclusions that set new policy, and violate existing agreements. Retrnactivitv . Makinp-

retroactive exclusions of ceded lands revenue is a highly irregular procedure, similar in spirit and outcome to a retroactive tax increase.

Do the bill's authors expect OHA to "unspend" its programs for the better part of the last decade? Are beneficiaries of OHA grants, housing loans, scholarships, business start-ups, and community infrastructure expected to return their diplomas, sell their homes and close their businesses? Trustee A. Frenchy DeSoto called HB 2207 "an insult to Hawaiians, and a slap in the face to the spirit of cooperation and fairness OHA brought to the Legislature. We have presented eonstructive proposals...We're ready to sit down anytime and talk. HB 2207 ignores all these efforts. We've proven we ean win this in the courts. But as a state we shouldn't have to rely on the courts to force us to do the right thing." Trustee Abraham Aiona called the bill "flawed legislation, an arrogant attempt to rewrite history, rewrite law, and rewrite the State Constitution. Hawaii voters know that Hawaiians have been treated unfairly, that the state is not keeping its promises to Hawaiians, and they will not support this measure."

ihp ih tAc (ac€ to tAc *pi*it o( eoopo Atl0H..." Trustee A. Frenchy DeSoto

Who to call ABOUT 2207 Water, Land, & Hawaiian Affairs Randy lwase, Chair 586-6740 voice 586-6829 fax Malama Solomon, Chair 586-6940 voice 586-6939 fax Rosalyn Baker 586-6070 voice 586-6071 fax Carol Fukunaga 586-6890 voice 586-6899 fax David lge 586-6230 voice 586-6231 fax Joe īanaka 586-71 10 volce 586-71 19 fax Brian Taniguchi 586-6460 voice 586-6461 fax Whitney Anderson 586-6840 voice 586-6839 fax

Ways and Means Lehua Fernandez Salllng, Co-chair 586-6850 voice 586-6799 Carol Fukunaga, Co-chair 586-6890 V0ice 586-6899 fax Marshall lge 586-9405 voice 586-9410 fax Les lhara 586-6250 voice 586-6251 fax Randy lwase 586-6740 voice 586-6829 fax Cal Kawamoto 586-6970 voice 586-6879 fax Andrew Levin 586-6760 voice 586-6689 fax Rod Tam 586-6450 voice 586-6451 fax Joe Tanaka 586-71 10 voice 586-71 19 fax Brian Taniguchi 586-6460 voice 586-6461 fax Whitney Anderson 586-6840 voice 586-6839 fax