Ka Wai Ola - Office of Hawaiian Affairs, Volume 14, Number 7, 1 July 1997 — Page 14 Advertisements Column 2 [ADVERTISEMENT]

The Next Steps For Ceded Lands Issues

The 1 997 Legislature may be over, but the coming year will bring continued activity on ceded lands issues. "But whether or not this activity is progress toward enduring justice for Hawaiians remains to be seen," says OHA Trustee Moses Keale. The next steps for ceded lands issues include: Signing H.B. 2207 into law. House Bill 2207, Conference Draft 1, was passed by unanimous decisions in both the House and Senate. It is now before Governor Cayetano to sign into law. The measure provides guaranteed funding of $15.1 million for eaeh of the next two ftscal years, initiates a comprehensive ceded lands inventory, and establishes an eight-member panel to develop future payment options for the use of ceded lands. Appealing the FAA ruling on payment for ceded lands. A recent FAA ruling states that using moneys from the Airport Improvements Fund to reimburse Hawaiians for the use of ceded lands at state airports is not permissible, despite its obvious eonnection to airport operations. Several state lawmakers have called on Attorney General Margery Bronster to challenge the FAA ruling. Similar past appeals, in Hawai'i and other states, have been successful. Securing the $9.9 million being withheld by the State from airport landing fees. Since June of last year, the State has been placing scheduled payments to OHA from airport landing fees in escrow, pending the resolution of an FAA dispute. Under state law, payment is due OHA for such use, regardless of the State's dispute with the FAA.

Settlement of the Heely Decision. Last July, Circuit Court Judge Daniel Heely ruled that Hawaiians shouId be paid a larger amount from several uses of ceded lands. The State has appealed the ruling to the Hawai'i Supreme Court. The case may be settled there, but more likely will be finally resolved in negotiations between OHA and the State. OHA has already stated its willingness to enter such negotiations. Conducting a comprehensive ceded lands inventory. H.B. 2207 directs that a comprehensive ceded lands inventory be completed in the next two years. OHA and others have asked for such an inventory for more than a decade; the survey will help determine where ceded lands are located, how they are being used, and what revenues they are producing. Funding for the inventory is being shared by the State, OHA and the Department of Hawaiian Home Lands. Estabiishment of a ceded lands panel. H.B. 2207 also directs the creation of an eight-member panel to explore future options to share ceded lands revenues with Hawaiians as required by the Statehood Act, the State Constitution and state law. The panel will include two nominees eaeh from the Governor, the State Senate, the State House and the Office of Hawaiian Affairs. "Clearly there is mueh work ahead," says OHA Trustee Colette Machado. "Although some might use these issues to divide our community, OHA believes that settling these issues ean help bind us together. We remain dedicated to a fair and reasonable resolution for all."

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