Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 1, 1 January 2002 — CEDED LANDS [ARTICLE+ILLUSTRATION]

CEDED LANDS

By Naomi Sodetani

SEN. HANABUSA: Full settlement prospects poor in 2001 session

Critical issues impacting Hawaiians, such as negotiating Hawaiian claims over ceded lands with the state, will have a "very difficult go" at finding relief or closure with the2002 Legislature, according to Senator Colleen Hanabusa (D), 21st District, Kalaeloa to Mākaha, An "interim solution" addressing OHA revenue payments is workable this session, but OHA needs to "define its role" in order for a complete ceded lands settlement to occur, she said, KWO recently met with Hanabusa, the Senate Vice President and ViceChair of Ways and Means, to hear her frank prognosis on how Hawaiian

issues will fare this legislative session, Sen, Hanabusa is well respected by her peers and regarded by Hawaiians as a smart, well-organized and politically courageous legislator who tackles tough issues, Hanabusa, who formerly chaired Water, Land and Hawaiian Affairs (recently reorganized into two separate committees), remains a key member of the Hawaiian Affairs committee; Sen, Jonathan Chun (DKaua'i) is the new chair, Hanabusa also sits on the Judiciary, and Labor and Agriculture committees, "The most pressing issue for this session is reaching agreement on the amount of monies due to OHA in the interim," Hanabusa stressed, On Sept, 12 the state Supreme Court

reversed the Heely decision, Justices cited conflicting federal and state laws in Act 304, that computed landsderived revenues owed Hawaiians, OHA received its last state payment from ceded lands-derived revenues in June 2001. This session, OHA is proposing a "new Act 304" with a new method of computing land-derived revenues that reinstates OHA funding according to the 1990 law, absent the problematic clauses, The proposed bill also clarifies ceded lands and sources of revenue entitled to Hawaiians, Hanabusa said the state "must first determine where the ceded lands are and what their income-generating potential is," But a complete inventory remains "up in the air," Action on this effort stalled last year when the state balked over paying for the multi-m.il-lion dollar geographic information system (GĪS) survey, OHA contends the state, as the public trustee, is responsible for costs related to managing lands, "The legislature recognizes that the state has an obligation to the Hawaiian people," said Hanabusa, The Hawaiian Affairs committee will work on restructuring "interim payments" to OHA until a full permanent resolution of ceded lands issues occurs, The justices' ruling didn't undo the validity of the entitlement to ceded lands revenue, nor the 20 percent share due OHA, she said, "But I see no way we ean resolve the whole issue of ceded lands and revenues, The one-two puneh of the Sept, 1 1 terrorist attacks and Sept, 12 court reversal of the Heely decision has vaporized what little political will had existed among her peers last session to resolve longstanding problems facing Hawaiians, she

said, Legislators presently "have many different things tugging at them," she said, With the state's highest rate of unemployment in 25 years, "a laek of revenues from all sources, mandates we have to fulfill (i.e,, special education eomplianee), even security eoncerns, it will eome down to priorities legislators plaee" on the vying issues, "On top of that, the Akaka Bill has stalled in Congress, and who knows what the outcome of the ceded lands trial will be," Hanabusa said, Lacking federal recognition to guide and eompel them, she anticipates most legislators will adopt a wait and see stance and "punt" major decisions for now, īn April 1999, OHA broke off ceded lands negotiations with the state, Hanabusa pointed out that OHA is in an awkward, "conflicted" spot leading the charge to resolve ceded lands claims, "The main problem is that OHA not autonomous; it is a state agency," she stressed, "The Rice decision made that clear, opening OHA to legal attacks on the basis of constitutionality and issues of racial preference, and binding OHA to state oversight under the 14th Amendment, "Trustees want pensions and benefits, they swear an allegiance oath to the Hawai'i constitution, now everybody votes for you — and that all ties you closer and closer to the state, "īf people want the lands to just stay with OHA, that's not a problem: the state would just be transferring lands to itself, But is that what the beneficiaries want?" she asked, "The Hawaiian community has to figure this out," the senator said, "The legislature's not going to take sides," ■

JUGGLING PRIORI11ES — Sen. Colleen Hcincibusci of Woi'eineie einel eiiele Nino Fisher plunge into the new legislcitive session scheclulecl to open Weel,, Jcin, 16,