Ka Wai Ola - Office of Hawaiian Affairs, Volume 24, Number 4, 1 April 2007 — Legislative Update [ARTICLE+ILLUSTRATION]

Legislative Update

Resolution urges negotiations on remaining ceded-land issues

By Sterling Kini Wnng | Publicatinns Editnr The Office of Hawaiian Affairs may see its $15.1million annual ceded-lands payment from the state increase, if proposed negotiations progress in

the agency' s favor. On March 14, identical resolutions were introduced into both bodies of the state Legislature encouraging OHA and Governor Linda Lingle's administration to negotiate a settlement of remain-

ing issues regarding the agency's share of the state's proceeds from ceded lands. Ceded lands are the government and crown lands of the Hawaiian Kingdom that were "ceded" to the U.S. at annexation and later

passed to the state government. By law, OHA is supposed to receive a portion of the state's ineome from ceded lands to be used for the bettennent of Hawaiians. However, the exact amount due to OHA has long been a matter of dispute. "We applaud the Legislature for introducing this resolution," OHA Administrator Clyde Nāmu'o said. "The courts have affirmed that this is a burden of the Legislature to resolve this longstanding matter. For more than 25 years, OHA and the state have struggled with this. We look forward to an amieahle, reasonable resolution. This, however, will not represent a 'global settlement' of other federal or state claims, nor claims relating to the overthrow of the Hawaiian Kingdom." The resolution would build upon a series of negotiations that occurred over the last four years, whieh resulted in OHA's annual payment increasing from nothing to $15.1 million, OHA

Chairperson Haunani Apoliona said. "In continuing this joint effort, OHA and the executive and legislative branches seek to reconcile and resolve payments of ceded land revenues, past due and owing to OHA, in a fair and just manner," she said. According to the resolution, the settlement may include a mixture of cash and real estate. If OHA and the Lingle administration reach a settlement, the terms of the agreement would be forwarded to the state Legislature prior to the Ianuary 2008 session opening. In other legislative news impacting Native Hawaiians: • State lawmakers are now eonsidering floating $3 million in general obligation bonds to pay for preliminary design, engineering and planning of OHA's proposed headquarters and Hawaiian culture center on the Kaka'ako waterfront. OHA had originally See UPŪAĪEon page 09

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CūntinuEd fram page ŪH requested $28 million to cover part of the construction cost for the facility. OHA is still negotiating with the state's Hawai'i Community Development Authority to construct the facility on 5.2 acres of state land next to Kaka'ako Park. • The govemor is asking the Legislature to create a comnūssion to plan a public celebration of the 50th anniversary of Hawai'i beconūng a state, whieh will be in 2009. In light of the 30-year-old sovereignty movement, some Native Hawaiians have begun to view the statehood process as being unfair, especially when considering the United States' involvement in the illegal overthrow of the Hawaiian Kingdom in 1893. In August, an unofficial adnūssion day celebration at 'Iolani Palaee ended in

a heated confrontation between event participants and a group of Native Hawaiian protestors. The connnission could be eomposed of 23 members representing Hawaiian, business, academic, nūlitary, faith-based, youth and labor groups. • Two bills relating to kalo continue to move through the Legislature. The first would establish kalo as the state plant, and the second would ban any genetic modification research on taro for 10 years. Both bills cite kalo's cultural importance as the elder sibling of Native Hawaiians in their traditional beliefs. • A bill that would further incorporate traditional Hawaiian knowledge into the state's management of natural resources also continues to progress. The bill would create a system of 39 'aha moku councils that would advise the state on how to manage its natural resources based on traditional 'ahupua'a management practices.