Ka Wai Ola - Office of Hawaiian Affairs, Volume 25, Number 2, 1 February 2008 — Breakthrough in ceded lands dispute up for legislative approval [ARTICLE+ILLUSTRATION]

Breakthrough in ceded lands dispute up for legislative approval

By Crystal Kua Directur uf Cummunicatiūns An historic agreement struck between the Office of Hawaiian Affairs and the State Administration to settle ceded land revenue claims dating back 30 years is now in the hands of the state Legislature for approval. Under the settlement announced by Gov. Linda Lingle and OHA Chairperson Haunani Apoliona on lan. 18, OHA will receive a mix of land and cash valued at $200 million to settle the question of how mueh revenue remained in "dispute" following the partial settlement on revenues to OHA in 1993. The question of how mueh revenue remained to be paid stems from disputes between 1978 and 2008. "It's fair to OHA, it's reasonable for taxpayers and it's the right thing to do," Gov. Lingle told reporters during a news eonference. "It's a fulfillment of an obligation that we have had since statehood and then specifically with OHA since 1978." The parties reached a settlement on the amount owed to OHA after four and a half years of negotiations and mediation. "OHA and the executive branch have achieved mutual agreement to resolve these disputed issues. And we are now joined together, to request that the 2008 Legislature enact a statute to implement this agreement," Chair Apoliona said. The land parcels in the settlement include commercial and industrial properties on O'ahu and Hawai'i Island totaling 209 acres. The state will also pay OHA just over $13 million in cash. This settlement completes resolution of the "disputed revenue issues" that were not completed by the partial settlement between the State and OHA in 1993. The long-standing disputes related to payment of ceded lands revenues to OHA have involved the state Courts, the state Legislature and

four state administrations back to the fonnation of OHA. Also part of the settlement, the minimum amount of proceeds OHA would receive from the publie land trust would be fixed at $15.1 million going forward. "The settlement today is just, fair and reasonable for all the people of the State of Hawai'i, and, in my view, clearly for the beneficiaries of the Office of Hawaiian affairs," Attorney General Mark Bennett said. "This is not ... a matter of an option for the state. It is a matter of a legal requirement embodied in our constitution." OHA Attorney William Meheula said during the press conference: "I think we intelligently eame up with a resolution that I think is going to be long-lasting." "The focus, first of all, was not only on properties that could be developed in a culturally sound way but also on producing outstanding revenues that ean be put into beneficiary programs," OHA Land Management Hale Director Ionathan Likelike Scheuer told reporters. The land transfers in this settlement will add to OHA's recent purchase of Waimea Valley on 0'ahu's North Shore and Wao Kele O Puna on Hawai'i Island. "OHA's Real Estate Vision, Mission and Strategy Policy, as

approved by the OHA Board of Trustees, is driven by the objective of protecting and preserving our lands and their cultural signifieanee while creating financially viable property investments," Apoliona said. As part of an effort to educate the puhlie about the ceded lands issue, OHA produced a one-hour live broadcast on KITV, "Ceded Lands: The People's Legacy," whieh featured University of Hawai'i professors Davianna McGregor and lon Van Dyke, and Apoliona, Meheula and Scheuer. OHA commissioned Ward Research to conduct a poll of Hawai'i residents on the questions of back-due payment owed to OHA over ceded land revenues. More than two-thirds polled (68%) by Ward Research believe the Legislature should approve a settlement that both the state and OHA have agreed to. When told that OHA and the state have been negotiating for years on a fair amount for backdue payment, 45 percent of those polled said the state should pay what is legally owed, 38 percent said the state should pay whatever it ean, and only 8% favored paying nothing. For further information on the settlement, visit the OHA web site at www.oha.org. ^

AUPUNI • GDVERNMENĪ

OHA Trustees, Gov. Linda Lingle and others gather in the governor's office for fhe announced ceded lands deal. - Photo: Blaine Fergerstrom