Ka Wai Ola - Office of Hawaiian Affairs, Volume 25, Number 3, 1 March 2008 — Ceded lands settlement is in the best interest of all Hawaiians [ARTICLE+ILLUSTRATION]

Ceded lands settlement is in the best interest of all Hawaiians

Bnyd P. Mūssman TrustEE, Maui

£ A no'ai kākou. The year /\ 2008 has begun with a A. A.bang by whieh we are attempting to secure for our posterity the promise of a future in whieh Hawaiians ean strengthen themselves physically, mentally, spiritually, emotionally and socially while living in harmony with their neighbors and others throughout our Islands. The ceded lands settlement announced on Jan. 19, 2008, is one issue OHA has been working on for all the time I have been a Trustee. This resolution with the State of Hawai'i concludes a 30-year effort to get the State to pay OHA on behalf of its beneficiaries what was owed to them. As a Trustee, I have been able to participate in the negotiations and review the ceded lands debt owed by the State and have concluded, as with the rest of the Board, that the settlement between OHA and the State is fair, just and reasonable. The fact that it was not open to the input or participation of the Hawaiian community let alone the entire eommunity should be obvious. Without confidentiality the parties could not have succeeded in participating in arms-length discussions resulting in the settlement if only because of the need to trust one another during the lengthy negotiations. The Trustees were kept informed throughout, experts were hired to advise, attorneys were retained to represent, staff was assigned to research and answer questions, and the Board was given every opportunity to question any proposals from the negotiating team. A lawsuit (OHA vs. Lingle) was even filed to seek accountability from the State for its past inactions regarding the loss of airport ceded land revenues and the ultimate reversal by the Hawai'i Supreme Court of Judge Daniel Heely's decision upholding the right of OHA to receive such revenues.

The allegation that a better deal could have been struck with the Cayetano administration rings hollow in the face of the lawsuit whieh was ultimately unsuccessful with the court telling OHA to take it to the Legislature. Also, there was no agreement, no details, no protecting of Hawaiian claims based on the overthrow, and no willingness on the part of the Cayetano administration to resolve anything unless it was "global," thereby precluding any future claims by the Hawaiian people whieh was their inherent right. In fact, not long after negotiations ceased with the Cayetano administration did they cut off all payments to OHA, and OHA so to speak sucked wind until Gov. Lingle reinstituted the payments in 2003. OHA had plans to bring information on the settlement to Hawaiian eommunities as soon as the Legislature had been advised and was in the process when the Senate instructed OHA to hold community meetings. I personally scheduled three meetings on Maui and will be holding more. Hawaiians are now presented with the opportunity to work together to obtain land and money for a debt owed under the law to OHA on behalf of Hawaiians. We should be working together to allow this to happen. This is in our best interest and is a matter of holding the State accountable for its failure to pay its fair share in the past. Passage of SB2733 and HB266 will for the first time secure for Hawaiians valuable real estate, whieh ean be used to support a future governing entity and will end a longstanding dispute. The recent ruling by the Hawai'i Supreme Court eonfirming the wisdom of not selling out to the State in previous negotiations preserves for Hawaiians future claims their government may have to ceded lands. The amount agreed to in this settlement addresses the concerns of both the Hawaiian people and the people of Hawai'i and should be confirmed by our Legislature. Please email your legislators and ask them to support these bills as being in the best interest of us all. Mahalo nui and mālama pono. E3