Ka Wai Ola - Office of Hawaiian Affairs, Volume 26, Number 2, 1 February 2009 — Rising up meet the challenge [ARTICLE+ILLUSTRATION]

Rising up meet the challenge

Aloha nō, As we enter into the second month of the year, we ean already look back at the inauguration of a new president, the opening of our Legislature, the filing of briefs in the U.S. Supreme Court in the OHA ceded lands case, the Superferry EIS, the Beacon Hill anti-Akaka report from Grassroots, the ceded lands protest and mueh more. OHA has met with legislators, congressionals, Hawaiian leaders and more in preparation for a variety of issues that we will be facing in February and thereafter. The Akaka Bill is foremost amongst OHA's efforts to preserve our people and culture. In Washington, D.C., we have a solid core of Hawai'i elected officials to represent us and we appreciate all of them. Here in Hawai'i, we have a Legislature sympathetic to our federal recognition cause and an administration likewise. The stars are aligned and but for misleading and grossly inaccurate reporting by ultraconservative groups and the constant opposition from proindependence groups, the bill is poised for passage in the U.S. Congress. Passage is absolutely necessary for Hawaiians to prevail in court. Period. Without Akaka, say aloha to Hawai'i, and weleome California West. The ceded lands case will be heard in the U.S. Supreme Court on Feb. 25. OHA has retained first-rate law firms to represent our interests, and though the odds may be against us, we are confident that the best arguments available under the law will be presented on our behalf. Loss in the courts could result in anything from loss of our identity as Hawaiians to a referral back to the Hawai'i Supreme Court for further action. This wide range

of possibilities is troubling for Hawaiians and places us in significant jeopardy of losing any further governmental funding for anything Hawaiian. Thus the importance of the Akaka Bill, whieh could provide a buffer for Hawaiians from such an adverse Supreme Court ruling. At home here we face another ehallenge in getting the state to pay OHA for 30 years of unpaid debt. OHA after working with the state administration for four years and going through mediation, presented a plan to the Legislature last year that would have settled this debt for $200 million. At 5 percent interest we would be the equivalent of $210 million dollars richer today if the bill had passed. It failed because a handful of Hawaiians were able to convince a handful of senators to kill the bill. Their objections got more results than the 50 or so hearings compelled by these senators and paid for by OHA, whieh the senators completely ignored. So we face the same challenges this year with less money in our coffers, questionable administration support and a bad economy. What should have been received last year for all Hawaiians is left to OHA this year to try for again. No matter, we will hopefully succeed this year but without the premiere 100-acre industrial parcel in Kalaeloa. This was withdrawn from consideration by the state this year for development by the Department of Land and Natural Resources as a firstclass industrial site. So expect to see us again seeking to inform you of the ceded lands bill and asking your support in the Legislature to avoid another loss to Hawaiians of millions of dollars. Expect a rigorous argument against the state at the U.S. Supreme Court from OHA. Expect a continued determined effort to pass the Akaka Bill. Expect OHA to uphold the trust when the Legislature seeks to reduce substantially our means to assist you. In all of the above we appreciate your kōkua especially in contacting your elected representatives. Mahalo. S

Būyd P. Mūssman TrustEE, Maui