Ka Wai Ola - Office of Hawaiian Affairs, Volume 26, Number 3, 1 March 2009 — By June 2009 we'll know [ARTICLE+ILLUSTRATION]

By June 2009 we'll know

Aloha e nā 'ōiwi 'ōlino, nā pulapula a Hāloa mai Hawai'i a Ni'ihau, puni ke ao mālamalama. By June 2009, three significant, landmark decisions of substantive eonsequence affecting Native Hawaiians from "Hawai'i to Ni'ihau and around this brilliant world" will be made. If Native Hawaiians prevail, a path of opportunity for generations present and future will be illuminated and expected success will require us to work in unified effort for Native Hawaiians and all of Hawai'i nei. However, if the three decisions go badly for Native Hawaiians, our progress toward selfdetermination will be set back and current programs and assets serving Native Hawaiians will remain at risk. On Wednesday, Feb. 25, 2009, from 10 to 11 a.m. in Washington, D.C., the United States Supreme Court will hear oral arguments in STATE OF HAWAI'I, ET AL., PETITIONERS v. OFFICE OF HAWAIIAN AFFAIRS, ET AL., RESPONDENTS . The Question Presented is: "Whether the Joint Resolution to Acknowledge the 100th Anniversary of the January 17, 1893, Overthrow of the Kingdom of Hawai'i strips the State of Hawai'i of its authority to sell lands ceded to it by the federal government until it reaches a political settlement with Native Hawaiians about the status of those lands." In the Apology Bill, Puhlie Law 103-150, enacted by Congress and signed by President Clinton in 1993, Congress "apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawai'i on January 17, 1893 with the participation of agents and citizens of the United States and the deprivation of rights of Native Hawaiians to self-determination; expresses the commitment to aeknowledge the ramifications of the overthrow of the Kingdom of Hawai'i, in order to provide a proper foundation for reconeilialion between the United States and

the Native Hawaiian people; and urges the President of the United States to also acknowledge the ramifications of the overthrow of the Kingdom of Hawai'i and to support reconciliation efforts between the United States and the Native Hawaiian people." Amicus Briefs on behalf of the OHA cause include: The Alaska Federation of Natives, The National Congress of American Indians, Chief Justice Richardson (ret'd), State Senate President Colleen Hanabusa, former Governor John Waihe'e III, Native Hawaiian Legal Corporation, Association of Hawaiian Civic Clubs, Hawai'i Maoli, Native Hawaiian Chamber of Commerce, 'īlio'ulaokalani Coalition, Council for Native Hawaiian Advancement, I Mua Group, Asian American Justice Center, the National Coalition for Asian Pacific American Community Development ine., Organization of Chinese Americans, ine., Asian Law Caucus, Asian American Institute, Asian and Pacific Islander Health Forum, Asian Pacific American Legal Center Attorneys, Equal Justice Society and Japanese American Citizens League, U.S. Senators Daniel K. Akaka and Daniel K. Inouye, U.S. Representatives Neil Abercrombie and Mazie Hirono, Sovereign Councils of the Hawaiian Homelands Assembly, Nā'a'ahuhiwa, The Native Hawaiian Bar Association, Hui Kāko'o 'Āina Ho'opulapula, 'Ahahui Hawai'i, and Abigail Kinoiki Kekaulike Kawanānākoa. On Feb. 4, 2009, Hawai'i's Congressional Delegation introduced SB 381/HR 4904, the Native Hawaiian Government Reorganization Act, identieal in text to NHGRA introduced in the 106th Congress, 2000. The NHGRA introduced again in the 107th, 108th, 109th, 1 10thCongress failed final enactment eaeh time. Optimism runs high for passage in the fīrst half of 2009. Third, my February 2009 Trustee eolumn HB 901/SB 995 highlights fact that the State of Hawai'i ean bring fair and just closure to resolving "disputed" payment of ineome and proceeds from the Public Land Trust due to OHA since 1978. A delay of thirty-one years is unreasonable for the State to disregard its constitutional and statutory obligation to OHA. Timely legislative passage is needed. June will tell. 3/48 E3

LEO 'ELELE ■ TRUSTEE MESSAGES

Haunani Apuliuna. MSW Chairpersūn, TrustEE, At-large