Ka Wai Ola - Office of Hawaiian Affairs, Volume 30, Number 3, 1 March 2013 — OHA Board Actions [ARTICLE+ILLUSTRATION]

OHA Board Actions

Compiled by Garett Kamemoto

Starting this month, actions taken by the Office of Hawaiian Affairs Board of Trustees will be summarized in Ka Wai Ola. For more information on actions taken by the board, please see the complete meeting minutes, including the legislative matrix mentioned helow, posted online at www.oha.org/about/board-trustees.

- LEGEND 9 'Ae (Yes) 9 'A'ole (No) 9 Kanalua (Abstain) 9 Excused

To approve the following revisions to the 2013 OHA Legislative Package: • Replace the contents of OHA-5, whieh is a bill relating to the composition of the island burial councils, with new language. • Replace the contents of OHA-8, whieh is a short-form bill relating to the Native Hawaiian Justice Task Force, with new language. • Remove OHA-9, whieh is a short-form bill relating to the Native Hawaiian Justice Task Force. • Replace the contents of OHA-10, whieh is a short-form bill relating to OHA's bond authority, with new language. • Add OHA-11, whieh is a new bill requiring an audit of the state's eomplianee with the accounting requirements of Act 1787, Session Laws of Hawai'i, 2006 • Add OHA-12, whieh is a new concurrent resolution Recognizing Kuleana Lands as Historical Lands and Urging the Counties to Support Efforts to Promote Continued Ancestral Ownership of Kuleana Lands. To approve the Resolution Recognizing Office of Hawaiian Affairs Trustee Donald Bruce Cataluna for his Service to Native Hawaiians and the State of Hawai'i. To approve the Resolution of Respect in Loving Memory of Ruby Pua Keana'āina-McDonald. To approve the adoption of the OHA Resolution Supporting Kaheleaulani Health Olinie at North Hawai'i Community Hospital. Motion to approve Administration's recommendations regarding new bills on the OHA legislative matrix dated Jan. 2, 2013, and to change ltem #2 on the matrix from Support (S) to Comment (C) with the understanding that the OHA Board of Trustees supports amendments to the PLDC and if OHA's amendments are not accommodated, then the OHA Board of Trustees supports the repeal of Chapter 1610, HRS. Motion to ratify the OHA Resolution Urging the Board of Land and Natural Resources to Exercise the Highest Possible Level of Stewardship and to Afford the Strongest Consideration to the Rights and Practices of Native Hawaiians and Sacred Sites Affected by Proposed Developments, lncluding Those on Mauna Kea, in the Conservation District Use Application Process. To approve Administration's recommendations regarding new bills on the OHA legislative matrix dated Jan. 30, 2013, as amended, whieh includes the change from Comment to Support all 19 bills that seek to repeal the Public Land Development Corporation (PLDC).

To approve Administration's recommendations regarding New Bills and Bill Positions for Reconsideration, as well as change both ltem 115, SB1353 from Support to Monitor and ltem 409, SB231 from Oppose to Comment on the OHA legislative matrix dated Feb. 6, 2013, as amended. Motion to adopt a B0T policy to be included in the OHA B0T Executive Policy Manual as a new subsection entitled "Ceded Lands" within Section 2012, Advocacy: Ceded Lands 2.1. f OHA reaffirms its policy to protect the ceded lands corpus until the unrelinquished claims of Native Hawaiians are resolved, and OHA shall oppose the alienation of any ceded lands by the State of Hawai'i, except in the following limited situations: 1. OHA shall not oppose a resolution submitted to the Hawai'i State Legislature pursuant to Act 176 (2009) and Act 169 (2011) for the sale of the fee simple interest of apartments, townhouses and houses for home ownership, where [1] there is already an agreement in an existing contract with the state agency allowing the homeowner to purchase the fee simple interest for home ownership, [2] there have been prior sales in the same development to the extent that the units have previously been substantially sold, or [3] sales ofthefee simple interestwereapproved by the responsible state housingagency priorto thefiling ofthe lawsuitOHAv. Hawai'i Finance and DevelopmentCorporation, Civil No. 94-4207-11, First Circuit Court, State of Hawai'i, Nov. 4, 1994. 2. OHA shall not oppose the sale or transfer of remnants by the Department of Land and Natural Resources, State of Hawai'i, so long as OHA determines that the land proposed by DLNR as a remnant meets 0HA's understanding of the definition of remnant or that the land does not have competing, more important values to the Native Hawaiian community. 3. By not opposing the sales of any ceded lands, OHA does not waive any right or elaim that it has to a pro rata share of the proceeds of the sale. 4. By not opposing the sales of any ceded lands, OHA does not directly or indirectly release or limit the claims of the Native Hawaiian people or a Native Hawaiian governing entity. Note: Action item needs second vote by the Board of Trustees to be formally adopted. To approve the following individuals as 0HA's formal nominees to the lsland Burial Councils: • Norman Kaimuloa, Nominee for South Kona regional representative on the Hawai'i lsland Burial Oouneil • lsaac Harp, Nominee for North Kona regional representative on the Hawai'i lsland Burial Oouneil • Ralph Palikapu Dedman, Nominee for Ka'ū regional representative on the Hawai'i lsland Burial Oouneil • Terri L. Napeahi, Nominee for Hilo regional representative on the Hawai'i lsland Burial Oouneil • Kapulani Antonio, Nominee for Makawao regional representative on the Maui/Lāna'i lsland Burial Oouneil • Thomas Shirai Jr., Nominee for Waialua regional representative on the O'ahu lsland Burial Oouneil • Hinaleimoana Wong-Kalu, Nominee for Kona regional representative on the O'ahu lsland Burial Oouneil To retain a professional consultant for an amount not to exceed $30,000 to Conduct a Twelve-Month Performance Review of OHA CEO Dr. Kamana'opono Crabbe and to Present a Written Report to the OHA Board/CEO wiīhin a Specified Timeframe.