Ka Wai Ola - Office of Hawaiian Affairs, Volume 32, Number 9, 1 September 2015 — Training by OHA, Ka Huli Ao covers state's legal mandates to protect cultural practices and Hawaiʻi's natural resources [ARTICLE+ILLUSTRATION]

Training by OHA, Ka Huli Ao covers state's legal mandates to protect cultural practices and Hawaiʻi's natural resources

By Shae Kamaka'ala n July 2015, one of OHA's major policy initiatives was signed into law as Act 169. Act 169, whieh was a bill in OHA's 2015 Legislative Package, requires members of designated state boards, commissions and councils to complete a Native Hawaiian Law training course within one year of their iniīial appointment. This legislation underscores the state's affirmative commitment and eonstitutional mandate to uphold and protect Native Hawaiian cultural practices and Hawai'i's precious and finite natural resources. On Aug. 1, the first Native

Hawaiian Law training course after the passage of Act 169 was held at the William S. Richardson School of Law. OHA Trustee Peter Apo, who

along with Trustee Colette Machado, welcomed the audience on behalf of OHA, shared, "We are trying to provide more predictability to regu-

lating and to decisions that impact everybody's life." As a kāhea to our lāhui, Trustee Machado encouraged the younger generation to volunteer

for state and county boards and commissions, stating, we "are looking for good people to serve and Hawai'i needs you." Dr. Kamanamaikalani Beamer, a member of the Commission on Water Resource Management, gave opening remarks and shared his belief that "traditional and customary practices are ... also environmental markers for the overall ecosystem heahh of our islands, of our reefs and of our forests. To the extent we ean respect, analyze and understand the practices and the resources involved in these issues, we also help our islands move towards sustainability." First piloted in 2012, the

training course is a collaborative partnership between OHA and Ka XI KA HULI AO ON PAGE 17

Effective July l, 2015, Governor lge signed Act 1 69, mandating specific State board and commission members to attend a training course on the State's fiduciary duties and trust obligations to protect Hawai'i's natural resources and Native Hawaiian traditional and customary practices. - Courtesy photo

KA HULI A0 Continued from page 4

Huli Ao Center for Excellence in Native Hawaiian Law at the William S. Richardson School of Law. The daylong training begins with Professor of Ethnic Studies Davianna Pōmaika'i McGregor providing the historical context and a discussion on the foundation of kuleana. During the training, leading experts in Native Hawaiian Law cover topics such as the puhlie lands trust, traditional and customary rights, water and the puhlie trust doctrine, and laws relating to iwi kūpuna. These experts include Professor Melody Kapilialoha MacKenzie, Director of Ka Huli Ao; Kapua Sproat, Associate Professor of Law; David Forman, Director of the Environmental Law Program; and Malia Akutagawa, Assistant Professor of Law. Training attendees are provided with summaries of eaeh major area of law as well as legal primers produced by Ka Huli Ao scholars with

funding from OHA. This year, Ka Huli Ao and Kamehameha Publishing also featured the new Native Hawaiian Law Treatise. The August training course attracted over 70 attendees, including more than 20 members from eight of the 10 mandated entities. The training was well attended by members and staff of the State Land Use Commission (LUC) and the Board of Land and Natural Resources, including Chairwoman

Suzanne Case and the Department of Land and ^ Natural Resources First Deputy Kekoa Kalu-

W hiwa. In addition, legī islators, county eouneil representatives, and officials and staff from the Departments of Agri-

culture, Health and Transportation were also in attendance. Evaluations completed by attendees reflected a high degree of satisfaction with the course and a renewed understanding of state officials' kuleana to protect puhlie trust resources and Native Hawaiian rights. In closing remarks, LUC ViceChair Jonathan Scheuer reflected on the important work done by those who sit on state boards, eommissions and councils. He noted that in speaking of reconciliation and justice, people often reference big measures, such as the Apology Resolution or a formal process of governance. However, he pointed out, the members of state boards, commissions and councils in taking actions consistent with their kuleana contribute to on-the-ground restorative justice for Hawai'i's people and natural resources. ■ Shae Kamaka'ala is a Post J.D. FeIIow with Ka Huli Ao Centerfor Excellence m Native Hawaiian Law.

Upon eomplelion of the Native Hawaiian Law Training Course for Hawai'i State Boards, Commissions and Councils, aftendees receive legal primers on key areas of the law. - Photos: Lei Katsuda