Ka Wai Ola - Office of Hawaiian Affairs, Volume 33, Number 4, 1 April 2016 — HE MOʻOLELO LOLOA [ARTICLE+ILLUSTRATION]

HE MOʻOLELO LOLOA

loha e na 'oiwi 'olino. "From the creation of the

Office of Hawaiian Affairs by State eoniStitutional amendment

in 1978, OHA and the State of Hawai'i have disagreed over what portion of the ineome and proceeds from the Puhlie Land Trust should be transferred to OHA." Between years 1979 to 1993, efforts to clarify Chapter 10 and payments due to OHA, OHA v Yamasaki (1987) and Act 304 (1990), were prominent. In 1993, OHA under Act 304 secured a $130 million partial settlement and filed OHA I complaint

in 1994 for contested sources not settled in 1993. In 1995, OHA filed an amended complaint against HCDFH and received a favorable ruling by Judge Heely in OHA I litigation (1996). Between 1996-2000, OHA was impacted negatively. The U.S. DOT declared OHA payments contrary to federal law, Governor Cayetano and airlines opposed Judge Heely's decision, filing an appeal. In 1997, Act 329 fixed OHA "interim" payments at $15.1 million for 2 years and an FAA memo declared "OHA cannot be paid Airport Revenues." InOct. 1997, Congress enactedthe "Forgiveness Act" prohibiting airport revenue payments "for claims related to ceded lands." In March 1999, Governor Cayetano advocated global settlement, then in Governor's Message, "Statement of Objections to Senate Bill No.1635" immediately thereafter, reduced payments to OHA by approximately $6 million annually. In 2000, the U.S. Supreme Court ruled on Rice v Cayetano. In 2001, the Hawai'i Supreme Court overturned Judge Heely's decision. In 2001, Governor Cayetano immediately stopped ALL Chapter 10 payments to OHA. In 2003, Governor Lingle reinstated undisputed PLT payments to OHA by Executive Order 03-03. In 2003, OHA investigated past due claims, OHA files complaint in OHA II (2003), Judge Chang granted State's motion to dismiss OHA II (2003). OHA filed Nohee of Appeal

in OHA II (2004). Past due PLT settlement discussions began (2004). Act 178 was

enacted (2006) for payments of $15.1 million annually to OHA; and a $ 17.5 million lump payment as required by the March 2003 E.O. completed. PLT discussions continued into the Abercrombie administration. The result was a $200 million transfer of 9 parcels of approximately 30 acres in Kaka'ako Makai. The annual ongoing payments of $15.1 million from the Puhlie Trust Lands ineome and proceeds have continued uninterrupted since fiscal year 2005-2006.

Act 178, (2006) was enacted with the stated purpose of providing "interim measures to ensure that an adequate amount of ineome and proceeds is made available to the Office of Hawaiian Affairs from the pro rata portion of the Puhlie Land Trust, for the betterment of the conditions of native Hawaiians". "Act 178 carried out this purpose by requiring [Until] further action is taken by the legislature for this purpose, the ineome and proceeds from the pro rata portion of the Puhlie Land Trust under Article XII, Section 6, of the State Constitution for expenditure by the Office of Hawaiian Affairs for the betterment of the conditions of native Hawaiians for eaeh fiscal year beginning with fiscal year 2005-2006 shall be $15,100,000." The second statedpurpose was to "identify revenue-generating puhlie trust lands and the amounts derived from those lands by requiring the Department of Land and Natural Resources provide an annual accounting to the legislature." A Concurrent Resolution under consideration by the Twenty-eighth Legislature is to establish a Puhlie Land Trust Revenues Negotiating Committee. "The Negotiating Committee shall engage in discussions with the purpose of resolving the matter of the ineome and proceeds from the Puhlie Land Trust that the Office of Hawaiian Affairs shall receive annually under the State Constitution and other State law." Aloha no! 40/48 ■

Haunani Apnlinna, MSW

TrustEE, At-largE