Ka Wai Ola - Office of Hawaiian Affairs, Volume 39, Number 2, 1 February 2022 — A HISTORY OF THEFT [ARTICLE]

A HISTORY OF THEFT

THE ONGOING STRIPPING 0F NATIVE HAWAIIANS' RIGHTS T0 THEIR LANDS AND ITS RESOURCES

Overthrow of the Hawaiian Kingdom. At the time, the constitutional monarchy retained approximately 1 million acres of "Crown Lands" and another estimated 800,000 acres of "Government Lands." Together, the Crown and Government lands seized in the overthrow are known as "ceded lands."

Hawai'i is annexed to the United States and the approximately 1.8 million acres of "ceded lands" are considered as a "trust," the revenues from whieh to be used for the benefit of the people of Hawai'i.

The "ceded lands" are transferred to the new "State of Hawai'i" as a "Public Land Trust" (PLT). Section 5(f) of the Admission Act confirms these lands have "trust status" and revenue from the land is to be used forfive public purposes, including "the betterment ofthe conditions of Native Hawaiians."

The Office of Hawaiian Affairs (OHA) is established during the Hawai'i State Constitutional Convention for the purpose of addressing historical injustices eommitted against the Hawaiian people and the challenges arising from those circumstances.

The so-called "Republic of Hawai'i" assumes control of Hawai'i and attempts to dissolve the "ceded lands." During this period, some 46,594 acres of former Crown and Government land is sold.

200,000 acres of "ceded lands" are set aside forthe Hawaiian Home Lands program. During the first half of the 20th century about 350,000 additional acres of "ceded lands" are taken by the federal government for military use and national parks.

The State of Hawai'i utilizes these lands for public schools and universities, harbors, parks, and for other public purposes. It also leases a portion of these lands to the federal government for military purposes.

T— The Hawai'i State Legislature via Act 273 establishes OHA's pro rata (proportional) share of PLT revenues at 20% to be used "for the betterment of the eonditions of Native Hawaiians and to serve as receptacle for reparations to the Native Hnwniinn Peonle" tive Mawanan peopie.

Although codified into law in 1980 (HRS Chapter 10 13.5) and despite years of litigation and attempting to receive full payment, the State of Hawai'i withholds the 20% of PLT revenues owed to OHA.

OHA and then-governor Linda Lingle agree that the debt to OHA for unpaid PLT revenues is valued at $200 million to be paid through a transfer of state lands to OHA, however, the Hawai'i State Legislature refuses to approve the proposed back payment.

The now 32-year-old PLT debt to OHA is partially resolved when 30 acres at Kaka'ako Makai valued at $200 million is transferred from the state to OHA during the Abercrombie adminstration. Full value of the land is limited by a 2006 law prohibiting housing development at Kaka'ako Makai.

OHA reorganizes and streamlines its operations and systems to ensure that more money ean be utilized to fund eommunity programs in alignment with OHA's Mana i Mauli Ola Strategic Plan to betterthe conditions of Native Hawaiians.

The Hawai'i State Legislature (via Act 178), agrees to a temporary allotment of $15.1 million to OHA from PLT revenues pending an accurate accounting of all PLT revenues. Act 178 also requires state agencies using or managing public lands to provide a full accounting of revenues. The issue of unpaid PLT revenues owed to OHA since 1980 remains unresolved.

For the first time ever, state agencies report PLT revenues. $150.9 million in revenue is reported for the previous fiscal year. An independent financial review later determined that agencies under-reported PLT revenues by more than $220 million, and that the actual revenue exceeded $370 million.

? 6 OHA completes a second financial review whieh finds that PLT revenues continue to be under-reported by state agencies. OHA identifies $394.3 million in PLT revenues from the state (this finding is the basis for this year's bil I).

Annual PLT revenues are now estimated to be $394.3 million. Per Act 273 (1980), OHA's 20% annual share should be $78.8 million, however, OHA still receivesjust $15.1 million (about 3.8%). Based on this, the state has accrued an additional debt to OHA of $638 million for underpaid PLT revenues since 2012.