Ka Wai Ola - Office of Hawaiian Affairs, Volume 7, Number 5, 1 May 1990 — Entitlement bill still alive in legislature [ARTICLE+ILLUSTRATION]

Entitlement bill still alive in legislature

By Deborah Lee Ward Editor, Ka Wai Ola O OHA Passage of a proposed entitlements package for native Hawaiians of 50 percent or more Hawaiian blood, under the OHA ceded lands trust, appeared likely in mid-April as a legislative conferenee committee met to iron out technical details. The package, OHA trustees say, is an important first step in addressing the concerns and needs of native Hawaiians and Hawaiians with regard to their entitlements under state law. The Board of Trustees of the Office of Hawaiian Affairs held a series of 11 public meetings statewide in March and April to inform the Hawaiian people about the details of the package and to encourage their participation and involvement in the continuing legislative process and future program planning. Over 800 people attended these meetings. A special documentary film, "A Promise in Trust," was shown in the meetings. It discusses the background and details of the ceded land trust agreement. A panel of OHA trustees and representativesof the Governor's office discussed the details of the agreement and answered questions from eommunity members who voiced their comments and concerns. Some shared their appreciation of the time taken and diligence shown by the trustees and governor's team to negotiate a settlement on their behalf. Others continued to question OHA's credibility, asking questions such as "Can we trust OHA?" "Why are we settling for just this?" " What will you do with the money?" Those who seemed to accept the basis and outeome of the negotiations wanted to know how the money will be spent.

If approved by the legislature, the entitlements bill, HB2896, House Draft 3, will clarify the basis for determining the revenue due to the Office of Hawaiian Affairs (OHA) for the betterment of eonditions of native Hawaiians, under the provisions of the state constitution and chapter 10, Hawai'i

Revised Statutes. The entitlements package includes the chapter 10 definition of "native Hawaiian" whieh refers to individuals with 50 percent or more Hawaiian blood. continued on page 8

OHA trustees paid honor to Sen. Spark Matsunaga by standing vigil at his catafalque in the Capitol rotunda. See story page 3

Entitlements

/rom page 1 The terms of the entitlement proposal were reached following two years of negotiations between the OHA Board of Trustees committee on Native Hawaiian Status and Entitlementsand a staff team from the Governor's office. It represents an end to a 10 year disagreement between the state and OHA over revenue due to the Office of Hawaiian Affairs from the ceded land trust as an entitlement for native Hawaiian beneficiaries. In summary form, the major provisions of the entitlements bill are to: • clarify whieh lands comprise the public land trust for native Hawaiians under chapter 10, HRS; • clarify what constitutes revenue derived from the public land trust whieh forms the basis for determining the pro rata share due to OHA; • provide a process to determine the actual amounts payable to OHA under the clarified standards;

• provide a process for payment of sums to OHA consistent with restrictions and limitations under existing federal and state laws, rules, and regulations, and bond and contractual obligations; • require the Department of Budget and Finance and OHA to determine the actual amount equivalent to 20 percent of the revenue derived from the public land (ceded) trust; • require the Department of Land and Natural Resources, the Office of State Flanning and OHA to identify parcels of public land whieh may be eonveyed to OHA (if OHA chooses some land instead of money); • appropriate $7.2 million for fiscal year 19901991 as the initial installment of money owed to OHA; and • appropriate $500,000 for land surveys, public information meetings, transportation costs, and other expenses necessary to carry out the purposes of the bill.

The Office of Hawaiian Affairs and the state government will continue negotiations to provide for those beneficiaries of the trust who are "Hawaiian" (less than 50 percent Hawaiian blood). Public hearings were held in February, March and April on OHA entitlements for native Hawaiian beneficiaries. The entitlements proposai drew support from the Office of the Governor, OHA, the Native Hawaiian Legal Corporation, Alu Like, the Association of Hawaiian Civic Clubs, the State Council of Hawaiian Homestead Associations, and other Hawaiian organizations and individuals. Opposing testimony was presented by Ka Lahui Hawai'i, Ka Pakaukau, the Friends of Kaneohe Bay, other organizations and several native Hawaiians. In response to legislators' concerns, a eompanion bill, S.B. 973 was introduced to clarify and increase the effectiveness of OHA's budget process. As this issue went to press it was being discussed by subject matter conference committees.

If the legislature passes the entitlements bill, it will still take until 1991 for state verification of the actual retroactive amount due OHA. If all goes well, payments will start with the 1991-1992 fiscal year. Between now and the next session of the legislature, the state and OHA will have major tasks to accomplish, including: • continuing negotiations on ceded īand trust entitlements for Hawaiians (or less than 50 percent Hawaiian blood) • implementation of the negotiated method of payment regarding money and land, and • setting in motion OHA's future budgetary plans and commitments. OHA land and natural resources officer Linda Delaney, who with deputy administrator Stanley Lum assisted the trustee committee on Native Hawaiian Status and Entitlements during the negotiations, said the prospect of increased funding will mean making new management, program

and investment decisions. She said it will be important for OHA to make its decisions so all Hawaiians feel a part of this new step, and "so that what is gained is best for all of us."