A New Day and a Debt Paid

Today lawmakers joined Governor Neil Abercrombie, Senator Daniel Akaka, the Office of Hawaiian Affairs (OHA) trustees, and other state leaders for a bill signing ceremony enacting into law SB 2783, Relating to the Public Trust Lands, which resolves a long-standing dispute between the state and OHA over ceded-lands.

The law conveys certain parcels of Kakaako Makai lands from the state to the Office of Hawaiian Affairs. The conveyance of these properties fulfills the constitutional obligation to native Hawaiians and resolves all disputes and controversies relating to the portion of income and proceeds from the public land trust lands owed to OHA for the period between November 7, 1978 and June 30, 2012.




Quotable:

"Settling this longstanding issue was a top priority for me and for my Administration. This agreement that is now law, took a lot of hard work and collaboration. I appreciate all those who took the time to make this right, including the Legislature for making sure that all sides were heard." -- Gov. Neil Abercrombie (KITV)

 Chairwoman Machado, Speaker Say, Rep. Carroll

"The Board of Trustees is grateful to the Governor for his leadership in making this settlement a reality. We would also like to thank the Legislature for making this a priority and the Native Hawaiian Community and its leaders for their support of the bill." -- OHA Board of Trustees Chairwoman Colette Machado(KITV)

"The Kakaako community also deserves a lot of credit for its stewardship over this area. We are committed to making sure the land is used in a responsible way that will benefit the entire community. We will balance cultural and environmental considerations with the need to support programs that benefit the Native Hawaiian community." -- OHA Board of Trustees Chairwoman Colette Machado(KITV)

“A debt paid." -- OHA Board of Trustees Chairwoman Colette Machado (Civil Beat)

House Passes SCR40

The U.S. Supreme Court will hear oral arguments on February 25, 2009, on the State of Hawaii's appeal on a Hawaii Supreme Court decision; the court ruled that the State is prohibited from selling ceded lands until a settlement agreement is reached between the State and the Office of Hawaiian Affairs on the issue of ceded lands.

A good place to review background documents on this case can be found on the ceded lands page of Robert Thomas' blog inversecondemnation.com. (Note that Thomas discloses the fact that his firm filed an amicus brief on this case supporting the State's arguments.)

Today, the House passed SCR40, URGING THE GOVERNOR AND THE ATTORNEY GENERAL TO WITHDRAW THE APPEAL TO THE UNITED STATES SUPREME COURT OF THE HAWAII STATE SUPREME COURT DECISION, OFFICE OF HAWAIIAN AFFAIRS V. HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII, 117 HAWAII 174 (2008).

SCR40 was adopted by the Senate on Friday and appeared on the House Order of the Day today as having been transmitted from the Senate. Rep. Lyla Berg made a motion to recall the resolution to the floor, and for the House to vote on the measure. While it is unlikely that the Governor would withdraw the appeal, the adoption of the resolution in both House and Senate would send a message to the U.S. Supreme Court prior to the start of oral arguments.

Rep. Kymberly Pine offered a motion to refer the resolution to the Committee on Water, Land & Ocean Resources, where, she argued, the public would have an opportunity to review and comment on the measure. The motion failed.

The House adopted SCR40 with 2 members voting No (Pine, Finnegan), 1 member excused (Takai). Of the 48 Yes votes, 23 voted with reservations.

Carroll on KITV4 panel discussion on ceded lands

Rep. Mele Carroll, chairwoman of the Hawaiian Affairs Committee, will be a panelist in a live discussion on ceded lands airing on KITV4 Friday, February 20, 2009 at 7 p.m. Other guests include former Gov. John Waihee, Senate President Colleen Hanabusa, and Chair of OHA Board of Trustees Haunani Apoliona with moderator Skylark Rossetti. The show will also be broadcast online at www.kitv.com.

The Legislative Hawaiian Caucus, which Rep. Carroll is the chairwoman of, supported a full moratorium on ceded lands and introduced legislation that prohibits the state from selling and transferring ceded lands in the public trust. Carroll and the caucus support the Hawaii State Supreme Court decision which prevents the State from selling ceded lands until native Hawaiian claims to the land are settled. The United States Supreme Court is reviewing an appeal by Gov. Linda Lingle requesting that the decision be overturned.

HB1667 passed out of the Committee on Hawaiian Affairs earlier this month and must be heard and passed by Water, Land & Ocean Resources and Judiciary Committee before heading to Finance.

House Committee unanimously passes “ceded lands” bills

On the same day that Congress reintroduced the Akaka Bill, the House Hawaiian Affairs Committee unanimously passed three separate bills that would place a moratorium on the sale of “ceded lands.”

House Bill 1667, put forward by the Legislative Hawaiian Caucus, proposes to prohibit the Board of Land and Natural Resources from selling, exchanging, or otherwise alienating “ceded lands” in the public land trust.

“I believe there is a fiduciary responsibility of the State to Native Hawaiians,” said Rep. Mele Carroll, who serves as chair of the Hawaiian Affairs Committee and the Legislative Hawaiian Caucus.

House Bill 1667 received an overwhelming amount of support including testimony from the Office of Hawaiian Affairs, Kamehameha Schools, Malama Kaua‘i, Alan Murakami of the Native Hawaiian Legal Corporation, Aha Kiole Advisory Committee, Japanese American Citizens League, Kupa‘aina Coalition, Chairman Kali Watson of Sovereign Councils of the Hawaiian Homelands Assembly, Life of the Land, Royal Order of Kamehameha I, and many community and individual supporters.

Attorney General Mark Bennett, who submitted testimony in opposition to all House bills addressing “ceded lands,” including House Bill 1667, said he feels the purpose of this bill is to deflect a U.S. Supreme Court ruling.” On February 25, the highest court in the United States is scheduled to hear oral arguments on the appeal put forth by Gov. Linda Lingle to reverse the Hawai‘i State Supreme Court’s ruling that the state cannot sell or transfer “ceded lands.”

Committee members had a lengthy discussion with A.G. Mark Bennett, Professor Vandyke and Clyde Namu‘o, Administrator of OHA, airing out the arguments of a moratorium on the sale and transfer of “ceded lands.”

In support of a moratorium on “ceded lands,” University of Hawai‘i constitutional law professor Jon Van Dyke told the Committee that the Legislature indicated the State’s commitment to resolving unsettled land disputes with the Native Hawaiian people when it created OHA in the 1978 Constitutional Convention.

“The bills that you are now considering are what the Supreme Court of Hawai‘i has already said,” Van Dyke said. “All we’re doing is asking this body to reaffirm what is already in the law.”


A.G. Bennett mentioned that if the State of Hawai‘i fails in their appeal to the U.S. Supreme Court, he anticipates that the state will be dealing lawsuits citing Amendment 14 and the Equal Protection Act.

Any 14th Amendment lawsuit that would arise from a moratorium, as indicated by the Attorney General, was “bewildering,” Van Dyke said.

OHA Administrator Clyde Namuo said, “I find it troubling that we can just discuss this purely at an academic and legal level.” He explained that disregarding the cultural and moral intents of protecting lands part of reconciliation between the State and Native Hawaiians was frustrating.

“When you talk about putting a moratorium on the sale of these ‘ceded lands,’ it doesn’t stop the economic and the legal process from moving forward,” said Kali Watson, former Director of the Department of Hawaiian Homelands. “View it as an interim measure to facilitate a just measure in the near future.”

Mahealani Cypher, President of the Ko‘olaupoko Hawaiian Civic Club, said: “We find it almost unbelievable that anyone with any self respect would stand up here and say we shouldn’t pass this law. We urge you to put your minds, hearts, and voices into advocating for justice for the Hawaiian people.” She asks the committee to support this legislation to protect the trust.

At the hearing, Rep. Della Au Bellati acknowledged Rep. Mele Carroll’s leadership in creating a transparent process with the community and in uniting lawmakers on the issue of “ceded lands.”

“The outcome was a victory today,” explains Chair, Rep. Mele Carroll.

The House Hawaiian Affairs Committee voted unanimously with all members present to support the legislation on a moratorium of the sale and transfer of ceded lands that were heard today in the hearing.

Another important measure that passed today included House Bill 1660, which recognizes Hawaiians as the indigenous people of Hawai‘i.

The House Hawaiian Affairs Committee consists of Rep. Mele Carroll (Chair), Rep. Maile Shimabukuro (Vice Chair), Rep. Della Au Bellati, Rep. Joe Bertram III, Rep. Tom Brower, Rep. John Mizuno, Rep. Scott Nishimoto, Rep. Ryan Yamane, and Rep. Gene Ward.

Hawaiian Affairs Committee to Hear Ceded Lands Bills

The COMMITTEE ON HAWAIIAN AFFAIRS will hear a number of bills of interest on Wednesday, 9:00 A.M., ROOM 329, including three bills on ceded lands.

HB902 RELATED TO LANDS CONTROLLED BY THE STATE.
Prohibits the disposition in fee simple of ceded lands. (SAY BY REQUEST)

HB1660 RELATED TO HAWAIIANS.
Recognizes Hawaiians as the indigenous people of Hawaii. (CARROLL)

HB1667 RELATED TO CEDED LANDS.
Prohibits the board of land and natural resources from selling, exchanging, or otherwise alienating ceded lands in the public land trust. (CARROLL)

HB1805 RELATED TO LANDS CONTROLLED BY THE STATE.
Prohibits the disposition in fee simple of ceded lands. (CARROLL)

HB1841 RELATED TO PUBLIC LANDS TRUST
Prohibits the sale, exchange or other permanent transfer of lands in the public lands trust to a private entity; requires the Department of Land and Natural Resources to make an inventory of lands in the public lands trust; appropriates funds for the inventory, to be matched by the Office of Hawaiian Affairs. (SHIMABUKURO)

Attorney General, Hawaii civil attorneys and DHHL to speak with Legislative Hawaiian Caucus about ‘ceded lands’

By: Travis Quezon
Office of Rep. Mele Carroll

The Legislative Hawaiian Caucus will hear concerns from Attorney General Mark Bennett and other civil attorneys about Hawaii’s “ceded lands” on Thursday, January 22.

Legislative Hawaiian Caucus meeting
Thursday, January 22, 2009
From 4 p.m. to 5:30 p.m. at State Capitol room 423

Attorney Sherry Broder is scheduled to update the caucus on the legal challenges to preserve lands for Native Hawaiians. Broder has represented the Office of Hawaiian Affairs in obtaining entitlement to “ceded lands” revenues and was the chief attorney for OHA from 1986 to 2002. Broder also had been elected the first woman president of the Hawaii State Bar Association.

Rep. Mele Carroll, chair of the Legislative Hawaiian Caucus, has been working closely with various Native Hawaiian organizations to create a dialogue with Hawaii lawmakers.

Last Saturday, Rep. Mele Carroll and the Legislative Hawaiian Caucus were invited to take part in the Ku I Ka Pono March to protect Hawaiian lands. Community activists are seeking the support of the caucus to oppose the Lingle Administration’s attempt to move forward with selling what is now known as “ceded lands.” Activists are also seeking the caucus’ help in preparing legislation that will set a moratorium against selling those lands.

Micah Kane, Chair of the Department of Hawaiian Home Lands, is also scheduled to speak.

At a House Finance Committee last week, on Jan. 14, Kane said that the last fiscal year was the largest construction year in terms of dollars in the history of the Hawaiian Home Lands trust. Kane also credited the progress to the development of a retail facility in Kapolei with DeBartolo, LLC, which provided 4,500 jobs.

“We see that as the job center for our families to live and work in that community,” Kane said. “Also, the revenue goes toward Native Hawaiians.”

At the Finance Committee meeting, Rep. Mele Carroll asked if DHHL has dealt with any water issues regarding water infrastructure.

Kane replied that while there is an integrated system on Maui, the county is currently in a situation where there is a master plan, but has no money to execute the operation.

“There is utility availability in many of these counties, but they are obligated to various developers,” Kane said.

He would like to see the government given more authority to hold infrastructure to allow projects to move ahead more quickly.

“Thank you for all you have done [at DHHL],” Rep. Mele Carroll said. “I know my district is very challenging and you folks have been very diligent in handling the issues.”