The 2012 landmark settlement between the Office of Hawaiian Affairs and the state of Hawaii brought much hope.
The settlement represented closure to a decades-long dispute, fought at the state Capitol and in court, over the amount of revenues the state owed to Native Hawaiians for its use of their ancestral lands.
But the settlement also put OHA in control of shaping the future of a coveted piece of urban Honolulu — a region undergoing major revival. The state transferred to OHA 30 acres of prime real estate, valued at $200 million, in Kaka‘ako Makai. So often, Native Hawaiians are on the outside looking in on developments. It’s usually someone else building on our ancestral lands. We always share our voices on these types of projects, but rarely do we feel heard.
But Kaka‘ako Makai is supposed to be different. If there is one place where our community’s dreams should come to life, it should be on our own lands. After all, the indigenous right of self-determination dictates that Native Hawaiians should be able to use our lands however we determine that best serves our own people.
Unfortunately, a 2006 law has handcuffed Native Hawaiians, preventing OHA both from pursuing its preferred project and from realizing the true value of the settlement. This law prohibits the development of housing on the makai side of Ala Moana Boulevard in Kaka‘ako. These lands were specifically conveyed to OHA in 2012 to serve as an economic engine to help fund programs for Native Hawaiians. But OHA’s initial financial analysis indicates that without the ability to develop housing, these lands will not be able to generate revenues consistent with a $200 million investment.
Moreover, the law strips Native Hawaiians of the ability to seek maximum development options for their lands that the well-financed, mainland corporations across the street have for theirs. While our neighbors up mauka can bring their dreams to life, Native Hawaiians cannot.
So OHA is seeking legislation that would grant Native Hawaiians self-determination over their ancestral lands in Kaka‘ako Makai. Senate Bill 1334, scheduled for Wednesday hearing in the Senate, would allow OHA to build housing on some of its Kaka‘ako Makai parcels.
The residential prohibition was approved to further certain public interests in Kaka‘ako Makai. But the moment OHA received these lands they ceased to be public lands. These are now Native Hawaiian trust lands to be managed by OHA for its beneficiaries. Through this lens, the main arguments for the law in 2006 simply don’t hold up anymore. For example, assertions that Native Hawaiian lands must be used to protect the ocean views and open space for everyone else is insulting.
We understand that our properties sit near a popular shoreline in Honolulu. As an ocean people, we recognize our kuleana of not just protecting the waterfront but enhancing it. Our project will not inhibit access to the ocean. OHA does not own the main points of ocean access used by surfers, swimmers and fishermen. Moreover, our waterfront properties along Kewalo Harbor fall under strict harbor rules, which limit ocean access for safety reasons.
Bearing the scars of poor land-use decisions of previous generations, Kaka‘ako Makai remains largely dormant, featuring empty parking lots and rundown buildings. For instance, a dump filled in a pristine fishery to create the Kaka‘ako Makai peninsula. Our hope is to turn this hardened shoreline into a welcoming environment that brings more of our ‘ohana to this special place.
OHA is just looking for the same freedoms as our neighbors. We want to demonstrate what great stewards and land developers Native Hawaiians can be. We want to build a responsible development that showcases our culture, contributes to urban Honolulu’s economic revitalization and can help address the housing needs of our people and broader public. We are just asking for parity with our neighbors across the street to develop our lands in the best interests of our beneficiaries and the public.
Carmen “Hulu” Lindsey chairs the board of trustees for the Office of Hawaiian Affairs.