One of the most noteworthy measures signed into the law this year by Gov. Neil Abercrombie transfers approximately 30 acres of prime land in Kakaako Makai to the state Office of Hawaiian Affairs (OHA) to resolve past claims.
Here is what the legislation does:
Article XII, sections 4 and 6 of the state Constitution, provides that OHA is to receive "a portion of the income and proceeds" from lands ceded by the United States to the state of Hawaii as part of the Admission Act "as provided by law."
Since the creation of OHA in 1978, until two weeks ago, OHA has asserted various claims against the state for income and proceeds derived from these ceded lands under laws the Legislature enacted prior to 2006. While some of these claims were settled, others remained unresolved. OHA filed three lawsuits that were unsuccessful because the courts held that it was up to the Legislature to determine what portion of ceded land income and proceeds was to be given to OHA pursuant to the Constitution.
Until this law was signed, the Legislature, the governor, OHA and the Hawaiian community had not been able to agree on what constituted a reasonable compromise of the disputed claims. This new law finally and completely resolves any and all claims relating to OHA’s portion of ceded lands income and proceeds from Nov. 7, 1978, through June 30, 2012.
To secure legislation resolving all remaining disputed claims after more than 30 years was indeed groundbreaking, and no small matter.
It is important to note that this legislation resolves past claims only, not future claims. The Constitution continues to provide, as it has since Nov. 7, 1978, that OHA is to receive a share of ceded land income and proceeds as specified by the Legislature.
In his April 15 column, Richard Borreca’s assumption that future claims could be simply "settled" ignores the fact that a constitutional amendment would be required to remove OHA’s right. Since 2006, the Legislature has satisfied this constitutional obligation by relying on a fixed dollar amount, i.e., $15.1 million per year, to specify what OHA’s share is. Until and unless changed by the Legislature, Act 178, which specifies this allocation, fulfills the constitutional obligation.
We recognize that some believe OHA should have gotten more. But there are also people who think that the state should have gotten more, or gotten a better deal. A good compromise often engenders some dissatisfaction on both sides.
Mr. Borreca, citing only one named source and no actual facts or data, grossly mischaracterized this new law and its positive impact for native Hawaiians, as well as all the people of Hawaii.
The governor, OHA, the Council for Native Hawaiian Advancement, the Hawaiian Civic Clubs, the Sovereign Councils of the Hawaiian Homeland Assembly, the 22 senators and 47 representatives who voted fully in favor of the bill on final passage, and countless others, recognize that this is a good deal — and one that was a long time in coming.
By resolving a past contentious issue, the state has cleared a path to foster development within Kakaako Makai, as well as address other issues that affect the Native Hawaiian community and the people of Hawaii.
That is truly historic.