Posted on: Saturday, August 24, 2002
Candidates best bone up on Hawaiian grievances
Whoever wants to be Hawai'i's next governor had better have more than just platitudes to offer on the issue of native rights; Hawaiians are sure to raise unresolved disputes over land and money this election season.
On the subject of federal recognition, Republican front-runner Linda Lingle says on her Web site: "I support native Hawaiians deciding for themselves whether or not they want federal recognition, and will respect their decision."
And at a forum sponsored by the O'ahu Council of the Association of Hawaiian Civic Clubs, Democratic candidates Andy Anderson, Ed Case and Mazie Hirono all spoke in support of the Akaka Bill, which would extend the kind of federal recognition afforded to American Indian and Alaskan tribes to Hawaiians.
But let's face it, federal recognition by way of the Akaka Bill is in the hands of Congress. Meanwhile, the thorny ceded land dispute is very much the kuleana of the state, specifically the governor and the Legislature.
What it's all about
One way or another, it has to be resolved. Sure, the dispute has a twisted history. But anyone running for office ought to know it. Here's a quick primer:
Ceded lands are nearly 2 million acres of former crown and government lands transferred to the state under the 1959 Admission Act, to be held in trust for public benefits, including improving the lot of Native Hawaiians.
But payments specifically for Hawaiians were not made until after 1980, when the state Office of Hawaiian Affairs began doing business and the Legislature set its share of ceded land revenues at 20 percent.
In 1983, OHA sued the state for additional revenue from harbors, Honolulu International Airport and other entities on ceded lands. But the Hawai'i Supreme Court refused get involved and punted the dispute back to the Legislature.
In response, lawmakers enacted Act 304 in 1990, which provided a mechanism to resolve OHA claims from 1981 to 1990. This resulted in a $130 million settlement for OHA. But in 1994, OHA was back in court seeking revenue not covered in the earlier settlement.
Two years later, Circuit Judge Daniel Heely ruled in favor of OHA's claim for additional revenues. With estimates that the state could now owe OHA hundreds of millions of dollars, the state appealed. Meanwhile, a series of laws were passed to set up an interim revenue stream for OHA.
Act 304 struck down
But that stream dried up last September when the Hawai'i Supreme Court struck down Act 304, saying it conflicted with federal law.
At the same time, however, the high court said that the state was still constitutionally obliged to compensate Native Hawaiians for their historic losses and suggested that the Legislature find ways to meet that obligation.
Thus far, the Legislature hasn't acted.
But mark our words. Hawaiians will be asking questions on how the state plans to resolve the ceded-land dispute. We hope they get answers, because it's in everybody's interest to get the ceded-land dispute settled sooner than later.
