OHA asks governor for $10.3 million owed by state
By Vicki Viotti
Advertiser Staff Writer
The Office of Hawaiian Affairs has sent a letter to Gov. Linda Lingle requesting immediate payment of $10.3 million to the Native Hawaiian trust administered by OHA, as back payment owed for the state's use of ceded lands.
Advertiser library photo
The letter sent Friday was signed by Haunani Apoliona, chairwoman of the OHA board of trustees, and is the second written demand the board has made of state officials. A similar letter was sent Nov. 1 to then-Gov. Ben Cayetano, who said later he did not have the authority to release the money, since the law enabling such ceded-lands payments had been rescinded.
Gov. Linda Lingle said the court decision "underscores the need for a political solution to the ceded lands issue."
However, Lingle said in an OHA-sponsored debate that night that no additional legislation was necessary, and that the money could come from the state's claims and settlements account.
Lenny Klompus, Lingle's spokesman, said the state's new budget director, Georgina Kawamura, is investigating to see whether there is enough money in that account or elsewhere.
The controversy arose because the Hawai'i Supreme Court tossed out the enabling law, Act 304, a year ago, citing conflicts with federal statutes in the way payments were calculated.
OHA attorneys have said the $10.3 million figure represents back payments that should not have been affected by the court decision because they were not among the calculations in dispute, which were revenue from the use of ceded lands for airports.
Ceded lands are lands formerly controlled by the Hawaiian monarchy that were transferred to federal and then state government control after the overthrow. OHA has drawn revenue from state use of the lands.
In a related matter, Circuit Judge Sabrina McKenna ruled last week that the state can sell ceded lands for a public purpose without committing a breach of trust. The matter is expected to be appealed to the Hawai'i Supreme Court.
That decision Thursday concerns ceded land on Maui and the Big Island where the state planned to develop affordable-housing projects, and is unrelated to the ongoing dispute over revenue owed to OHA from the state's use of ceded lands.
Lingle issued a statement yesterday saying the court decision "underscores the need for a political solution to the ceded lands issue."
She said that by working together, the Legislature, the state congressional delegation and Hawaiian community "should be able to justly resolve this issue once and for all during the coming year."
"The goal," she said, "is a solution that the Hawaiian community will believe is just, and will make sense to non-Hawaiians."
Reach Vicki Viotti at vviotti@honoluluadvertiser.com or 525-8053.
