OHA report says state may want ceded land settlement
By Johnny Brannon and Vicki Viotti
Advertiser Staff Writers
With claims to ceded land revenue on increasingly shaky legal ground, plans by the Office of Hawaiian Affairs to review options with Gov. Linda Lingle's administration have raised concerns that the state is seeking a total settlement of the issue.
OHA officials say they plan to focus mainly on money they believe the state owes the agency from previous years. But some Hawaiian activists worry that a future sovereign Hawaiian government could lose the ability to seek control of public land and the money it generates.
Fueling suspicions is a confidential report prepared by OHA, which outlines ceded land matters and possible negotiating strategies. A draft of the report, obtained by The Advertiser, mentions the possibility of a complete, or "global," ceded land settlement, but does not expressly call for one.
The report warns that the state may push for such a deal, however, concluding that "any settlement by the state will likely entail a full and final resolution of all claims, which could be made on behalf of Native Hawaiians."
The document suggests that OHA "consider the need for a plebiscite or other means of obtaining approval from the Hawaiian community." But it warns that "this presents a problem if the state desires to have a final settlement without the threat of reversal by persons not involved in the negotiations."
OHA Trustee Boyd Mossman, who was chairman of an ad hoc committee that prepared the report, said it is "absolutely wrong" to suspect that the agency is pushing for a global settlement or has drafted terms for one.
"There's no report that lays out in any way a global settlement," he said.
The report merely outlines ceded land issues for the purpose of negotiations, to guide OHA officials who participate in any negotiations, Mossman said.
"It will be our road map," he said.
He would not provide a copy of the study because of its confidential nature but discussed its contents in general terms.
Even if OHA is not seeking a global settlement, it is something that may come up in discussions, and OHA should be ready, Mossman said.
"The idea is to go there with an open mind," he said. "It's pretty far from our position, but that doesn't mean it can't change. The sentiment of the trustees is not to discuss anything that is of a global nature."
OHA has not yet formally requested that the Lingle administration participate on a ceded land panel, but plans to do so soon, Mossman said.
Randy Roth, Lingle's senior policy adviser, said OHA had made no settlement offer, and that he had not seen the report.
Ceded land is property once controlled by the Hawaiian Kingdom for public purposes or to support the crown. About 1.8 million acres was ceded to the United States on annexation and back to Hawai'i upon statehood.
Mossman said he hoped OHA could reach an agreement with the administration over ceded land payments before the start of the next legislative session in January. During this year's session, lawmakers voted down several bills that would have clarified how much money to which OHA is entitled.
Haunani-Kay Trask, a professor at the University of Hawai'i-Manoa Center for Hawaiian Studies, said the secrecy surrounding the report was bound to raise questions.
"We don't want the state's left hand shaking with the right hand," she said, adding that OHA's interest is as a state agency, not as a representative of the Hawaiian people.
OHA trustees had negotiated with former Gov. Ben Cayetano for a complete settlement to end a lawsuit the agency filed to seek more ceded land revenue.
Cayetano offered to settle the case in 1999 by paying $251 million to OHA and granting the agency direct ownership of 360,000 acres of revenue-producing land. The settlement would have precluded future claims.
OHA's trustees split over the offer and it was rejected amid concerns over how valid the offer was and whether Hawaiians were owed more.
The Hawai'i Supreme Court later struck down a state law that entitled OHA to 20 percent of state ceded land revenue, ruling that the statute conflicted with federal law. The court sent the issue back to the Legislature to resolve, but various proposals have stalled since then.
Trask's sister, Mililani Trask, who was an OHA trustee when the previous offer was made, said the draft report signals a renewed interest in that option.
She acknowledged that a global settlement is only one of the forms of agreement in the report but added that it appears to be one taken seriously by the ad hoc panel. The report considers every possible claim — including fishing rights, water rights and submerged lands — and Trask believes that suggests OHA wants to negotiate an accord on all these issues.
"We can't divide up all the fish in the ocean forever; we can't divide all the rain that will fall in our basins," Trask added. "There will never come a time when Hawaiians get their payoff and leave the state. This is our home."
Another controversial point: The report recommends against making an inventory of ceded lands because of cost and time. Sovereignty activist Kekuni Blaisdell said an inventory is needed to protect the interests of Hawaiians.
"This represents the interest of the state and the United States, not us," Blaisdell said. "They just want to come up with an agreement that's acceptable to them."
Reach Johnny Brannon at 525-8070 or jbrannon@honoluluadvertiser.com. Reach Vicki Viotti at 525-8053 or vviotti@honoluluadvertiser.com.
