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The Honolulu Advertiser
Posted on: Sunday, August 19, 2007

COMMENTARY
Akaka bill good for Native Hawaiians; failure not an option

By Clyde Namu'o, Office of Hawaiian Affairs Administrator

Hawaii news photo - The Honolulu Advertiser

Clyde Namu'o Office of Hawaiian Affairs Administrator.

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THIS WEEK

Editorial and Opinion Editor Jeanne Mariani-Belding puts Lisa H. Gibson, president of the Hawai'i Science & Technology Council, on The Hot Seat for a live blog chat Tuesday from noon to 1 p.m. at www.Honoluluadvertiser.com/opinion

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Hawaii news photo - The Honolulu Advertiser

Leona Kalima, left, of the Office of Hawaiian Affairs, explained the Kau Inoa movement to Ha'aheo Frias, Pomai Frias and Wenda Namocot as they filled out registration forms. OHA says compiling a registry of Native Hawaiians is the first step in creating a Hawaiian governing entity.

AP LIBRARY PHOTO | May 7, 200

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Have you checked out The Hot Seat? It's our opinion-page blog that brings in your elected leaders and people in the news and lets you ask the questions during a live online chat.

On The Hot Seat last week was Office of Hawaiian Affairs Administrator Clyde Namu'o.

Here is an excerpt from that session.

To see the full conversation, go to The Hot Seat blog at www.honoluluadvertiser.com/opinion and click on the posting titled: "On the Hot Seat: OHA Administrator Clyde Namu'o." (Names of questioners below are screen names given during our online chat).

Kawika Kaina: What is the goal for the Kau Inoa registry? And what does OHA wish to accomplish by registering all Hawaiians? How does Kau Inoa fit in with the various sovereignty movements already present in Hawai'i? Does Ho'oulu Lahui Aloha have the same goal as the rest of the movements? How does it differ?

Clyde Namu'o: The goal of Kau Inoa is to register all Hawaiians regardless of where they live. The first step in creating a Hawaiian governing entity is to create a registry of individuals who are eligible to participate in the creation of the entity. The process of creating a governing entity will probably include a convention of some sort where Hawaiians will decide upon the type of government which they would like to create. Signing up for Kau Inoa does not commit you to a particular form of governance.

Ni: Clyde, you are quoted in last Wednesday's Advertiser as saying: "Our money is not the Hawaiian Homes Commission money," Namu'o said. "The authority for our money comes from the Admission Act that established the public land trust. Obviously the money that (DHHL) gets is specifically for 50 percent Hawaiians. We don't believe that that's true with ceded lands revenue that come off the public land trust."

Do you not realize that the ceded lands revenues slotted for Native Hawaiians in the Admissions Act use the same definition as the HHCA? Specifically, section 5(f) of the Admission Act, in describing the stated use of the ceded lands revenues, states:

"(f) The lands granted to the State of Hawaii by subsection (b) of this section ... shall be held by said State as a public trust for ... the betterment of the conditions of native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as amended[.]"

Given that very clear and unmistakable definition, how can you take the position that you "don't believe (restriction to 50 percent Hawaiian) is true with ceded land revenues"?

Namu'o: It is clear that ceded lands revenues under the Admissions Act were intended to be used for the five enumerated purposes set forth under the law. OHA is charged under the constitution of the state of Hawai'i and the statutes that created OHA with administering to the needs of all Hawaiians. OHA's mission is thus broader than that of the Hawaiian Homes Commission under the law.

K45: How much Section 5(f) monies has OHA spent lobbying for the Akaka bill these past seven years?

Namu'o: Because OHA is lobbying for more than one legal issue at a time, i.e., the Akaka bill and similar measures, it is difficult to determine exactly what portion of the funds spent can be attributed solely to federal recognition. Advocacy is OHA's legal mandate. We are the only state agency and Hawaiian agency with this mandate. The state of Hawai'i stands to lose $50 million to $70 million per year in federal funds currently coming into the state for Native Hawaiian programs without the Akaka bill. State funds may need to be found to fill the void. To prevent these negative consequences, OHA has spent several million dollars in its effort to pass the Akaka bill. This is a small amount in comparison to what Native Hawaiians and the state stand to lose if we do not have a shield from federal lawsuits.

Politically-akamai Geezer: Exactly what are OHA's management plans for Waimea Valley and why all of the great secrecy? Many haoles like myself have tried to think of OHA as a Hawaiian organization but are beginning to view OHA more as a state agency — which it indeed is — because of OHA's failure to be transparent as state law requires regarding your decision-making processes (or a lack thereof) on matters that affect us all. Why so? You have no traditional authority or elective mandate to wield this kind of unfettered autocratic power.

Namu'o: It is not our intention to be secretive. There is a community stewardship hui that we have been working with and met with just last week. Laura Thompson is the chairperson. Please be in touch with us because we want the community to be involved.

Politically-akamai Geezer: So no comment about OHA's plan(s) for Waimea Valley?

Namu'o: OHA is in the process of negotiating an interim lease with the National Audubon Society. We expect that this lease will probably expire sometime early next year. We are in the process of putting together a plan for life after the Audubon Society. Please stay tuned for details. Please also know that the OHA trustees are fully committed to preserving all of the beauty that is Waimea Valley.

Chris: Can you state OHA's current position on development of 875 acres of ocean-front mansions at La'au Point? Peter Nicholas, CEO of Molokai Ranch, has written recently that he is open to alternatives to developing La'au. The bottom line is will OHA support the farmers and the overwhelming majority of the community who voted against the La'au development candidates? Or will OHA support a billion-dollar investment corporation from Singapore?

Namu'o: OHA has not taken a position on the development of La'au Point. OHA has consistently supported farmers and the Hawaiian community to preserve natural resources on all the islands and, in fact, the entire archipelago (as evidenced with Papahanaumokuakea). As to Molokai Ranch, OHA trustees voted to "support the collaborative efforts toward community input and planning." We hope the Moloka'i community will continue its dialogue and work toward identifying a solution that can help to bridge the differing views in the community.

Concerned: I am appalled at the legal attacks on Hawaiians. Having to defend ourselves in court requires the use of trust funds that could be better spent on helping Hawaiians. What can we do to stop the lawsuits?

Namu'o: We are also appalled. The best way to stop the lawsuits is to seek federal recognition. Learn about the Akaka bill and share the information with your 'ohana and friends. Federal recognition is nothing to be feared. In fact, by preserving Hawaiian culture and assets, we help Native Hawaiians to thrive and be fully participatory in the broader society. As Gov. (Linda) Lingle has said, what is good for Hawaiians is good for Hawai'i.

Lonz08: What is OHA doing with its money? I see a new office building in Kapolei. Instead of more scholarships or home loans to Hawaiians who don't have 50 percent. Is OHA for all Hawaiians?

Namu'o: OHA is not planning to construct an office building in Kapolei. The Department of Hawaiian Home Lands is planning a building in Kapolei. In 2005 OHA awarded $5,751,426 in grants to nonprofit organizations in the community who provide services or benefits to Hawaiians. During that same period OHA committed $7,501,426 in multi-year commitments. In 2006, OHA awarded $7,951,689 in community grants with an overall future commitment of $17,846,689. In addition, OHA maintains an aggressive advocacy program to Hawaiians in the areas of native rights, education, health, housing, human services, economic development and governance. At least 20 percent of OHA's overall budget goes directly to the Native Hawaiian community in the form of grants, scholarships and other initiatives.

Ken Adams: With the Kau Inoa movement and in light of the recent lawsuits filed, how do you feel about non-Hawaiians who wish to participate in the decision-making process and should they be allowed to? I would think it would be a benefit to hear alternative points of view to better strengthen your own. Otherwise you do not get the entire picture.

Namu'o: Like other native nations in the U.S., such as the American Indians and Alaska natives, this is an attempt to build a native nation. It is for Hawaiians to come together and decide what their nation will look like. After forming a nation, they may choose to include non-Hawaiians the way other native nations have.

Many Hawaiians have non-Hawaiian spouses and family members who want to show their support for Hawaiians, and so we are considering ways in which they will be able to do so. The Rice decision pertained to state funds for state elections. These are not state funds and this is not a state election.

Robert Ellis: I understand the Hawai'i Committee of the U.S. Commission on Civil Rights is being stacked with folks who oppose the Akaka bill. What is OHA's position on that?

Namu'o: It appears the national Commission on Civil Rights has intentionally appointed people to the Hawai'i committee who oppose the Akaka bill. In fact, they oppose civil rights and affirmative action for all minorities and indigenous people. That is disturbing. They are using the Civil Rights Commission to actually take away the rights of Native Hawaiians and others. OHA submitted nine names for consideration, and not one was selected. We need to speak out about the manipulation and deceit that is going on. Please contact the chairperson, Mike Lilly, and let him know you object to the way his committee is not following procedures outlined in the Federal Register and appears to be fast-tracking a particular agenda.

Kyle K: It seems there is no longer steam behind getting the Akaka bill through. Yet the opposition seems to have it together. What's OHA's strategy anyhow? Wake up, folks.

Namu'o: We're working really hard. We need everyone's help, including yours and your 'ohana, to speak to everyone you know about why this is important for Hawaiians and Hawai'i. Unlike the opposition, we don't rely on push polls and misinformation. The opposition has billions of dollars and a network of think tanks as part of a nationwide agenda. They are a formidable foe, but we believe we will prevail. We continue to work closely with Hawai'i's congressional delegation and Governor Lingle.

Lisa: Do you think that casinos would help or hurt us? The monies could go to Hawaiian programs, etc.

Namu'o: The Akaka bill does not call for gambling. In fact, Hawai'i is one of only two states that do not allow gambling. (The other is Utah.)

Many people in Hawai'i (including Hawaiians) are not in favor of bringing gambling to Hawai'i. As Native Hawaiians, we recognize the opposition to gambling and are culturally sensitive to other peoples' concerns.

John K: Does OHA have any input to Hawaiian Home Lands or any other state agency regarding affordable housing? Also, why hasn't OHA put more information out to the public regarding what OHA does and its goals, accomplishments and activities? OHA needs to be more visible.

Namu'o: We work with Hawaiian Home Lands, although they have their own appointed commissioners, and OHA is in the process of putting together a housing plan that will include affordable housing once it is reviewed and approved by the trustees. OHA has an excellent morning talk radio show that highlights daily various goals and accomplishments and partners. Please tune in to AM 940 KKNE from 7-9 a.m. We also have produced a detailed grants report which highlights all that OHA has given out in the last 2 1/2 years and we would encourage you to review this report on OHA's Web site at www.oha.org

Coral: I am a non-Hawaiian and I want to support Hawaiians. How can I support you?

Namu'o: We appreciate all of the support from the many non-Hawaiians like yourself who have stepped forward. The best way to help Hawaiians is to continue to step forward and be counted by speaking up, writing letters to the editor, and talking to your 'ohana and friends about Hawaiian history and how important the preservation of Hawaiian culture and values is to keeping Hawai'i this very unique place that we call home.

Kekoa: Do you have another plan if the Akaka bill fails, and what is that plan please?

Namu'o: If there is a delay in passing the Akaka bill, there is no reason why the Hawaiian community cannot begin the process of organizing a Hawaiian governing entity. This is why Kau Inoa is so important, and we encourage all Hawaiians to sign up. As regards the Akaka bill, failure is not an option.