Office of Hawaiian Affairs officials yesterday made a last-ditch effort to persuade Gov. Linda Lingle to set aside a U.S. Supreme Court challenge over ceded lands, warning that it could have grave consequences to Hawaiians-only policies if the state is successful.

The U.S. Supreme Court on Wednesday will hear oral arguments in the case pitting the Lingle administration against OHA. At issue is whether the state should be allowed to sell any of the 1.2 million acres of ceded lands.

OHA Chairwoman Haunani Apoliona, at a news conference with other OHA leaders on the lawn of 'Iolani Palace, urged the public to apply pressure on Lingle.

"The state appeal has the potential to undermine all Native Hawaiian programs and assets, as well as undermine the legal basis for Native Hawaiian federal recognition," Apoliona said. "A far-reaching decision by the U.S. Supreme Court could affect OHA's ability to carry out its mission of bettering the conditions of Native Hawaiians."

Lingle could not be reached for comment yesterday. She has previously said that the appeal is necessary to ensure the state has clear title to the land, which was transferred to it at statehood by the United States.

Attorney General Mark Bennett has insisted that the state is not arguing to eliminate programs or funding.

The appeal from OHA was among several developments yesterday concerning the ceded lands case as the nation's high court prepares to hear arguments on the issue. In Washington, D.C., the Supreme Court made a key ruling that benefits the Lingle administration; in Honolulu, the state Senate approved legislation that would restrict the sale of ceded lands by the state by requiring the approval of two-thirds of each legislative house.

The U.S. Supreme Court ruled that acting Solicitor General Edwin Kneedler will be allowed to speak on behalf of the state of Hawai'i on Wednesday. Kneedler will be allowed to use 10 of Bennett's allotted 30 minutes to make its case against OHA.

The solicitor general argues cases on behalf of the federal government before the Supreme Court.

OHA and its supporters had hoped that President Obama's new solicitor general, Elena Kagan, would drop the Bush administration's support of the Lingle administration's position on the case.

But at yesterday's news conference, OHA officials pointed out that Kagan cannot take office until she is confirmed. Kneedler was appointed to the acting post on Jan. 16 by outgoing President George W. Bush and the request to appear before the Supreme Court was made Jan. 29.

"This case concerns whether federal law required or permitted the Supreme Court of Hawaii to enjoin the State of Hawaii from transferring lands that the United States obtained in fee simple absolute upon the annexation of Hawaii in 1898 and granted to the State, to hold in trust, upon its admission to the Union," Kneedler wrote in his petition to appear before the court. "Those issues implicate significant federal interests."

OHA administrator Clyde Namu'o said he does not know if Kneedler will actually appear before the court and argue for 10 minutes on behalf of the Lingle administration.

The ceded lands in question are 1.2 million acres that once was under the control of the Hawaiian monarchy. The United States transferred the land in trust to the state when it was granted statehood in 1959. OHA and four Native Hawaiians last year won a case in the Hawai'i Supreme Court barring the state from selling ceded lands until claims of Native Hawaiians to those lands are resolved. Bennett appealed that decision to the U.S. Supreme Court.

The bill passed out of the state Senate yesterday falls short of a full moratorium on sales of ceded lands that Native Hawaiians had sought. But if enacted, the bill would make it politically difficult for the state to sell or transfer anything more than small portions of ceded lands until Native Hawaiian claims are settled.

The measure now goes to the House. The Senate also approved two resolutions urging the governor to drop the appeal.

Apoliona said events are being planned in at least five Mainland cities to protest the state's appeal of last year's Hawai'i Supreme Court decision barring the state from selling ceded lands until Native Hawaiian claims to those lands are settled.

The biggest event is expected to be a vigil at the state Capitol that will run from 4 a.m. to 4 p.m. Wednesday. It will be led by the Native Hawaiian group 'Ilio'ulaokalani Coalition.

At 5 a.m. Hawai'i time, when the oral arguments are expected to begin in D.C., pahu drums will begin to beat every hour on the hour.