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The Honolulu Advertiser
Posted on: Monday, February 23, 2009

Bill offers compromise on ceded-lands fight

In the bitter dispute over who should control ceded lands, it may seem impossible to find a sensible compromise.

But here's one: Senate Bill 1677, which would require a two-thirds vote of approval from both the House and Senate before any ceded land could be sold or exchanged.

The bill is a response to the looming question before the U.S. Supreme Court: Does the state have legal control over ceded lands, including the right to sell or exchange portions of them?

The state says yes; the Hawai'i Supreme Court, the Office of Hawaiian Affairs and other Hawaiian rights groups say no — at least, not until the claims of Native Hawaiians over the lands are resolved.

The nation's highest court is scheduled to hear oral arguments Wednesday. How it will rule is anyone's guess. But a decision in the state's favor would only heighten legitimate fears that Native Hawaiians could have their interest in ceded lands — arguably their most precious asset — sold out from under them forever.

Those fears deserve to be taken into account. Native Hawaiian claims on ceded lands remain unresolved, and the state's right to manage the lands, if upheld, does not settle those claims. By making it more difficult to dispose of ceded lands, SB 1677 at least provides some reassurance that Native Hawaiian concerns over how ceded lands are managed will get a full legislative hearing.

It's not the solution OHA really wants; it has called for a full moratorium. But at the moment, it seems unlikely the Legislature will comply. Bills calling for such a moratorium appear to be stalled.

SB 1677, on the other hand, has cleared the Senate and has moved to the House. And it could have the same practical effect as a moratorium. "... [N]o developer would want to go through the rigor of trying to get the Legislature to approve a sale," OHA Administrator Clyde Namu'o told The Advertiser's Gordon Pang.

SB 1677 won't settle the issue forever. The Supreme Court could rule against the state, which would make the bill irrelevant. Or the Legislature could remove the two-thirds vote requirement in a subsequent session. And the larger issues of Native Hawaiian sovereignty await the outcome of the Akaka Bill, now before the U.S. Senate.

But in the meantime, SB 1677 recognizes that the ceded lands issue is a complex one, which should be handled with care and full public deliberation. The House should approve the legislation.