Editorials
Tuesday, April 29, 1997AS Governor Cayetano warned, the Federal Aviation Administration has taken the position that the state's use of airport revenues to make payments to the Office of Hawaiian Affairs violates federal law. The FAA's acting administrator stated that if the $28 million taken from the airport fund for OHA from 1992 through 1995 is not replaced, the state could face withholding of current federal grant payments and of approval of future grants. This would be a double whammy. State OHA payments
from the airport fundThe decision adopts an inspector general's report of last September and comes as no surprise. The governor had cited this problem in urging the Legislature to revise the law providing a portion of revenue from ceded lands to OHA. Part of Honolulu Airport is on ceded land.
OHA Chairman Clayton Hee said he expects Attorney General Margery Bronster to fight the FAA in court, but Bronster said her office would sue only if there appeared to be a sound basis for a suit. At this point, we see no indication that the state has a case and expect that it will be forced to pay up.
Since the state won't get the money back from OHA, it would come out of funds that would otherwise be used to pay for state programs -- to the detriment of the public, in other words. Obviously the problem would not end with the $28 million already paid OHA. If the state continued to pay OHA from the airport fund it would face continued federal demands for repayment.
The problem goes beyond the airport fund to the interpretation of the state law on OHA payments made by former Circuit Judge Daniel Heely, which vastly expanded the potential liability of the state for such payments. The state has appealed that decision to the Hawaii Supreme Court, and the Legislature has decided to hold off on changes in the law until the high court makes its ruling. That decision seems prudent. But if Heely's decision is upheld, the Legislature will not be able to avoid addressing the need to reduce OHA's share.
When the law alloting 20 percent of revenue from ceded lands to OHA was passed, no one anticipated that it would result in a heavy financial burden for the state. At a time of budgetary stringency, it is particularly painful to take these payments out of funds that are badly needed for important state programs -- programs that benefit all the people of the state, Hawaiian and non-Hawaiian alike.
Contrary to the claims of OHA's supporters, there is no basis in law or history for demanding that the current benefits be preserved. If necessary, the Legislature can and should revise the law to keep the OHA payments within reason.
THE Hula Bowl's decision to move to Maui was a gamble, but a pretty good one. Once a premier event in the national football calendar, the Hula Bowl in recent years has been a victim of the proliferation of post-season games. This looks like a shrewd move to keep the Hula Bowl alive. In a broader sense, it should be welcomed as part of the effort to bring more sports and cultural events to the neighbor islands. Hula Bowl on Maui
NEGOTIATING with North Korea requires a lot of patience and tolerance for exasperating behavior. The North kept the United States and South Korea waiting one year for its response to their proposal of four-way negotiations on a Korean War peace agreement. After teasing them awhile, it came up with a new demand: more food aid. That should come as no surprise to anyone who has observed North Korea's foot-dragging tactics. Korean peace talks
The people of North Korea need aid, but the regime should not be allowed to get away with using them as pawns in its diplomatic game.
Rupert E. Phillips, CEO
John M. Flanagan, Editor & Publisher
David Shapiro, Managing Editor
Diane Yukihiro Chang, Senior Editor & Editorial Page Editor
Frank Bridgewater & Michael Rovner, Assistant Managing Editors
A.A. Smyser, Contributing Editor
