Friday, October 23, 1998



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OHA decides on issues,
not specifics of negotiations

By Pat Omandam
Star-Bulletin

Tapa

Land, cash and power.

Those elements will likely frame the proposed package that the Office of Hawaiian Affairs will put on the bargaining table to settle claims over past-due revenue from ceded lands.

But which lands, how much money and what kind of power OHA wants from the state are major decisions that its negotiating team has yet to bring to the board for approval.

After an hour of discussion in closed session yesterday, OHA's ad-hoc committee on entitlements and negotiations publicly adopted the elements of the settlement package.

Also, trustees authorized the negotiation team to make decisions, but subject to board approval, said Chairwoman A. Frenchy DeSoto.

"What we did today was that we agreed to the elements of a proposal to the state to settle the past-due (claims)," DeSoto said.

"Those elements consist of cash, land and other. The 'other' being permitting processes that perhaps can be defined as some powers, permits. Things like that for the Hawaiian community -- fishing and hunting (permits)," she said.

State team leader Sam Callejo yesterday declined to discuss any aspect of the negotiations.

The talks stem from a 1996 ruling by Circuit Court Judge Daniel J. Heely that said OHA could sue for ceded land revenue generated from four areas: housing sales and rentals, Hilo Hospital patient services, off-site Duty Free Shoppers and interest income.

With past-due revenue estimates as high as $1.2 billion, DeSoto and Gov. Ben Cayetano -- both up for re-election in 11 days -- announced plans this summer to resolve the issue by Dec. 1, abiding by a Hawaii Supreme Court suggestion that the issue be settled out of court.

Depending on how far the settlement talks have progressed by then, both sides could ask the justices for more time to broker a deal or leave it up to them. The high court heard oral arguments on the case last April.

By law, OHA is paid 20 percent of the revenue derived from ceded lands for the betterment of native Hawaiians, one of the five uses of the public trust land.

OHA's team includes DeSoto, trustees Haunani Apoliona and Herbert Campos, attorney James E. Duffy Jr. and consultant Norma Wong. Key negotiators for the state include Callejo, Cayetano executive assistant Joseph Blanco and researcher Janet Kawelo.

DeSoto described the four meetings so far as cordial. In fact, during the last meeting, DeSoto said Blanco spiced up the lunchtime conversation with dinuguan and pinakbet, Filipino food dishes he knows DeSoto enjoys.

"We're really not hostile to each other. Not yet at least," she said.

DeSoto said the suggestion of free tuition at the University of Hawaii for all Hawaiians has not yet been discussed.

The next round of talks was set for Monday but postponed after a member of the state team could not attend because of a trip to the mainland, DeSoto said. No new date has been set.



January '97 OHA
Ceded Lands Ruling



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