OHA formally The Office of Hawaiian Affairs is demanding Gov. Ben Cayetano make the state pay $10.3 million in undisputed revenues from ceded land owed to the agency.
demands revenues
The agency delivers a letter to
Cayetano seeking $10.3 millionBy Pat Omandam
pomandam@starbulletin.com
The formal demand letter, delivered yesterday to the Governor's Office, applies only to undisputed revenue owed to OHA from the public land trust.
While the Hawaii Supreme Court invalidated the state law spelling out those payments, the state still has an obligation to pay OHA, said Chairwoman Haunani Apoliona.
"I am sure you will agree that resolution of this matter is long overdue. I invite further discussion of the issues in dispute in the hope that a fair, reasonable and amicable resolution can be reached as a beneficial legacy for the future of Hawaiians," Apoliona said in her letter to Cayetano.
"You must understand, however, that we will not allow renewed discourse to prevent us from using the full range of legal options available to us for the redress of our grievances."
Gov. Ben Cayetano, through a spokeswoman, said trustees should know that OHA must take this issue up with the incoming Legislature because of the Hawaii high court ruling.
In September 2001, the Hawaii Supreme Court struck down a 1990 state law, Act 304, which defined how the state should pay OHA its 20 percent share of revenue from these public trust lands.
The Hawaii high court said the state law conflicted with a federal law and declared it invalid. It then instructed OHA to seek a legislative remedy to the ceded-lands dispute.
Attempts to do so failed during this year's legislative session.
The court, however, did reaffirm the state had an obligation to native Hawaiians.
Colette Machado, OHA trustee, said Hawaiians want to move politically as a people. But to do so, there needs to be more aloha for Hawaiians at the state Capitol.
"It's not about rhetoric anymore. It's about what you are going to do this session," Machado said.
