The Office of Hawaiian Affairs is expected to announce a settlement with the state today over at least $10.3 million in undisputed revenue payments to OHA, generated from ceded or public trust lands. OHA and state reach deal
on undisputed revenuesBy Pat Omandam
pomandam@starbulletin.com
Details of the agreement, which was reached last night, were not immediately available. But both the Lingle administration and OHA officials confirmed today they have settled the issue.
At issue are quarterly revenue payments that had been made to OHA since 1990 but stopped in September 2001, after the Hawaii Supreme Court struck down a law that defined those revenue payments. The Hawaii justices, ruling on the state's appeal of a Circuit Court ruling that gave OHA additional revenue from other sources of ceded land, has declared the entire law invalid, stopping all revenue payments -- both disputed and undisputed -- to OHA.
OHA, in return, sent a letter last year to then-Gov. Ben Cayetano, asking that he restore the revenue payments that were not in dispute, which they put at about $2 million per quarter-year. But no action was taken.
When the Lingle administration assumed control, OHA reissued the demand letter. Since taking office, Lingle and legislators have been in negotiations with OHA to resolve the back-payment issue and to restore payments in the future.
The state Constitution says OHA is entitled to a share of the revenue generated from public or former trust lands once owned by the Hawaii kingdom that were eventually ceded to the state. OHA is seeking a new law this session to define how those revenue payments should be made.
Office of Hawaiian Affairs State of Hawaii