OHA, lawmakers
passing blameThey point at each other because there
was no bill to resolve a money controversy
State lawmakers and Office of Hawaiian Affairs trustees are blaming each other for the Legislature's failure to pass any measure that could have resolved how much money OHA receives from public trust land revenue.
OHA Chairwoman Haunani Apoliona blamed freshman House members for the inaction this year to restore an 11-year-old ceded-lands law, struck down in 2001 by the Hawaii Supreme Court. She said freshmen on the Finance Committee did not fully understand the ceded-lands issue.
"The whole issue is rather complex and multilayered, and there have been all kinds of litigious obstacles along the way," Apoliona said yesterday, a day after the 2003 session ended.
"Especially, I think, the freshman legislators may or may not have the full picture of the details on this issue," said Apoliona, who added if trustees decide to again push for a new law in 2004, they will ensure legislators are briefed.
Both the House and Senate supported during this session the creation of a task force to study the ceded-lands dispute, which has gone from the courtroom to failed negotiations and on to the Legislature over the past seven years.
Lawmakers said they decided early this year not to rush into a resolution of the disputed revenue because the Lingle administration and the Legislature provided OHA with $12.3 million in back payments from undisputed revenues from ceded lands, as well as an interim revenue stream.
Scott Saiki (D, Makiki), House majority leader, explained the task force bill was shelved at OHA's request.
"I think what we wanted to do is see if the administration will take the lead on that issue," Saiki said. "I think there was just disagreement. I wasn't sure if OHA wanted the Legislature to be involved. So there were some questions about it."
Sen. Colleen Hanabusa (D, Waianae), majority leader and Judiciary Committee chairwoman, said trustees wanted the backing of the Lingle administration before they sought a permanent ceded-lands resolution from lawmakers. "OHA lobbied us to kill the (task force) bill," said Hanabusa.
The state Admissions Act of 1959 requires a portion of revenue from ceded lands be used for the betterment of native Hawaiians. These lands are former kingdom lands "ceded" to the United States in 1898 and then given to the state as public lands.
OHA's problem is a result of a 1996 Circuit Court case in which then-Judge Daniel Heely ruled the state agency was entitled to revenue from additional sources of ceded lands, including money from duty-free stands at Honolulu Airport.
The state appealed the Heely decision, which eventually found its way to the Hawaii Supreme Court. The justices ruled only after extensive negotiations between OHA and the state failed.
Instead of deciding how much revenue was owed to OHA, on Sept. 12, 2001, the high court invalidated the 1990 state law, known as Act 304, which calculated those ceded-land payments. The court ruled the state law conflicted with a federal law dealing with airport revenues.
Even so, the justices stated OHA is still entitled to a share of revenue from public lands and that a new state law was needed to correct the problem.
State of Hawaii Office of Hawaiian Affairs