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The Honolulu Advertiser
Posted on: Tuesday, March 18, 2008

Lawmakers should not delay ceded lands deal

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If critics have a compelling reason to delay the settlement on ceded land revenues, they haven't brought it to the table.

The Council for Native Hawaiian Advancement and the Native Hawaiian Education Council both have weighed in against a long-awaited accord struck between the state administration and the Office of Hawaiian Affairs. The agreement gives OHA some property and at least $15.1 million each year to fatten the Native Hawaiian Trust Fund.

The argument against the accord — that finalizing the deal would be premature — doesn't hold water.

The agreement is meant to settle how much revenue OHA should receive annually from the ceded lands, the property that belonged to the Hawaiian kingdom before the overthrow and was later ceded to the U.S. The federal government required upon statehood that the state government had to give over a share of the revenues to benefit Native Hawaiians.

Those beneficiaries should have a voice in how much they get, say various Hawaiian organizations. Robin Danner, president of CNHA, testified to lawmakers that "consultation by OHA should occur to ensure that the priorities of its beneficiaries are understood, prior to negotiations."

What this argument overlooks is that the beneficiaries do have a say. They elect trustees to represent their interests in protecting and building the Native Hawaiian trust, which funds many programs for the community. If the elected OHA board of trustees is doing a poor job, the voters can decide against re-electing them.

Other holes in the logic:

  • Critics point to a court ruling barring the state from conveying ceded lands to a private entity as being relevant, but it's not. The settlement involves land transfer from one state agency to another.

  • Danner maintains Hawaiian homesteaders had no representation in the negotiations. That's an empty argument because homesteaders have no status separate from other OHA beneficiaries in the ceded lands issue; the Hawaiian Homes trust is a separate matter altogether.

  • This deal does not settle the final disposition of ceded lands; lawmakers can simply add clarifying language if that is even in doubt.

    OHA's unpopularity with some seems to have colored this dispute. But allowing such bickering to intrude into this deal simply prolongs the uncertainty over trust funding, and for no good purpose.

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