Monday, February 6, 2023
Hawai'i Free Press

Current Articles | Archives

Thursday, November 17, 2011
Abercrombie, OHA to Propose Yet Another Ceded Lands Deal to Legislature
By News Release @ 10:04 AM :: 5143 Views :: Energy, Environment

News Release from Office Of Attorney General of Hawaii 11-16-2011

HONOLULU – Governor Abercrombie announced today that the State and the Office of Hawaiian Affairs (“OHA”) are discussing an agreement in principle, subject to Legislative approval, relating to ceded lands. This is the first important step in a long process of community and legislative meetings so that the public will have the opportunity to provide input. If ultimately approved, this agreement will finally and completely resolve any and all claims relating to OHA’s share of ceded land receipts under article XII, sections 4 and 6 of the State Constitution, from November 7, 1978 to July 1, 2012.

Governor Abercrombie said of this development: “My administration has been working with the Office of Hawaiian Affairs for months to reach an agreement that is pono, that benefits native Hawaiians, and that is the right thing for the State. The Legislature must still properly consider and vet this proposal and give its final approval, and I look forward to working with the Legislature during that process. So while we are pleased that the State and OHA have reached this agreement in principle, there is still a long way to go. We are optimistic that we’ll get there.”

OHA Chairperson Colette Machado said: “OHA will hold many community meetings for the public to provide its input. OHA’s Board of Trustees agreed to move forward with this proposal because we believe it is good for native Hawaiians. We are grateful to the Governor for working hard to make this happen.”

Settlement Terms
The State and OHA agree that a $200 million approximate settlement amount represents a reasonable compromise of the disputed claims. To satisfy that $200 million amount, the State is conveying contiguous and adjacent parcels in Kaka‘ako Makai. The parcels are near Kaka‘ako Waterfront Park, including Fisherman’s Wharf.

The lands are and will remain under the jurisdiction of the Hawaii Community Development Authority (“HCDA”), and will continue to be subject to HCDA’s zoning and other land use conditions. The lands will be conveyed “as is”, “where is”. OHA will do due diligence investigations on the lands, and can walk away prior to Legislative approval.

The State is not giving up any mineral, surface or ground water rights to this land. The State will also have access rights and easements as reasonably necessary for the benefit and use of its adjoining properties. Additionally, all current leases are still valid and will pass to OHA. Once those leases expire, OHA will decide how to proceed, consistent with HCDA’s master plans and rules.

In exchange for the land, OHA will release, waive and discharge any and all claims that it, and any other person or entity, might make to ceded lands receipts under article XII, sections 4 and 6 of the Constitution, or any related statute or law, for the period from 1978 to July 1, 2012.

The settlement has no effect on claims that might be made related to overthrow or sovereignty, or claims related to ceded lands receipts for future periods, which are currently governed by Act 178 (2006). Pursuant to that Act, OHA’s current annual share of ceded lands receipts is $15.1 Million. The settlement only applies to claims for ceded lands receipts that the State collected between 1978 and 2012.

Background
Article XII, section 4 of the State Constitution, provides that certain lands ceded by the United States to the State of Hawaii as part of the Admission Act (section 5(f)), are held by the State as a public trust for native Hawaiians and the general public. These are known as the ceded lands.

Under article XII, section 6 of the State Constitution, a portion of the income and proceeds derived from the ceded lands are to be used by OHA to better the conditions of native Hawaiians. Since 1978, OHA has made certain claims for payments for ceded lands income and proceeds, and has filed several lawsuits to assert these claims. All lawsuits have been dismissed on grounds that it is up to the Legislature to determine what constitutes the appropriate portion of the income and proceeds derived from ceded lands that are to be given to OHA to administer.

In 2008, a settlement agreement was reached between the Lingle Administration and OHA contingent upon passage of implementing legislation, which did not pass.

---30---

Coverage:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Back da Blue Hawaii

Ballotpedia Hawaii

Better Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT