Saturday, October 19, 2019
Hawai'i Free Press

Current Articles | Archives

Friday, October 04, 2019
OHA Trustee on Mauna Kea: "Where's the revenue from these Ceded Lands?"
By Selected News Articles @ 10:11 PM :: 830 Views :: Greenmail, Higher Education, OHA

Where is the Revenue from 'Ceded Lands' owed to our Beneficiaries?

Question: Should this be the Trustees' major duty as the trust's fiduciary to fight for?

by OHA Trustee Leina'ala Ahu Isa, PhD, Ka Wai Ola, October, 2019

As you know, in Hawai'i, the term 'ceded lands' refers to 1.8 million acres of land that were the crown lands of the Hawaiian monarchy prior to January 17, 1893.  The government of the Hawaiian Kingdom was overthrown by anti-monarchial residents of Hawai'i.  This in turn, led to the formation of a Provisional Government and to the Republic of Hawai’i which was the government that achieved the so-called 'annexation.'

Now known as the Territory of Hawai'i, the former Crown lands were given (“ceded”) to the United States Federal government!  So when the Hawai'i Admission Act made Hawai'i a U.S. state, the lands were transferred to the State of Hawai'i. The Federal Act authorizing the transfer required that the lands be held in 'Trust' and that the revenue from the land be used for five (5) purposes:

1) Support of public education,

2) Betterment of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act of 1920 (this Act did not exist in 1893),

3) Development of home ownership,

4) Public improvements, and;

5) Provision of lands for public use

The Hawai'i State Constitutional Convention of 1978's delegates felt that the 2nd purpose had been largely ignored, and amended the state constitution to create OHA as a means whereby Native Hawaiians could make their own decisions as to investment of ceded lands and collect revenue generated by those lands to fund programs for their people. 

So what happened to the revenue from lands that our airports sit on?

After attending a seminar where former CEO of Hawaiian Airlines, Mark Dunkerley, was the keynote speaker, I learned that the public thinks OHA collects revenue from these airport 'ceded' lands!

'A 'ole!

So the question: What happened?

This is what happened:

"DOT-Airports: On October 21, 1991, President Bill Clinton signed H.R. 2169 known as the Fiscal Year 1998 Transportation Appropriations bill, which contains the OHA forgiveness legislation.  Section 340(c) "Prohibition on Further Diversion" states that ... "There Shall Be No Further Payment of Airport Revenues from claims related to ceded lands, whether characterized as operating expenses, rent, or otherwise, and whether related to claims for periods of time prior to or after the date of enactment of this Act.'' –files.hawaii.gov/dlnr/reports-to-the-Legislature/2009.

So based on this Federal legislation, the Airports Division is NOT responsible for ANY PAYMENTS to OHA! At present, a number of military facilities (including airports) sit on ceded lands. So there, now you have the answer ...

On January 31, 2008, the Hawai'i Supreme Court ruled that the State of Hawai'i must resolve the claims of Native Hawaiians before selling ceded lands ...

And now the issue of Mauna Kea ... where's the revenue from these Ceded Lands?

A hui hou until next month,

Trustee Leina'ala

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

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 Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

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

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

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

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT