Honolulu mayor says homeless worse than rats, DOE mulls school closure, Hirono visits Maui, Kauai, APEC holds photo contest, Hawaii reapportionment plans public, more news from all the Hawaii Islands

Abel Lui (c) 2011 All Hawaii News

A state panel sympathetic to Native Hawaiians living on a disputed Kawaa Bay parcel is assuming oversight as battles rage in court over ownership and access rights. West Hawaii Today.

The Asia-Pacific Economic Cooperation is holding a photo contest open to all photographers living in any of the communities participating in APEC. KHON2.

This year, 15 pedestrians have died on Hawaii roads, 12 of them on Oahu. Two were on Maui, and one was on Hawaii island. Star-Advertiser.

With just one Hawaii high school reaching the high proficiency benchmarks set under the federal No Child Left Behind law this year, administrators are turning to the accreditation process to provide parents a better understanding of whether their schools are making the grade. Star-Advertiser.

The state agreed to 10 "concessions" in its effort to get the Hawaii teachers union to agree to a "last, best and final" offer that included pay cuts and furloughs. Civil Beat.

Against a backdrop of local slowing and deteriorating conditions in the U.S. and global economy, Hawaii will see only modest growth in 2012. Hawaii Reporter.

The Hawaiian monk seal — the nation's most imperiled marine mammal — is on the verge of getting its own emergency room. Associated Press.

Oahu

Honolulu's homeless problem is so troublesome that Mayor Peter Carlisle says it's worse than a rat infestation.. Civil Beat.

After state officials evicted the homeless who took refuge under the freeway viaduct, the squatters moved across the street. KITV4.

Likelike Elementary School is the latest Hawaii public school that could be closed in order to save the state money. Hawaii News Now.

If at first you don’t succeed, try, try again. That’s what Bombardier Transportation    (Holdings) USA is doing as it attempts to win the core systems contract for City and County of Honolulu’s $5.3 billion rail project. Pacific Business News.

Now that it has decided to include various nonresident populations in the overall population base, the City Council Reapportionment Commission is preparing to draw its new set of political boundaries for Oahu's nine Council districts. Star-Advertiser.

A City Council Reapportionment Commission meeting takes place on Wednesday, September 7 in Honolulu Hale. Hawaii Independent.

Hawaii

Honeybees. They're responsible for pollinating one-third of the food we eat, but could humans be putting them in peril with the pesticides we use? West Hawaii Today.

Three Puna roads stand to receive a combined $450,000 face-lift that won't cost local taxpayers a dime. Tribune-Herald.

The Keaukaha Panaewa Farmers Association hopes to spark that revolution with the opening of its Hawaiian Farmers Market. Tribune-Herald.

Maui

U.S. Rep. Mazie Hirono brought together about two dozen experts recently to help island residents facing the prospect of losing their homes to lenders or their life savings to scam artists. Maui News.

The Maui Native Hawaiian Chamber of Commerce presented its third annual Ko'i Awards on Friday evening to three Mauians and a business for showing excellence in leadership, diligence in action and responsibility to their native community. Maui News.

Kauai

U.S. Rep. Mazie Hirono says the president will speak to Congress on Thursday to make a bipartisan effort to move the economy. Garden Island.

The 21st annual Hawai‘i International Tropical Fruit Conference kicks off Friday on the Big Island and continues with consecutive “After the Conference” gatherings on Kaua‘i, O‘ahu and Maui. Garden Island.

A project on Kauai is paying tribute to victims of the 9/11 attacks by encouraging acts of kindness. Associated Press.

Molokai

Molokai public schools have joined many in the state participating in a program that aims to raise students’ test scores. Hawaii Public Radio.

U.S. Fish and Wildlife Service is seeking comments on a draft conservation plan for Molokai’s Kakahai`a National Wildlife Refuge. Molokai Dispatch.

Native Hawaiians increase, union claims airport mismanagement, Abercrombie fires Aloha Stadium board, Hawaii County to evict native tenants, feds look again at monk seal, honu turtle, more news from all the Hawaiian Islands

Native Hawaiian fisherman (c) 2011 All Hawaii News

The population of Native Hawaiians in Hawaii jumped by more than one-fifth over the last decade, continuing a resurgence in the once-dwindling numbers of indigenous people in the state, according to new U.S. Census information. Associated Press.

Hawaii County and a landowner trying to sell the county pristine Ka'u oceanfront property have been granted preliminary authority to remove a group of Native Hawaiians living there. West Hawaii Today.

New figures from 2010 U.S. Census show that Filipinos and part-Filipinos now make up the second-largest racial group in Hawaii. Hawaii News Now.

Members of the Aloha Stadium Authority said they were stunned to be asked for their resignations in letters this week from Gov. Neil Abercrombie. Star-Advertiser.

Governor Neil Abercrombie is not shying away from his comments last week that paying $4-million to the NFL for future Pro Bowl games is out of whack with the state's priorities. KHON2.

I told you so. That's what Hawaii foreclosure attorneys were probably thinking after the news broke that mortgage giant Fannie Mae said it was converting all of its non-judicial foreclosures into judicial foreclosures, essentially skirting Hawaii's new foreclosure law. Civil Beat.

Certain tax exemptions were previously put in place to de-pyramid or prevent the piling on of GE tax on top of GE tax along the supply chain in things like shipping, construction subcontractors and certain airline costs. That's changing this summer. KHON2.

Mismanagement, inadequate equipment and a staffing shortage are to blame for the actions of dozens of Transportation Security Administration employees at Honolulu International Airport who are being fired for improper bag screening, labor union officials said. Associated Press.

State officials are discontinuing a program that helps low-income seniors pay for Medicare prescriptions. Associated Press.

Kaua‘i’s first woman prosecutor has announced her intent to seek reelection in 2012. Garden Island.

Mayor Billy Kenoi's veto of the amended operating budget has set up a potential showdown between his administration and the County Council, two weeks before the start of the next fiscal year. Tribune-Herald.

Obama administration officials visited Hawaii on Thursday to hear opinions on how it should shape a new national policy on oceans. Associated Press.

The Hawaiian Green Turtle, or Honu, has recovered so well since being classified as "threatened" under the Endangered Species Act in 1978 that its federal protection may be removed. Hawaii News Now.

Due to the rapid decrease in the Hawaiian monk seal population, the National Oceanic and Atmospheric Administration Fisheries Service has proposed to revise the critical habitat area for monk seals, and is inviting public comment. Molokai Dispatch.

The path to a sustainable food future for Hawai`i involves many things, including an economically viable plan, government and public support, and a fresh perspective. But a key concern for farmers, some say even more so than land, is water. Hawaii Independent.

Military Spouses Get Help with Education and Employment. Hawaii Public Radio.

Global Horizon CEO Mordechai Orian: I am looking forward to my trial. Hawaii Reporter.

Hawaiian Telcom plans to close its five retail stores statewide and has notified 103 employees that their positions will be eliminated as part of what the company calls a "re-alignment." KITV4.

Hawaii hotels saw occupancy levels dip during the week ending June 11. Even so, average room rates still were higher than a year ago, according to Smith Travel ResearchbizWatch and Hospitality Advisors. Pacific Business News.

Looking for more sources of revenue through additional lease space, landowner Kamehameha Schools hopes to "revitalize" a block of historic Haleiwa Town that is home to the popular Matsumoto and Aoki shave ice stores — a change prompting some businesses there to rethink their future. Star-Advertiser.

Safeway will be anchor tenant of the Maui Lani Center, across Kaahumanu Avenue from Baldwin High School, the largest grocery retailer in North America announced Wednesday. Maui News.

Obama expected tomorrow, Native Hawaiians organize, sea snake spotted, Maui government takes shape, rat lungworm hazard up, dreaming of a wet Christmas, more Hawaii news

Photo (c) 2010 All Hawaii News

Native Hawaiian leaders plan to start forming their own new but unrecognized government following the failure of federal legislation to do so. Associated Press.

Under the gaze of colorful stained glass and a packed-in-the-pews audience in St. Andrews Cathedral, Haunani Apoliona made her final speech as longtime chair of the Office of Hawaiian Affairs. Hawaii News Now.

The Office of Hawaiian Affairs is now under the leadership of longtime grass-roots activist Collette Machado, who was elected chairwoman yesterday. Star-Advertiser.

While the White House is not saying when President Barack Obama will arrive in Honolulu to begin his Christmas vacation, flight restrictions indicate the president will not arrive until early Thursday. Hawaii News Now.

President Barack Obama is expected to arrive in Hawaii this week. But Hanauma Bay, one of the places he visited last year, took a hard hit by Mother Nature over the weekend. KITV4.

U.S. Rep. Charles Djou of Hawaii, who lost a bid for re-election last month, has delivered his final speech on the House floor. Associated Press.

Gov. Neil Abercrombie turned to present and past legislative experience in filling two Senate vacancies yesterday. Star-Advertiser.

State Rep. Maile Shimabukuro and former Sen. Malama Solomon are being appointed to the Hawaii Senate by Gov. Neil Abercrombie. KHON2.

Gov. Neil Abercrombie Tuesday made two appointments to the State Senate: Rep. Maile Shimabukuro to represent Senate District 21, and Malama Solomon, Ph.D., to represent Senate District 1. Hawaii News Now.

State Rep. Maile Shimabukuro and former Sen. Malama Solomon are being appointed to the Hawaii Senate by Gov. Neil Abercrombie. KITV4.

Hawaii's population increased by 12.3 percent to almost 1.4 million residents in the past decade, according to U.S. Census Bureau data released yesterday. Star-Advertiser.

Hawaii's booming economy at the beginning of the last decade may have lead to a boost in the state's population. KHON2.

The islands grew faster than the nation as a whole, but will hold steady at two congressional seats. Civil Beat.

Hawaii’s liability for public worker pensions ballooned by $900 million during the latest fiscal year, raising the possibility that lawmakers will have to increase funding for the state pension plan. Hawaii Reporter.

Health experts say they're seeing an increase number of people in Hawaii contract rat lungworm. KHON2.

Moist and unstable air over the islands and soil already saturated with water from rains earlier in the week could still lead to flash floods, the National Weather Service says. Star-Advertiser.

New Airport Corridor Already Leaking. KHON2.

U.S. Sens. Barbara Boxer and Dianne Feinstein have called on the Environmental Protection Agency to protect the public from hexavalent chromium following a report that found the carcinogen in the tap water of 31 cities across the country. Associated Press.

Federal prosecutors collected about $2.9 million from criminal and civil actions in Hawaii during the most recent fiscal year. Associated Press.

After a six-month deferral, the Kaua‘i County Council on Wednesday approved a resolution establishing a policy for facilitating open governance and Internet access to public documents. Garden Island.

Power was fully restored at Ala Moana Center yesterday, but retailers were still tallying the damage from lost Christmas sales at Hawaii's largest shopping center following three outages over three consecutive days. Star-Advertiser.

On Sunday, the City and County of Honolulu’s Department of Environmental Services responded to multiple sanitary sewer overflows across Oahu, caused mostly by heavy rains. Hawaii Independent.

Sewage, it's a recurring problem in Kailua. Hawaii News Now.

A Big Island company is resurrecting the dream of waste-to-energy conversion in West Hawaii. Tribune-Herald.

Bi-monthly monitoring of tiny African wasps enlisted to keep a big pest -- the Erythrina gall wasp -- under control show the flying assassins are "working very well" and the counter attack has been successful. West Hawaii Today.

Mayor-elect Alan Arakawa has announced the appointment of Rob Parsons as his environmental coordinator. Maui News.

Maui County Council members spent much of their last meeting Friday saying "aloha" to four of five departing members. Maui News.

After 10 years in the Makawao-Haiku-Paia residency seat, outgoing Council Member Mike Molina said he won't be out of public service for very long. Maui News.

The Army has announced the deployment of several major units to Afghanistan, including the 3rd Infantry Brigade Combat Team based at Schofield Barracks on Oahu. Associated Press.

Deadly sea snake found at Ke'ehi Lagoon. KHON2.

A handful of North Hawaii boaters still in possession of a Kawaihae Deep Draft Harbor mooring permit got notice last week that the agency that used to issue those permits won't be issuing renewals. West Hawaii Today.

The building that formerly served as Hilo headquarters for C. Brewer & Co. is on the market for $9.5 million. Tribune-Herald.

Akaka Bill again in jeopardy, civil unions on potential veto list, Army makes nice with natives, taxes going up, bus spy-cams tested, more news from all the isles

After a 10-year slog, supporters of the Native Hawaiian federal recognition bill think they have their best chance yet to pass the legislation. Civil Beat.

The Army is trying to improve the often antagonistic and deeply distrustful relationship it has long had with many Native Hawaiians. KITV.

The civil unions bill is likely to be on Governor Linda Lingle's list of potential vetoes when it's released Monday. KHON2.


The emotional nature of civil unions has Gov. Linda Lingle giving herself the full amount of time available by law to make, then explain her decision. Star-Advertiser.

Gov. Linda Lingle returned Saturday from a two-week journey to Asia confronting the same thorny question as when she left - to sign or veto legislation that would allow gay couples to form civil unions. AP.

Maintaining Hawaii Island's agricultural diversity is dependent on residents sharing seeds, and the Hawaii Island Seed Exchange provides the venue for people to do just that. West Hawaii Today.

On his first trip back home, newly elected U.S. Rep. Charles Djou yesterday defended his call for a waiver of the Jones Act to allow foreign-flagged ships to respond to the Gulf of Mexico oil spill and his use of taxpayer-funded automated phone calls to connect with Hawaii voters. Star-Advertiser.

Honolulu has now had its first experience with the new homeowner category of real property taxation. Garden Island.

All Kauai County rates will increase slightly, but the move will mostly affect households that use more than 35,000 gallons of water a month. Garden Island.


To save an estimated $3.5 million, Maui County will furlough most of its employees for 12 days in the fiscal year that begins July 1. Maui News.

After testing surveillance cameras out last month, the city is now reviewing nine bids on the project. KITV.

As robotics experts from around the world continue to work with submersibles to stanch the flow of oil into the Gulf of Mexico, the next generation of experts will be honing their skills right here in Hilo. Hawaii Tribune-Herald.

The isolated peninsula of Kalaupapa could be an evacuation nightmare in the event of natural disaster, but thanks to new evacuation plans and facilities for the settlement, there will soon be less reason to worry. Molokai Dispatch.

A total of 12,867 vehicles were towed during a recent four-month period that ended June 15, according to Honolulu police. Star-Advertiser.

They've taken on all comers and over the last 5 years the Pure Light Canoe Club has won more races than they've lost. Hawaii News Now.

Money, not sovereignty, for Native Hawaiians

The U.S. Com- mission on Civil Rights has sent a letter to congres- sional leaders urging opposition to the Native Hawaiian Government Reorganization Act, also known as the Akaka Bill.

Programs focused on career preparation and technical training for Native Hawaiians will soon receive almost $12.2 million from the federal government.

The "Mighty Mo," the World War II battleship best known for hosting the formal surrender of Japan in 1945, is heading to the shipyard for repairs.

Superintendent Patricia Hamamoto says she intends to again seek the authority to replace the principals, most teachers and other staffers at public schools that have consistently failed to meet federal No Child Left Behind requirements in light of a push by President Obama's administration for school districts to turn around the lowest-achieving public schools.

Selling Hawaii could be considered the easiest job in the world.

Kapoho Beach Lots -- This half-mile stretch of coastline is unlike any other in Hawaii, a kind of Shangri-La of the Pacific.

HILO -- It would be the largest disposal of assets in Hawaii County history. Yet for the past seven years, county officials have been working behind the scenes to fast-track and avoid public scrutiny of the sale of millions of dollars in county-owned land.

Plant quarantine officials said last week that laying off more than half the state's agricultural inspectors would create such a logjam at Hawaii ports that it could cause shortages similar to those seen during shipping strikes.

LIHU‘E — Clunk. That’s the sound of an anchor being dropped on one of Hawai‘i’s most vital ecosystems — coral reef.

Residents of Kalama'ula on Moloka'i were allowed to stay in their homes as shifting winds pushed away a brushfire that had scorched more than 6,000 acres, threatening the Hotel Molokai, injuring a firefighter and burning a carport.

U.S. Supreme Court rules against OHA

News Flash!

Tip of the hat to Robert H. Thomas for getting us the opinion fast:

http://www.inversecondemnation.com/files/07-1372-1.pdf

U.S. Sen. Daniel K. Akaka issued the following statement today in response to a ruling of the U.S. Supreme Court on Hawaii v. Office of Hawaii Affairs:

“I will continue to monitor the case as it is taken back up by the state courts. I still believe the best way forward is through direct negotiations between the state and federal governments and a federally recognized Native Hawaiian government. For these issues to be resolved, Native Hawaiians need a seat at the table. Mainland indigenous people have this opportunity and Native Hawaiians deserve the same chance.”

House committee advances ceded lands bill

HONOLULU – A compromise giving the Legislature final approval over the sale of ceded lands is moving forward, even as the highest court in the land mulls over Native Hawaiians' wishes to keep the land in trust until a new Hawaiian nation can be created.

The House Hawaiian Affairs Committee just approved SB 1677, which unanimously passed the Senate last month. The bill, sponsored by Sen. Clayton Hee, requires a two-thirds vote of each house of the Legislature before ceded lands can be sold.

Ceded lands are lands once owned by the Hawaiian monarchy but ceded to the state to be held in trust for Hawaiians. Ceded lands comprise 1.2 million acres of land on all Hawaiian islands - about 29 percent of the total land mass of the state and more than 90 percent of state-owned lands.

Attorneys for the state Attorney General’s Office and the Office of Hawaiian Affairs argued their case Feb. 25 before the U.S. Supreme Court. It’s not known when the court will issue an opinion.

The bill has three more committee stops before reaching the House floor.

The Attorney General’s Office urged the committee to amend the bill so that ceded lands sales are treated like other commercial land sales. In those cases, the Legislature has the ability to disapprove a land sale or exchange after the state administration has negotiated to a final offer. The Senate bill, in contrast, requires legislative approval in advance.

“… There does not appear to be a pressing need for this bill,” at all, noted Attorney General Mark Bennett in testimony to the committee.

The Office of Hawaiian Affairs, on the other hand, believes the bill doesn’t go far enough, but is better than nothing. Numerous testifiers agreed with that philosophy.

“Hawaiian lands were never ceded, they were stole and taken illegally,” said Kelly Anne Beppu, a University of Hawaii graduate student in social work. “By allowing the state of Hawaii to sell these ceded lands, we are teaching our children that it is acceptable to lie, deceive and steal. I know I don’t want my children to grow up in a government that values those things."

Hawaiians in da House (and the Senate)

HONOLULU -- More than 300 people chanted, danced, blew conch shells and beat drums in the Capitol Rotunda starting at 4 a.m. and continuing well into the afternoon today, protesting the ceded lands case being heard in the U.S. Supreme Court.

Details of the oral arguments by attorneys for the Gov. Linda Lingle administration and the Office of Hawaiian Affairs, as well as a transcript, are well-documented here by Honolulu land-use attorney Robert Thomas.

The Hawaii Legislature has also leapt into the fray.

The House and the Senate have passed SCR 40, urging the administration to drop the appeal.

A more substantive bill, SB 1677, requires a two-thirds vote by the Legislature before ceded lands can be sold. It unanimously passed the Senate on Feb. 20 and will be taken up by the

Ceded lands bills moving forward

With oral arguments in a U.S. Supreme Court case just weeks away, committees in both houses of the Legislature advanced bills today reining in the state administration’s ability to sell ceded lands.

The alii (chiefs) of the Royal Order of King Kamehameha I, wearing their trademark red and yellow capes, dominated the front row of committee rooms and were among the dozens who testified in support of a moratorium on the sale of Ceded lands.

Ceded lands are lands once owned by the Hawaiian monarchy but ceded to the state to be held in trust for Hawaiians. Ceded lands comprise 1.2 million acres of land on all Hawaiian islands - about 29 percent of the total land mass of the state and more than 90 percent of state-owned lands.

Eight bills were being heard in their first committees today, ranging from an outright ban of the sale of the lands (HB 1667, HB 1805, HB 1841, HB 902, SB 1085, SB 475) to the requirement that the Legislature approve each deal by a two-thirds majority (SB 1677, SB 476).

All of the House bills moved forward unanimously, with HB 1805 further modified to include the two-thirds requirement favored by the Senate.

At most immediate issue is the Lingle administration’s appeal to the U.S. Supreme Court of a Hawaii Supreme Court opinion that placed a moratorium on the state selling ceded lands until an agreement could be worked out between the state and the Native Hawaiian people. That case is scheduled to be heard in Washington D.C. on Feb. 25.

Attorney General Mark Bennett, one of the few opponents testifying about the bills, said passing legislation now is wrong from both a legal and a political perspective.

“The bill raises the potential for additional federal court lawsuits against the state by persons oppose3d to government programs that provide benefits to Native Hawaiians,” Bennett said. “We also believe that it makes sense as a policy matter for the state to retain flexibility as to the use and management of its land.”

Clyde Namuo, administrator for the Office of Hawaiian Affairs, which is battling the state administration in the lawsuit, said he and Bennett have worked side-by-side preserving Native Hawaiian rights in the past. But now, he said, he’s reaching a new understanding.

“Eight years ago when I joined OHA, I wondered why Native Hawaiians seemed so angry,” Namuo said. “Listening today to this discussion, I finally get it.”

Lingle held in effigy as Hawaiians converge

WAIKIKI – They have their differences among themselves, but all were united in their anger toward Hawaii Gov. Linda Lingle.

Thousands of Hawaiians and “Hawaiians at heart” marched in the streets of Waikiki today and converged in Kapiolani Park to commemorate the 116th anniversary of the overthrow of the Kingdom of Hawaii.

Even though a century has passed since U.S. forces came to the aid of a Hawaii provisional government and forced Queen Liliuokalani to abdicate her throne – and 50 years has passed since statehood – disputes between the Native Hawaiians and the state government are, if anything, becoming even more inflamed.

At most immediate issue is the Lingle administration’s appeal to the U.S. Supreme Court of a Hawaii Supreme Court opinion that placed a moratorium on the state selling ceded lands until an agreement could be worked out between the state and the Native Hawaiian people. That case is scheduled to be heard in Washington D.C. on Feb. 25.

Ceded lands are lands once owned by the Hawaiian monarchy but ceded to the state to be held in trust for Hawaiians. Ceded lands comprise 1.2 million acres of land on all Hawaiian islands - about 29 percent of the total land mass of the state.

Protesters carried a huge effigy of Lingle, along with signs saying “Lingle thou shalt not steal,” “Return stolen ceded lands” and “America get your ass out of Hawaii.”

Lingle could not be reached for comment today, a Saturday, but she has defended her administration’s actions in the past.

“Anyone who characterizes our taking this case to the United States Supreme Court as somehow being against Hawaiian rights is simply misrepresenting our position on the situation,” Lingle said in a Nov. 24 news conference defending the state’s stance. “The issue involving the ceded lands is an important one for the state because it affects all the people, the Native Hawaiians and non Native Hawaiians.”

Putting a price tag on the Akaka Bill

Passage of the Akaka Bill could cost the state of Hawaii as much as $689.7 million annually in lost revenues, according to a study being released Thursday by the Grassroot Institute, which opposes the measure.

The Native Hawaiian Government Reorganization Act of 2007 (S.310 and H.R.505) in the 110th Congress, also known as the Akaka Bill after sponsor Sen. Daniel Akaka, D-Hawaii, proposes to create a sovereign Native Hawaiian Governing Entity within the state of Hawaii. The bill stands its greatest chance yet of passage thanks to a Democratic majority in Congress and President-elect Barack Obama’s support.

A Grassroots Institute spokesman said this is the first study on the economic impacts of the proposed bill, which is expected to be re-introduced in the new session of Congress. It was co-authored by the Beacon Hill Institute.

"The Economic Impact of the Akaka Bill: Unintended Consequences for Hawaii is a straightforward look at how passage of the bill would hurt Hawaii business while pitting neighbor against neighbor," said Grassroot Institute President Jamie Story in a statement. "Regardless of one’s feelings about the Akaka Bill and its benefits or shortcomings, it is vital to examine the economic impact of the bill on Hawaii’s people. This study demonstrates the irreversible economic damage the Akaka Bill would do to Hawaii, and we hope Washington DC officials will take this into consideration.”

The group plans a news conference at 10:30 a.m. Thursday in front of the Queen Liliuokalani statue near the Capitol.

Lost revenues could come from the transfer of land to a Native Hawaiian governing group, taking land out of the state’s tax base, as well as the loss of excise and income taxes and land lease revenues, according to the study

Questions about the fiscal impact of the Akaka Bill surfaced Tuesday in a joint meeting of the state House Finance Committee and Senate Ways and Means Committee. The money committees were being briefed on the proposed $40 million operating budget of the Office of Hawaiian Affairs when Rep. Gene Ward, R-Hawaii Kai, asked about the fiscal impact if the bill passes.

OHA Administrator Clyde Namuo said a cost can’t be affixed to the bill, because the bill allows for many different scenarios.

The highest cost would come about if Native Hawaiians decided to set up reservations as a method of self-governance, where they would have their own government, including criminal and civil laws and the infrastructure to deal with it.

“It’s permitted in the bill, but if you ask me, do I think the Hawaiian people would want that, that is not my sense,” Namuo told the committees. “A system similar to Native Indian reservations is possible … I don’t think people would want that … but the bill allows that discussion to occur.”

Hawaiian protest peaceful

A couple dozen people waved signs in front of the Capitol and
Wash-
ington
Place
today, in the first of several pickets planned to protest the state’s plans to sell some of its ceded land.

The dispute has reached the U.S. Supreme Court, where it is scheduled for oral arguments Feb. 25.

Protesters next plan a Jan. 17 march down Waikiki to Kapiolani Park.

Hawaiian land protesters hope to draw Obama's eye

Native Hawaiians in a land dispute with the state that has advanced to the U.S. Supreme Court plan a Dec. 26 rally at the state Capitol to try to draw President-elect Barack Obama’s attention to their battle. Obama is currently vacationing on Oahu.

The rally is set for 10 a.m. to 4 p.m. on the Beretania Street side of the Capitol, fronting Washington Place. Organizer Vicky Takamine said in an email the rally is “to bring awareness to (Gov. Linda) Lingle's immoral claim that the state has the right to sell and/or transfer Hawaiian ceded lands … We're hoping to draw media attention while Obama is here for his vacation and urge him not to meet with her.”

The case centers on ceded lands - lands once owned by the Hawaiian monarchy but ceded to the state to be held in trust for Hawaiians. The Hawaii Supreme Court in January froze the land, which includes Maui lands as well as Laiopua on the Big Island, until Native Hawaiian claims can be settled.

Lingle, through her Attorney General Mark Bennett, appealed the decision and the U.S. Supreme Court has agreed to hear oral arguments Feb. 25. The Office of Hawaiian Affairs, the respondent in the case, has until Jan. 21 to file its brief.

“Anyone who characterizes our taking this case to the United States Supreme Court as somehow being against Hawaiian rights is simply misrepresenting our position on the situation,” Lingle said in a Nov. 24 news conference defending the state’s stance. “The issue involving the ceded lands is an important one for the state because it affects all the people, the Native Hawaiians and non Native Hawaiians.”

Jon Van Dyke, an attorney representing Native Hawaiians in the case and author of the book, “Who Owns the Crown Lands of Hawaii?” said cultural differences contributed to the misunderstandings between Native Hawaiians and the people who moved to the islands later. Van Dyke was addressing the annual convention of the Council for Native Hawaiian Advancement and its 91 Native Hawaiian member organizations the day the U.S. Supreme Court announced it would take the case.

“Hawaiians have a very different way at looking at the world than the Westerners who ultimately came,” Van Dyke said. “Aina (land) was not a commodity to be bought and sold, but rather it was something to be nurtured.”

Ceded lands comprise 1.2 million acres of land on all Hawaiian islands - about 29 percent of the total land mass of the state.

“There's no question that Hawaiians have strong claims to vast amounts of land,” Van Dyke said. “There's no question in my mind that Native Hawaiians are entitled to land.”

Native Hawaiian groups point to the Apology Resolution enacted by Congress in 1993, on the 100th anniversary of the Hawaiian monarchy, as placing a cloud on the title to ceded lands, forcing the state government to hold them intact until questions of Native Hawaiian self-governance can be answered. Last January, the Hawaii Supreme Court upheld that view.

The state disagrees.

“These public trust lands were transferred by the Congress to the people of the state of Hawaii in 1959 for the benefit of all the people of the state of Hawaii to be used for the public purposes set out in the Admission Act like for the establishment of public schools and public improvements for betterment of homes and farms,” Bennett said during the Nov. 24 news conference. “The Admission Act explicitly gave the state the right to sell or transfer ceded lands for the purposes set out in the Admission Act.”