Saturday, July 20, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, October 4, 2019
OHA Trustee on Mauna Kea: "Where's the revenue from these Ceded Lands?"
By Selected News Articles @ 10:11 PM :: 5299 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.'' –

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


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


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

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii