Office of Hawaiian Affairs -- Watching the Moves It Makes in 2008 to Expand the Evil Empire (acquiring huge parcels of land; building a headquarters for its tribal nation; considering purchase of a TV station; making a settlement with Governor Lingle on ceded land back rent; taking control of Haiku Valley; demanding racial control and royalties for bioprospecting on public and private lands, etc.); Greatly expanding OHA's presence on the radio; Manipulating state and local elections. YEAR 2008

In case you missed it, go back to find out

WHY THE EVIL EMPIRE IS INDEED AN EMPIRE, WHY IT IS EVIL, AND OUTLINE OF EVENTS IN ITS EXPANSION FROM 2005 THROUGH NOW.

This is a subpage providing a compilation of news reports and commentaries for the year 2008, showing the steps OHA is taking to expand the Evil Empire.

==================

OUTLINE OF TOPICS IN CHRONOLOGICAL ORDER FOR 2008. FULL TEXT OF LEGISLATION, NEWS REPORTS AND COMMENTARIES ARE MADE AVAILABLE BELOW THE OUTLINE.

(1) Blitzkrieg propaganda campaign for secretly negotiated "settlement" of "back rent" owed for ceded lands. At the start of the Legislature's session for 2008 it is announced that OHA and the Governor have reached a "settlement" for "back rent" for the ceded lands, consisting of a package of money and land worth $200 Million. The Legislature will need to approve the "settlement" before it can take effect. Attorney Jon Van Dyke, who has worked tirelessly for decades as a highly paid lobbyist and spokesperson for OHA, published a book setting the stage a few weeks previously -- "Who Owns the Crown Lands of Hawaii?" and adds a lengthy newspaper commentary two days after the settlement announcement. Honolulu Advertiser editorial supports the settlement. A few days after the splashy public announcement of the "settlement" OHA broadcasts a TV infomercial about the ceded lands on one of the main TV stations, as propaganda to get the public to support the "settlement" (which the Legislature must still approve).

(2) Some of the same people who helped OHA acquire the Big Island's 25,856 acre Wao Kele O Puna tract (including convicted felon Ralph Palikapu Dedman of the Pele Defense Fund) are now using strongarm tactics to acquire ownership of the Sea Mountain resort on the Big Island at Punaluu, Kau on behalf of OHA.

(3) The Department of Hawaiian Homelands, and also the Association of Hawaiian Civic Clubs, are building huge new headquarters in Kapolei.

(4) Hawaii State Supreme Court rules that the State of Hawaii cannot sell ceded lands until the question has been resolved whether or to what extent ethnic Hawaiians and/or OHA own the lands or are entitled to compensation for selling or using them. News media gleefully proclaim the importance of passing Akaka bill so there will be a recognized Native Hawaiian entity to negotiate with. Hawaiian secessionists say neither the State of Hawaii nor OHA have any right to "settle" anything about Hawaii, because all Hawaii (not merely the ceded lands) belongs to descendants of Hawaiian Kingdom subjects (the vast majority of whom are ethnic Hawaiians).

(5) In 2007 the Legislature authorized a special commission on bioprospecting to hold hearings and develop legislation to regulate the collection of samples of plants and animals on both private and public lands, and to establish rules for sharing revenue from commercial applications of biological research with landowners, the state government, and ethnic Hawaiians. In 2008 the commission proposed legislation to make the commission permanent. The commission is racially stacked by law with a majority of ethnic Hawaiians,. The legislation declares that the State of Hawaii is the owner of all naturally occurring plants and animals on the lands and waters of Hawaii both public and private; and that bioprospecting can take place only with permits from the racially stacked commission and a portion of revenues from commercial applications must be given to ethnic Hawaiians as a racial group.

(6) Legislation sets aside Ha'iku Valley (O'ahu) as a historical/cultural preserve under the control of a special commission. The commission is racially stacked by law with a majority of ethnic Hawaiians, and is placed under the authority of OHA. Ha'iku Valley is designated to be turned over to a Native Hawaiian governing entity whenever such entity achieves recognition by the federal and state governments; and in the meantime may also be transferred to the ownership of OHA.

(7) OHA comes under attack regarding its lack of transparency and lack of accountability. Suspicions are raised publicly that OHA is improperly siphoning off large amounts of money for improper purposes. State Legislature files a bill ordering an immediate audit; then backslides and will wait for the usual audit expected a year later in the normal course.

(8) OHA expands its media presence. Its Monday through Friday 2-hour drive time radio program in Honolulu will be supplemented by additional programs on other stations in Hawaii and on the mainland.

(9) OHA exerts major influence in state and local elections in 2008

(10) OHA direct management of Waimea Valley comes under criticism.

==================

A bill is introduced in the legislature to make the settlement official. A large amount of written testimony was submitted, which is all available on the internet; and also about five hours of public oral testimony. Full text of the legislation, all written testimony, plus numerous newspaper reports and editorials, are made available at the following webpage:

"OHA/Lingle 2008 legislation for $200 Million settlement of so-called back rent for ceded lands"
https://www.angelfire.com/planet/big60/OHALingleCededLandsSettlement2008.html

======================

--------------

http://www.hawaiireporter.com/story.aspx?ea156d0a-acda-43fb-8bd9-6f8a0054c4aa
Hawaii Reporter, January 18, 2008
Special from Hawaii Free Press

Office of Hawaiian Affairs Prepares for Punaluu Takeover

By Andrew Walden

"I don't care how many families live here. I have more right than anybody in this place." --Convicted felon and agent of the Office of Hawaiian Affairs (OHA), Ralph Palikapu Dedman, Jan. 14, 2008

With the clock ticking down to the expiration of the purchase option held by erstwhile developer Pat Blew's Sea Mountain Five partners, ownership of the decaying remnants of the Sea Mountain resort on the Big Island at Punaluu, Kau, will soon again be placed in question.

At a meeting of 50 Kau residents Jan. 14, Councilman Bob Jacobson whose district includes the Punaluu area, attempted to begin formation of a 501c3 non-profit to manage the publicly held lands now in the area. According to Jacobson, the Hawaii County Department of Parks and Recreation requires that the 501c3 be independent of all other organizations in the area.

Supposedly the non-profit would contract with the county to manage any additional public lands acquired in the Punaluu area. They would replace jobs normally filled by unionized public park maintenance workers. The county currently leases the ground under the Punaluu County Park and the state owns all shoreline lands up to the shoreline certification line.

Jacobson's Resolution 169-07, passed with a bare five vote majority of the Council September 19, directs County Finance Director Bill Takaba to initiate negotiations to purchase part of Punalu`u with Blew and his partners. All indications are that those negotiations have gone nowhere and have no prospect for success.

Additional public lands may be in the offing but not County lands. Asked about the status of negotiations to purchase the property, Jacobson said, "We are in the process of obtaining it."

Jacobson then told the audience he had no idea what if anything Takaba had done to negotiate a purchase. Blew has publicly stated he is unwilling to sell on the terms dictated by 169-07. Jacobson then added: "OHA has expressed an interest, just like Wao Kele O Puna. (OHA Trustee) Bob Lindsey has expressed interest. The $8 billion Kamehameha Schools has also expressed interest in acquiring the land it once owned."

The Big Island's 25,856 acre Wao Kele O Puna tract was placed under the control of Dedman's Pele Defense Fund after OHA took ownership last year.

Jacobson's original version of Council Resolution 169-07, Jacobson sought to assign control of Punaluu to KPI. Guy Enriques is a leader of O Kau Kakou (OKK) and is campaigning to win Jacobson's council seat. Enriques asked Jacobson for an independent outside moderator to be brought in to ensure that everybody is able to participate equally in the new 501c3. Jacobson rejected the idea. Instead Barbara Lively, a Jacobson staffer, will moderate. Resolution 169-07 passed only after other council members removed Jacobson's language assigning control of Punaluu to KPI. Both OHA and Jacobson have provided tens of thousands of dollars in funding to KPI.

In essence OHA has paid for activists to block Pat Blew's development plan and thereby deliver to OHA the Sea Mountain property at what will likely be a deep discount price. Some might term this an illegal anti-competitive practice. Everything about KPI's history shows that it is very unlikely that KPI will simply allow others to take management control over OHA's purchase. Some might term that a violation of civil rights by a state agency.

Jacobson's original version of 169-07 would have also confiscated all the Punaluu kuleana plots of Dedman's neighbors. This caused many of the neighbors to distrust KPI and join OKK. This clause was also removed over the objection of KPI President Pele Hanoa who still demanded eviction of her neighbors from their kuleana plots at a public meeting June 4, 2007, saying: "There are three families living at Punaluu. Get those three squatters off the land!"

For years, all attempts to bring together Kau community members have ended in failure. In 2005 the state Legislature directed the state Department of Land and Natural Resources to form the "South Kona-Kau Coastal Conservation Task Force" consisting of many of the same individuals present at the Punaluu meeting. The Task Force quickly collapsed. Kau remains the only Big Island community which has not begun the professionally moderated Community Development Plan process enacted under the 2005 County General Plan.

Speaking to Hawaii Free Press, a Kau resident last June described the experience of trying to work on the Task Force: "It was a terrible experience. Kau Preservation intimidated everyone who opposed them, and they were very disrespectful. The yelling, ‘stink eye' and really sick gestures were ignored by DLNR and other government representatives. After five four-hour meetings, we were still being trained on how to respect each other. After 100 hours of meetings a minority report was written because only eight of us ‘outsiders' survived."

In addition to attempting to obtain government seizure of their neighbors' kuleana plots at Punaluu, KPI failed after fighting for years to force the destruction of the nearby home of David and Mary Carroll. The state DLNR has rejected all KPI's complaints and closed the case with a ruling that the Carroll's house is fully in compliance with all permits yet Kau Preservation still demanded the house be destroyed.

Mary Carroll, a retiree from Philadelphia, spoke up at the meeting questioning whether the new 501c3 will truly be independent of KPI. Said Carroll: "We are worried that someone like Danny Miller, the spokesperson for KPI, will become the spokesperson for this new group. It looks like you're in bed with KPI."

KPI Vice President Earl Louis immediately leapt up. Standing inches from the retiree he waved his arms shouting: "That is a bunch of crap. The bottom line is you talk to us Hawaiians first." Apparently KPI believes it can attempt to take the Carroll's house and at the same time silence them.

The Hanoa family, who control the majority of KPI's board of directors, have repeatedly asserted that they are "the last real Hawaiians left." But they have been driven out of the leadership of the Kau Hawaiian Civic Club by other Hawaiians outraged at their tactics. As Lewis finished his tirade, a fearful Lively, who describes herself as "90 lbs," positioned herself in the inches between him and Carroll.

In response to the outburst, KPI leaders including Pele Hanoa blamed Carroll. Questioned by some in the audience, Jacobson and Pilago declined to speak out against Louis' behavior. Lively told participants that they were going to have to start getting along "or don't come." It was not clear who that suggestion was addressed to.

In spite of the long history of failure and the attitude of KPI's leaders, residents on both sides signed up to participate in forming the 501c3. These include KPI leader and California part-time resident Danny Miller, and KPI opponent, Guy Enriques, head of O Kau Kakou born and raised at Punaluu and Pahala. KPI President Pele Hanoa also signed up. The next Punaluu 501c3 meeting will be held at the Punaluu shoreline pavilion 6 p.m. Thursday Jan. 29.

What is needed is supervision by the Civil Rights Division of the U.S. Department of Justice.

Andrew Walden is the publisher and editor of Hawaii Free Press, a Big Island-based newspaper. He can be reached via email at
andrewwalden@email.com

====================

(3) The Department of Hawaiian Homelands, and also the Association of Hawaiian Civic Clubs, are building huge new headquarters in Kapolei.

http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20080124/NEWS23/801240326/1173/NEWS23
Honolulu Advertiser, Thursday, January 24, 2008

Home Lands hoping to make target date

Photo gallery: New Hawaiian Home Lands headquarters Video: DHHL's new headquarters

By Gordon Y.K. Pang
Advertiser West O'ahu Writer

* Photo caption:
DHHL Director Micah Kane, left, says the state agency is moving its headquarters — shown here under construction — to Kapolei because many of its constituents live in the 'Ewa-Wai'anae region.

KAPOLEI —Contractors working on the Department of Hawaiian Home Lands new headquarters are rushing to get the building done in time for a March 26 blessing designed to coincide with the birthday of Prince Jonah Kuhio, the father of the Hawaiian Homes Commission Act.

DHHL workers won't actually move into Hale Kalaniana'ole until about mid-April. But when they do, the department will become the first state agency to move its headquarters to Kapolei, O'ahu's designated Second City.

DHHL's mission is to develop and deliver homes to Native Hawaiians.

The two-story, 50,000-square-foot building lies near the eastern edge of Kapolei, near the western border of 'Ewa Villages. It sits across Kapolei Parkway from Kapolei Middle School and the upcoming Ka Makana Alii shopping complex, expected to be one of the state's largest shopping centers.

DHHL Director Micah Kane said the decision was made to relocate from the Downtown Honolulu Alakea Street space it leases because many of the agency's constituents live in the 'Ewa-Wai'anae region. And once DHHL completes the last of about 2,050 homes in Kapolei in the next decade or so, it will constitute the largest grouping of DHHL offerings in the state, Kane said.

"The whole purpose for being out here is accessibility to our beneficiaries," he said.

The headquarters property is just makai of the 400-home East Kapolei I subdivision.

"We wanted the building to be one that was like a campus-like setting that could fit in a residential community," Kane said. "It's a rather large building for something you want to place in a residential-type area."

A separate building just outside the headquarters will house the training center for DHHL's Home Ownership Assistance Program.

The Association of Hawaiian Civic Clubs is expected to build its headquarters on a site across the parking lot.

===================

However, another way to resolve the ceded lands claims of ethnic Hawaiians is for the Legislature to rescind the law passed following the state Constitutional Convention of 1978 to provide funding for the newly created OHA by sending OHA 20% of ceded land revenues; and also to amend the state Constitution itself to clarify that all the ceded lands belong to all the people of Hawaii without racial distinction. If the U.S. says in its apology resolution that the U.S. owes something to ethnic Hawaiians, then it should be up to the U.S. to make good on those claims and not to stick the burden onto the backs of the people of Hawaii.

News reports and commentaries about the state Supreme Court ruling and its implications for the future are gathered on a webpage:

Hawaii Supreme Court ruled on January 31, 2008 that the State of Hawaii cannot sell any ceded lands until it resolves the claims of ethnic Hawaiians based on the apology resolution of 1993.

https://www.angelfire.com/planet/big60/HawSupCt2008RulesCannotSellCededLands.html

==================

(5) In 2007 the Legislature authorized creation of a racially stacked Temporary Advisory Committee on Bioprospecting to hold hearings and develop legislation to regulate the collection of samples of plants and animals on both private and public lands, and to establish rules for sharing revenue from commercial applications of biological research with landowners, the state government, and ethnic Hawaiians. The advisory committee held statewide hearings and produced a report. In 2008 there was legislation to create a permanent commission on bioprospecting. The commission is racially stacked by law with a majority of ethnic Hawaiians,. The legislation declares that the State of Hawaii is the owner of all naturally occurring plants and animals on the lands and waters of Hawaii both public and private; and that bioprospecting can take place only with permits from the racially stacked commission and a portion of revenues from commercial applications must be given to ethnic Hawaiians as a racial group.

** A large webpage: "Hawaii Bioprospecting -- Hearings by the Temporary Advisory Committee on Bioprospecting (late 2007), and testimony by Ken Conklin given to the advisory committee." Webpage includes written notes describing ethnic Hawaiian dominance at one of the PUBLIC hearings by this government sponsored committee in a multiethnic society, including opening and closing the meeting with prayers to the ancient Hawaiian gods and ancestors.
https://www.angelfire.com/planet/big60/bioprospecting2007.html

----------------

A 130-page report issued in 2006 by Peter Pan [yes, that's his name], entitled "Bioprospecting: Issues and Policy Considerations," was included in the report of the advisory committee to the legislature's committee which wrote legislation to establish a permanent racially stacked bioprospecting commission.
https://www.angelfire.com/planet/big60/BioprospectingCommitsionReport.pdf

---------------

Full text of SB 151 filed January 18, 2008
http://www.capitol.hawaii.gov/session2008/Bills/SB151_.htm

----------------

** Testimony

To: SENATE COMMITTEE ON AGRICULTURE AND HAWAIIAN AFFAIRS
Senator Jill N. Tokuda, Chair

Date: January 25, 2008

Re: Informational Briefing from the Bioprospecting Advisory Committee that was established pursuant to House Concurrent Resolution 193 in 2006.

From: Kenneth R. Conklin, Ph.D.
46-255 Kahuhipa St. Apt. 1205
Kane'ohe, HI 96744
tel/fax (808) 247-7942
e-mail Ken_Conklin@yahoo.com

Aloha Chair Tokuda, members of the committee, and citizens of Hawai'i who may be reading this testimony online.

I have two webpages directly related to the issue of bioprospecting. My testimony consists of excerpts from those webpages, and I wish to enter them into the record for your consideration.

(1) Hawaii Bioprospecting -- Hearings by the Temporary Advisory Committee on Bioprospecting (late 2007), and testimony by Ken Conklin
http://tinyurl.com/yud9gw

(2) Indigenous Intellectual Property Rights -- The General Theory, and Why It Does Not Apply in Hawaii
http://tinyurl.com/2b77k

I am Ken Conklin, an indigenous person of this Earth and resident of the Ahupua'a of He'eia, O'ahu continuously since 1992.

I am concerned that legislation to be proposed by the Temporary Advisory Committee on Bioprospecting will have the effect of taking private land for public use through regulation, without compensation to the owners; and will divert income generated from the resources of both private and public land to a racial group at the expense of the private landowner and/or the general public. Perhaps the closest analogy is litigation over the partial "taking" of private lands by the government, without compensation to the landowner, caused by regulatory designation of private lands as habitat for an endangered species. Legislators are advised to examine the results of such litigation before embarking on a new program that is likely to generate similar litigation.

Here are some general philosophical/moral issues for you to consider, aside from the legal issues.

"He ali'i ka 'aina, he kauwa ke kanaka." Land is the chief, people are its humble servants. Our islands have been here millions of years; human beings less than 2,000 years. There is a divine presence in these lands, before which we all must be equal in humility and service. It is morally wrong for any ethnic group to claim ownership of the land or inherent supremacy of land management authority; in the same way as it would be morally wrong for one servant to demand authority over all other servants and to assert control of his master or the master's house.

The public lands of Hawaii, including the ceded lands, belong to all the people of Hawaii without racial distinction. During the Kingdom, following the Mahele, the government lands were held by the government on behalf of all the people, just as now. The Crown lands also became government property by act of the Kingdom Legislature, signed by the King, to issue government bonds to pay a mortgage lien the King had incurred to pay the King's personal (gambling) debts; income from the Crown Lands was set aside to maintain the office of head of government in his official capacity but not as his private property. Thus, when the monarchy ended, the Crown lands and government lands were indistinguishable, all held by government to benefit all the people without regard to race -- both then and now.

The Statehood Act of 1959 does not require setting aside any ceded land income specifically for any racial group. It identified 5 purposes for the use of ceded land revenues, and said that part or all of the revenue could be used for any one or more of those 5 purposes. When 100% of ceded land revenues was sent to the public schools from 1959 to 1979, 26% of ceded land revenues were thereby used for the betterment of Native Hawaiians, without need for racial separatist designation, simply because 26% of the children were of that racial group.

Bioprospecting should not be confused with genetic engineering. It is merely the careful harvesting of a very small sample of plant or animal life, followed by laboratory tests to determine the sample's chemical composition and to perform research to discover whether the active ingredients might be useful for pharmaceutical or industrial purposes. Bioprospecting does nothing harmful to the land, nor to the species, nor to any culture. Bioprospecting has the same effect on land, species, and culture as merely taking a close look and a sample of negligible size; like dipping a spoonful of water from a pond or snipping a single leaf from a large tree.

The state Supreme Court has already held in PASH that landowners under certain circumstances do not have the right to enforce laws against trespassing for access, as well as laws against trespassing for collection of biota for food or cultural purposes. It is unclear whether the PASH decision guarantees limited trespass rights only to ethnic Hawaiians, or to all tenants living on the land. It is unclear whether the PASH decision applies only to specific species of biota named in the Mahele, or whether it applies more broadly to species used for sustenance and/or cultural purposes of today. In any case, there are at least two issues that will be litigated if the State of Hawaii tries to regulate the bioprospecting activity and revenue distribution: (1) Does the PASH decision imply that individuals (particularly Hawaii residents) have (always had and continue to have) a right to engage in bioprospecting at least on public lands, and perhaps also on private lands, unfettered by restrictions not related to health or safety? and (2) Would the enactment of new laws or regulations not already implied by the penumbra of the PASH decision be, in effect, a partial eminent domain "taking" of private property therefore requiring compensation to the landowner? Perhaps the best legal analogy would be litigation related to the infringement on private property rights caused by the enactment of the Endangered Species Act and the numerous regulatory restrictions and requirements imposed on landowners as a result of that ESA.

The concept of "indigenous intellectual property rights" has been raised in connection with bioprospecting; most notably by Hawaiian sovereignty activists through the group 'Ilio'ulaokalani. However appropriate that concept might be for primitive tribes, it has no applicability in Hawaii.

The concept of indigenous intellectual property rights should be taken seriously in regard to a small, cohesive, primitive tribe living a subsistence lifestyle separate and apart from surrounding civilizations and lacking the knowledge of civilization sufficient to assert its rights. If such a tribe has used an endemic plant to create a unique medicine, the tribe should be considered to possess an unregistered patent which civilized societies are morally obligated to respect as though it has been formally registered. However, in Hawaii there is no small, cohesive tribe living a subsistence lifestyle separate from the surrounding civilization; and therefore the concept of "indigenous intellectual property rights" is not applicable here.

The Temporary Advisory Committee on Bioprospecting is racially and ideologically "stacked" and has a conflict of interest because of how its members were specifically designated and where the committee is housed. The enabling legislation HCR 193 of the 2006 Legislature establishes a committee of 11 members. 5 of the 11 -- 45% -- are explicitly required to be "of the native Hawaiian community" even though only 20% of Hawaii's people are of that race. In addition 1 member is required to be the chairperson of OHA (an ethnic Hawaiian) or the chairperson's designee (unimaginable such designee would fail to be ethnically Hawaiian), thus guaranteeing that a 20% racial minority will have a majority vote on the committee. The "Five members of the native Hawaiian community" demanded by HCR 193 are presumably to be allocated among the five categories of "demonstrated background" immediately following that phrase. However, there is no logical or necessary relationship between the 5 categories of "demonstrated background" and the requirement for Hawaiian native blood. For example, many people with no native blood could qualify as knowledgeable about "Native Hawaiian cultural rights as contained in the Hawaii State Constitution and statutes" or "Traditional and customary use of biological and genetic resources" etc. Thus the racial requirement is both irrelevant and demeaning to people of other races, inferring that the blood is somehow necessary to have the specified kinds of knowledge or the emotional/spiritual concern for malama 'aina (taking care of the environment).

HCR 193 also requires that the "Temporary Advisory Commission on Bioprospecting" must be administratively housed inside OHA. The combination of forcing the committee to have a racial majority of ethnic Hawaiians and placing the committee under the auspices of OHA sets up a very clear conflict of interest that threatens the rights of the State's non-ethnic Hawaiians. The threat arises because of OHA's intense and prolonged effort to pass the Akaka bill, and assertions by OHA leadership that OHA and/or ethnic Hawaiians are entitled to ownership of the ceded lands. If the Akaka bill passes there will be negotiations between the Native Hawaiian Governing Entity vs. the State of Hawaii to divide up the lands of Hawaii along racial lines and to establish race-based jurisdictional rights.

Thus it appears a main purpose of the bioprospecting commission is to serve as a trojan horse to demand that the Legislature already establish ethnic Hawaiian jurisdiction over the land and the uses of its biota even before the negotiations envisioned by the Akaka bill have had a chance to begin.

In some activities attorneys, judges, corporate leaders, and politicians are advised that there must not be any actual conflict of interest, nor even the appearance of one. In the case of this Temporary Advisory Commission on Bioprospecting, the conflict is very real, and as blatant as a slap in the face to the 80% of our people who lack a drop of the magic blood.

-----------------------

Full text of SB151 SD1 PROPOSED filed February 11, 2008
http://www.capitol.hawaii.gov/session2008/Bills/SB151_SD1_PROPOSED_.htm

-----------------------

Written testimony given to the Senate committee for the hearing on Wednesday February 13 was overwhelmingly opposed to the bill.

There were two files of the testimony: on-time and late. The on-time testimony was submitted at least 24 hours before the hearing, and the late testimony was submitted after that.

On-time testimony (31 page pdf file)
http://www.capitol.hawaii.gov/session2008/Testimony/SB151_SD1_WTL-AHW_02-13-08_.pdf

and late testimony (39 page pdf file)
http://www.capitol.hawaii.gov/session2008/Testimony/SB151_SD1_WTL-AHW_02-13-08_LATE.pdf

-----------------------

** Testimony by Ken Conklin:

testimony@capitol.hawaii.gov

Senate of the State of Hawaii

COMMITTEE ON AGRICULTURE AND HAWAIIAN AFFAIRS COMMITTEE ON WATER AND LAND

Testimony for
Hearing on SB 151 PROPOSED SD1 RELATING TO BIOPROSPECTING

DATE: Wednesday, February 13, 2008
TIME: 2:45 p.m.
PLACE:Conference Room 414

by
Kenneth R. Conklin, Ph.D.
46-255 Kahuhipa St. Apt. 1205
Kane'ohe, HI 96744
tel/fax (808) 247-7942
e-mail Ken_Conklin@yahoo.com

Greetings to committee chairs Tokuda and Hee, members of the committees, and members of the public.

Remember the story about the emperor who had no clothes? Everyone clearly saw he had no clothes, but nobody dared to say so. Finally a child with no inhibitions impolitely pointed and shouted "Look! He has no clothes!" That broke the taboo. Everyone started pointing, shouting, and laughing at the emperor who had no clothes.

My dear Senators, the only way to seriously consider passing this bill is to close your eyes and ignore its shocking contents. Let me pry open your eyelids.

This bill will do the following things, as its language clearly says:

1. Confiscate ownership of all naturally-occurring plants and animals on private lands by arbitrarily declaring that they now belong to the State of Hawaii; [If you think I'm exaggerating, see language from the bill, page 7, lines 1-19]

2. Deny private landowners and government agencies controlling public lands the right to invite any researcher onto their land for the purpose of collecting a leaf, a snail, or a spoonful of pond scum; unless and until the landowner and researcher get a permit issued by a government commission and agree to file periodic reports describing what they do, what biota they remove, and what use was made of the biota; [bill language page 7 line 20 through page 8 line 4; also p. 10 line 18 through p. 15 line 6]

3. Establish that government commission with selection criteria guaranteeing that a majority of commissioners must be of one particular racial group; [bill language pp. 8-9 specifies a total of 11 commission members, of whom the OHA chair is in fact an ethnic Hawaiian, plus an additional racially-designated "five members of the native Hawaiian community" having backgrounds in specified areas -- the specified areas of expertise are reasonable and helpful to the regulation of bioprospecting, but the racial requirement is unnecessary, demeaning, pernicious, and illegal for a government commission.]

4. Confiscate a substantial portion of the money paid to private landowners and to government agencies by researchers or by corporations using the research, for the purpose of giving the confiscated money to the same racial group having the guaranteed majority on the commission. [p. 10 line 18 through p. 12 line 8]

This is not a bill to protect the land or its life-forms. This is not a bill to ensure that the general population of Hawaii will share in commercial profits generated from research utilizing Hawaii's biological resources. No, those are smokescreens for the real purpose of the bill.

This is a Hawaiian sovereignty bill. This is a bill to guarantee that not one square inch of Hawaii's lands, streams, or seas -- public or private -- can be used for biological research or commercial profit without the approval of a race-based government commission and without paying money to a racial group. This is a bill to establish racial supremacy in jurisdiction and control of Hawaii's lands and waters, and to legalize extortion through payments for permits, patents, and royalties. This bill would serve as a trojan horse to establish ethnic Hawaiian jurisdiction over the lands and waters of Hawaii, and the uses of their biota, even before the negotiations with a Native Hawaiian Governing Entity envisioned by the Akaka bill have had a chance to begin.

Please stop this nonsense. The government lands of Hawaii (including the "ceded lands") belong to all the people of Hawaii without racial distinction. It is probably illegal, and certainly immoral, to set up an allocation of government revenue or decision-making authority based on race. The private lands of Hawaii and the fruits of those lands belong to the private landowners. It is illegal to use government regulation to seize private lands, or the products of research on private lands, for government use; or to diminish the value of private lands through excessive government regulation; without market-value compensation.

For further in-depth discussion I refer you to the testimony I submitted to the informational briefing of the Senate Committee on Agriculture and Hawaiian Affairs on January 29, 2008, as expanded in a webpage at
http://tinyurl.com/yud9gw .

I also refer you to my book describing the broad outlines of the challenge we face in trying to protect unity and equality for Hawaii's future: "Hawaiian Apartheid: Racial Separatism and Ethnic Nationalism in the Aloha State." See Chapter 1, and detailed Table of Contents, at
http://tinyurl.com/2a9fqa .

--------------------

http://www.molokaitimes.com/articles/82281027.asp
Molokai Times, February 28, 2008

Bioprospecting commission takes issues to Molokai
Bill aims to protect Hawaiian knowledge and resources.

By Carolyn Girard

A bill advocating for the protection of traditional Hawaiian knowledge from outsiders, who might exploit the knowledge for profit, passed its second reading last month. Members of the commission on bioprospecting came to Molokai Feb. 18 to inform the public of its implications and gain feedback.

Vicky Holt Takemine, president of a private grassroots activist organization called `Ilio`ulaokalani, is one of five Hawaiians on the bioprospecting commission supporting Bill 151. She explained the nature of bioprospecting and what the commission wants to push forward in its next unscheduled hearing.

“The idea of the bioprospecting is to take the chemical compound in traditional medicines or biological resources, to be able to duplicate that in a lab, come up with a commercial product and then put it on the market,” Takemine said.

She used Paul Mitchell shampoo as an example of a Hawaiian tradition that was exploited and marketed. The shampoo uses awapuhi, a Hawaiian root known as Hawaiian Ginger.

“We have no idea how Paul Mitchell figure out that the awapuhi was good shampoo,” she said. “How many of you have gone swimming in the streams and found the awapuhi and then squeezed it on your hair as a shampoo and made it silky. We've been doing that for thousands of years.”

Takemine said this knowledge of the awapuhi's shampoo essences was taken from the Hawaiian people and marketed without their permission and without any financial return to the islands.

This and any other exploitation are currently legal, as no laws or regulations exist to stop researchers and anyone else from collecting samples.

“You can collect samples of any kind of biological resources in the wild, in the ocean, up in the northwest, on coral reefs and then do your research,” she said. “If you come up with a commercially viable product, there's no way the State of Hawaii gets a benefit, or any native Hawaiian benefits from it.”

Takemine said the indigenous people have the right to protect their traditions as Intellectual Property, and the commission is trying to get regulations enforced that would require prospectors to get permission from landowners, the native Hawaiian people and the state before using any Hawaiian biological resources for research or marketing purposes.

Wayne Panoke, director on the Ilio board and also a commission member, said Bill 151 is calling for two things. The commission has recommended that the commission be housed under the roof of the Office of Hawaiian Affairs. The other recommendation is that the first year budget be set at $300,000 so the commission can afford to hire an executive director, or manager, and other staff to continue the work as designated by the commission. The commission is also considering adding members of the Hawaiian Civics Club who have knowledge of bioprospecting issues. “We've requested that the commission be permanent, and not temporary,” Panoke said.

Currently, the bill is being redrafted while recommendations for a permanent commission are being made.

===============

The bill in the Hawaii state Senate is SB2727.

Full text of the bill can be seen at
http://www.capitol.hawaii.gov/session2008/Bills/SB2727_.htm

All testimony received for the committee hearing is contained in the following pdf file:
http://www.capitol.hawaii.gov/session2008/Testimony/SB2727_WTL-AHW-JDL_02-08-08_.pdf

Here is the testimony by Ken Conklin

TO: THE SENATE COMMITTEE ON AGRICULTURE AND HAWAIIAN AFFAIRS
Senator Jill N. Tokuda, Chair
COMMITTEE ON WATER AND LAND
Senator Clayton Hee, Chair
COMMITTEE ON JUDICIARY AND LABOR
Senator Brian T. Taniguchi, Chair

Date: February 4, 2008

Re: SB 2727 RELATING TO HA`IKU VALLEY.

From: Kenneth R. Conklin, Ph.D.
46-255 Kahuhipa St. Apt. 1205
Kane'ohe, HI 96744
tel/fax (808) 247-7942
e-mail Ken_Conklin@yahoo.com

Aloha Chairs Tokuda, Hee, and Taniguchi; members of the committees, and members of the public,

I must strongly object to certain provisions of SB 2727 relating to Ha'iku Valley.

For 15 years I have been a resident of Kane'ohe, and have visited Ha'iku Valley on many occasions. Every time I stand at my doorway, I see the majestic Ko'olau peaks of Ha'iku Valley. I'm often blessed to see the rains and mists moving slowly across the landscape, with perhaps 20 waterfalls and occasionally a rainbow. It's easy to recognize the gods here -- that's why I have chosen to live here. The "Stairway to Heaven" is visible from my doorway when the sun shines on it at the right angle. I worked for a time with a community group in the 1990s trying to find a way to create a preserve to protect historical, natural, and cultural aspects of the valley; and I toured the old Omega Station and an outbuilding used as a workshop/garage -- buildings which would be good for a museum, cultural center, or place for launching hikes.

While I applaud the effort to resolve jurisdictional conflicts in Ha'iku Valley and to preserve historical, natural, and cultural resources, I vehemently oppose (1) the effort to place the valley under the control of a racially and ideologically stacked commission, under the auspices of OHA; (2) to single out one particular racial group and its cultural heritage as the sole source of value for historic and cultural preservation; and (3) to declare that the valley will be transferred to a future race-based government if and when that new government achieves federal/state recognition.

Ha'iku Valley belongs to all the people of Hawaii, and should stay that way. Ha'iku Valley has been used for a variety of agricultural, cultural, and religious purposes by people of various racial heritages. May it always be so! That's why this bill must be rejected.

It appears that this bill is a trojan horse for establishing Hawaiian sovereignty in Ha'iku Valley and could very likely result in a loss of rights for access to the valley by people lacking Hawaiian native blood, and loss of the right to engage in any agricultural or religious activities other than taro growing and worshipping the Hawaiian or Christian gods.

I believe this entire bill should be thrown in the trash because it is hopelessly laced with racist provisions. But if the committee is determined to pass this bill in some form or other, then here are some proposed deletions and insertions:

Section 1: Delete the word "native" in sentence #1. The valley is indeed "of significant cultural and historic importance to ALL the people of Hawaii" -- Insert the word ALL.

In section 2, the proposed new chapter of HRS:

Title of the chapter should not designate Ha'iku Valley as exclusively a cultural preserve, but a rather a combination natural and cultural preserve.

Sec 1: Remove OHA as administrator of this chapter.

Sec. 4: "Office" [OHA] should be removed and replaced by DLNR

Sec. 5: The Commission. It should NOT be placed under OHA but under DLNR.

The requirements for selecting the 7 members of the commission are currently written to guarantee a racial majority of ethnic Hawaiians. That is legally and morally bad for our multiracial, multicultural society. Subsection (1) The Ko'olau Foundation is actually an individual known by two names as either Mahealani Cypher or Denise DeCosta, who is President of the Ko'olaupoko Hawaiian Civic Club (a race-based institution); Subsection (2) Two members appointed by the Governor who must be members of that same race-based Ko'olaupoko Hawaiian Civic Club; Subsection (3) one member representing the race-based OHA; and subsection (6) One member appointed by the Governor from a list provided by race-based "Native Hawaiian organizations" -- the provisions cited here guarantee that at least five of the seven members of the commission will be ethnic Hawaiians, even if the CC Honolulu representative in item #4 and the DLNR representative in item #5 might possibly not be.

Sec. 6 item #5 should remove race-specific language and allow the Commission to enter into curator or stewardship arrangements with ANY cultural or environmental groups regardless of their specific race or culture. Many races, cultures and religions should be involved in preserving Ha'iku Valley and helping it to thrive for educational, cultural, and spiritual purposes.

Sec. 7 allows farming activities. Of course the writers of the bill have in mind that the land should be used for taro production; however, it should be noted that rice production and animal farming were also done here historically. So this section should avoid creating the impression that taro is the only farming activity likely to be allowed under management as envisioned. This section should specifically mention taro, rice, cattle, and poultry farming as examples of what would be permitted; and should require the payment of reasonable rent to the state for commercial or subsistence farming use of the land.

Section 13, subsection 11 (page 11) "Transfer" should be deleted entirely, because it contemplates turning over the entire valley to OHA. Specifically it says:

"the resources and waters of the valley cultural preserve shall be held in trust by the office as part of the public land trust provided that the office shall transfer management and control of the valley cultural preserve to the sovereign native Hawaiian entity upon its recognition by the United States and the State."

Such a provision must never be allowed to pass, because the issue of how to chop up the lands and resources of Hawaii to be divided between the State of Hawaii and the Akaka tribe is a matter for negotiated settlement, not a matter for outright give-away even before such negotiations begin.

Section 13, subsection 3 (page 13 of draft) "Severability" says the valley may be given in fee simple to the Office of Hawaiian Affairs (even in the absence of an Akaka tribe). That must never be allowed to happen, since OHA is a race-based institution.

SPECIAL PLEA TO MEMBERS OF THIS COMMITTEE:

I cannot keep up with all the legislation being proposed to give Hawaii lands, resources, and jurisdictional authority to race-based institutions. But every time you see such legislation coming before you, please reject it. Don't you find the language of this bill frightening? You should!

PLEASE HAVE COURAGE TO EXERCISE YOUR RESPONSIBILITY TO REPRESENT THE INTERESTS OF ALL HAWAII'S PEOPLE, NOT JUST A VOCAL AND POWERFUL MINORITY. PLEASE DEFEND US AGAINST RACIAL SEPARATISM AND ETHNIC NATIONALISM. See my book:
"Hawaiian Apartheid: Racial Separatism and Ethnic Nationalism in the Aloha State"
available at the library or through webpage
http://tinyurl.com/2a9fqa .

---------------------

http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20080207/NEWS02/802070347/1006/NEWS02
Honolulu Advertiser, Thursday, February 7, 2008

Bills call for Ha'iku Valley cultural park

By Eloise Aguiar
Advertiser Windward O'ahu Writer

The future of Ha'iku Valley, with its Hawaiian and military historical sites, is before the state Legislature this week with lawmakers considering a bill to create a cultural preserve and education center there.

The House Water, Land, Ocean Resources and Hawaiian Affairs Committee voted 8-0 yesterday to advance House Bill 2704. Three Senate committees will discuss the companion Senate Bill 2727 at 2:45 p.m. tomorrow in Conference Room 414.

The bills call for establishing a commission that would set policy for and have oversight of a Ha'iku Valley Cultural Preserve.

The measures have widespread community support, said Rep. Ken Ito, D-48th (Kane'ohe), who heads the Water, Land, Ocean Resources and Hawaiian Affairs Committee.

"This cultural preserve will really enhance Kane'ohe and protect traditional cultural landscapes," Ito said, adding that the area has a high potential for educational purposes. "It's going to be a treasure for the Windward side."

The valley has cultural and historic importance to Native Hawaiians and is renowned for its archaeological sites, according to the bills. But the valley's ownership is split among several entities, which places the resources at high risk.

"Preserving the valley's cultural and historic resources and educating the public about these resources are of paramount importance," the bills say.

Tucked up against the slopes of the Ko'olau Range in Kane'ohe, the site was home to a military radio station from 1942 until 1997 and is known to have taro lo'i, a heiau and burial sites. Native and endangered species are also present.

Recent history there has been tied up in controversy over the Ha'iku Stairs, a 3,922-foot metal stepladder to the top of the Ko'olau Range. The ladder was repaired in 2003 by the city for public use.

Before the city could open it, as many as 200 trespassers a day would reach the area through neighboring properties, clogging streets with parked cars, littering, and arguing with residents.

Some residents think the city, which has jurisdiction over the stairs, will dismantle the bottom segments of the stairs.

City spokesman Bill Brennan was unable to verify that, but said the city has security at the stairs to keep people from climbing it.

Mahealani Cypher, a member of the Ko'olaupoko Hawaiian Civic Club and the Ko'olau Foundation, said if the stairs are dismantled, neighbors would be less likely to oppose the reserve. A charter school has leased some of the old facilities and a farmer is growing crops there, Cypher said. The community, civic club and the foundation have created a plan calling for a passive park and education center that would offer programs, she said.

The bills are part of the Office of Hawaiian Affairs legislative package and the agency has agreed to work with the state Department of Hawaiian Home Lands, which owns much of the land in the valley, and Kamehameha Schools to secure an access that would be acceptable to neighbors, Cypher said.

"All of those different entities have to come together plus the Legislature has to support it, plus the governor has to agree to cut a couple million out of her North Shore acquisition to allow Kane'ohe to have a little piece of the action," she said. "It's a work in progress."

Residents, Naval Radio Station personnel and community leaders have called for the area's preservation for more than 20 years, said John Flanigan, a member of the Friends of Ha'iku Stairs. The Friends have not taken a stance on the bills but Flanigan said he supports them and so does former Navy radio operator, David Jessup, who has a Web site documenting his stay there at www.davewjessup.smugmug.com. "We're big on the military history and (Cypher's) people are big on the Hawaiian history, when you put those two things together, it's a no-brainer that it ought to be developed into a passive park," Flanigan said.

----------------------

http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20080226/NEWS25/802260319/1318/NEWS25
Honolulu Advertiser, Tuesday, February 26, 2008

Kane'ohe sites rich in history, culture sharing a vision

By Eloise Aguiar
Advertiser Windward O'ahu Writer

KANE'OHE — Hawaiian legends, cultural sites and military history abound in this community, yet only a few reminders of this past remains. Now, a couple of local groups want to change that, restoring sites and making them part of the educational landscape of Kane'ohe.

Members of the Ko'olaupoko Hawaiian Civic Club and the Ko'olau Foundation have been talking for decades about perpetuating the Hawaiian culture and have spearheaded educational programs on a neighborhood scale. But now the groups want to move to a grander venue and embrace the entire community to protect and restore portions of Ha'iku Valley, Luluku, He'eia Uli and Kane'ohe Bay.

They're focusing on Ha'iku and Luluku to make the valley a preserve and Luluku into a classroom that helps feed the people of Hawai'i. They have been going out into the community, explaining their plans and asking people to join them. They want to bring limu back to the bay and revive the taro-growing portions of He'eia Uli.

"Our vision is to bring together all the landowners and the stakeholders and create a partnership between the community and the landowners to manage (Ha'iku) as a cultural and environmental preserve so we could provide for educational, cultural and conservation programs," said Mahealani Cypher, president of the civic club and a foundation member. "And maybe someday renovate this building (Omega Station) and convert it into a museum that would honor Omega, that would honor the Ko'olaupoko area, especially He'eia and Kane'ohe."

On a tour of the valley, Cypher pointed out several archeological sites there including the Kehekili or Kahekili Heiau and Kaualehu Cave.

Hawaiian kupuna Caroline Bright and Alice Hewett, both of whom grew up in Ha'iku, said now is the time to preserve the area before someone else tries to develop it.

"This is the center of the whole Windward side and we have Hawaiian information coming from Kailua, Waimanalo and all the way down to Kahuku," said Bright, 83. "Everybody should know what has happened."

STEEPED IN HISTORY

During World War II, Bright used to bring meals to the men who worked at the Ha'iku station, and her family helped workers climb the mountain to hang cables, she said.

Hewett, 77, said the area is important because so many of her ancestors are buried there. Recently honored for 45 years with the Little League, Hewett said she grew up and played in the valley and it should be kept for the children.

"Where in Kane'ohe do we have a place like this?" she asked. "There's no place for our kids. There's no museum."

Other plans for the valley are an amphitheater for performances, gardens to grow plants used in hula, and an educational center with historical information about the military's use of the area, Cypher said. A charter school has leased some of the property but has not yet moved in, she said.

CULTURAL PRESERVE

Bills now going through the legislative process would create a cultural preserve in the valley that could implement these plans. The Senate Ways and Means Committee approved Senate Bill 2727 yesterday and sent the measure to the full House to vote on it. The House version of the bill, House Bill 2704, will be heard tomorrow in the Finance Committee.

In Luluku, next to Ha'iku, similar plans are under way to restore some of the taro fields that once flourished there. The Ko'olau Foundation also wants to preserve archeological sites and educate the public as a means to sustain the area in perpetuity.

The Halawa-Luluku Interpretive Development Plan, created to satisfy historic preservation requirements when H-3 was built, will help. The plan's latest draft just completed a public comment period and awaits consideration by the board of the Office of Hawaiian Affairs, the state Department of Transportation, the Board of Land and Natural Resources and the U.S. Department of Transportation.

"We're beginning to realize, design and hopefully implement these projects within the short term," said Donna Camvel, who has worked to restore the He'eia ahupua'a.

Getting the word out and building community support is the key to success, Camvel said, adding that if necessary, the organizations will go door to door to spread the word.

"Once they see themselves really involved and they have a kuleana here, they can define that kuleana however they need," she said.

FOR THE WHOLE ISLAND

Herb Lee, who has led more than a decade of effort to restore Waikalua Loko fishpond in Kane'ohe, said getting the community to take stewardship of historical sites is critical to saving history.

At one time, hundreds of fishponds lined the Windward shores. Today a handful remain, and only because of efforts from people who value them.

"Kane'ohe is rich in these resources, so it's an opportunity to reclaim them in our generations so that we can learn from them, restore them and pass them on to the next generation," Lee said, calling the projects a once-in-a-lifetime opportunity. "It's not only for Kane'ohe but the whole Windward side, the whole island."

In He'eia and at Kane'ohe Bay members of the groups want to restore taro fields and improve limu production, said Rocky Kaluhiwa, who belongs to both organizations. The civic club is partnering with The Nature Conservancy to provide limu in Kane'ohe Bay, and her husband, Jerry Kaluhiwa, has been instrumental in providing information about growing it, Rocky Kaluhiwa said.

"It's something good for the community because poi is scarce, limu is scarce," she said.

================

** The Lingle/OHA proposed settlement of "back rent" on the ceded lands became highly controversial. Several day-long Saturday hearings were held by the Legislature. Most testimony was opposed, except from institutions beholden to OHA for grants. Eventually the Legislature killed the proposal, and instead ordered a strong forensic audit of OHA regarding both the effectiveness of its management and the way it spends its money. OHA and Governor Lingle and Attorney General Bennett and the daily newspapers all vigorously protested the Legislature's decision to scuttle the "settlement" and to order an audit.

** See news reports under section #1 (OHA/Lingle ceded lands settlement) beginning March 20 and continuing through the end of the session, as the ceded lands settlement was scuttled and attention turned to auditing OHA.

----------------

http://www.hawaiireporter.com/story.aspx?762a102e-2a77-43c7-8cae-d318d6514620
Hawaii Reporter, April 4, 2008

Office of Hawaiian Affairs Needs to Be Transparent and Accountable for Funds It Manages

By Mililani Trask

** Editorial note:
This is a partial transcript of testimony by Hawaiian attorney Mililani Trask on HB266, HD1 ~ Relating to Hawaiian Affairs/Ceded lands made on February 23, 2008 at the Hawaii State Capitol.

I wanted to point out that when you take a look at transferring lands and moneys to OHA you have to also ask, you have the fiduciary responsibility to ask, will these properties be cared for in behalf of the beneficiary?

Members of the legislature, without coming to Ways and Means, without going to House Finance, without making anything public, the Office Of Hawaiians Affairs has now created several Limited Liability Corporations.

This past year lands on Kauai were transferred into Hiileialoha. This past year the Waimea Falls Park on Oahu was transferred into Hiileialoha. Few weeks ago a half a million dollars went in there now we’re waiting for another $4.2 million transfer.

I have brought for the legislature the corporate documents of Hiileialoha which demonstrate that upon the dissolution of this corporation all of the assets, lands and moneys will be transferred to non profit corporations.

This is a mechanism to withdraw lands finances that are assets of our people into private corporate mechanism and I wanted to also inform you that in the last year Hiileialoha has formed three subsidiary corporations.

Only now are they in the legislature with a bill to ask you to legalize this. Have you taken a look at this corporation?

I know that you have not received the valuation reports for any of these parcels. I doubt whether any was done. I can tell this because I’m hearing your questions. You won’t get them and we didn’t either. Is this the way the legislature looks after the Trust Property of our peoples?

I’d like to point out to you that in the last several months there’s been a public and most embarrassing display. Allegations and evidence now surfacing of gross mismanagement of funds at OHA, failure to account for the amounts that have been reimbursed for travel to the mainland. Nepotism. Violation of the state procurement laws and violation of other contractual requirements that state agencies are required to abide by.

This is in the public forum. There has not been any response from the Attorney General’s office and I don’t think that we will see one. That is why today when I come I have to ask you to consider two alternatives. If you’re going to proceed to transfer land and money put it into an escrow account or receivership, we need to have an audit of the Office of Hawaiian Affairs both a fiscal audit and a management audit.

In the alternative, the easier thing to do is hold the measure for a year. Call for the audits and we need both a fiscal audit and a management audit. And if these audits shall come forward and satisfy the legislature that these mechanisms for holding lands and funds are legal, then perhaps you can consider transferring $200 million dollars of assets to a state agency that your legislative auditor already told you had no master plan for the Hawaiian peoples.

That is why I’m asking that you call for an audit now we need two audits and I’m asking that in the interest of protecting our peoples' assets, that you not take this transfer.

I am going to leave with Representatives Barbara Marumoto and Cynthia Thielen copies of documents that I believe raise some pretty serious legal problems with OHA. Most of which have already been made public.

I’m going to leave with you the corporate documents of Hiileialoha. I’m going to leave with you the corporate contracts for Hoakea LLC this was something created by OHA for a media campaign with Barbara Tanabe. Take a look at it. The first contract for $1.1 million dollars. Second contract $90,000. Third contract $100,000 later crossed out and changed to $250,000.

These are contracts that state on their face “for a campaign that will come into effect after the Akaka bill passes. Given the fact that the Akaka bill hasn’t passed why have all of these millions of dollars been transferred out of the Trust without anything, any monitoring of Ways and Means and House Finance.

I’m also leaving with Representatives Thielen and Marumoto all a whole list of grants given out small grants for purposes that purport to be Hawaiian governance. The problem was I couldn’t find them reported in the OHA annual statement.

Thirdly, documents that will set forth thousands of dollars reimbursed to staffers, we’re not able to present receipts for items such as a $1,000 dinner at Tony Roma’s in Seattle Washington. How does this protect the assets of my peoples. Please look at this. Please send it to the auditor.

And finally for your viewing pleasure several of the Hoakea contracts. I’m bringing this to you because I’m trying to show you that we’re not in a position to turn over $200 million dollars worth of lands and proceeds to this state agency without getting some accountability. There isn’t a rush. There is a great need to get accountability here.

And let me ask you chairs especially if you’re able to come up with a valuation reports of any of these parcels. I would appreciate receiving a copy of it. Having served as an OHA trustee and looked at many of these parcels directly I haven’t been able to get thee valuation I haven’t been able to get the formulas uh they wont’ tell me what the $200 million dollars is based on and it’s a totally different figure from what I was working with in 1998 to 2000. Completely a different figure. We need to find out what’s behind the figures and we need to get some accountability.

-------------------

http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20080410/OPINION02/804100308/1108
Honolulu Advertiser, April 10, 2008, Letters to editor

ACCOUNTABILITY
OHA AUDIT SHOULD BE PASSED BY LEGISLATURE

Transparency and accountability of those elected into government are not only fundamental tenets of a civilized democracy, they are the essence of what any government expects of its citizenry.

To accept anything less than an audit of the Office of Hawaiian Affairs would be a travesty of these fundamental principles in the U.S. Constitution; to average citizens it is a betrayal of public trust and confidence.

Recently, this public trust and confidence in government has eroded considerably, as the Superferry fiasco has demonstrated. The same has taken place with the Office of Hawaiian Affairs and its present leadership.

SCR 138 SD1 can remedy this unfortunate reality and avert further misconduct and divisions within our fragile community.

Call and write your state legislators demanding an audit (SCR 138 SD1) of the Office of Hawaiian Affairs be conducted immediately.

Foster Ampong
Kahului, Maui

==============

(8) OHA expands its media presence. Its Monday through Friday 2-hour drive time radio program in Honolulu will be supplemented by additional programs on other stations in Hawaii and on the mainland.

http://starbulletin.com/2008/04/27/business/engle.html
Honolulu Star-Bulletin, April 27, 2008

OHA expands its broadcast reach -- to Las Vegas

The Office of Hawaiian Affairs radio program, "Na 'Oiwi 'Olino," will expand tomorrow -- to Maui, the Big Island and beyond.

Hosted by Brickwood Galuteria and Kimo Kahoano, the show focuses on issues relevant to the native Hawaiian community and airs from 6:30 to 9 a.m. weekdays on KKNE-AM 940 in Honolulu. It also is streamed at www.am940hawaii.com.

On the Net:
» www.fcc.gov

The show will be simulcast on KNUI-AM 900 on Maui, KHLO-AM 850 in Hilo and KKON-AM 790 in Kona. Maui-based Pacific Radio Group Inc. owns the stations and also will run a one-hour version on three of its FMs on Sundays. On the Big Island it will air at 6 a.m. on KAPA-FM 100.3 in Hilo and KAGB-FM 99.1 in Waimea. At 9 a.m. it will air on Maui's KPOA-FM 93.5.

As of next month, KLAV-AM 1230 in Las Vegas will air the hourlong show at 8 a.m. Saturdays.

"Extending the reach to beneficiaries and the public is important to the Office of Hawaiian Affairs," said administrator Clyde Namuo, in a statement. "The radio show is just one venue for us to disseminate information and receive feedback."

Kauai is not in the lineup as Pacific Radio Group owns no stations there.

"We haven't forgotten about Kauai," said Crystal Kua, OHA director of communications and former Star-Bulletin reporter.

KKNE owner Cox Radio Inc. is its main broadcast partner and it "orchestrated the network," but OHA is entertaining proposals to get the show to Kauai.

One potential wrinkle for broadcasters airing Galuteria is that he has announced plans to run for state Senate.

He has not filed papers so on that count he is not officially a candidate.

Once he is, stations carrying the show would have to offer opponents equal time.

The latter fact is found in "The Public and Broadcasting -- How to Get the Most Service from Your Local Station," just updated by the Federal Communications Commission.

Stations must make the booklet available free to consumers, but the guide is also online.

Lest an opponent commence to drooling over airtime, Galuteria's aspirations have been addressed at OHA.

"He's offered to step down from hosting effective July 1st ... (and) will stay on his hiatus until the end of the campaign," Kua said.

With the radio expansion in place, OHA will seek an interim co-host.

"That's one of the next things," she said.

---------------

http://starbulletin.com/2008/08/06/business/engle.html
Honolulu Star-Bulletin, August 6, 2008

Isle-issues radio grows

A Hawaiian-issues radio program will debut statewide, while a long-running show will get a familiar new co-host.

The new show, by the Oahu cluster of the Maui-based Visionary Related Entertainment LLC, is called "Leo Hookahi" and its hosts will be kumu hula and Hawaiian community advocates Vicky Holt Takamine and Wayne Panoke. Radio veteran Noe Tanigawa will serve as moderator.

It will be a magazine-style show including news, "primarily Hawaiian music -- and talk about what's going on throughout the state in terms of Hawaiian issues, Hawaiian music, Hawaiian events and Hawaiian thoughts," said John Aeto, Oahu general manager for VRE.

The show will be produced by Chanel Moke Puha weekly for airing from 8 to 10 a.m. Saturdays on KUMU-FM 94.7 on Oahu; KSRF-FM 95.9 on Kauai; KAOI-FM 95.1 on Maui; KMKK-FM 102.3 on Molokai and KTBH-FM 102.1 in Hilo.

"We wanted to put it on the FM dial (where) there was already substantial listenership," Aeto said.

Meanwhile, Jacqueline "Skylark" Rossetti joined the Office of Hawaiian Affairs' daily radio program "Na 'Oiwi 'Olino" as co-host today.

She and co-host Kimo Kahoano were marquee names for the old KCCN-AM 1420 and also co-hosted years' worth of Merrie Monarch Hula Festival telecasts and other events, "but we'll be working together (on the air) for the first time in radio," she said.

The show is broadcast from 6:30 to 9 a.m. weekdays on KKNE-AM 940, owned by Atlanta-based Cox Radio Inc., as well as Pacific Radio Group Inc. stations on neighbor-island stations. OHA buys the time for the show as an outreach to constituents; it is also a sponsor of "Leo Ho'okahi."

Rossetti succeeds co-host Brickwood Galuteria, who took leave from the show to run for office. "I'm just a fill-in," she said, until an election determines Galuteria's future.

She will co-host from the Big Island and sees the gig as an opportunity to get neighbor island voices heard.

Listeners tell Kahoano how much they appreciate hearing about the "great things" that are happening in the Hawaiian community, that it helps Hawaiians "stand as a culture, together, very proud."

=============

(9) OHA exerts major influence in state and local elections in 2008

What did the televised Honolulu mayoral debate on September 9, 2008 have to do with the Akaka bill? Plenty! It clearly showed the heavy influence already exercised by the Office of Hawaiian Affairs (OHA) in local politics. OHA was sole sponsor of the debate, and its heavy-handed presence was felt in the flags on stage, the choice of journalists, sole control of a segment of questioning, and TV commercials broadcast during breaks. If the Akaka bill passes, the Akaka tribe will sit across the negotiating table from representatives of the State of Hawaii who are elected by a population where 20% of the voters are ethnic Hawaiians and racist institutions like OHA exercise major influence in state and local politics. For details about how the Honolulu Mayoral debate illustrates OHA's power, see:
https://www.angelfire.com/bigfiles90/MayoralDebate090908.html

===================

(10) OHA direct management of Waimea Valley comes under criticism.

http://www.honoluluadvertiser.com/article/20081019/NEWS23/810190342/1001
Honolulu Advertiser, Sunday, October 19, 2008

Hawaiian agency draws critics over Waimea Valley stewardship
Some concerned OHA is transforming valley into a tourist attraction

By Gordon Y.K. Pang

In the months since the Office of Hawaiian Affairs took control of Waimea Valley, the agency's management of the historic area has come under scrutiny and sparked debate about whether it was a positive step.

Opinions are split.

Supporters of OHA's involvement say the valley is slowly being restored to its previous glory and becoming a place where Native Hawaiians can instruct visitors, including other Native Hawaiians, on the ways of the past.

Opponents say OHA is losing money and making poor management decisions, and believe the agency is trying to turn Waimea Valley into a popular visitor attraction like the Polynesian Cultural Center at the expense of cultural and natural resources.

North Shore resident Dolores Blalock, who protested in the 1990s when a former Waimea Valley owner ran all-terrain vehicles through the area, called OHA's involvement in the operations a godsend. A centuries-old heiau has been restored, and wild pigs are no longer being allowed to run through and destroy rare plants.

But Jaime Raduenzel, who quit her post as program manager in mid-August, said in an e-mail to OHA Trustee Rowena Akana that management of the valley has been incompetent and that managers have been more concerned with "how to best entertain the tourists by having some smiling Hawaiians on display."

The disagreement is representative of the larger debate over where the agency devotes its resources.

Criticism about OHA's involvement in Waimea Valley centers on three areas:

The philosophy behind what is being done in the valley.
The management of OHA assets.
OHA's establishment of a limited liability corporation, usually a for-profit mechanism, to manage the valley and a Kaua'i taro farm.

TAKING OVER

Billed as the last intact example of the mountain-to-sea ahupua'a system on O'ahu, the 1,800-acre Waimea Valley was purchased in 2006 with $14 million pooled together by city, state, federal and private sources.

OHA, which contributed $3.9 million, obtained title to the property, with the National Audubon Society running it. Audubon had been managing the facility on a lease since 2003, when the city first condemned the property from Christian Wolffer, who first set up the valley as an "adventure park" and later proposed luxury homes there.

In September 2007, Audubon announced it would pull out of Waimea. OHA set up Hi'ilei Aloha and Hi'ipaka as nonprofit limited liability corporations to manage it, with Hi'ilei Aloha also as parent company to a Kaua'i poi factory.

The OHA entities formally took over operations on Feb. 1.

In Raduenzel's e-mail to Akana, she said that OHA and Hi'ipaka brought "chaos and dysfunction" to the valley, and spoke of "undermining and mean-spirited management techniques."

Raduenzel also charged that Hi'ipaka was focused on drawing tourists to the valley at the expense of cultural and environmental concerns, saying Hi'ipaka officials have even been attempting to incorporate features that can be found at the popular Polynesian Cultural Center.

"There has been no mention of how to better serve Native Hawaiians, no mention of how to get the most at-risk populations involved in experiences at Waimea to strengthen their cultural identity and deepen their roots to ancestral lands — only discussions of how to best entertain the tourists by having some smiling Hawaiians on display," said the e-mail, which The Advertiser obtained.

Reached by phone, Raduenzel stood by her e-mail but would not comment further on the situation.

Some in the North Shore community took exception to Raduenzel's comments.

Native Hawaiian minister Butch Helemano said the centuries-old Hale O Lono heiau at the front of the valley was left to fall into disrepair by previous owners and managers, including Audubon.

OHA paid for the 'ohi'a and materials to restore the facility, and in June, more than 200 volunteers from around the state helped to restore it, said Helemano, kahu for the heiau.

Helemano said he is also in discussions with Hi'ipaka about setting up a Hawaiian learning school at Waimea that would teach people everything from poi-pounding to spear-making. The program is geared for Native Hawaiians and others from Hawai'i, although those from outside Hawai'i will also be welcome, he said.

"You have to have a venue to be yourself, you have to have a venue to be your culture," Helemano said. "We can't do this in Waikiki on concrete and asphalt."

Betty Jenkins said she and two other longtime North Shore residents and retired educators were allowed by Hi'ipaka to set up a "wahi" in the rear of the gift shop where they and kupuna from around the state gather to share stories with themselves and those who visit. "Because we're all retired educators, we all want to share what we know through education and through culture," Jenkins said. She said she was disappointed by what Raduenzel wrote, adding that what she and her fellow kupuna do in the valley is not touristy.

CRITICAL BLOG

But OHA has drawn criticism from those who question the purchase and the operations at the facility.

Raduenzel's e-mail has been used by OHA critics who operate the anonymous "OHA Lies!" blog, where the agency is also being accused of mismanaging the valley while losing $600,000 during the six months ending March 31.

The blog points out that a June report from OHA staff showed Hi'ilei Aloha and Hi'ipaka with a combined deficit of $615,000 in six months.

Trustee Akana, often a critic of OHA management who has denied any association with the blog, said OHA administrator Clyde Namu'o and OHA's land management director Jonathan Scheuer are largely to blame for the loss. "That facility should be run by professional property managers," Akana said. "OHA has no one on staff that can manage commercial property, and I believe that's one of the main reasons we're losing money."

Scheuer, however, said the $615,000 does not accurately reflect revenues and expenses at Waimea Valley. It simply shows revenues and expenses for Hi'ilei Aloha and Hi'ipaka over six months during which, for four months, those entities did not directly receive revenues from the valley. What's more accurate, Scheuer said, is a five-month report through June 30 given to trustees last week showing Hi'ipaka's expenses exceeding revenues by about $196,000 for operating expenses.

That figure, however, does not include $287,000 in expenses-to-revenues incurred by Hi'ilei Aloha, which earns only a small amount of money on its own through interest revenue.

Scheuer said it's unrealistic for anyone to think OHA would earn money immediately after taking over and pointed out that trustees had approved a plan that projected a much larger loss of $627,000 through June 30.

OHA trustees last year approved a $4.5 million infusion to Hi'ilei Aloha, Hi'ipaka and Hi'ipoi (the Kaua'i poi venture), and so far about $2.21 million has been tapped.

"We knew before we purchased Waimea, it was operating at a loss," Scheuer said. "But we believe and we continue to believe that by putting cultural issues first, Waimea can turn into a break-even operation."

Any profits, he said, would then go back into supporting cultural and environmental resources in the valley.

FAMILY REUNION

Last week, hundreds of members of the Hewahewa family gathered for a two-day reunion in the valley. The patriarch of the family was a close associate of Kamehameha the Great who was put in charge of Waimea after the king conquered that portion of the island.

But the reunion was not without controversy.

Some family members felt they were not being treated respectfully by Hi'ipaka officials, that the valley should have been closed to the public during the reunion and that they should not have been charged rent for use of the valley.

Kawehi Kanui, of the Hewahewanui 'Ohana Council, said her group's concerns go deeper. Noting that more than 1,000 members of her family once lived on and cared for the land, Kanui said: "Our hope is to work with OHA to put our people on the land in order to protect and practice our culture without interference by Western people, Western laws and Western ways, in a truly living Hawaiian village ... instead of another tourist entity."

Gary Gill, the former City Councilman hired as executive director when the venture started, was asked to quit in mid-April.

Gill said he was never told specifically why he was asked to leave. "The six months I was there, I'd never worked harder and never been more frustrated," he said. "The oversight being imposed was just very frustrating."

Scheuer said Gill and OHA administration had differences in opinion on how the park was to be managed but would not discuss the reasons for Gill's departure.

Gill said he continues to believe it was appropriate for OHA to take over Waimea, adding that the emphasis was on bringing cultural practices back to the valley when he left. "I wish them well," he said.

MORE CONCERNS

Hawaiian activist and former OHA trustee Mililani Trask said she has concerns about the purchase of Waimea Valley as well as OHA's creation of limited liability companies to deal with the transactions. "The bottom line is that the LLCs represent OHA going into tourist-commercial development business," she said. Trustees should not be purchasing such lands, she said, and should not be using limited liability corporations to do so. "This is not in conformity with the way the entire state manages trust assets," Trask said.

Scheuer said because OHA could find no one with a combination of financial, environmental and cultural expertise necessary to replace Audubon, a limited liability corporation made the most sense. It protects the trust by limiting the liability to the LLCs, and also allows for managers on site to administer day-to-day operations without OHA interference, Scheuer said. While not a usual practice, Scheuer said, other government entities in the U.S. run nonprofit limited liability corporations, and OHA's attorneys have verified it is legal.

Akana, who said she supported the Waimea purchase but is critical of the LLC arrangement, said she does not know how OHA's exposure is limited when Scheuer, Namu'o and OHA Deputy Administrator Mona Bernardino are listed as the officers of the companies.

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Ken_Conklin@yahoo.com

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