Bringing you today’s stories on issues important to Native communities. Native NewsClips is a complimentary service of the Council for Native Hawaiian Advancement. Please save the dates for our Fourth Annual Native Hawaiian Conference from August 30 - September 2 2005, at the Sheraton Waikiki Hotel. For information and updates on our training workshops and events, please visit our Web site: www.hawaiiancouncil.org.



March 18, 2005







HOAP Orientation Sessions and Homebuyer Education Courses – Sign Up now!

HOAP ORIENTATION SESSIONS

The Orientation Sesssions are intended to provide participants with a free introduction to HOAP and the homeownership process. These sessions will include an overview of the Hawaiian Homes Commission Act which guides the Department of Hawaiian Home Lands’ mission and policies, inform participants about the homestead application process, provide updates on DHHL’s development schedule statewide, include an overview of the homebuyer education and case management services that are available, and introduce them to local Providers in the state.

Schedule of Sessions: Listed below are the dates and locations that have been confirmed. CNHA is currently in the process of coordinating more sessions. Please continue to check the website for updated information, and contact the HOAP Information Call Center with any questions.

All Orientation Sessions are scheduled from 6:00 p.m. to 8:00 p.m.

To register for an Orientation Session visit http://www.hawaiiancouncil.org/HOAP.htm.


HOMEBUYER EDUCATION COURSES


The Homebuyer Education Courses are intended to provide individuals and families with homebuyer and financial literacy courses to build skills and help prepare for homeownership and loan prequalification. Multiple local Providers deliver course sessions that include the following topics: 1) Understanding Credit & Obtaining a Mortgage Loan, 2) Personal Financial Management (budgeting, savings, etc), and 3) Credit Ratings, Credit Repair, Debt Reduction and Debt Restructuring. Typically, a complete session entails a total of 10 hours delivered in 2-4 hour sessions over 2-4 days. Participants are able to attend components of a complete series on a variety of dates throughout the year.

Hawaiian Community Assets (HCA) is a nonprofit organization that increases the capacity of low-income communities and individuals in Hawaii to achieve economic self-sufficiency, with particular focus on Native Hawaiians. HCA provides homebuyer education services statewide. A schedule of their sessions in your community are as follows:

Hawaii

March 22nd, 5:30 – 9:30 pm - Money Management, Budgeting, Understanding Credit

March 23rd, 5:30 – 9:30 pm - Accessing Credit, Mortgage Lending Terms

March 24th, 5:30 – 9:30 pm - Inspection and Maintenance, Financial Crisis, Charts and Forms


Oahu

March 29th, 5:30 – 9:30 pm - Money Management, Budgeting, Understanding Credit

March 30th, 5:30 – 9:30 pm - Accessing Credit, Mortgage Lending Terms

March 31st, 5:30 – 9:30 pm - Inspection and Maintenance, Financial Crisis, Charts and Forms


To register for a Homebuyer Education Session from Hawaiian Community Assets visit http://www.hawaiiancouncil.org/hca_workshops.htm or contact them directly by phone at 808.760.5100 or via e-mail at kahuawaiwai@hawaii.rr.com.


Hawaii HomeOwnership Center (HHOC) provides education, information, and support to create successful first-time homeowners. By addressing barriers and increasing rates of homeownership, HHOC aims to build stronger families and communities on Oahu and Kauai. A schedule of their sessions in your community is as follows:


Oahu

April 9th, 8:00 – 10:00 am – Managing Your Money

April 9th, 10:00 – 12:00 pm – Understanding Credit

April 23rd, 8:00 – 10:00 am – Getting a Mortgage Loan

April 23rd, 10:00 – 12:00 pm – Shopping for a Home

May 4th, 6:00 – 8:00 pm – Managing Your Money

May 18th, 6:00 – 8:00 pm – Understanding Credit

May 21st, 8:00 – 10:00 am – Getting a Mortgage Loan

May 21st, 10:00 – 12:00 pm – Shopping for a Home


More sessions are scheduled through August. Please check www.dhhlhoap.org for details.


Kauai

May 21st, 8:00 – 10:00 am – Managing Your Money

May 21st, 10:00 – 12:00 pm – Understanding Credit


More sessions are scheduled through August. Please check www.dhhlhoap.org for details.


To participate in the above Hawaii HomeOwnership Center sessions, you must first register to attend one of the Orientation Sessions listed below:


Oahu

March 29th, 6:00 – 7:00 pm – Introduction to the Homeownership Process

April 13th, 6:00 – 7:00 pm – Introduction to the Homeownership Process

April 28th, 6:00 – 7:00 pm – Introduction to the Homeownership Process

May 2nd, 6:00 – 7:00 pm – Introduction to the Homeownership Process

May 14th, 1:00 – 2:00 pm – Introduction to the Homeownership Process

May 26th, 6:00 – 7:00 pm – Introduction to the Homeownership Process


More sessions are scheduled through August. Please check www.dhhlhoap.org for details.



Kauai

April 15th, 6:00 – 7:00 pm – Introduction to the Homeownership Process

May 13th, 6:00 – 7:00 pm – Introduction to the Homeownership Process


More sessions are scheduled through August. Please check www.dhhlhoap.org for details.

To register for an Orientation Session from Hawaii HomeOwnership Center, contact them directly by phone at 808.523.9500 or via e-mail at info@hihomeownership.org.

Contact the HOAP Information Call Center today for more information and assistance: Direct Tel: 791.3403; Direct Fax: 791.3405; Toll-Free Tel: 866.897.4384; Toll-Free Fax: 866.897.4385; E-mail: info@dhhlhoap.org; Website: www.dhhlhoap.org





 

Statewide Community Presentations on the Akaka Bill begin on Kauai next week


The Council for Native Hawaiian Advancement presents informational presentations on the Akaka Bill and lawsuits threatening Native Hawaiian programs. Supported by the Department of Hawaiian Home Lands, these FREE workshops are designed to enhance the ability of Native Hawaiians to participate in federal legislative initiatives and other public policies that affect them.


Register now to attend any of the workshops next week on Kauai:


Wednesday, March 23, 2005 – Kekaha Neighborhood Center


Thursday, March 24, 2005 – Kauai Veterans Hall


The workshops will run from 6:30 p.m. to 8:30 p.m. and are free of charge. Click here to register and to see the full schedule of workshops to be held on six islands. Become informed, get involved and decide for yourself about the Akaka Bill. For more information, feel free to call CNHA toll-free at 1-800-709-2642 or visit www.hawaiiancouncil.org.





Akaka bill clears panel in Senate

By Dennis Camire
Advertiser Washington Bureau

Posted on: Thursday, March 10, 2005

WASHINGTON — The Senate Indian Affairs Committee yesterday unanimously approved a bill formally recognizing Native Hawaiians as an indigenous people.

The bill now goes to the full Senate for consideration. It would be the first time legislation seeking federal recognition for Hawaiians would receive a full Senate vote, although an earlier version passed the House in 2000.

Sen. Daniel K. Akaka, D-Hawai'i, lead sponsor of the bill, said an agreement was reached last year for the Senate to consider the bill no later than Aug. 7.

Both Akaka and Sen. Dan K. Inouye, D-Hawai'i, said they would work with the Senate leadership about scheduling the debate sooner.

"The problem is that we have some heavy legislation to deal with," said Akaka, mention-

ing proposed Social Security changes, bankruptcy legislation and the budget debate.

Gov. Linda Lingle yesterday received confirmation that two Republican senators, U.S. Sens. Norm Coleman of Minnesota and Lisa Murkowski of Alaska, have pledged to co-sponsor the bill.

The enlistment of GOP support is very helpful because the bill could pass with as few as four Republicans voting for it in the Senate, said Clyde Namu'o, administrator of the Office of Hawaiian Affairs.

"I think our senators are clear that the way this would work is 51 votes is all it would take to get it passed," he said. "There are 47 Democrats, and the Democratic caucus is already supporting the bill. That means you need four Republicans."

But in Washington, both of Hawai'i's senators also indicated that final adoption by the full Senate could be difficult.

Inouye said that despite last year's agreement, he would still expect those opposed to the bill to use any means at their disposal to block it.

A companion measure also needs House approval.

The Senate committee's unanimous voice vote came after it changed the bill to ensure that Native Hawaiians generally would not be eligible to receive federal money now going to programs and services for Indians and Indian tribes.

Sen. John McCain, R-Ariz., the committee chairman, said the change addressed his concern about the possible impact that the 400,000 Native Hawaiians in the United States, once they are federally recognized, could have on federal programs for Indians.

"Federal funding for Indians is insufficient to cover existing beneficiaries and (the bill) could result in as many as 400,000 people being recognized as indigenous native people," McCain said.

"I understand that it was not the purpose of this legislation to allow Native Hawaiians to access federal programs designed for Indians and I appreciate the (bill's) sponsors willingness to clarify this."

Inouye said the change only clarified what the bill's proponents had assured other lawmakers all along.

"It's nothing new," Inouye said. "We have been assuring everyone that this measure will not in any way reduce funding for Indians. We just put it in writing — that is all."

Native Hawaiians already have federal programs for such services as health, education and housing, which are paid for separately.

Not everyone was elated with the bill's progress. In Hawai'i, Maui Loa leads a group of people of at least half Hawaiian ancestry, known as the Hou Hawaiian Band. He maintained that these Hawaiians were federally recognized in the Hawaiian Homes Commission Act of 1921 and that the Akaka bill does not protect their interests.

"We want the dignity of America to stand by our side," he said. "If it really becomes law, we're still that little group determined to move forward. And we will move forward."

The legislation, originally introduced in 2000, would lead to the U.S. government's recognition of Native Hawaiians in the same way that it recognizes American Indians and Native Alaskans. The measure — also known as the Akaka bill — would create a framework for Native Hawaiian governance with authority to negotiate with the United States and Hawai'i over disposition of Native Hawaiian assets.

"I think it costs our nation very little to recognize Native Hawaiians the way they should be recognized," said Sen. Gordon Smith, R-Ore., a committee member. "It's long overdue."

Lingle, who testified for the bill before the committee last week, said the measure is vital to the survival of the state's host culture and character, and for parity in federal policy for America's native peoples.

"The collaborative effort on behalf of this legislation has been a unifying force in our state," Lingle said. "I now look forward to the next step when the bill comes to the Senate floor for a vote."

Akaka said he was pleased the committee had approved the bill for the fourth time since it was originally introduced in 2000.

"This bill is important to everyone in Hawai'i because it provides the structured process we need to begin to resolve the long-standing issues resulting from the overthrow of the Kingdom of Hawai'i," he said. "This bill will help us to resolve these issues and move forward as a state."

Staff writer Vicki Viotti contributed to this report.





Case says U.S. DOE workshops will help local groups apply for Native Hawaiian education funds

 

Washington, D.C. - Congressman Ed Case says up to $12.7 million in federal grants will be available this year to fund educational programs for Native Hawaiians, but he's concerned that not enough organizations in areas populated by the highest concentrations of Native Hawaiians are aware of the grants. 

 

Case recently wrote U.S. Secretary of Education Margaret Spellings to request USDOE conduct an outreach program targeted directly to Hawaii's Native Hawaiian communities. USDOE, in conjunction with the Native Hawaiian Education Council, has scheduled six workshops on the Native Hawaiian Education Program, established by Senator Daniel Inouye, on Oahu, Molokai, and Hawaii Island from March 21 to 24, 2005. The program supports innovative projects that enhance educational services for Native Hawaiian children and adults. Subsequent workshops for Maui and Kauai are being planned.

 

"The Native Hawaiian Education Program funds vital programs to improve the educational achievements of Native Hawaiians in the pre-school and elementary levels and in the areas of special education, higher education and gifted and talented education," said Case. "The Program received $33 million and $34 million, respectively, for FY 2003 and FY 2004.  I want to assure that areas with significant populations of Native Hawaiians, particularly on the Waianae Coast and Molokai, receive their fair share of attention and funds.  I also would like to see sufficient resources provided to the Native Hawaiian Education Council so it can continue to help with coordination activities and provide direction and guidance to federal, state, and local officials on Native Hawaiian education as required under the Act."

 

"Twenty to 30 grants will be awarded this year with an estimated range of $375,000 to $1.1 million. Most of the $34 million in federal funds that the program will award will go to continue existing programs, but $12.7 million is available for new grants. I asked the Department of Education to specifically visit the Waianae Coast and Molokai, where needs are great but program knowledge appears especially lacking, to ensure that these communities are aware of the program."

 

Workshop participants will include:

 

The following is a listing of the workshops:

 

■ Pearl City, Oahu

Monday, March 21, 2005

6th Annual Native Hawaiian Education Association Convention, Leeward Community College

(Note: Individuals must register for the convention to participate at http://www.nhea.net)

 

■ Kalamaula, Molokai

Tuesday, March 22, 2005

3:30 p.m. - 5:30 p.m.

Office of Hawaiian Affairs Conference Room

 

■ Kailua-Kona, Hawaii

Wednesday, March 23, 2005

8:00 a.m. - 10:00 a.m.

Queen Liliuokalani Children's Center, Kona Unit

74-5490 Makala Blvd.

 

■ Hilo, Hawaii

Wednesday, March 23, 2005

6:00 p.m. - 8:00 p.m.

University of Hawaii at Hilo

Hale Kuamoo

200 W. Kawili St., Hilo, Hawaii

 

■ Waianae, Oahu

Thursday, March 24, 2005

10 a.m - 12 p.m.

Waianae Intermediate School Cafeteria

85-626 Farrington Highway

 

■ Kaneohe, Oahu

Thursday, March 24, 2005

6:00 p.m. - 8:00 p.m.

Windward Community College

Paliku Theatre

45-720 Keaahala Road

 

For further information about the federal Native Hawaiian Education Program, including the FY 2005 awards process (application deadline is 4/14/05 and includes $12.7 million in available funds), please contact Beth Fine, or Francisco Ramirez, U.S. Department of Education, at: (202) 260-1091 or (202) 260-1541. E-mail: beth.fine@ed.gov or francisco.ramirez@ed.gov.  Further information and application materials can also be obtained at: http://www.ed.gov/programs/nathawaiian/applicant.html.





Moloka'i land sold despite protesters

By Andrew Gomes

Advertiser Staff Writer

Posted on: Friday, March 11, 2005

KAWELA, Moloka'i — About 200 people protested the auction yesterday of 1,046 acres on Moloka'i by software guru John McAfee but, despite several tense moments, the land was sold.

The nationally advertised auction also brought out about 40 qualified bidders and the entire 12-member Moloka'i police force, plus about as many officers from Maui to help maintain peace.

The land, comprising five separate parcels, sold for $2.85 million to an anonymous buyer, more than double the $1.3 million McAfee paid in July 2003.

One longtime community activist said the protest drew a level of support not seen since opposition in the 1970s to military practice bombing of Kaho'olawe.

"If McAfee wins, all his friends are going to come here and do the same thing. We might as well move out," said Walter Ritte, a hunter and Native Hawaiian community activist.

"This is basically a power struggle for Moloka'i's future. Our future generation is going to pay the price. They aren't going to be able to afford to live here."

Some Moloka'i residents worry that wealthy Mainland investors buying large parts of the rural island will raise property values and taxes so much, families who have lived here for generations won't be able to afford homes. Others were more offended by advertisements that touted the agriculture- and conservation-zoned property near Kawela as having "excellent development potential," though it is uncertain whether even one home would be allowed on beachfront parcels under state land-use regulations.

Josh Pastrana, an employee of Akaku-Maui Community Television, arrived at 6:30 a.m. to help set up tents and tables and to cook chicken on a grill along the highway that runs through McAfee's property. "Basically I'm here for our 'ohana," he said. "They are trying to keep Moloka'i Moloka'i."

The crowd tried to dissuade bidders by displaying signs reading "Developers Go Home," "Auction Cancelled Today" and "Keep Out Speculators." They also led rousing chants in Hawaiian, prayed and took up a pledge to help the Molokai Community Services Council make a bid.

Ten-year Molokai resident Gene Anderson pledged $1,000. "I'm not Hawaiian," he said. "I'm a haole out here. You have to love the land. The place has a special feeling. I just don't have a good feeling about (McAfee)."

McAfee, 60, is the founder of McAfee Associates, which makes anti-virus software for computers. He put down roots on the Friendly Isle a few years ago, and was generally embraced by residents for his contributions to the community, such as donating computers to the local high school and paying for newspaper ads to fight drug abuse.

At the beachfront auction site on McAfee's property, performers played Hawaiian music, though a "Stop the sale" chant from the road 50 yards away could be heard over the musicians. About 20 feet off the beach, a small sailing canoe was anchored to display another sign, which read "Molokai Not for Sale."

Shortly before the 1 p.m. auction, emotions flared when McAfee was asked to address the crowd along the road. As many as a dozen demonstrators pushed through a police line onto the private land, causing a commotion. McAfee was ushered away, but returned soon after Ritte calmed the crowd and asked McAfee to stop the auction.

"I hear you, I appreciate you, but it's too late," said McAfee, who wanted to build a house on the land but said he ran into frustrating permitting hassles that led him to sell the property.

An auctioneer from Alabama-based National Auction Group Inc. warmed up the bidders with the sale of a pair of binoculars to benefit a local school group. McAfee was the winning bidder at $1,800.

Then the serious bidders had their chance in what would be two rounds of bidding. In the first round, the five parcels were offered separately.

Andy Kante, an engineer from Half Moon Bay, Calif., who said he is regular visitor to Hawai'i and wanted to build a home for retirement, submitted the winning bid of $575,000 for a 9-acre beachfront site. All five parcels, three of which included partial fishpond ownership, were eventually sold to separate buyers for a total of $2.5 million.

But under auction rules, any buyer who was willing to pay more for all five parcels together could reopen the bidding. A couple in the tent with paddle No. 47 restarted the auction at $2.6 million, and bid back and fourth against an off-island bidder connected by telephone.

The duel ended shortly with a bid of $2.85 million by the couple. The winners — a woman with a Tommy Bahama-style blouse, and a man with a similar-style aloha shirt and a "Cancun Mexico" cap — declined to be identified or say what their intention was for the property, according to their bodyguard.

Their purchase is expected to be completed and become public record next month.

A disappointed Bill Kapuni was one of the few community residents and groups who tried to save a piece of the land for the people of Moloka'i. His bid of nearly $557,000, which was backed financially by his son-in-law on O'ahu, fell short on a 506-acre upland parcel.

"We just wanted to secure the land for future Moloka'i use," he said.

McAfee did not know the winning bidders, but had said before the auction that he hoped whoever was successful would be acceptable to local residents.

McAfee, who has been described as somewhat of a recluse with a fortune estimated a few years back at $100 million, said he is buying 1,800 acres several miles east in Mapulehu in a deal in escrow for an undisclosed price.

"I want to build a home further away from people," he said.

Reach Andrew Gomes at agomes@honoluluadvertiser.com or 525-8065.





Battle begins over burial artifacts

By Vicki Viotti

Advertiser Staff Writer

Posted on: Monday, March 14, 2005

Three days of arguments over cultural objects, chiefly involving Bishop Museum officials and some of their longtime opponents in issues of native burial law, began yesterday by spotlighting the sharp split among Native Hawaiians in the emotional custody battle over ancient artifacts.

Presiding over the sessions at the East-West Center are five members of a federal review committee set up under that law, the Native American Grave Protection and Repatriation Act (NAGPRA).

By tomorrow's adjournment, they hope to foster some solution to the impasse between the burials protection group Hui Malama I Na Kupuna O Hawai'i Nei and its adversaries, the museum in particular.

However, Timothy McKeown, the administrative officer for the committee, suggested at the outset that final answers to the thornier questions, such as the controversial "Forbes Cave" decision affecting 83 Big Island artifacts, may be a matter for courts to decide.

At yesterday's session in a packed Keoni Auditorium, the hui and its supporters stood on one side of the debate, maintaining that several objects in question belong not in a museum but with Native Hawaiians, in most cases the ancestors they say were buried with them.

On the other stood those who believe that some of these items may not be burial objects at all, and that the museum is generally better equipped to take care of cultural treasures. At the very least, say some critics of Hui Malama, a wider range of Hawaiian groups should be given fair consideration as stewards.

"Our culture has been very much endangered," said Charman Akina, a member of the museum's collections committee. "We Hawaiians need to be able to see these artifacts ... if we are really going to learn about our past, artifacts have to be preserved and made available to the public."

For their part, hui supporters said these objects are not the property of the general public but of the specific ancestor who owned them in life or — in the case of the Kalaina Wawae, sandstone "footprint" blocks carved from a rock face — of the Moloka'i land from which they came.

The museum has retained title to the blocks but struck a private agreement with a Moloka'i group to care for them and then paid to install them at a coastal site. The hui wants to have the objects declared "cultural patrimony" — meaning that they are so central to the culture that they can't be owned — to rescind the museum's title.

"They're home now, but our job isn't done because we have to guarantee they won't be taken again," said Edward Halealoha Ayau, the po'o (head) of Hui Malama.

The museum had been close to including Hui Malama in that agreement but later deleted them from the legal papers, said museum president William Brown. The reason: The hui's decision in the Forbes case to sign a loan agreement for those artifacts with no intent to return them, and then to rebury them in the cave, Brown said.

"We were uncomfortable accepting any signed agreement with them, because Hui Malama had signed a loan agreement that they would return the objects, and didn't," he said.

In another Moloka'i clash, the museum is asserting its ownership of a wooden figure, or ki'i, arguing that it was acquired through legal means from someone believed to have the right to sell it. The hui brought several Moloka'i youths to make the case that the ki'i, as well as other items from an area of sand dunes at Mo'omomi, were funerary objects and should be reburied.

"Even without going there in person, I know I have no reason to walk those sands, and so I have honored the sacredness of my ancestors as an obedient, respectful grandchild," said Nelson Jenks-Pua'a, 16.

Finally yesterday, the committee heard from officials from the Hawai'i Volcanoes National Park, where five more objects from the Forbes collection now reside. Cindy Orlando, park superintendent, said officials now are consulting with 46 different Native Hawaiian organizations on how to classify the objects and whether they must be returned to native ownership under the law.

Hui supporters pointed to evidence that the objects were part of the burial of a Hawaiian ali'i.

"These are items that were supposed to remain there with their chief," said archaeologist Kehau Abad. "They don't belong to all Native Hawaiians."

Reach Vicki Viotti at vviotti@honoluluadvertiser.com or 525-8053.





Makiki land's future safe, official tells Hawaiians

By James Gonser

Advertiser Urban Honolulu Writer

Posted on: Friday, March 4, 2005

A city development plan in Makiki includes using a state Department of Hawaiian Home Lands property for public recreational activities, which has some nearby Hawaiian beneficiaries concerned that the land might not be used for housing.

But a spokesman for the department said the city plan is incorrect and there are no plans to use, sell or trade the property.

"The department is always open to discuss uses of our property and ways to benefit Native Hawaiians, but at this time we have no plans for that property," said DHHL spokesman Lloyd Yonenaka.

The property is behind Stevenson Middle and Lincoln Elementary schools and stretches from Prospect to 'Auwaiolimu streets.

There are three Hawaiian homesteads in the immediate area — Papakolea, Kalawahine and Kewalo — and residents want to make sure that the property is used for housing and not given up for other uses.

"We want the leadership from DHHL to pursue something for the beneficiaries and not move into a land swap for a passive park and hiking trails," said Richard Soo, a Kalawahine resident and member of the neighborhood board for the Makiki area. "The beneficiaries had no knowledge of what is being quoted in this community plan."

The community plan is paid for with a $50,000 city vision team appropriation and was presented to the Makiki/Lower Punchbowl/Tantalus Neighborhood Board at its meeting last month. The plan looks into many aspects of living in Makiki, including park space, parking, business support and appropriate development.

John Whalen, of project consultant Plan Pacific, said the idea was simply a proposal made after talking to planners at DHHL who seemed receptive to the idea. Whalen said the land was being considered for elderly housing but it is steep and would be difficult to build on.

"The idea was to make a use of the land; it could be through a land swap for something more usable for homesteads," Whalen said. "We are looking at the long range and the details of how that would work would have to be decided later. The city at this point doesn't have any specific land they would swap."

Whalen said Makiki is densely populated with few properties available to create more open space and this land was seen as fitting in with the other recreational uses for the adjacent city park and schools.

"A lot of steps would have to be taken before any of this is executed," he said. "It is not going to proceed until the city and DHHL, one approaches the other and they decide to act on it or not."

Whalen said the community plan, which has been a couple of years in development, does not have any "binding effect of law," and will likely be accepted as a committee report to the City Council at some point.

Yonenaka said the property is land-banked and when any plans are made, the residents will be fully involved in the process.

Reach James Gonser at jgonser@honoluluadvertiser.com or 535-2431.





State probes 'injury' to iwi

By Vicki Viotti

Advertiser Staff Writer


Posted on: Wednesday, March 9, 2005

The state attorney general's office has launched a civil investigation into the appearance of "widespread desecration and injury" during archaeological work on Native Hawaiian remains unearthed during construction of the Ke'eaumoku Street Wal-Mart complex.

This has "indefinitely" postponed the reburial of an estimated 61 sets of iwi, or bones, according to yesterday's announcement by state historic preservation officials. Last month, officials put off the Feb. 18 reburial.

Dick Pacific Construction Co., the contractor on the Wal-Mart project, hired Aki Sinoto Consulting for the archaeological inventory of the remains. And Sinoto and the crew of his namesake company had been working since the summer on sorting out the remains, some of which were mixed because of previous development at the site.

The potential violations of state burial law include gluing of the remains during the inventory work, said James Paige, the deputy attorney general working on the case.

"Also, there appeared to be a lot of writing on remains with what looks to be permanent marker or ink," he said. "Any time you use an intrusive method to examine remains, you need to get authorization. You're dealing with a human's remains, a sensitive cultural issue."

Paige said he has not seen the remains, which are in a secured trailer on the Wal-Mart property, but he said state historic preservation officials checked them and reported that the writing and the gluing may have gone beyond what was authorized.

Sinoto, who turned over the remains after the state set a Feb. 11 deadline, said yesterday that he has not received official notification of any specific allegations and thus declined comment.

However, Rona Ikehara, an archaeological bone specialist he hired to assist in the work, issued a written response in which she called the state's action "absurd."

"The remains were treated by laboratory personnel with utmost respect at all times," Ikehara said, adding that the staff was "forbidden to complete this task, which could have been finished with only a few more weeks of work."

Miles Takaki, member of a family who had been designated as "lineal descendants" under the burial law, agreed and said that the family found none of the work to be desecration. Takaki also said state officials have not communicated about any of this with the direct descendants. "We question the motivation of this investigation and why so late in the game," he said.

Melanie Chinen, state Historic Preservation Division administrator, could not be reached for comment. But in a written statement, she said the state must investigate possible violations "to ensure the future protection of all human remains and to preserve the burial traditions in our community."

Attorney Moses Haia is representing families that filed a suit challenging the way state burial law has been enforced in the Wal-Mart case. The lawsuit is scheduled for court hearings this summer.

Haia acknowledged that further delay of the reburial "troubles us" but added that potential violations should be investigated. He said he is doing his own check of public documents to see if there's evidence of violations.

In a written statement, Wal-Mart spokeswoman Cynthia Lin said the company "will continue to cooperate with all involved parties until the iwi are reburied."

Reach Vicki Viotti at vviotti@honoluluadvertiser.com or 525-8053.





Hokule'a galvanizes students


Jan TenBruggencate

Advertiser Science Writer

Posted on: Monday, March 14, 2005

The voyaging canoe Hokule'a will sail next week from Ka Lae on the Big Island on another voyage that links Hawaiian canoe culture to the environment and education.

"We're using canoes and heritage to look at social and environmental issues," said Nainoa Thompson, the Polynesian Voyaging Society's veteran navigator.

Thompson said 13 high-school students from public, private and charter schools on O'ahu will paddle one-man canoes along the leeward side of the main Hawaiian Islands, with Hokule'a sailing alongside.

During the stops, the students will dive on coastal reefs, meet with land managers ashore and learn about issues in the Hawaiian environment, he said.

"We want to inspire students to explore and care for the ocean, coral reefs and these islands," Thompson said.

Each of the students has been raising pledges per mile paddled, and the project is expected to raise about $10,000 for the Children's Justice Center, a state judiciary program for abused children in Hawai'i.

The first leg of the effort is a seven-day trek during the spring break that goes up the Big Island's leeward coast from Ka Lae (South Point) to Mahukona. The students will paddle a dozen or so miles each day. The first day, March 21, from Ka Lae to Okoe, will be the longest at close to 20 miles. Some segments will be less than 10 miles.

The group will do Maui County April 22 to 24, Moloka'i to O'ahu April 20 and 30, and Kaua'i County May 6 to 8. The overall event is titled "Kapu Na Keiki."

"When it's over, we will have paddled from South Point to Kaua'i over four weekends, on the lee sides of the islands," Thompson said, with a possible sailing visit to Ni'ihau. The kids will not paddle the channels between the islands.

The students are Haunani Kane, Clifford Kapono, Mark Towill, Ka'ulunahenahe Samson, Waimea McKeague, Teresa Kaho'okele, Ili Peneku, Lono Kealoha, Kapena Na'auao, Kamuela Paikai-Hind, Uluwehi Keaunui, Denise Kobayashi and Kanoa Brown. Others may join during the coming weeks, Thompson said.

"With 62 paddling clubs and 16,000 paddlers in Hawai'i, the canoe has become a unique tool for creating powerful learning experiences. We're not the only canoe organization doing this kind of thing, but we're trying to do our part," he said.

If you have a question or concern about the Hawaiian environment, drop a note to Jan TenBruggencate at P.O. Box 524, Lihu'e, HI 96766, e-mail jant@honoluluadvertiser.com or call (808) 245-3074.





Stick a feather lei in caps of cultural crafts mavens

By Catherine E. Toth
Advertiser Staff Writer

Posted on: Thursday, March 3, 2005

Mary Lou Kekuewa is never without her feather combs.

They have become her signature, marking the legacy of this 79-year-old widely considered a pioneer in the art of feather lei.

"I decide what I'm going to wear based on the comb," Kekuewa said with a laugh. "But my daughter, she'll never wear them."

For 14 years Kekuewa and her daughter, Paulette Kahalepuna, have been operating Na Lima Mili Hulu No'eau, a feather-lei supply shop on Kapahulu Avenue, where they conduct lei-making lessons six days a week. Kekuewa, however, has been teaching the craft for more than 30 years.

For their contribution to perpetuating the Hawaiian culture, Kekuewa and Kahalepuna earned the prestigious 'O'o Award from the Native Hawaiian Chamber of Commerce.

The small store is a one-stop shop for feather lei-making. Large blue bins filled with dyed goose feathers line one side of the store. Toward the back are more bins of feathers, these from mallard ducks, roosters, hens and peacocks. On the back wall are finished lei hulu — traditional neck and head lei strung in the wili poepoe style, as well as contemporary hatband styles sewn as humu papa — done by students and sold on consignment.

It's obvious how important heritage and family are to Kekuewa. Shelves and walls are lined with framed photographs of those who have influenced her — from her parents, to her late husband, to her mentor, Leilani O. Fernandez.

In a back corner is a display case of a feather cape that Kekuewa made herself. It took her 13 years and thousands of dyed goose feathers. Black for the Native Hawaiian's dark past, red for the bloodshed, green for the lush valleys of the Islands and gold for their golden future.

"I never get tired of this," Kekuewa said. "I don't do this to get a pat on the back. I do it for my culture. Hawaiians don't just play 'ukulele and dance hula. There is a serious side of our people, too."

Kekuewa and Kahalepuna credit their longevity to one thing: their unwavering belief in perpetuating a part of their Native Hawaiian heritage.

"This is part of our cultural identity," said Kahalepuna, 59, helping a Japanese visitor with her yellow feather lei. "Regardless of who comes in here to learn, we'll teach them."

Local businesses owners who incorporate their Native Hawaiian culture and heritage into their enterprise are finding they are filling a niche for both residents and visitors alike.

And now with the support of the Hawai'i Tourism Authority, which considers honoring and perpetuating the Hawaiian culture and language among its priorities, businesses that continue these traditions are seeing increased interest among visitors to the Islands.

"The global market now for the visitor industry is incredibly competitive," said Peter Apo, director of the Native Hawaiian Hospitality Association. "The only thing that distinguishes Hawai'i from the rest of the market, especially tropical destinations, is the Hawaiian culture and people. If you want a Hawaiian experience, it has to involve Hawaiians. You can do all the landscaping in the world, but if the Hawaiians aren't there, there is no sense of place."

For 35 years Tihati Productions, which has more than 1,000 employees, has brought to life the Hawaiian culture in its dozens of productions statewide. More than 60 percent of its performers are Native Hawaiian.

"We're all about bridging the gap and making certain that people respect the host culture," said Cha Thompson, who runs Tihati Productions with her husband, Jack. "Commerce is good if it's something that's enhancing our lifestyle without forsaking the old."

The family-owned Princess Ka'iulani Fashions in Kalihi has catered to the local market for decades with its traditional mu'umu'u, holoku and holomu.

In recent years the company added resort wear and casual aloha wear lines to adapt to contemporary tastes. But it didn't replace the traditional style of mu'umu'u for cheaper Hawaiian-style attire to increase profits.

"Bigger doesn't necessarily make you a better company," said Jill Anderson, vice president of the company started by her parents more than 40 years ago. "We just found our niche."

In addition to supplying graduation attire for private schools such as Punahou and Iolani, Princess Ka'iulani Fashions also features a popular bridal line, offering styles very distinct to Hawai'i in modern fabrics such as silk and charmeuse. That now makes up about 15 percent of its business.

The Japanese market has also grown for the company, with the increase in popularity of hula in Japan.

This has prompted the company to open a second retail location on Kapahulu Avenue this year, hoping for greater visibility for its upscale designer Hawaiian-style fashion.

"We've always been about quality and keeping that quality, even at a lower volume," Anderson said. "The quality makes up for (the volume). That's always been the rule of thumb here. ... I love the idea of keeping the business the way it's been."

That kind of attitude — or belief in what the company stands for — is what drives these companies to be successful.

"Believing in your business, believing that your idea for a business is right, is probably the single key factor in driving an entrepreneur to success," said Andrew Poepoe, Hawai'i district director for the Small Business Administration. "Nothing else will come close to driving an entrepreneur to work the long hours and long weeks necessary to achieve success."

Reach Catherine E. Toth at 535-8103 or ctoth@honoluluadvertiser.com.





Hawaiian artisans get glossy coverage for a global readership

Advertiser Staff

Posted on: Thursday, March 3, 2005

Kumu hula Mapuana de Silva. Feather-shop owner Auntie Mary Louise Kekuewa. 'Ukulele master Eddie Kamae. Wood sculptor Rocky Jensen. Tattooist Keone Nunes.

All are familiar names to those who follow Hawaiian arts, but they're news to most of the 50,000 people in 14 nations who subscribe to Native Peoples magazine. Its editors have decided the arts of the kanaka maoli merit the cover of the March/April issue. Dwayne Kobayashi is pictured on the cover, performing hula kahiko.

This is the first Hawaiian-focused cover feature in the bi-monthly magazine.

Copies of the issue are very scarce in Hawai'i but can be ordered at www.nativepeoples.com or by calling (888) 262-8483, ext. 100.





Leadership Corner: Peter Apo


Interviewed by Catherine E. TothAdvertiser Staff Writer

Posted on: Monday, March 14, 2005

Name: Peter Apo

Age: 66

Title: Director

Organization: Native Hawaiian Hospitality Association

High school: Mid-Pacific Institute

College: Studied psychology at the University of Oregon; didn't graduate.

Breakthrough job: Director of the city's Office of Waikiki Development. "It changed my life," Apo said.

Little-known fact: Apo left college to become a professional musician in a folk band called the Travelers 3. The band cut four albums and toured the country. After that, Apo served as road manager for a national promoter, touring acts such as Kenny Rogers and The Eagles. He's still involved in music, running his own record company, Mamo Records, and playing music in his spare time. "I've lived three or four different lives," he said, smiling.

Major challenge: Achieving financial stability for the association

Book recently read: "Managing With Aloha: Bringing Hawaii's Universal Values to the Art of Business," by Rosa Say

Hobbies: Playing music, working out, bodyboarding, traveling. "I could live in Italy," Apo said.

Mentors: The late Dr. George Kanahele and Kenneth Brown, founders of the Native Hawaiian Tourism and Hospitality Association. "They had vision," Apo said. "They practiced what they preached. They were committed to Hawaiian values. What we do (here) is about that. Hawaiian values are fundamental to everything we do."

Q. You have been a Hawaiian activist, a neighborhood board member, a trustee for the Office of Hawaiian Affairs and a state legislator. How did you move from the political arena to tourism?

A. In 1994, I went to work for Mayor (Jeremy) Harris as director of culture and arts. Then in 1996, the governor (Ben Cayetano) stole me away. He actually took me behind a bush and whispered, 'You gotta come work for me.' I still think about that. I was special assistant for Hawaiian affairs for two years. Then I retired from the state. My wife and I were in Italy, having a great time, and the mayor (Harris) called because the city was starting a $35 million project in Waikiki and he needed a director of Waikiki development. So he asked if I were interested, and I said yes. That's what got me started on tourism, and I was fascinated by it.

One of the founders of this organization, George Kanahele, was working on a program to restore Hawaiian-ness to Waikiki. So I got to know him really well, and I was really inspired by his vision, not just about Waikiki but about tourism in general, how Hawaiians needed a seat at the table. So I've made that my life's mission.

Q. Do you prefer working in this industry?

A. I feel I've never done anything in my life that I've enjoyed as much or felt that what we're doing really has a higher purpose. And it's not just about Hawaiians. It's about trying to shift the paradigm on the business model of the art of welcoming strangers ... So it's continuing the need to practice some political savvy. Advocating paradigm shifts isn't easy. So we try to connect the culture to the bottom line and do it in a way that brings dignity. And we're trying to open up opportunities for our people to access the market.

Q. What do you find so fascinating about your role with the organization?

A. One of the most interesting things that we do is we meet head-on this love-hate relationship that local people have with tourism. We talk about that openly both to them and the industry. And our explanation is that the concept of welcoming strangers is a proud tradition; it's a Hawaiian tradition. If you don't like the business model for how it's being acted out, then you gotta help us change it.

Some buy in and some don't. There are some principles we try to bring to the table on what this new ho'okipa model will look like. And all of it really is centered on a concept that George Kanahele developed, which is that the model has to not only benefit the industry, but it has to benefit the place and the people. You have to have a triple bottom line. And if you do that, what will happen is you will create a much more sustainable model, you'll have a happy host and the sense of place and traditions and customs will be perpetuated as part of the visitor experience.

But it's not just for the visitors; it's for the local people, too. You know what's ironic? Local people want the same thing tourists want.

Q. How do you feel about the oft-disputed improvements to Waikiki?

A. I think the city has brought new life into that whole district. You know, there was no investment in Waikiki for years until Mayor Harris, against great odds, decided to pump the first $50 million into Kuhio Beach. And that's what triggered a renewed sense of confidence in the destination and its future, and it triggered the private sector interest.

Q. Where are you in your plans to launch a comprehensive Web-based database that will store information about the Hawaiian culture and provide a way for people, both tourists and residents, to access experts or find out about events?

A. We have a business model and a reserve site already. We're now talking with HTA (Hawai'i Tourism Authority) about some significant funding to move to the next step. We have five content categories that we've developed ... The money received to develop this database, we hope, will come from the visitor industry. But the target of the database is not visitor-centered. The assumption is if you do stuff for local people, visitors will like it, too.

Q. What do you find rewarding about your job?

A. It allows me to express my Hawaiian-ness. It gives me the opportunity to mix with some of the greatest minds. I get connected to other Hawaiians, and that's really important to me ... I feel really alive.





Firm run by Hawaiians lands Navy contract

By Dan Nakaso

Advertiser Staff Writer

Posted on: Wednesday, March 9, 2005

A downtown Honolulu company run by Native Hawaiians has won a Department of Defense contract worth $17 million, which could grow to $26 million, to repair and maintain about 2,500 Navy homes, playgrounds, community centers and common areas around Pearl Harbor and Central O'ahu.

The contract with Hui O Hawaii Hale LLC runs from April 1 through March 2006, with the possibility of a six-month extension. The work is intended as interim maintenance until the Navy homes and grounds are taken over by Hawaii Military Communities LLC, which will renovate and maintain them for 50 years.

Hui O Hawaii Hale LLC won the sole-source contract under the U.S. Small Business Administration's 8(a) program for disadvantaged enterprises. Its parent company, Hana Engineering, is run out of the Davies Pacific Center on Bishop Street by David Cooper, Irwin Cockett and Alvin Pauole, who are all Native Hawaiian, Cockett said yesterday.

Hana Engineering was formed in 1994 and employs about 200 workers.

One of its subsidiaries, Hui O Ka Koa LLC, has a separate Navy contract to provide security for Navy facilities at Pearl Harbor, West Loch and Wahiawa. Another Hana Engineering subsidiary, Hana Oleo LLC, performs information-technology work for the Navy, said Don McGee, Hana Engineering's director of contract accounts.

The latest contract "is sizeable," McGee said. "It's up there with the other things we have."

Andy Poepoe, the district director of the U.S. Small Business Administration's Hawai'i office, has been pushing to expand the number of federal contracts for 8(a) firms, especially businesses run by Hawaiians.

Poepoe, who is part of a prominent Hawaiian family, oversees a one-of-a-kind federal program that makes it easier for Hawaiian small businesses to win Defense Department contracts within the Islands.

Jane Sawyer, assistant district director for the Hawai'i SBA office, said Hana Engineering's latest contract "mean(s) that the government is recognizing that 8(a) firms can deliver. We're really excited about this opportunity for another 8(a) firm and pleased with what it means for other small businesses. There are lots of opportunities available."

Reach Dan Nakaso at dnakaso@honoluluadvertiser.com or at 525-8085.





It takes a village to ease ethnic tensions


By Vicki Viotti

Advertiser Staff Writer



Pacific Islanders often face a tough adjustment to American life and culture — so tough that some families decide to send their youth back to the home village.

That's not always an option, however, which might be why a grassroots movement quietly has begun to create a bit of the village here instead.

Two projects have sprung up independently, using two strands common to most Pacific cultures: music and the church.

One is a dance group in which youths from Micronesia, Samoa and other Pacific islands learn each other's dances.

The other is a Micronesian-Samoan-Tongan ministers conference, established out of concern about recent episodes of violence between the groups.

Their founders fervently hope these strands will help weave a comforting web of support for island people in an urban setting.

Members find support, and even cultural kinship, said Marleen Lafaele, 23, president of the youth group Dances of Paradise.

"The dances are very similar," said Lafaele, who founded the group at Mayor Wright Homes, across from Palama Settlement. "We dance about love, we dance about happiness, family ... and we all kind of understand what it means." The group, with more than 60 dancers ranging in age from about 4 to 25, practices Fridays and Saturdays at the Mayor Wright community center and in its 18-month history has performed at cultural fairs and other events.

The dancers filtered in slowly at Friday night's rehearsal, some making the crosstown trek from other housing complexes. A trio of girls — one Marshallese, one Micronesian from Chuuk, and one Samoan — stood up happily when Lafaele asked if they were ready to dance.

"I've been ready for a long time," said Jumena Esah, 10, who moved here from Chuuk three years ago. She grinned, and the music started.

A newer development in the past few months has been the convening of the Pacific Islanders Conference, a coalition of pastors from about three dozen congregations, including Samoans, Micronesians and Tongans. The assembly, which started monthly meetings in January, was created in part because of a fatal stabbing in October near Mayor Wright Homes. The death resulted from a fight that involved Micronesians and a part-Samoan victim, said Manny Sound, president of the community group Micronesians United that organized the first meeting.

But it was only the latest episode in ongoing tensions among residents and recent migrants, tensions often exacerbated by the use of drugs or alcohol, said some of the ministers who responded to the call for a pastors council.

It's not that such things don't happen in their home islands, said the Rev. To'o'olefua Paogofie, pastor to the Samoan congregation at United Church of Christ in Nu'uanu. It's that at home, the village systems of elders, common to most Pacific cultures, wouldn't stand for it.

"The law doesn't allow this," Paogofie said. "The village council plays a role. You don't put shame on your family's name. ... The council system, it's 24-7. You cannot get away from the eyes of the elders."

But in Hawai'i, far from those all-seeing eyes, something has to provide a substitute "village." The church, he said, is best positioned to do that.

"The psyche of the island people is where there is an official government agency asking people to do something, it's difficult for people to respond, but when an island pastor sends out the invitation, they come out in numbers," Paogofie said. "The nearest thing that represents the village here is the church."

The Rev. Sekap Esah, young Jumena's uncle, heads a Baptist congregation of Chuukese migrants in Honolulu. He agreed that the ministers have a part to play and want "to share ideas and see where we can fit in dealing with the troubled youth."

"For the Samoans and Micronesians, the churches play a vital role in family values," he said. "We haven't seen any support groups that can do this. ... There are support groups, but the Micronesians are kind of left in the corner.

"It's good that somebody understands the culture and the customs," Esah said. "I think we know where we come from."

At the first conference meeting, some community members involved with the dance group also attended, listening with interest. The hope that Dances of Paradise has adopted is that reaching the Pacific Islanders while they're young will reshape attitudes and head off later problems, group founder Lafaele said.

Rosita Nardo, the group's vice president, said it all started casually, just neighborhood kids banging out rhythms for impromptu dancing, and evolved. "We had problems, the Samoans, Micronesians and Hawaiians not getting along," Nardo said. "We started the group so they know what the other people's culture is about. Since then, in the group, it's been really good."

"We learn Micronesian, Samoan ... we have Tahitian, Maori. Some kids are beginning to learn some Tongan," Lafaele said. "And hula is our relaxing time!

"We even have a few Vietnamese kids, and they teach us some of their culture," she said.

One of the advantages is that parents are enlisted to help with the costuming and other tasks, and their involvement has been essential, Lafaele said.

"If the parents aren't there, if we don't have their support, there won't be positive changes," she said.

Already, the troupe has attracted members from other communities, and Lafaele hopes the group, a nonprofit, can expand its reach. For the moment, however, she's happy to have contributed something to Mayor Wright, her lifelong home.

"I want to leave from the housing knowing I did something for the community, not thinking, 'Oh, I could have done something,' " she said. "You got to step up to the plate and do what you can."

Reach Vicki Viotti at vviotti@honoluluadvertiser.com or 525-8053.





Tribes Train on Technology


Signal AFCEA’s International Journal-February 2005 Edition


A joint effort between the military and industry aims at converting all the services’ technical manuals and engineering drawings into electronic formats while at the same time teaching Native Americans technology skills that could help employment opportunities grow on reservations. The Native American Data Conversion Program (NADCP) links private sector companies that have expertise in data conversion with tribal companies. The U.S. Marine Corps Systems Command is managing the program.


Mentor firms will train 10 tribal companies, which have formed an alliance called the Intertribal Information Technology Company, in locations nationwide. The goal is to train personnel in the firms so they can eventually become self-sufficient business entities. The program creates living-wage jobs, channels profits into projects that create native American initiatives and builds economic development. Estimates are that the NADCP will create 300 to 400 jobs in Native American communities.


From the U.S. Defense Department standpoint, the services will have a searchable technical database in a format that will be accessible through systems worldwide. Funding for the program began with the fiscal year 2003 Defense Appropriations Act and was continued into the fiscal year 2004 budget.






2006 housing aid targeted for draconian cuts


by: Mark Fogarty / Today correspondent

Posted: March 16, 2005


WASHINGTON - American Indian housing aid from the federal government has been targeted for a deep cut in the Bush administration's 2006 budget request. Unless Congress acts to restore funding, more than $100 million in assistance, or 15 percent of the total, will be taken away from Americans most in need of housing help.


The major funding cuts - $107 million - come in the housing block grants administered by the Department of Housing and Urban Development under NAHASDA (Native American Housing Assistance and Self Determination Act), and the Indian set-aside in the Community Development Block Grant program (the I-CDBG).


Other Native-friendly programs, such as HUD's Rural Housing and Economic Development (RHED) program which generally targets at least a quarter of its $25 million annually for Indian projects, have been zeroed out.


However, in a telling indication of the way budget politics is played in Washington, this is the fourth straight year in which RHED has been zeroed out by the Administration. Congress has restored it three times.


The NAHASDA block grants stand to be cut by $39 million to $583 million; while the I-CDBG, enacted for $68 million in fiscal 2005, would be effectively zeroed out in HUD's budget by being combined with NAHASDA with no additional funding.


The rest of the giant CDBG program is being transferred to the Commerce Department, saving HUD a total of more than $4 billion. It is slated to be combined with a slew of other housing and community development programs, at apparently reduced funding levels.


In one of the few bits of good budget news for Indian housing, the Administration proposes increases in two programs, HUD 184 and Title VI, that guarantee mortgage and economic development outlays by private lenders. This is in line with the Administration's public policy goal of increasing homeownership, especially among minorities.


If enacted as proposed, the cuts would change the tide for NAHASDA housing assistance, which in the 1990s grew to $650 million in support of NAHASDA's revolutionary rewrite of the way federal housing assistance is given to tribes.


Prior to NAHASDA, under the 1937 Public Housing Act, HUD funded specific programs such as the old Mutual Help program with which tribes needed to comply in order to get assistance. Under NAHASDA, those old programs were boldly dissolved in favor of a single block grant given to each tribe.


The intent of Congress in passing NAHASDA in 1996 was twofold: acknowledge tribal sovereignty in granting tribes the discretion to spend their housing dollars in the way they think best, and an explicit admonition to partner with the private sector to stretch NAHASDA money by combining it with private investment.


Two of the ways tribes can do this (although not the only two) are to use the HUD 184 and Title VI programs to guarantee lender outlays in Indian housing. The HUD 184 has guaranteed more than $200 million in mortgages in Indian areas; Title VI, about half that amount.


NAHASDA funds have two components: money to maintain housing built under the 1937 Act, and money for new construction for additional housing needs.


Since almost every tribe in America has a significant ''additional need,'' these cuts if enacted would inevitably put a damper on new unit construction, which has greatly increased since the implementation of NAHASDA.


Indian housing leaders' reaction to the budget numbers was disappointed but measured. The National American Indian Housing Council said it wanted to ''remind'' the president and Congress that ''funding for Native housing programs is necessary to provide heat, water and basic housing to some of the most remote and isolated areas of this nation.''


Chester Carl, chairman of NAIHC and the Navajo Housing Authority, noted that national security funding is vital for all Americans and noted the high percentage of American Indians in the military services, but pointed out that infrastructure needs in Indian country are greater than those in Iraq.


NAIHC is asking for $723 million in funding for NAHASDA for fiscal 2006 and seems sanguine that some of the current numbers may change, making a reference to ''as Congress molds the FY 2006 budget.''


For fiscal 2005, the budget as enacted calls for $622 million for NAHASDA. The 2004 budget included $650 million for the housing block grants.





Tribes win decision in contract support cost case

Indianz.Com. In Print.

URL: http://www.indianz.com/News/2005/006761.asp

Wednesday, March 2, 2005


Tribal leaders declared victory on Tuesday after the U.S. Supreme Court ruled unanimously that the federal government must uphold its promise to fully fund self-determination contracts.


In a 8-0 decision, the justices held that federal agencies cannot deny contract support costs to tribes seeking to manage federal programs. Rejecting every single defense offered by the government, the court held that self-determination contracts are "legally binding" agreements that are no different from any other contract.


In a case involving the Cherokee Nation and the Duck Valley Shoshone-Paiute Tribes, the Bush and Clinton administrations argued otherwise. They said contracts under the landmark Indian Self-Determination and Education Assistance Act were "unique" agreements that, unlike government contracts with non-Indians and other parties, did not require full payment.


But the court responded that this line of thinking is not supported by the law. "The act, for example, uses the word 'contract' 426 times to describe the nature of the government's promise," Justice Stephen G. Breyer wrote for the majority.


And neither is the government's refusal to pay supported by appropriations acts that set aside lump sums of money to fund the contracts. "Thus, if it is nonetheless to demonstrate that its promises were not legally binding, it must show something special about the promises here at issue," Breyer wrote. "That is precisely what the government here tries, but fails, to do."


Cherokee Nation Principal Chief Chad Smith praised the decision as a victory for all of Indian Country. The tribe contracts health programs from the Indian Health Service and had been awarded $8.5 million in damages before the Bush administration took the case to the high court.


"Through the years, thousands of Native American families were denied health care because the government refused to meet their contracted obligations," Smith said yesterday. "Today is vindication for them most of all."


National Congress of American Indians President Tex Hall called the ruling "historic" and tribal leaders applauded heavily when the decision was announced yesterday morning at the NCAI winter session in Washington, D.C. "This case was simply about the Indian Health Service trying to wriggle out of its responsibility to live up to its contractual promises," he said. "The Court rightfully found that they can't do so."

Through its joint Supreme Court Project, NCAI and the Native American Rights Fund submitted a brief to back up the Cherokee Nation.


Tribal officials expect the decision will have ripple effects throughout the nation as tribes from Florida to New Mexico to Idaho have been fighting for full contract support costs for decades. A class action suit against Department of Health and Human Services had been put on held pending resolution from the top court.


The Interior Department is also affected. Tribes seeking to control more of their affairs had been discouraged from doing so because they knew they would not receive all of the money promised from the Bureau of Indian Affairs.


According to NCAI, the lack of full funding has caused a major problem in the delivery of health, education, law enforcement and other services to tribal members. Tribes who can afford to do so supplement contracts with their own funds while others must limit their programs.


The shortfall at the IHS and the BIA for this year alone is estimated at $142 million, according to NCAI. The shortfall is not disputed by government officials -- Dr. Charles Grim, the director of the IHS, testified last year that 81 percent of contract support costs went unfulfilled.


Yet Grim and others have argued that they can't pay the entire cost of the contracts because doing so would hurt other Indian programs. The court yesterday said that is not an excuse to treat tribes and tribal organizations any different from non-Indian contractors.


"We believe it important to provide a uniform interpretation of similar language used in comparable statutes, lest legal uncertainty undermine contractors’ confidence that they will be paid, and in turn increase the cost to the government of purchasing goods and services," Breyer wrote in the unanimous decision.


Justice Antonin Scalia wrote a short concurrence to state that he agreed with the outcome of the case. He disagreed, however, with a small part of the majority's analysis that he said relied too much on a Congressional report whose value "is that it says precisely what the Court wants."


Chief Justice William H. Rehnquist did not participate in the adjudication of the case because was absent from the oral arguments last November due to his treatment for thyroid cancer. The court has said he will only act in cases he missed to break a tie.






Changes in Congress affect appropriations process


Indianz.Com. In Print.

URL: http://www.indianz.com/News/2005/006792.asp


Thursday, March 3, 2005

The Senate has joined the House in making changes to the committees and subcommittees that handle the appropriations process, The Hill newspaper reports. A tribal attorney had earlier warned tribes to look out for the changes.

The Senate eliminated the Veterans Affairs, Housing and Urban Development and Independent Agencies subcommittee. As a result, the Military Construction subcommittee will now handle Veterans Affairs and the Transportation-Treasury subcommittee will handle Housing and Urban Development. The "Independent Agencies" will be parceled out to other subcommittees.

Also, the Interior subcommittee will gain jurisdiction over the Environmental Protection Agency. And the Energy and Water Development subcommittee will expand to include energy programs at the Interior Department. Finally, the State Department would transfer from the Commerce-Justice subcommittee to the Foreign Operations subcommittee.

The House had already adopted a similar structure but Senate Republican didn't make their changes until yesterday. At the National Congress of American Indians winter session this week, an attorney had urged tribes to pay close attention because some Indian programs will be affected.

"It's going to be very interesting with this new configuration," said Cindy Darcy, formerly of the Dorsey & Whitney's Indian law practice.





Tribe Lays Claim to 3,100 Square Miles of New York State

By KIRK SEMPLE

March 12, 2005  New York Times


The Onondaga Nation, an Indian tribe based in upstate New York, filed a lawsuit yesterday claiming that it owns 3,100 square miles of land stretching from the St. Lawrence Seaway to the Pennsylvania border and including Syracuse.

The tribe contends that the State of New York illegally acquired the land in a series of treaties between 1788 and 1822 and has asked the Federal District Court in Syracuse to declare that it still holds title to the land, which is now home to hundreds of thousands of people and includes all or part of 11 counties.

It is the largest Indian land claim ever filed in the state. The tribe said that it does not want all of that land, however, but that its principal intent is to gain leverage to clean up polluted sites in the land claim area.

The lawsuit names as defendants the State of New York, the City of Syracuse and Onondaga County, as well as five corporations that, the nation contends, have damaged the environment in the claim area.

Todd Alhart, a spokesman for Gov. George E. Pataki, said late yesterday that the governor's office had not yet received a copy of the claim. "We will take whatever steps may be necessary to protect the interests of property owners and taxpayers in central New York, the Southern Tier and the northern New York region," Mr. Alhart said.

Unlike other Indian tribes that have filed land claims against the state, the Onondaga Nation, which has about 1,500 members, is not seeking monetary damages or the right to operate casinos in New York. Instead, tribal representatives said, the Onondagas want a declaratory judgment saying the land, which they consider ancestral territory, was taken illegally.

They then hope to use such a ruling to force the cleanup of sites in the claim area, particularly Onondaga Lake, a federal Superfund site and one of the most contaminated bodies of water in the nation.

The Onondaga Nation has made the cleanup of the lake, which is 4.5 miles long and one mile wide, one of its priorities. The tribe has lived near the lake for centuries and regards it as sacred land.

Tribal representatives said yesterday that the nation would not sue individual property owners or try to evict them.

"The nation has said flat-out that individuals have nothing to worry about," said Dan Klotz, a spokesman for the nation. The Onondagas, he said, "will not waver from that."

Other pending Indian land claims in New York have not interfered with property transactions, experts on Indian law said.

"They don't plan to press for eviction as a remedy and I don't think there's ever been a court that has seriously considered eviction," said John Dossett, general counsel for the National Congress of American Indians, a Washington, D.C.-based advocacy group for tribal governments. "I think that homeowners can rest easy."

At the same time, however, tribal authorities said they were in the market for more land. The nation's reservation is an 11-square-mile parcel south of Syracuse. Joseph J. Heath, an attorney who represents the Onondaga Nation, said if the court rules in the tribe's favor, he expected that settlement talks with the state to follow, including discussions about expanding the nation's reservation and protecting ancestral burial grounds threatened by development.

Mr. Heath said the tribe would try to buy land only from "willing sellers" and the government.

Still, Mr. Heath and other tribal representatives emphasized that the tribe's main intent was to gain more influence over state environmental policy and push for environmental cleanups in their region. "They're sick of being ignored on environmental issues," Mr. Heath said.

The tribe's elders have discussed filing suit for more than 50 years, they said in interviews yesterday. But as the pollution in the lake increased - and their own population expanded - they felt compelled to take legal action.

Decades of industrial dumping left a layer of toxic sludge on the lake bottom and drove the federal government to place it on the Superfund list of toxic waste sites in 1994. Last November, state regulators announced a plan to require Honeywell International to conduct a $448 million cleanup of the lake, including extensive dredging of the lake bottom to remove much of the 165,000 pounds of mercury and other toxins that have collected there.

Honeywell is one of five companies named in the Onondaga lawsuit. It is responsible for the cleanup because in 1999 it merged with Allied Chemical, which owned a plant that was accused of being one of the lake's main polluters.

The Onondagas have called the cleanup plan inadequate and say the state was legally obligated to consult with the tribe's chiefs but did not.

Mr. Alhart, the governor's spokesman, rejected the nation's assertion that the state was being lax on the cleanup of Lake Onondaga or that it had ignored the nation.

The lawsuit also names four other companies that operate a gravel mine, limestone quarry and coal-burning power plant in the region. In the lawsuit, the Onondagas also named Clark Concrete Company and a subsidiary, Valley Realty Development, which own a gravel mine in Tully, N.Y.

The nation has accused the mine of polluting the Onondaga Creek, which runs into the lake. The nation also named Hanson Aggregates North America, the owners of a limestone quarry in DeWitt, and Trigen Syracuse Energy Corporation, a coal-burning power plant in Geddes.

Attempts made late yesterday to reach officials with those companies were unsuccessful.

Tribal representatives said yesterday that they were not seeking a casino as part of a settlement of the claim. Casinos are a central component of five Indian land claim settlement agreements that Gov. George Pataki announced in recent months.

Michelle York contributed reporting from the Onondaga Indian Reservation for this article.







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