The Hawaiʻi Public Land Trust Working Group

The Hawaiʻi Public Land Trust Working Group (HPLTWG) was established by the state legislature in 2022 to address issues related to the management and revenue distribution of Hawaiʻi’s public land trust (PLT).

The group’s main objective is to find a fair and equitable solution for distributing revenues generated from PLT lands, specifically ensuring that OHA receives its rightful share and address the historical underpayment of PLT revenues to OHA.

Hawaiʻi’s public land trust dates to the 1893 overthrow of the Hawaiian monarchy, after which crown and government lands were ceded to the United States. These lands – some 1.8 million acres (half of Hawaiʻi’s total land area) – became known as “ceded lands.”

When Hawaiʻi became a state in 1959, these lands were transferred to the State of Hawaiʻi under a public trust to be used for five purposes: public education, public improvements, agriculture, housing, and the betterment of Native Hawaiians.

Revenue generated from leasing and using these lands has long been a source of controversy. In 1978, OHA was established via an amendment to Hawaiʻi’s constitution. OHA was given kuleana to better conditions for Native Hawaiians and was to receive a portion of PLT revenues to do so. However, disputes over the amount and calculation of these payments have persisted. Many argue that OHA has been underpaid for decades.

Thus, the HPLTWG was formed to address the underpayment of revenues to OHA. The working group (WG) includes state officials, OHA representatives, and Native Hawaiian community members. Its role is to examine the revenue distribution system and recommend solutions for fairer revenue sharing while ensuring the proper management of these public lands.

The group’s efforts focus on several key areas:

1. Revenue Distribution: Determine how to fairly calculate and distribute PLT revenues to OHA. This involves resolving discrepancies in the current system and ensuring that OHA receives an equitable portion of the revenue.
2. Transparency and Accountability: Enhance transparency in managing PLT lands. This includes improving how revenue from these lands is tracked and reported, ensuring that the state’s use of the lands aligns with the purposes outlined in the state constitution.
3. Cultural Preservation and Stewardship: Ensure that PLT assets are managed in a way that respects the cultural and historical significance of these lands for Native Hawaiians – including consideration of traditional rights and customs in decisions about land use and development.
4. Long-Term Solutions: Develop long-term strategies to ensure that PLT lands continue to benefit Native Hawaiians and the broader community. This could involve proposing new legislation or policies to improve PLT oversight and management.

HPLTWG faces several challenges in achieving its goals. One of the most complex tasks is determining what constitutes a fair share of revenues for OHA, as various stakeholders – such as state agencies, developers, and Native Hawaiian communities – are involved, each with competing priorities. Reaching consensus will require careful negotiation.

Creation of the HPLTWG represents a critical step in addressing long-standing issues related to public land management and revenue distribution in Hawaiʻi. By focusing on fair revenue sharing, transparency, and cultural preservation, the group has the potential to create lasting positive changes for Native Hawaiians and the wider community. However, its success will depend on balancing competing interests and developing sustainable solutions that respect both economic and cultural priorities for Hawaiʻi’s public lands.