OHA trustees approve legislative positions across matrices while debating master-settlement working group

Trustees of the Office of Hawaiian Affairs (OHA) Committee on Beneficiary Advocacy and Empowerment voted on Feb. 19 to adopt staff recommendations on a series of legislative matrices covering issues from public lands to health and housing while debating a separately introduced short-form bill that would create a master settlement working group.

The meeting opened with updates from OHA staff about bills OHA is tracking. Lena Alalei, OHA chief advocate, told trustees that item 25 on the committee’s matrix had been amended last week to add language proposing a “master settlement working group” intended to explore a process for OHA and the state to negotiate a settlement of all future claims. Alalei said OHA submitted comments but the amendment as written would eliminate the existing Public Land Trust (PLT) Working Group and that OHA’s position was that the PLT group must complete its land inventory and receipts audit before any settlement working group could be formed.

Why it matters: trustees and staff said the PLT Working Group’s inventory and auditing work would create a factual baseline for any negotiation with the state. Trustee comments at the meeting focused on the risk that a “master settlement” process could prematurely foreclose future claims or the PLT group’s work if the new working group replaces it.

“The bill is a working group,” Lena Alalei said in presenting the item. “The working group would be looking at what is the procedure by which OHA could negotiate a master settlement.”

Trustee Colleen Okada voiced constitutional and fiduciary concerns, saying the phrase “global settlement” raised alarm: “I don’t believe that best serves our people to just hand over say that we hand over the rights to those lands and never get paid for that,” Okada said. Trustee Kahele urged caution but said the bill was still in early stages and recommended further engagement with legislators before taking a final board position.

No formal board vote to change OHA’s position on the short-form settlement bill was recorded at the meeting; staff said they would remain active on the bill and pursue conversations with House committee chairs should the bill move across chambers.

Board actions on matrices and bill positions

Trustees moved through multiple matrices and approved staff recommendations to adopt or amend OHA’s positions on bills across policy areas. The committee recorded motions and seconded amendments for specific bills within Matrix 2 (bills naming OHA) and other matrices. Key procedural outcomes included:

- Matrix 2 (bills naming OHA): An amended motion to adopt staff recommendations was moved by Trustee Souza and seconded by Trustee Waheʻē. The amendment recorded at the meeting changed OHA’s position on SB 1193 / HB 305 from “oppose” to “comment” (the filing system and matrix were updated to reflect the change) and changed SB 848 / HB 780 (relating to desalination) from “support” to “monitor.” The motion carried.

- Matrix 3 (public land trust/ceded lands matters): Trustees moved by Trustee Lindsey and seconded by Trustee Souza to adopt staff recommendations and amendments for Matrix 3; the motion carried. Staff emphasized the PLT Working Group’s continuing need for resources to complete a land inventory and receipts audit.

- Matrix 4 (natural resources and traditional practices): Trustees moved by Trustee Aquinas, seconded by Trustee Souza, to adopt staff recommendations for the matrix; the motion carried.

- Matrix 5 (Native Hawaiian housing): Trustees approved staff recommendations; the committee discussed a separate funding bill (HB 606) that would provide $600,000,000 in funding for the Department of Hawaiian Homelands (DHHL). Staff advised the committee that HB 606 had moved to the House Finance Committee and that OHA would monitor and consider formal action at a future meeting.

- Matrix 6 (Native Hawaiian health): Trustees adopted staff recommendations after receiving public testimony urging opposition to a surviving midwifery bill vehicle (HB 1194). The public testifier outlined several concerns and asked OHA to retain an opposition position on HB 1194 unless amendments protect traditional practitioners and create licensure pathways for local practitioners.

Public testimony on midwifery bill

Lailani Teal, a public testifier, urged trustees to oppose HB 1194, the surviving bill related to midwifery and regulation of traditional birth practices. Teal said the committee’s earlier bill vehicle (HB 1328) had been deferred and that HB 1194 did not adequately protect traditional and cultural birthing practices or provide equitable licensure pathways for local practitioners.

“Every birthing person has the right to choose who attends their birth, and criminalization of any chosen attendant is not acceptable,” Lailani Teal said. Teal also described licensure equity concerns, saying that of roughly 40 licenses issued under the current scheme, “there have been no Kanaka Maoli” licensees and that the existing clinical schooling pathway is largely available only on the U.S. mainland.

Maunaʻala transfer deferred

OHA staff reported that the bill to transfer Maunaʻala (Maunaʻala transfer bill) to OHA was deferred despite “overwhelming support” in hearings and no formal opposition from the Department of Land and Natural Resources (DLNR). Senator Richards, staff said, plans to convene stakeholders at the end of session for further discussion.

What trustees asked staff to do

Trustees directed staff to continue monitoring and, where appropriate, amending OHA’s written positions as bills cross over between chambers. Legal counsel and advocacy staff advised trustees that short-form bills can be amended quickly and that OHA should be prepared to engage with committee chairs and to seek executive-session guidance if the board wanted to consider a formal negotiating position on settlement language.

The meeting concluded after trustees adopted the remaining matrices and procedural motions and adjourned at 10:25 a.m.

Next steps

OHA staff said they would update matrices as the legislature moves bills across committees and would circulate more frequent updates during the session to reduce last-minute changes. Trustees signaled an intention to follow up with staff on the short-form settlement bill and on the midwifery bill to determine whether future amendments address OHA’s stated concerns.