 I'm Marcia Joyner, and today it is about community matters. As we come down to the end of this what seems like forever campaign, we are going to talk to William Bill Ilar, who is running for the office of Hawaiian Affairs. That is one of those offices that doesn't get a lot of attention, and in fact there are at this point six candidates running for an at-large seat. Three at-large seats. Three at-large seats. Yes. Okay, so Aloha Bill. Aloha Marcia. Thank you as always for anybody that is new to us. I first met Bill when he was in charge of the wine at Boat Harbor, which was the job I wanted. But anyway, that's a different story. And he ran for governor, and what year was that? 2006. 2006. And nobody knew who this man was, but he was running for governor, and his whole thing was to talk about the homelessness and the people that he saw on a daily basis working on the Y&I coast, and which Linda Lingle won. But it bought the homelessness right up front, the attention right up front, and she did do something about it. She did. There were several homeless shelters that were constructed and put into place shortly after she got elected. So that was, it was a good feeling for me and the folks that supported me because things were happening. There was a result to the campaign. So, and since that time, you have been former chair, department of land and natural resources, commission on water resource management, native Hawaiian working group, past president, and on, and on, and on, neighborhood board, Hawaii invasive species, and tell me this, you were the head of the department of land and natural resources, as well as the chair of the commission. So you did the state water commission, as well as- No, but I meant the one that, the board of water, and I meant the board of land and natural resources. The board of land, yes. As well as there's a committee or commission or something within that. The board of natural resources is the statutory leadership for the department of land and natural resources. Oh, so you have both two seats? Yes. Okay. And as everyone knows, he's native Hawaiian, and he is running for the Office of Hawaiian Affairs. What exactly is the Office of Hawaiian Affairs? The Office of Hawaiian Affairs was actually created by the last constitutional convention that we had in 1978, but actually opened up for business in 1980. It is tasked with the betterment of native Hawaiians, and it's funded through the proceeds of per rate of share of the seeded lands revenue. And so it's been around for almost 30 years now. But what most non-Hawaiians don't understand is the Office of Hawaiian Affairs actually impacts everyone throughout the state in terms of either having good decisions on how we manage the state's resources or the water resources, because it plays an active role in participating on boards and commissions. But if there's not success, then it, through the Native Hawaiian Legal Corporation, will go to court to try to enforce some of the provisions in the Constitution that guarantees the streams have enough water to run and guarantees that the Department of Hawaiian Homeland has its fair share of water, as well as the municipal bodies throughout the state. And so it's sort of an agency that has oversight over how the state manages the resources for the betterment, not only of Native Hawaiians, but all people in the state of Hawaiians. Now you mentioned Hawaiian homelands, which you are deputy? Currently the deputy director. So you have these two entities. How do they work together? Because the Hawaiian homeland is a department within the state of Hawai'i. It is a state department that was created as a condition of statehood. So it was a federal program that was started in 1921. One of the issues that has sort of plagued it throughout the years is that when Prince Kohio and the sugar planters in the ranchers in Hawai'i were lobbying the Congress, 1921 to establish this program, there was a discussion about, well, who's a Native Hawaiian? Prince Kohio advocated for anyone that was one-thirty-second of the blood. The other side advocated for a hundred percent. And so as things often occur in Congress, there was a compromise. And the compromise is that anyone that's eligible to receive a lease from the Department of Hawaiian Homelands has to be at a minimum 50% of the native blood. And so that's caused, since the 1921, that's caused friction in the Hawaiian community and in the community in general, because we have a state department that has to, by law and by court cases since then, has to advocate for what we call the small N native Hawaiians, the 50%ers. So there's a capital N and a small N. Yeah, capital N is anybody with Hawaiian blood. A small N is those with 50%. Or 50% or more is a small N. That's the small N, 50% and greater. The big N, I know it's confusing, the big N is anybody that's less than 50%. But it was not something that Hawaiians created, it was something that Congress created. Unfortunately, there are people in Washington, D.C. mostly, but a few here whose desire it is to remove any kind of affirmative action programs for any indigenous people are using that and trying to couch their argument as this is a race-based program. It is absolutely not. It is the reason that the Hawaiian Homes Commission Act came about is because Prince Kohio looked at what was happening to his people in light of the overthrow of the Hawaiian Kingdom and in response to that went to Congress and in response to him going to Congress, Congress passed this law, cementing a political relationship and not a racial relationship. Yes, and for anyone that understands Congress, he was a member of Congress, but he couldn't vote. Correct. He was elected, but he did not have a vote. This was a territory and only people from states get to, even D.C., they have members, but they cannot vote. Even to today. Today. So, what is the biggest issue, or what do you think is the biggest issue for the Hawaiians today? And I don't mean the big N and the small N, none of that. Hawaiians as a people. I can tell you recently with the appointment of Judge Kavanaugh to the U.S. Supreme Court and his writings in the Rice vs. Cayetano case, he is a strong advocate for the disillusionment of any kind of affirmative action for first Native Hawaiians, then Native Alaskans, and then they'll go after Native Indians. The challenge for the Office of Hawaiian Affairs, it is a state-created entity by Kan Kan. The Department of Hawaiian Homeland is a federally created entity, although what Congress gives, Congress can take it. Correct. So, today, the biggest challenge for Native Hawaiians in both programs, OHA and DHHL, as well as all funding for Native health, Native education, all of that is going to be challenged very soon, likely in court, because there's a feeling by the ultra-conservatives that they have an advantage and that they have a 5-4 split with the court-bending conservatively. Right. Right. So, I anticipate that there'll be some challenge to OHA first, possibly inclusive of the Office of DHHL and other programs that will be coming out shortly. And so, the challenge would be to the constitutionality of these programs. Okay. If we have a Kan Kan, would that be where? It would not, because OHA was created by a Kan Kan. Amen. But could the alt-right elect enough people to do away with? Yes. They could overcome in numbers the delegates at a Kan Kan and then make all kinds of changes to the state constitution, which could include gathering rights, water rights, the water code could be called into play, labor, all the successes over the last 50-plus years of labor in getting fair labor practices, all of those things could be challenged. Oh, that's so scary. That is so scary. So, what, now you're running for OHA. What would be your number one issue? Should you be elected? What would you like to see first? So day one is bringing back some civility to the board, because the board will have to operate in a very cooperative manner, consensus-building, in order to meet this challenge that's coming, this wave that is coming. First have to be able to talk to each other, not sue each other, and then move in the same direction and start planning. There has to be a plan A, a plan B, and a plan C. The native Alaskans have corporations. Hawaiians do not. What do you mean corporations? They have village sovereignty, and then they have corporations that deal with economic development. So that could be a way to park some of the resources. I'm not sure. We need to have a discussion with legal minds that are much smarter than me on what kind of options that could occur. Of course, federal recognition through the Department of Interior is another way that could help to offset this wave that's coming, because federal recognition would indicate that there is a, again, it would confirm that there's a political relationship and not a racial relationship. The challenge is going to be made that it's based on race-based. Now the last time that came up, federal recognition versus independence and what have you. And there were a whole lot of Hawaiians that didn't want federal recognition. They wanted something else. How do you get past that, or does that still exist? It still exists today. There are folks that have very strong convictions that independence is the way to go. I think that they are certainly welcome to their position. But with regards to this wave that's coming, they're going to have to make a decision. The decision is, am I going to stand in the way of protecting these resources that come to our families, or do I put this, do we do parallel tracks, do we do federal recognition as a way to strengthen and secure our standing while we go and seek independence? So you don't have to have one without the other. But getting them to understand it and see that has always been a challenge and will continue to be a challenge. So you will, but that would be your number one issue? My number one issue would be getting OHA, the board of trustees, in a position where it can actually have civil discussions and be in a position to take a look at what options are available. Okay. Well, we need to take a break. And when we come back, we'll talk some more about how you see OHA evolving from this point on. All right. Thank you. Hello. My name is Stephanie Mock, and I'm one of three hosts of Think Tech Hawaii's Hawaii Food and Farmer series. Our other hosts are Matt Johnson and Pamai Weigert. And we talk to those who are in the fields and behind the scenes of our local food system. We talk to farmers, chefs, restaurateurs, and more to learn more about what goes into sustainable agriculture here in Hawaii. We are on on Thursdays at 4 p.m., and we hope we'll see you next time. Aloha. My name is Mark Shklav. I am the host of Think Tech Hawaii's Law Across the Sea. Law Across the Sea is on Think Tech Hawaii every other Monday at 11 a.m. Please join me where my guests talk about law topics and ideas and music in Hawaii, Anna, all across the sea from Hawaii and back again. Aloha. I'm Marcia Joyner, and we are back with This Community Matters. We're talking today with OHA candidate Bill Isla. My dear friend, and you all know, we only talked to dear friends. Okay, we're talking about OHA today because Bill is a candidate for OHA. Now there are three seats open, and we all, everybody gets to vote for three. We get to pick three people out of six running for these seats. So, let's talk about the biggest thing that came up yesterday was the Supreme Court and this magnificent instrument at the top of the mountain that's going to see all the way back to the dark stars and what have you, all of this wonderful stuff. However, the issue is this telescope is on Hawaiian lands, sacred, what the Hawaiians say are sacred lands. So, where do we go from here? The court says that it does not interfere with Hawaiian sacred grounds. Where do we go from here? What the court ruled was after viewing volumes and volumes of information, studies, et cetera, is that the TMT basically had met all of the requirements and in the EIS and in the management plans had mitigated, or their plans would mitigate any negative impacts on traditional customary practices. One of the reasons that they came to that conclusion is that the site of this current TMT, proposed site of this current TMT telescope is in an area where there are no known burials, no known cultural sites. In fact, that's one of the reasons that after an exhaustive search of the mountain, that site was picked. How long has it been there? The telescope, the mountain or the telescope? The telescope. So, the telescope is yet to be built. No, I meant, but originally. Okay. So, the first telescopes on the mountain, I believe, went up in the 1930s. Actually, Prince Kinkalakawa actually went around the world, saw observatories and encouraged folks to come and build observatories on Mauna Kea and Mauna Loa because he was a king that was very much interested in knowledge, the gathering of knowledge. And that's very, I think it's very inside all of us as Native Hawaiians. The science that Native Hawaiians bring to discussions all the time is based on observation. And observation is not just as the individual that's alive today, but observations based upon five generations back where you get to talk to your great-great-great grandfather and they explain to you about decadal cycles and things like that. But you were speaking of, you were on the Hokulea early 1st? Nope. I've had a few sales with Hokulea, never anything far. But you were, so that was all about being guided by the stars. It was about finding out who we were as Hawaiians. What it evolved into is that we have all of these cousins across the Pacific. And I think with the latest voyage is now we have all of these second cousins throughout the Atlantic and the Indian Ocean and all the waters that surround the land. And we're all one people on one planet and that's what it's evolved to. But where I was going was that it seems to me that the addition of the observatories that can see, especially the new telescopes that can see way back before any time that we record would be an adjunct to that learning that you have gained at sea. And it's precisely why Kinkalakawa went out and asked people to come here to gain the knowledge because he was a knowledge seeker. He wanted his people to be knowledge seekers. But we have this challenge of how do you balance traditional customary practices with modern technology built on an area that some people consider sacred. Of course, if you're not from the big island, you may consider some place else on your island sacred. But here we are today, the Supreme Court has made its decision. When I was a chair of the Department of Land and Natural Resources, the board made the original decision to approve the building of the telescope. And it was precisely for the same reasons that based upon all the evidence that was put before us in terms of studies and things like that, it met the threshold to be approved. Unfortunately, there was a technicality in which we made the decision before a contested case was heard. That resulted in another round of contested cases. And then ultimately, the Supreme Court took a look at this additional evidence that was produced and made the decision. So there was one, it was a 4-1 decision. So it was not unanimous. Judge Mike Wilson is the opposing opinion. And so, but it is the law of the land now. It could be appealed to the U.S. Supreme Court. Oh, dear. That's a possibility, or they could ask for a reconsideration. No one knows right now, based upon press reports. The next step for TMT is to bring its building plans to the Department of Land and Natural Resources to get that approved before any construction could occur. So we're still looking at many, many months more before the first shovel goes in the ground, so to speak. Now, let's move on to some of the other issues that are before the Hawaiians, like health care and prison reform and all of those things that all of us deal with every day. However, it seems, correct me if I'm wrong, but it seems to me that I look at all of the Hawaiians that are living on the beach and we're building $2 million condominiums right across the street from the beach. That bothers me, and I'm not Hawaiian. But what about, how do we, I'm lost words now. How do we improve the life of the Hawaiians? The health care, it seems to me they're more of them in prison. They get bigger sentences for smaller infractions. Why do we deal with that issue? Because that is the way I see it, the biggest issue is the ordinary Hawaiians. So for the Office of Audit Affairs and what it can control, these issues are very complex and very long-standing, right? So one of the things that I would do as a new OHA trustee is make a better case, build better relationships with legislators. So OHA receives about $15.1 million as its current share of the seeded land revenue. Based upon studies that OHA has contracted for and information that we made available when I was a chair of the Department of Land and Natural Resources as to what seeded lands are being used and for what and what revenue is being generated, the true amount that is due OHA could be as high as $70 million. So having programs that deal with health, education, prisoner reform as they leave prevention so that we don't have replacements is really a function of revenue that you can apply. So by getting a fairer share of the seeded lands revenue, I think we could apply more resources which would be more successful at keeping Hawaiians healthy, keeping them out of jail if they're in jail, keeping them from going back to jail, as well as continuing to promote and fight for clean water and restoration of streams and clean air and access to traditional customary grounds to pick maile and the items that are necessary for traditional practices to continue. That is the biggest key right now. Because what can I say that seems that, and I don't understand why the Hawaiians suffer more from diabetes and these other issues than the rest of the population. I think poor people in general, not just Native Hawaiians, tend to have less access to fresh food and higher quality food. Poor people tend to go and eat the Spam and the luncheon meat and the Vienna sausage, which is a function of cost. So if we can bring the cost down of fresh fruits and vegetables, maybe grow more taro, so people could eat more taro. Or grow more food, period. Here, right, in Hawaii rather than bringing it in from someplace else. So there's good movement to that as a board member and the past president of the Ma'o Farms, a regular percentage of the crops that were grown, healthy food was made available to the community and we need more programs like that. O'aha can do a lot more in stretching the money that it has by partnering with other state agencies, other federal agencies, other county agencies. So going forward, some possible ways of O'aha stretching its money to deal with homeless, for example, we'd be to partner with Hawaii Housing Authority, HHFDC, to build more units. The Department of Hawaiian Homeland to reduce more people off the wait list, because in any Hawaiian home that has a small N on the as a less E, you will find children, grandchildren, who are not the small N, but the big N. So the more that we can do for the big N's to build houses, the more of the small N's, the more the little N's get to get off the street and have a roof over their head and hopefully food on the table. And so it's O'aha, DHHL, and other agencies getting together. That's the solution. Okay, now I want you to look right into this camera, this one. That one. And tell us why we should vote for you. I think I have a lot. I think I know I have the experience. I know I have the desire. I know I have the Kuliana to make things better for Native Hawaiians. I've operated that way all my life. Many of the fishing rules and regulations that are in place. I've had a role along with other people. Rain follows the forest. All of these programs that are looking at restoring watershed so that in the future, as the rain gets less and less, we're able to have enough drinking water to go around for everyone. Just my whole life has been about service. And so the offering of this candidacy is another step in that service, because I see rough times ahead. And I want to be part of navigating and sailing through those rough times. Well, thank you so much. And good luck with this election. And you'll come back after the election and tell us what you're doing. Okay. Okay, thank you. Aloha, and we'll see you next time.