Overview of the State’s Settlement Proposal for “Income and Proceeds” of the Public Land Trust Due the Office of Hawaiian Affairs Settlement 1 Please send comments or questions to:

Settlement: $200MM OHA right to revenue: Constitution pro rata share Legislation 20% DFS airport $136, state hospitals $126, state afford. housing $36 Litigation, 87, 01, 06, leg. duty Political question, sovereign immunity 2008 settlement signed: $200MM, KM 5, Kalaeloa, Hilo, $13MM Not enough community involvement Release language ? Going forward provisions Economy got bad 2009, 2010 Settlement2

Writ of mandamus fall 2010 Governor Abercrombie, David Louie Really want to do it? State’s offer: $200MM - Kaka ʻ ako Makai 10 parcels; 30 acres As is Due diligence: value, environmental, title, use, 2005 work Only past due revenue owed to OHA, not overthrow claims Legislative approval If due diligence relatively ok, good settlement because: Can’t sue for it, only to compel legislature to address Difficult to enforce No right to interest Surrounding property is valuable & lots of future development Long term a good asset to turn over to future Native Hawaiian Government Low holding cost: no property taxes, income offset No waiver of other claims Low downside if accepted Settlement3

Constitutional Provisions Section 4 The lands granted to the State of Hawaii by Section 5(b) of the Admission Act and pursuant to Article XVI, Section 7, of the State Constitution, excluding therefrom lands defined as "available lands" by Section 203 of the Hawaiian Homes Commission Act, 1920, as amended, shall be held by the State as a public trust for native Hawaiians and the general public. Section 6 The board of trustees of the Office of Hawaiian Affairs shall exercise power as provided by law: to manage and administer the proceeds from the sale or other disposition of the lands, natural resources, minerals and income derived from whatever sources for native Hawaiians and Hawaiians, including all income and proceeds from that pro rata portion of the trust referred to in section 4 of this article for native Hawaiians; to formulate policy relating to affairs of native Hawaiians and Hawaiians; and to exercise control over real and personal property set aside by state, federal or private sources and transferred to the board for native Hawaiians and Hawaiians. The board shall have the power to exercise control over the Office of Hawaiian Affairs through its executive officer, the administrator of the Office of Hawaiian Affairs, who shall be appointed by the board. Settlement4

State’s 2nd Proposal (Complete) December 2011 Settlement 5 ParcelTMKAddress Land Area (Acres) Zoning Sq. Ft Density Limit Height Limit Ft Fee Simple Per Sq. Ft Land Values* A Ala Moana Blvd & Kewalo Basin5.082WC1.5065$158.00$34,980,000 B ʻ Āhui Street & 113 ʻ Āhui Street3.15WC1.5065$129.35$17,750,000 C , ʻ Āhui Street & ʻ Āhui Street2.041WC1.5065$155.30$13,820,000 D ʻ Āhui Street; 53 ʻ Āhui Street.938WC1.5065$181.20$7,400,000 E Ala Moana Blvd (AAFES)2.22MUZ **$179.10$17,160,000 F ʻ Āhui Street4.613MUZ $152.60$30,660,000 G Kō ʻ ula Street2.546MUZ $166.55$18,470,000 I Ala Moana Blvd3.336MUZ $164.00$23,900,000 K End of ʻ Āhui Street - Point Panic1.584WC1.5065$165.55$11,420,000 L End of Keawe Street5.224MUZ.6045$96.35$21,930,000 * Preliminary Valuations only, Not Full Appraisals ** Assumes Height Limit Change to 400' Legend: WC = Waterfront Commercial Zone MUZ = Multiple Use Zone

Kaka ʻ ako Makai Parcels A, B, C, D, E, F, G, I, K, and L Settlement6

Parcels with Long Term Leases as of November 9, 2011 Settlement 7 Pacific Biosciences Research Center 2030 John Dominis 2042 Radio Tower 2035 Keiki Fishing Conservancy 2074 AAFES Building (DAGS) 2018 Honolulu Marine 2021

Parcel A: 1011 Ala Moana Boulevard and Kewalo Basin Fisherman’s Wharf Restaurant and Open Lot Settlement 8 A Total Land Value: $34,980,000 TMK: , 125 Land Area: acres Zoning: WC Density: 1.50 Height Limit: 65

Parcel B: 123 ʻ Āhui Street and 113 ʻ Āhui Street Boat Works Settlement9 B Total Land Value: $17,750,000 TMK: , 35 Land Area: 3.15 acres Zoning: WC Density: 1.50 Height Limit: 65 Existing Long Term Lease with Honolulu Marine 2021

Parcel C: 59 ʻ Āhui Street and ʻ Āhui Street Vacant Lot Settlement10 Total Land Value: $13,820,000 TMK: , 126 Land Area: acres Zoning: WC Density: 1.50 Height Limit: 65 15,000 sq. ft. leased to Keiki Fishing Conservancy (18%) C

Parcel D: 45 ʻ Āhui Street and 53 ʻ Āhui Street John Dominis Restaurant Total Land Value: $7,400,000 TMK: ; Land Area:.938 acres Zoning: WC Density: 1.50 Height Limit: 65 Long Term Lease to John Dominis 2042 Settlement11 D

Parcel E: 919 Ala Moana Boulevard AAFES Building Settlement 12 Total Land Value: $17,160,000 TMK: Land Area: 2.22 acres Zoning: MUZ Density: 2.50 Height Limit: 400 (assuming height limit change) Leased to State Department of Accounting and General Services 2018 E

Parcel F: 160 ʻ Āhui Street Settlement 13 F Total Land Value: $30,660,000 TMK: Land Area: acres Zoning: MUZ Density: 2.00 Height Limit: 200

Parcel G: 160 Kō ʻ ula Street Settlement14 G Total Land Value: $18,470,000 TMK: Land Area: acres Zoning: MUZ Density: 2.00 Height Limit: 200 Kō ʻ ula Street Extension

Parcel K: End of ʻ Āhui Street Point Panic Settlement 15 Total Land Value: $11,420,000 TMK: Land Area: acres Zoning: WC Density: 1.50 Height Limit: 65 K

Parcel I: Ala Moana Blvd Settlement16 Total Land Value: $23,900,000 TMK: Land Area: acres Zoning: MUZ Density: 2.50 Height Limit: 200 I

Parcel L: End of Keawe Street Settlement17 Total Land Value: $21,930,000 TMK: Land Area: acres Zoning: MUZ Density: 0.60 Height Limit: 45 Currently used as a shelter for homeless persons Probably ceded lands L

Summary of Conclusions Settlement18

Master Plan Proposed Profiles Settlement19

Ownership of Neighboring Parcels Settlement20

Next Steps Community discussions OHA due diligence investigations and possible opt out Preparation and approval of settlement documents Legislative approval Settlement21

Due Diligence Process The Trustees of the Office of Hawaiian Affairs have a legal duty and fiduciary obligations to exercise utmost care in taking actions as a Board. This Duty of Care includes performing due diligence prior to the acquisition of real property to ensure that any settlement mutually agreed to is prudent and in the best interest of the trust beneficiaries. Due diligence is the act of performing a reasonable investigation into the facts and circumstances of a transaction to ensure a full and complete understanding of the transaction and its impact on the Native Hawaiian Trust Fund. Identify legal barriers Identify title issues Identify environmental issues Identify other issues Settlement22

Legislative Approval The State and OHA have reached an agreement in principle, subject to Legislative approval. This would finally and completely resolve any and all claims relating to OHA’s share of Public Land Trust revenues under Article XII, Sections 4 and 6 of the Constitution, from November 7, 1978 to July 1, The State and OHA agree that a $200 million approximate settlement amount represents a reasonable compromise of the disputed claims. The State would convey lands at Kaka ʻ ako Makai to settle these claims. No cash would be paid. Settlement23

Historic Views of Kaka ʻ ako Makai Settlement24

Historic Views of Kaka ʻ ako Makai Settlement map by Otto von Kotzebue, commander of the Russian ship Rurick, showing area *Note: a portion of the foreigner’s cemetery where Isaac Davis is believed to have been buried and that John Papa ‘Ī‘ī associates with “Kewalo” is located in the middle of the right side (labeled in Russian as “Kладбище”)

Historic Views of Kaka ʻ ako Makai Settlement map of “South Coast of Woahoo and Honorurou Harbour” by Lt. Charles Malden, showing area (Registered Map No. 431, Hawai‘i Land Survey Division)

Historic Views of Kaka ʻ ako Makai Settlement map of Honolulu by Lt. Joseph de LaPasse of the French vessel, L`Eurydice; project area is adjacent to area labeled “Pecheries” (“Fishponds”) (map reprinted in Fitzpatrick 1986:82-83)

Historic Views of Kaka ʻ ako Makai Settlement Oahu Island Government survey map by R. Covington, showing area (Hawai‘i Land Survey Division, Registered Map No. 1381)

MAHALO This concludes this presentation. Settlement29 Please send comments or questions to: