This provision is included in the Fiscal Year 1998 Department of Transportation Appropriations Bill.
Current law states that airport revenues can only be used for airport purposes.
Senator Inouye prevailed on his colleagues and the airlines to allow the forgiveness of the debt. There was no malice involved, but rather the good faith belief on the part of the State of Hawaii that these funds were part of the airport's operating expenses. Additionally, in light of the unique history of Hawaii's ceded lands and the obligations that flow from these lands for the betterment of the Native Hawaiian people, the provision was accepted to ensure that OHA would not be required to return funds already in its possession. This provision does not in any way affect the State of Hawaii's obligation to compensate OHA pursuant to state law. It was counter to the U.S. Department of Transportation's position and policy.