STAND. COM. REP. NO.394

Honolulu, Hawaii

, 2003

RE: S.B. No. 1554

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 1554 entitled:

"A BILL FOR AN ACT RELATING TO NATIVE HAWAIIAN HISTORIC SITES,"

begs leave to report as follows:

The purpose of this measure is to protect native Hawaiian historic sites by clarifying private landowners' responsibilities for native Hawaiian historic sites on their property.

Testimony in support of this measure was submitted by the Office of Hawaiian Affairs, Ka Lahui Hawaii, Kualoa-He`eia Hawaiian Civic Club, Hawaii County Planning Department, and a member of the Oahu Island Burial Council. Testimony in opposition to this measure was submitted by the Hawaii Leeward Planning Conference. The Board of Land and Natural Resources submitted comments on the measure.

Your Committee finds that this measure requires landowners to notify and obtain approval from the Department of Land and Natural Resources (DLNR) before destroying or adversely affecting historic properties that are located on private property and were constructed by native Hawaiians before 1850. If DLNR determines that the historic properties are not significant, the landowner may proceed with land altering actions or pursue the appropriate permit or approvals for those actions. The measure also requires landowners to agree, through a record of covenant, not to apply for any permits and land use approvals for ten years if they choose to destroy a significant historic site on their property. No state or county agency would be able to issue a permit or approval that contradicts a record of covenant. DLNR is also allowed to commence condemnation within sixty days of being notified that a significant historic site may be destroyed, and to use contingency funds to condemn private land for this purpose.

DLNR suggested some amendments to the measure to assure clarity. The amendments also provide that the landowner not be able to apply for a land use permit for any land within one hundred feet of the historic or burial site, and not just the site itself. Accordingly, your Committee has amended the measure to effectuate the suggested amendments.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1554, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1554, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,

____________________________

LORRAINE R. INOUYE, Chair