STAND. COM. REP. NO.1369

Honolulu, Hawaii

, 2003

RE: H.B. No. 295

H.D. 1

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 295, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE PUBLIC LAND TRUST,"

begs leave to report as follows:

The purpose of this measure is to establish a legislative Task Force to be known as the Public Lands Resolution Task Force.

Specifically, the measure:

(1) Administratively attaches the Public Lands Resolution Task Force to the Office of the Auditor;

(2) Requires that, at a minimum, the Task Force consists of:

(a) Three representatives appointed by the Speaker of the House of Representatives;

(b) Three senators appointed by the President of the Senate;

(c) A representative of the Governor's office; and

(d) A representative of an appropriate federal agency selected by Hawaii's congressional delegation;

(3) Requires the Office of Hawaiian Affairs to serve as an equal partner with the Task Force in conducting community forums;

(4) Mandates the Task Force and the Office of Hawaiian Affairs to address and resolve the matter of just payment relating to ceded lands revenues and settlements, focusing on certain issues that include the need to update the ceded land inventory or its applicability;

(5) Requires the Task Force, in partnership with the Office of Hawaiian Affairs, to submit findings and recommendations to the Legislature twenty days prior to the convening of the Regular Session of 2004; and

(6) Provides that the Task Force ceases to exist upon submitting its findings and recommendations.

Your Committee finds that negotiations between the State and the Office of Hawaiian Affairs have long sought to resolve the Office of Hawaiian Affairs' entitlement to income from the public land trust established in section 5(f) of the Admission Act. Questions remain concerning the need to update the ceded lands inventory and its applicability in determining resolution, given the accuracy of land valuation figures as well as lease rents for extremely valuable property sometimes based on overall economic benefits rather than actual land value and a percentage of gross receipts, or both.

Your Committee further finds that the Task Force established by the bill creates a promising process for arriving at a solution. It is imperative that the Hawaiian people be given the opportunity to meaningfully participate in this process so that they may embrace the final outcome. Furthermore, community forums on all islands conducted jointly by the Task Force and the Office of Hawaiian Affairs will enhance the participation by all members of the Hawaiian community.

Upon further consideration, your Committee has amended this bill by clarifying that the:

(1) Public Lands Resolution Task Force is an advisory Task Force; and

(2) Sunset date of the Public Lands Resolution Advisory Task Force is extended until June 30, 2004, to ensure that the members of the Task Force are available to respond to inquiries from legislators during the Regular Session of 2004.

In addition, a technical amendment was made changing the word "ceded" to "public" in Section 5 to correct the title of the Task Force and to conform to other references to the Task Force in the bill.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 295, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 295, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair