STAND. COM. REP. 2208

Honolulu, Hawaii

, 2004

RE: S.B. No. 2758

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Judiciary and Hawaiian Affairs and Water, Land, and Agriculture, to which was referred S.B. No. 2758 entitled:

"A BILL FOR AN ACT RELATING TO CEDED LANDS,"

beg leave to report as follows:

The purpose of this measure is to prevent the Board of Land and Natural Resources (Board) from selling, exchanging, or otherwise alienating lands contained in the public land trust.

Testimony in support of this measure was submitted by the Office of Hawaiian Affairs, one council member from the County of Maui, Hawaiian Political Action Council of Hawaii, Ka Lahui Hawaii, and two individuals. Testimony in opposition to this measure was submitted by the Board. Comments were also submitted by the Department of Hawaiian Home Lands.

Your Committees find that the lands in the public land trust constitute the legacy of the Hawaiian people. The State of Hawaii, as trustee and guardian of these resources, must ensure that this legacy is preserved and not diminished. Thus, your Committee believes that this measure will preserve the integrity of the public land trust.

Your Committees adopted the amendment suggested by the Department of Hawaiian Home Lands to allow the Board to sell, exchange, or alienate land to that department. The purpose of this amendment was to follow the intent of the Admission Act which allows the public land trust proceeds to be used for the "betterment of conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act, 1920, as amended."

As affirmed by the records of votes of the members of your Committees on Judiciary and Hawaiian Affairs and Water, Land, and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2758, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2758, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Hawaiian Affairs and Water, Land, and Agriculture,

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LORRAINE R. INOUYE, Chair

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COLLEEN HANABUSA, Chair