THE SENATE

S.R. NO.

89

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 
   


SENATE RESOLUTION

 

REQUESTING AN AUDIT OF THE DEPARTMENT OF HAWAIIAN HOME LANDS AND THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO ENSURE PROMPT COMPLIANCE WITH ACT 150, SESSION LAWS OF HAWAII 1990.

 

WHEREAS, Act 150, Session Laws of Hawaii (SLH) 1990, relating to Kalawahine Lands, was enacted to effectuate the legal disposition of certain lands, among other lands, located in Kalawahine and Kewalo-Uka, Honolulu, Oahu; and

WHEREAS, Act 150, SLH 1990, authorized the Department of Land and Natural Resources (DLNR) to negotiate and enter into long-term residential leases not to exceed 65 years in duration with persons residing and having homes in Kalawhine and Kewalo-Uka, who met specified criteria; and

WHEREAS, Act 150, SLH 1990, provided that the authority granted to the DLNR was to expire on January 1, 1992, or completion of negotiations and recordation of the leases, whichever is sooner, which was extended by Act 60, SLH 1992, to December 31, 1993; and

WHEREAS, Act 150, SLH 1990, authorized the families who met specified criteria to elect to have the lands under their homes transferred to the Department of Hawaiian Home Lands (DHHL), in which case they would be entitled to receive homestead leases, or to elect to have the lands under their homes remain with the DLNR, in which case they would be entitled to receive long-term residential leases, not exceeding sixty-five years; and

WHEREAS, Act 150, SLH 1990, was preceded by Senate Resolution No. 180, adopted in 1989 and entitled "Concerning the Historic, Current, and Future Use of Kalawahine, Oahu," which provides pertinent historical background information relating to Kalawahine; and

WHEREAS, the DLNR submitted a report dated December 1989 to the Legislature pursuant to Senate Resolution No. 180, which recommended the enactment of the legislation that resulted in Act 150, SLH 1990; and

WHEREAS, the Board of Land and Natural Resources on June 1991, pursuant to Act 150, SLH 1990, authorized the conveyance of government land to the Hawaiian Homes Commission in accordance with requests from three families and directed the issuance of a lease through DLNR for the remaining family; and

WHEREAS, boundary issues remained unresolved and on January 13, 1998, the Department of Hawaiian Home Lands conducted a hearing on the boundary issues involving the Kalawahine, Oahu lot determinations; and

WHEREAS, a contested case hearing was scheduled on July 27, 1999 to determine final lot descriptions and to resolve other related issues that will allow the DHHL to issue residential homestead leases pursuant to Act 150, SLH 1990; and

WHEREAS, the DHHL and DLNR have taken about ten years to finalize the mandates of Act 150, SLH 1990, without the targeted families receiving timely leases during that time as intended by the Legislature; and

WHEREAS, there appears to be issues relating to whether the legislative intent of Act 150, SLH 1990, has been fulfilled, as evidenced by a variety of administrative actions taken by the staff of the DLNR and DHHL; and

WHEREAS, at least one affected party felt compelled to file two related legal actions to contest the substantive and procedural actions taken by the DHHL, which actions are pending in the circuit court and the Hawaii Supreme Court; now therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, that the Auditor is requested to conduct an audit of the Department of Hawaiian Home Lands and the Department of Land and Natural Resources relating to their compliance with Act 150, Session Laws of Hawaii, 1990; and

BE IT FURTHER RESOLVED that the Auditor report to the Legislature on the Auditor's findings, recommendations, and implementing legislation, no later than twenty days prior to the convening of the Regular Session of 2004; and

BE IT FURTHER RESOLVED that the Auditor's report include recommendations for corrective action that could have been taken in retrospect to avoid the pending litigation and that would avoid potential future litigation; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Auditor, the Chair of the Hawaiian Home Commission, the Chair of the Board of Land and Natural Resources, and the Native Hawaiian Legal Corporation.

 

 

 

OFFERED BY:

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Report Title:

Kalawahine Lands; Auditor Audit