STAND. COM. REP. NO. 92

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 697
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Water and Land Use, to which was referred
H.B. No. 697 entitled: 

     "A BILL FOR AN ACT RELATING TO HAWAIIAN FISHPONDS,"

begs leave to report as follows:

     The purpose of this bill is to require the approval of the
chairperson of the Office of Hawaiian Affairs for all leases of
government-owned Hawaiian fishponds.  

     Your Committee received testimony in support of this bill
from the Office of Hawaiian Affairs and in opposition from the
Department of Land and Natural Resources.  

     Your Committee finds that Hawaiian fishponds play an
important role in Hawaiian culture, and that many cultural and
education programs focus on Hawaiian fishponds.  The testimony of
the Department of Land and Natural Resources reflects their
preference for a complete transfer of jurisdiction over Hawaiian
fishponds to the Office of Hawaiian Affairs, and your Committee
concurs with this view.  

     In order to transfer the fishponds, the parties need to
address the following concerns: 

     1.   Verification of ownership, especially for the many
          fishponds with uncertain or disputed title, which will
          require abstracts of title; 

     2.   Legal access to government-owned fishponds; 

     3.   Legal questions on the conveyance of publicly owned
          submerged lands; and 
     4.   The definition of "government owned fishpond." 

 
                                 STAND. COM. REP. NO. 92
                                 Page 2

 
     Your Committee revised the bill by:  

     1.   Removing references to the requirement of approval of
          the chairperson of the Office of Hawaiian Affairs for
          all leases of government-owned Hawaiian fishponds; 

     2.   Adding provisions for the transfer of title of
          government-owned Hawaiian fishponds; 

     3.   Adding a section stating the purpose of the bill; and 

     4.   Making technical, non-substantive changes for the
          purposes of style and clarity.  

     As affirmed by the record of votes of the members of your
Committee on Water and Land Use that is attached to this report,
your Committee is in accord with the intent and purpose of H.B.
No. 697, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 697, H.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 and Land
                                   Use,



                                   ______________________________
                                   Romy M. Cachola, Chair