STAND. COM. REP. NO. 1353-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.R. No. 135
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.R. No. 135 entitled:

     "HOUSE RESOLUTION URGING CONGRESS TO CLARIFY THE HAWAIIAN
     HOMES COMMISSION ACT TO GIVE NATIVE HAWAIIANS A STATUS LIKE
     THAT OF INDIANS IN ORGANIZED TRIBES AND TO PROVIDE THAT THE
     STATE OF HAWAII HAS BROAD AUTHORITY TO PRESERVE THAT
     STATUS,"

begs leave to report as follows:

     The purpose of this resolution as introduced was to urge
Congress to clarify the Hawaiian Homes Commission Act to give
native Hawaiians a status like that of Indians in organized
tribes and to provide that the State of Hawaii has broad
authority to preserve that status.

     Testimony in support of this resolution was provided by the
State Council of Hawaiian Homestead Associations, the Hawaii
Island Ahupuaa, the Paukukalo, Waiehu Kou, Waiohuli, Keokea and
Kahinikinai Hawaiian Homestead Associations on Maui, and a
concerned individual.  The Ahupua'a O O'ahu and a concerned
individual provided testimony in support of this resolution with
proposed amendments.  The Office of Hawaiian Affairs provided
testimony expressing reservations concerning this resolution.
The State of Hawaii Department of Hawaiian Homelands commented on
this resolution.

     It is the sense of your Committee that the issues addressed
in the resolution as introduced have been adequately provided for

 
 
                                 STAND. COM. REP. NO. 1353-00
                                 Page 2

 
through other legislative measures.  Your Committee finds that
the best interest of the Hawaiian community at this juncture will
be served if the Office of Hawaiian Affairs is encouraged to
investigate whether threats to ceded lands assets exist as a
result of changes to the trustee selection process mandated by
the U.S. Supreme Court's decision in Rice v. Cayetano.  It is the
understanding of your Committee that the State Council of
Hawaiian Homestead Associations supports a change in the scope
and substance of this resolution.

     Your Committee has amended this resolution by: deleting text
that would urge Congress to clarify that the Hawaiian Homes
Commission Act serves as federal recognition that native
Hawaiians' status is like that of Indians in organized tribes;
inserting text requesting a study of the security of trust assets
currently under the management of the trustees of the Office of
Hawaiian Affairs; and amending the title of the resolution
correspondingly, to read: "REQUESTING THE OFFICE OF HAWAIIAN
AFFAIRS TO COMMISSION A STUDY OF THE SECURITY OF THE 5(F) TRUST
ASSETS IN LIGHT OF THE RICE V. CAYETANO U.S. SUPREME COURT
RULINGS." 

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee concurs with the intent and purpose
of H.R. No. 135, as amended herein, and recommends its adoption
in the form attached hereto as H.R. No. 135, H.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair