STAND. COM. REP. NO. 3049

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.C.R. No. 95
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committees on Water, Land, and Hawaiian Affairs and
Transportation and Intergovernmental Affairs, to which was
referred S.C.R. No. 95 entitled:

     "SENATE CONCURRENT RESOLUTION URGING THE FEDERAL GOVERNMENT
     TO SHARE IN THE COST OF CONDUCTING A COMPREHENSIVE INVENTORY
     OF CEDED LANDS IN THE STATE OF HAWAII,"

beg leave to report as follows:

     The purpose of this measure is to urge the federal
government to share in the cost of conducting a comprehensive
inventory of ceded lands in the State of Hawaii.

     Testimony in support of the measure was received from the
Office of Hawaiian Affairs and the Ka Lahui Hawaii Political
Action Committee.

     Your Committees find that in 1959, the Admission Act
transferred the title of lands controlled by the Territory of
Hawaii to the State of Hawaii.  These lands are commonly referred
to as the public or ceded land trust.  As a condition of
admittance, the State of Hawaii was to manage these lands as a
public trust, the benefit of which was to be used for purposes
delineated in section 5(f) of the Admission Act.  One of these
purposes requires the State of Hawaii to utilize a portion of the
revenues derived from the ceded land trust for the "betterment of
conditions of native Hawaiians, as defined under the Hawaiian
Homes Commission Act of 1920, as amended".  While the Admission
Act was fairly explicit as to the types of lands to be conveyed

 
a                                                     SCR95
                                   STAND. COM. REP. NO. 3049
                                   Page 2


to the State of Hawaii, it was not explicit as to the specific
acreages or locations of the lands that actually comprised the
ceded land trust.

     In other words, while Congress did intend to transfer title
of certain federally-controlled lands and lands formerly held by
the Territory of Hawaii, no comprehensive inventory of these
lands was ever completed prior to the transfer.

     In an effort to resolve this problem, the State of Hawaii,
the Office of Hawaiian Affairs, and many Hawaiian organizations
have long sought assistance from the federal government.
Fortunately, the Clinton Administration has taken a sympathetic
view of federal responsibilities relating to Hawaiians by
enacting Public Law 103-150, commonly referred to as the "Apology
Resolution".  With this renewed sense of responsibility by the
federal government for its past actions and the pressing need
for resolving controversies that stem from disputes over what
lands are actually included within the ceded land trust
authorized by Congress under the Admission Act, your Committees
believe that the time is right to request that a collaborative
effort to establish a comprehensive ceded land inventory be
undertaken by the federal government, the State of Hawaii, and
the Office of Hawaiian Affairs.

     As affirmed by the records of votes of the members of your
Committees on Water, Land, and Hawaiian Affairs and
Transportation and Intergovernmental Affairs that are attached to
this report, your Committees concur with the intent and purpose
of S.C.R. No. 95, and recommend that it be referred to the
Committee on Ways and Means.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Water, Land, and
                                   Hawaiian Affairs and
                                   Transportation and
                                   Intergovernmental Affairs,



____________________________       ______________________________
CAL KAWAMOTO, Chair                COLLEEN HANABUSA, Chair

 
a                                                     SCR95