Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred S.B. No. 964 entitled:

begs leave to report as follows:

The purpose of this measure is to establish a task force to develop state law relating to the ownership and use of Hawaii's caves.

The Department of Land and Natural Resources and Hawaii Speleological Society testified in support of this measure. An individual submitted comments on the measure.

Your Committee finds that in recent years, there has been a steady increase in cave or lava tube exploration for commercial purposes. This commercialization has led to increased disturbances and intrusions upon lava tube systems, particularly on Maui and Hawaii Island where two of the larger systems are located. Commercial activity has also led to ownership disputes, as various interests attempt to obtain a share of the lucrative cave tour market.

Your Committee further finds that the State has an interest in protecting caves and lava tube systems. Many burial sites and other sites associated with native Hawaiian uses are found in naturally forming lava tubes. Further, these systems are home to several endemic species, some of which are endangered.

Presently, Hawaii has no comprehensive law governing ownership, access to, or use of caves and lava tubes systems, to resolve the conflicts that arise between entities with competing interests in the caves. This measure establishes a task force to develop appropriate cave legislation, and appropriates funds to support the task force's activities.

Your Committee further finds that the issue of the enactment of caves legislation raises concerns that merit further consideration. Accordingly, your Committee has amended this measure by inserting an effective date of July 1, 2050, to ensure ongoing discussions on this issue.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 964, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 964, S.D. 1, and be referred to the Committee on Ways and Means.