Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 463, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to require the Kaho`olawe Island Reserve Commission (KIRC) to provide the Legislature with a master plan, by August 1, 2003, to describe the KIRC's intentions for managing the reserve upon the transfer of administrative control of Kaho`olawe from the Navy to the KIRC.

Testimony in support of this measure was received from the Office of Hawaiian Affairs (OHA) and the KIRC.

The State is scheduled to legally assume control of Kaho'olawe on September 30, 2003. The KIRC and the Navy originally agreed in principle that the Navy will continue to maintain access for 120 days after the transfer date to facilitate certification and de-mobilization of the project. However, testimony indicated that the KIRC is currently negotiating an agreement with the Navy regarding the respective roles and responsibilities for management of perpetual unexploded ordnance risks. Negotiations are moving slowly in other areas because of differences in views between the State, represented by the KIRC, and the Navy. Each issue impacts upon the master plan, making settlement of the negotiations a prerequisite to formulation of the master plan.

Your Committee has amended this measure by changing the date of the submission of the master plan to the Legislature to August 15, 2003.

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 is in accord with the intent and purpose of S.B. No. 463, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 463, S.D. 2.