Requires the CZM public advisory body members to be appointed by the director of the lead agency in consultation with the chairperson of the board of trustees for OHA. (SD1)

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to ensure native Hawaiian representation on the public advisory body relating to coastal zone management. The people of the State of Hawai'i acknowledged an obligation to the indigenous people of Hawai'i by ratifying the 1978 constitutional amendment that compelled the creation of the office of Hawaiian affairs. Subsequently, Act 196, Session Laws of Hawaii 1979, formally created the office of Hawaiian affairs. In establishing the office of Hawaiian affairs, the legislature specified six purposes of the office. One of the purposes empowered the office to:

The legislature also directed in section 10-13.5, Hawaii Revised Statutes, that: "Twenty per cent of all funds derived from the public land trust . . . shall be expended by the office" for the betterment of the conditions of native Hawaiians.

The public land trust makes up more than ninety-four per cent of all state lands. The sound and prudent management of all state lands and coastal resources is of critical importance to native Hawaiians both as a revenue source for their self-determination and for the preservation of their cultural and religious practices. The State's decisions concerning land use and the management of coastal zone resources directly affect native Hawaiians. The office of Hawaiian affairs, as the agency charged with the betterment of native Hawaiians, needs to contribute to the State's stewardship over these resources. Such a role furthers the original legislative intent mandated in 1979 through section 10-3, Hawaii Revised Statutes.

This Act provides for the public advisory body for coastal zone management to be appointed by the director of the lead agency in consultation with the chairperson of the board of trustees for the office of Hawaiian affairs.

SECTION 2. Section 205A-3.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The public advisory body shall be composed of not more than twelve members who shall be appointed by the director of the lead agency in consultation with the chairperson of the board of trustees for the office of Hawaiian affairs. The members shall be appointed for staggered terms of not more than three years[. These members shall be] and selected with consideration given to the following criteria:

The lead agency shall undertake widespread solicitation of applications from persons who are interested in serving on the public advisory body."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval and shall apply to any new appointments or reappointments after its effective date.