HCR165

WHEREAS, during the Regular Session of 2001, the Legislature passed and the Governor signed into law Act 302 to promote increased self-governance by Hawaiian homestead community organizations over the affairs of their distinct native communities on Hawaiian home lands; and

WHEREAS, Act 302 is codified as section 201.6 of the Hawaiian Homes Commission Act, 1920, as amended; and

WHEREAS, Act 302 is pending consent by the Congress of the United States; and

WHEREAS, Act 302 will allow the State to delegate to a democratically-elected organization representing a Hawaiian homestead community or communities, the authorities delegated to the State by the United States relating to the administration of the Hawaiian Homes Commission Act, 1920, as amended; and

WHEREAS, beneficiaries of the Hawaiian Homes Commission Act, 1920, as amended, want to begin the process of implementing the provisions of Act 302 and section 201.6 of the Hawaiian Homes Commission Act, 1920, as amended; and

WHEREAS, the establishment of a Hawaiian homestead community self-governance task force comprised of members representing the Department of Hawaiian Home Lands, State Council of Hawaiian Homestead Organizations, Hui Kako‘o ‘Aina Ho‘opulapula, and other appropriate native Hawaiian beneficiary organizations is needed to assist in moving this process forward;; and

WHEREAS, the purpose of the task force would be to review the steps necessary for the State, subject to the consent of the Congress of the United States, to delegate authorities relating to the administration of the Hawaiian Homes Commission Act, 1920, as amended, to democratically-elected Hawaiian homestead community self-governance organizations, pursuant to section 201.6 of the Act; and

WHEREAS, the Department of Hawaiian Home Lands has allocated funding from the native Hawaiian rehabilitation fund to support Act 302 self-governance activities and is agreeable to using these funds to support the work of the task force; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the Department of Hawaiian Home Lands is requested to establish a Hawaiian homestead community self-governance task force; and

BE IT FURTHER RESOLVED that the Department is requesting to have the task force be composed of the following members or their respective designees:

(1) The Chairperson of the Hawaiian Homes Commission;

(2) The Chairperson of the State Council of Hawaiian Homestead Associations;

(3) A member designated by and representing each Hawaiian Homestead ahupua‘a on Kauai, Oahu, Molokai, Maui, Lanai, and Hawaii;

(4) A member designated by and representing Hui Kako‘o ‘Aina Ho‘opulapula; and

(5) Representatives of other native Hawaiian beneficiary organizations, as deemed appropriate; and

BE IT FURTHER RESOLVED that the task force is requested to review the steps necessary for the State, subject to the consent of the Congress of the United States, to delegate authorities relating to the administration of the Hawaiian Homes Commission Act, 1920, as amended, to democratically-elected Hawaiian homestead community self-governance organizations, pursuant to section 201.6 of the Act, including but not limited to the following;

(1) The administrative powers and responsibilities that the Hawaiian Homes Commission may consider delegating to a democratically-elected Hawaiian homestead community self-governance organization, including the governmental services that the organization may be empowered to perform for its homestead community;

(2) Criteria that may be used to determine the boundaries and location of a Hawaiian homestead community;

(3) Criteria that may be used to determine whether a Hawaiian homestead community self-governance organization is eligible for delegation of Hawaiian Homes Commission administrative authority;

(4) Methods or procedures by which a Hawaiian homestead community may establish a democratically-elected Hawaiian homestead community self-governance organization that meets the criteria for delegation of Hawaiian Homes Commission administrative authority;

(5) Contractual requirements necessary to ensure that any governmental service to be performed by a Hawaiian homestead community self-governance organization by contract with the Hawaiian Homes Commission will be performed at a level and quality comparable to the services that would otherwise be provided by the Department of Hawaiian Home Lands;

(6) The development of an ongoing process to implement the delegation of Hawaiian Homes Commission administrative authority; and

(7) Any other guidelines or other matters that would facilitate implementation of section 201.6 of the Hawaiian Homes Commission Act, 1920, as amended; and

BE IT FURTHER RESOLVED that the task force is requested to submit its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the Regular Session of 2008; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Hawaiian Homes Commission, Chairperson of the State Council of Hawaiian Homestead Associations, and Chairperson of Hui Kako‘o ‘Aina Ho‘opulapula.

	OFFERED BY:	_____________________________

Report Title:

Hawaiian Home Lands; Community Based Governance

HOUSE OF REPRESENTATIVES	H.C.R. NO.	165
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII