STAND. COM. REP. NO. 1190
Honolulu, Hawaii
RE: H.B. No. 1948
H.D. 2
S.D. 1
Honorable Colleen Hanabusa
President of the Senate
Twenty-Fourth State Legislature
Regular Session of 2007
State of Hawaii
Madam:
Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred H.B. No. 1948, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO NATIVE HAWAIIANS,"
begs leave to report as follows:
The purpose of this measure is to preserve and sustain Native Hawaiian indigenous resources management practices by creating an Aha Moku Council System that will provide advisory assistance to the Department of Land and Natural Resources on all matters regarding the management of the State's natural resources.
Specifically, this measure adds a new chapter to title 12, Hawaii Revised Statutes, that:
(1) Establishes an Aha Moku Commission to assist in the formation of regional Aha Moku Councils, which will serve in an advisory capacity on all matters regarding the management of the State's natural resources; and
(2) Requires the Department of Land and Natural Resources to seek advisory assistance from the Aha Moku Councils in developing a comprehensive set of best practices for natural resources management.
Testimony in support of this measure was submitted by the Department of Land and Natural Resources, the Office of Hawaiian Affairs, the Nature Conservancy, the Association of Hawaiian Civic Clubs, the Princess Ka‘iulani Hawaiian Civic Club, the Pearl Harbor Hawaiian Civic Club, the Oahu Civic Club, and four individuals. Testimony in opposition to this measure was submitted by one individual.
Today, many Hawaiian communities are becoming revitalized by using the knowledge of cultural practitioners that has been passed down through kupuna and experienced farmers and fishers. This knowledge has allowed communities to engage in and enhance sustainability and self-sufficiency. Furthermore, many Hawaiian communities are interested in and willing to advise government agencies, organizations, and other interested groups in integrating traditional knowledge and ahupua‘a management practices.
At the Ho‘ohanohano I Na Kupuna Puwalu Series, all thirty-seven moku came together for the first time. The puwalu resulted in a unanimous consensus that a proactive approach is necessary to protect Hawaii's natural resources and ecosystems, and to sustain the traditional Native Hawaiian practices. Your Committee finds that developing an Aha Moku Council System that incorporates and represents all thirty-seven moku statewide will enable the development of a comprehensive set of best practices for natural resources management, which will reflect and sustain traditional Native Hawaiian practices.
Your Committee had concerns that the means and structure of the Council System and its administrative Aha Moku Council Commission were too broad and cumbersome to effectively achieve its objectives and carry out its purposes. Your Committee, however, recognizes that the traditional Native Hawaiian practices relating to resources management are becoming a dying art as the number of kupuna and Native Hawaiian practitioners are dwindling. Thus, your Committee strongly believes that these traditional practices and methods need to be preserved and sustained, but recognizes that there needs to be additional time allotted to coordinate and examine the structure and selection of members to the Aha Moku Councils and Commission to ensure that the Council System, upon its establishment, will successfully achieve its goals and objectives.
Accordingly, your Committee has amended this measure by:
(1) Deleting the language in sections 1 and 2 of this measure and replacing it with language from sections 1 and 2 from S.B. No. 1853, S.D. 1, that creates an Aha Moku Council System Advisory Committee to:
(A) Explore, examine, and derive the best practice models for the creation of an Aha Moku Council System and Aha Moku Council Commission;
(B) Explore best practice models to establish an administrative structure, including member criteria and selection, for the creation of an Aha Moku Council Commission to oversee an Aha Moku Council System;
(C) Establish goals and objectives for an Aha Moku Council Commission and Aha Moku Councils to accomplish, including benchmarks for long-term planning;
(D) Establish a feasible operational budget for an Aha Moku Council Commission; and
(E) Submit written reports of its findings and recommendations, including any legislation, to the Legislature prior to the convening of the 2008 and 2009 Regular Sessions;
(2) Establishing a process for choosing advisory committee members to include a list of nominees to be submitted by the Office of Hawaiian Affairs and the Department of Hawaiian Home Lands;
(3) Deleting the unspecified appropriation amount and replacing it with an appropriation of $111,000 for each year of the 2007-2009 fiscal biennium for the administrative costs of the Aha Moku Council System Advisory Committee and for allowing each of the thirty-seven moku statewide to participate in the discussion on the creation of an Aha Moku Council System;
(4) Changing the effective date of appropriation from July 1, 2020, to July 1, 2007; and
(5) Making technical, nonsubstantive amendments for the purposes of style and clarity.
Your Committee believes that these amendments fulfill the intent of this measure, which is to preserve and sustain the Native Hawaiian indigenous resource management practices.
As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1948, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1948, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Water, Land, Agriculture, and Hawaiian Affairs,
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____________________________ RUSSELL S. KOKUBUN, Chair |
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