STAND. COM. REP. NO. 3038

Honolulu, Hawaii

RE:    H.B. No. 2923

       H.D. 2

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred H.B. No. 2923, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC LANDS,"

begs leave to report as follows:

     The purpose of this measure is to establish procedures regarding the leasing of Hawaiian home lands for commercial or multipurpose projects.

     More specifically, this measure:

     (1)  Directs the Department of Hawaiian Home Lands to establish a process for consulting with beneficiaries prior to awarding leases for commercial and multipurpose projects;

     (2)  Authorizes the one-time extension of commercial and multipurpose project leases for up to twenty years;

     (3)  Sets aside twenty per cent of all revenues from commercial and multipurpose leases to be deposited into the native Hawaiian rehabilitation fund; and

     (4)  Requires annual reports to the Legislature and United States Department of the Interior regarding leases of available lands for commercial and multipurpose projects.

     Any written comments submitted regarding the measure may be reviewed on the Legislature's website.

     Your Committee finds that pursuant to section 101, Hawaiian Homes Commission Act, 1920, as amended, the Hawaiian home lands are intended to establish "a permanent land base for the benefit and use of native Hawaiians, upon which they may live, farm, ranch, and otherwise engage in commercial or industrial or any other activities as authorized in this Act."  Your Committee also finds that commercial projects intended to raise revenue for the benefit of native Hawaiians sometimes result in short- and long-term negative consequences for the beneficiaries that are not adequately addressed.  Your Committee further finds that this measure will help to ensure that native Hawaiians, either directly or through native Hawaiian community organizations, will benefit from commercial and multipurpose projects.

     Your Committee has amended this measure by:

     (1)  Correcting a citation to refer to the Hawaiian Homes Commission Act, rather than the Hawaii Revised Statutes;

     (2)  Changing the effective date to July 1, 2050, to facilitate further discussion on the measure; and

     (3)  Making technical amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2923, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2923, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DONNA MERCADO KIM, Chair