STAND. COM. REP. NO.  30

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 397

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committees on Water, Land, & Ocean Resources and Hawaiian Affairs, to which was referred H.B. No. 397 entitled:

"A BILL FOR AN ACT RELATING TO LANDS CONTROLLED BY THE STATE,"

beg leave to report as follows:

     The purpose of this bill is to help preserve the public lands of the State.  Specifically, this measure requires that:

     (1)  The concurrent resolution to exchange, sell, or gift public land contain, among other things:

          (A)  The specific location and size in square feet or in other precise measure of the parcel of land to be sold or given;

          (B)  The specific purpose for which the land is being sold or given; and

          (C)  A statement of whether the land is, or is not, land that was classed as government or crown lands previous to August 15, 1895, or was acquired by the State in exchange for such lands, and a detailed explanation of how the state department or agency made this determination;

          and

     (2)  A copy of the concurrent resolution be submitted to the Office of Hawaiian Affairs (OHA) six months prior to the convening of a regular or special session of the Legislature to allow OHA to determine whether the land was classed as government or crown lands previous to August 15, 1895, or was acquired by the State in exchange for such lands.

     OHA and the Association of Hawaiian Civic Clubs supported this bill.

     After careful consideration, your Committees have amended this bill by requiring that the copy of the concurrent resolution submitted to OHA be submitted at least three months prior to the convening of a regular or special session of the Legislature.

     Your Committees note that this bill would affect not only OHA but also the Department of Agriculture, University of Hawaii, Agribusiness Development Corporation, and High Technology Development Corporation as holders of title to public lands.

     As affirmed by the records of votes of the members of your Committees on Water, Land, & Ocean Resources and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 397, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 397, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Water, Land, & Ocean Resources and Hawaiian Affairs,

____________________________ FAYE HANOHANO, Chair

____________________________ JERRY L. CHANG, Chair