STAND. COM. REP. NO. 1293

Honolulu, Hawaii

RE:    S.C.R. No. 159

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 159, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION URGING THE DEPARTMENT OF HAWAIIAN HOME LANDS TO RELEASE PASTORAL AND AGRICULTURAL LEASES TO ITS BENEFICIARIES AND REPORT STATISTICAL DATA RELATED TO IMPLEMENTATION OF ARTICLE XII, SECTION 1 OF THE HAWAII STATE CONSTITUTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to urge the Department of Hawaiian Home Lands to release pastoral and agricultural leases to its beneficiaries and to report to the Legislature statistical data related to implementation of Article XII, Section 1 of the Hawaii Constitution.

     Your Committee finds that pastoral and agricultural leases are important, valuable, and viable uses of Hawaiian home lands.  Your Committee further finds that providing greater access to ancestral lands is one way to improve the condition of native Hawaiians.

     Your Committee has amended this measure by:

     (1)  Adding language that references the court order in Lum v. Hawaiian Homes Commission, Civil No. 09-1-2332-10 (1st Cir. Ct. Haw., Oct. 10, 2010), which ordered the Hawaiian Homes Commission to adopt rules pursuant to chapter 91, Hawaii Revised Statutes, before awarding any further pastoral homestead lands; and

     (2)  Requesting the Department of Hawaiian Home Lands to take immediate action to comply with the court order in Lum v. Hawaiian Homes Commission.

     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 concurs with the intent and purpose of S.C.R. No. 159, S.D. 1, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 159, S.D. 2.

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

____________________________

DAVID Y. IGE, Chair