STAND. COM. REP. NO. 3124

Honolulu, Hawaii

RE:    S.R. No. 72

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committees on Water and Land and Hawaiian Affairs, to which was referred S.R. No. 72 entitled:

"SENATE RESOLUTION REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO DESIGNATE THE ROYAL ORDER OF KAMEHAMEHA AS THE KONOHIKI OF KA‘AWALOA TO HAVE OVERSIGHT AND MANAGEMENT OF KA‘AWALOA AND TO FORMULATE A MASTER PLAN FOR KA‘AWALOA,"

beg leave to report as follows:

     The purpose and intent of this measure is to request the Department of Land and Natural Resources to designate the Royal Order of Kamehameha as the konohiki of Ka‘awaloa to have oversight and management of Ka‘awaloa and to formulate a master plan for Ka‘awaloa.

     Your Committees received testimony in support of this measure from the Office of the Kalaimoku; Office of the Ali‘i ‘Aimoku, Royal Order of Kamehameha I; Office of the Aliiaimoku, Moku O Kona; Royal Order of Kamehameha I Moku O Kahala, Chapter 9; and one individual.  Your Committees received testimony in opposition to this measure from one individual.  Your Committees received comments on this measure from the Department of Land and Natural Resources and Aha Moku Advisory Committee.

     Your Committees find that Ka‘awaloa was the vibrant village and home of Kalaniopu‘u, the ruling chief of Hawaii in 1778, and it was also where Captain Cook anchored his two sailing vessels in the offshore waters of Kealakekua Bay to engage and learn about life in the islands and restock food and water supplies.

     The State of Hawaii provides a special designation to Iolani Palace and the Royal Mausoleum under the administration of the Division of State Parks.  Ka‘awaloa should be viewed as the predecessor of Iolani Palace, having been the ancient seat of governance for the ruling chief of the islands in 1778.

     Your Committees further find that the Royal Order of Kamehameha, a Hawaii nonprofit entity, is broadly recognized and acknowledged throughout Hawaii as the preeminent leader, responsible for sustaining Hawaii's ancient traditions, obligations, and duties in perpetuity for all future generations.  The Royal Order of Kamehameha continues to observe and preserve the ancient traditions, rituals, and customs of Hawaii's ancient leaders and understands the sensitivities, protocols, and cultural nuances that are essential to the historical and cultural underpinnings of the State of Hawaii.

Your Committees are concerned about the management aspect of Ka‘awaloa.  Your Committees believe it is critically important for the area to have a master plan that can be overseen by a knowledgeable entity.  The Aha Moku Advisory Committee, created by section 171-4.5, Hawaii Revised Statutes, is ideal for this undertaking.  Created by Act 288, Session Laws of Hawaii 2012, the Committee has made great strides in fulfilling that part of its mandate to integrate indigenous resource management practices with western management practices in each moku, as well as to identify a comprehensive set of indigenous practices for natural resource management.

     Your Committees have amended this measure by:

     (1)  Adding language to request the Department of Land and Natural Resources to explore the possibility of leasing the Ka‘awaloa land to the nonprofit Royal Order of Kamehameha for a nominal sum;

     (2)  Adding the Aha Moku Advisory Committee to the entities that the Royal Order of Kamehameha is requested to consult in the formulation of the Master Plan;

     (3)  Amending the title of the measure to read, "REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO DESIGNATE THE ROYAL ORDER OF KAMEHAMEHA AS THE KONOHIKI OF KA‘AWALOA TO HAVE OVERSIGHT AND MANAGEMENT OF KA‘AWALOA, TO FORMULATE A MASTER PLAN FOR KA‘AWALOA, AND TO EXPLORE THE POSSIBILITY OF LEASING THE KA‘AWALOA LAND TO THE NONPROFIT ROYAL ORDER OF KAMEHAMEHA"; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Water and Land and Hawaiian Affairs that are attached to this report, your Committees concur with the intent and purpose of S.R. No. 72, as amended herein, and recommend that it be referred to the Committee on Ways and Means, in the form attached hereto as S.R. No. 72, S.D. 1.

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

____________________________ MAILE S.L. SHIMABUKURO, Chair

____________________________ MALAMA SOLOMON, Chair