HB335 SD1.DOC

PART I. GENERAL PROVISIONS

SECTION 1. SHORT TITLE. This Act shall be known and may be cited as the Office of Hawaiian Affairs Appropriations Act of 2017.

SECTION 2. DEFINITIONS. Unless otherwise clear from the context, as used in this Act:

"Means of financing" (or "MOF") means the source from which funds are appropriated or authorized to be expended for the programs and projects specified in this Act. All appropriations are followed by letter symbols. Such letter symbols, where used, shall have the following meanings:

A general funds

T trust funds

"Position ceiling" means the maximum number of permanent and temporary full-time equivalent positions authorized for a particular program during a specified period or periods, as denoted by an asterisk for permanent full-time equivalent positions and a pound sign for temporary full-time equivalent positions.

"Program ID" means the unique identifier for the specific program and consists of the abbreviation for the office of Hawaiian affairs (OHA) followed by the organization number for the program.

PART II. PROGRAM APPROPRIATIONS

SECTION 3. APPROPRIATIONS. The following sums, or so much thereof as may be sufficient to accomplish the purposes and programs designated herein, are hereby appropriated or authorized from the means of financing specified to the office of Hawaiian affairs for the fiscal biennium beginning July 1, 2017, and ending June 30, 2019. The total expenditures and the number of positions in each fiscal year of the biennium shall not exceed the sums and the number indicated for each fiscal year, except as provided elsewhere in this Act or as provided by general law.

PROGRAM APPROPRIATIONS
						APPROPRIATIONS
	ITEM NO.	PROG. ID	PROGRAM	EXPENDING AGENCY	FISCAL YEAR 2017-2018		M O F	FISCAL YEAR 2018-2019	M O F

Hawaiian Affairs

1. OHA150 - OFFICE OF THE TRUSTEES

0.47* 0.47*

0.00# 0.00#

OPERATING OHA 104,947A 104,947A

4.53* 4.53*

0.00# 0.00#

OHA 322,011T 322,011T

2. OHA160 - ADMINISTRATION

5.03* 5.03*

0.00# 0.00#

OPERATING OHA 1,785,300A 1,785,300A

31.97* 31.97*

0.00# 0.00#

OHA 2,368,928T 2,368,928T

3. OHA175 - BENEFICIARY ADVOCACY

1.47* 1.47*

0.00# 0.00#

OPERATING OHA 2,000,757A 2,000,757A

18.53* 18.53*

0.00# 0.00#

OHA 3,281,019T 3,281,019T

PART III. PROGRAM PROVISIONS

SECTION 4. Provided that the general fund appropriations in part II of this Act shall be expended by the office of Hawaiian affairs.

SECTION 5. Provided that of the funds appropriated for beneficiary advocacy (OHA175), the sum of $415,000 in general funds and $415,000 in trust funds for fiscal year 2017-2018 and the same sums for fiscal year 2018-2019 shall be expended to provide for social services, including referral services and case management, to at-risk office of Hawaiian affairs beneficiaries to immediately address unexpected crises. Program activities shall be designed with an overall objective to provide financial assistance to improve stability during emergency situations; provided further that notwithstanding section 10-17(e), Hawaii Revised Statutes, any funds expended for the purposes of this section shall be in accordance with chapter 103D or 103F, Hawaii Revised Statutes, as appropriate.

SECTION 6. Provided that of the funds appropriated for beneficiary advocacy (OHA175), the sum of $615,000 in general funds and $615,000 in trust funds for fiscal year 2017-2018 and the same sums for fiscal year 2018-2019 shall be expended to provide for educational improvement programs for Native Hawaiian students. Program activities shall be designed to help Native Hawaiian students meet or exceed educational standards; provided further that notwithstanding section 10-17(e), Hawaii Revised Statutes, any funds expended for the purposes of this section shall be made in accordance with chapter 103D or 103F, Hawaii Revised Statutes, or a competitive grants process, as appropriate.

SECTION 7. Provided that of the funds appropriated for beneficiary advocacy (OHA175), the sum of $524,400 in general funds and $524,400 in trust funds for fiscal year 2017-2018 and the same sums for fiscal year 2018-2019 shall be expended to provide for legal services and legal representation to office of Hawaiian affairs beneficiaries for:

(1) The assertion and defense of quiet title actions;

(2) Assistance with ahupua‘a and kuleana tenant rights, including rights of access and rights to water;

(3) Land title assistance, including review of title and genealogy;

(4) Preservation of traditional and customary practices;

(5) Protection of culturally significant places; and

(6) Preservation of Native Hawaiian land trust entitlements;

provided further that notwithstanding section 10-17(e), Hawaii Revised Statutes, any funds expended for the purposes of this section shall be made in accordance with chapter 103D or 103F, Hawaii Revised Statutes, as appropriate.

SECTION 8. Provided that of the general funds and trust funds appropriated for beneficiary advocacy (OHA175), the sum of $500,000 in general funds and $500,000 in trust funds for fiscal year 2017-2018 and the sum of $500,000 in general funds and $500,000 in trust funds for fiscal year 2018-2019 shall be expended at the discretion of the board of trustees of the office of Hawaiian affairs for office of Hawaiian affairs beneficiaries; provided that no state general funds shall be expended unless matched by the expenditure of at least an equal amount of office of Hawaiian affairs' trust funds; provided that the general funds and trust funds appropriated under this section shall be expended only after the chief executive officer of the office of Hawaiian affairs consults with the chairs of the senate committee on ways and means and the house committee on finance or their designees; and provided further that the office of Hawaiian affairs shall submit a report to the legislature listing expenditures made pursuant to this section, no later than twenty days prior to the convening of the regular sessions of 2018 and 2019.

PART IV. MISCELLANEOUS PROVISIONS AND EFFECTIVE DATE

SECTION 9. Provided that whenever necessary, the board of trustees of the office of Hawaiian affairs or the board's designee may transfer sufficient funds and positions between programs for operating purposes; provided that these transfers shall be consistent with legislative intent; and provided further that the office of Hawaiian affairs shall submit a report to the legislature of all uses of this authority for the previous twelve month period from December 1 to November 30, no later than twenty days prior to the regular session of 2018 and 2019.

SECTION 10. If any portion of this Act or its application to any person, entity, or circumstance is held to be invalid for any reason, the legislature declares that the remainder of the Act and each and every other provision thereof shall not be affected thereby. If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall be expended to fulfill the objective of such appropriation to the extent possible.

SECTION 11. If manifest clerical, typographical, or other mechanical errors are found in this Act, the board of trustees of the office of Hawaiian affairs is authorized to correct these errors. All changes made pursuant to this section shall be reported to the legislature at its next session.

SECTION 12. This Act shall take effect on July 1, 2017.