STAND. COM. REP. NO. 2358
Honolulu, Hawaii
RE: S.B. No. 3018
Honorable Ronald D. Kouchi
President of the Senate
Thirtieth State Legislature
Regular Session of 2020
State of Hawaii
Sir:
Your Committees on Hawaiian Affairs and Water and Land, to which was referred S.B. No. 3018 entitled:
"A BILL FOR AN ACT RELATING TO TRADITIONAL HAWAIIAN PRACTICES,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Exempt the traditional and customary practice of kalo farming on kuleana lands by native Hawaiians from the requisite permit for withdrawal, diversion, impoundment, or consumptive use of water; and
(2) Exempt the traditional and customary practice of kalo farming on kuleana lands by native Hawaiians from the requisite permit for construction or alteration of a stream diversion works.
Your Committees received testimony in support of this measure from the Ahu Moku Advisory Committee, Pono Hawai‘i Initiative, Ho‘oulu ‘Aina Farms, and eighteen individuals. Your Committees received comments on this measure from the Department of Land and Natural Resources.
Your Committees find
that native Hawaiians have been farming lands throughout the Hawaiian islands
for nearly two thousand years. They have
done so successfully and without creating adverse impacts to the land and
ahupua‘a in which
they operated. Traditional farming and
the native Hawaiian culture generally play a vital role in preserving and
advancing the quality of life and cultural vitality of Hawaii. Additionally, the rights of native Hawaiians
are codified in articles IX and XII of the Hawaii State Constitution, as well
as numerous state laws and judicial decisions.
Your Committees further find that supporting traditional farming is critical towards helping the State achieve food security and increasing domestic production of a local food supply. The State has an affirmative obligation to ensure that its regulatory actions do not adversely impact the constitutionally protected rights of native Hawaiians. This measure allows the native Hawaiians to farm on Kuleana lands without certain permits, which allows native Hawaiians to continue the native Hawaiian traditional way of farming with less hurdles.
As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3018 and recommend that it pass Second Reading and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committees on Hawaiian Affairs and Water and Land,
|
________________________________ KAIALI'I KAHELE, Chair |
|
________________________________ MAILE S.L. SHIMABUKURO, Chair |
|
|
|
|