REPORT TITLE:
Ceded Land Revenues


DESCRIPTION:
Requires the auditor to coordinate the resolution of public land
trust issues.  Requires the joint committee and auditor to submit
a report to the legislature prior to the 2000 regular session.
(CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1635
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC LAND TRUST.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  (a)  The auditor shall coordinate the resolution
 
 2 of the issues and controversies surrounding the public land trust
 
 3 by:
 
 4      (1)  Facilitating the identification of those lands within
 
 5           the public land trust and their assets and natural
 
 6           resources, including mineral rights, water rights,
 
 7           submerged lands, and air space; and
 
 8      (2)  With the cooperation of the department of land and
 
 9           natural resources, the office of Hawaiian affairs, and
 
10           any other state agency and department that uses or
 
11           manages those lands within the public land trust,
 
12           completing a comprehensive inventory and mapping
 
13           database of all lands within the public land trust and
 
14           currently subject to section 5(f) of the Admission Act.
 
15           The inventory shall include:
 
16           (A)  Identification of fast land parcels by tax map key
 
17                number;
 
18           (B)  Identification of submerged lands;
 
19           (C)  Identification of all natural resources and other
 

 
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 1                appurtenances to the public land trust and to
 
 2                lands subject to section 5(f) of the Admission
 
 3                Act;
 
 4           (D)  Identification of the agency that has legal
 
 5                jurisdiction of each parcel;
 
 6           (E)  Land use and zoning designations;
 
 7           (F)  Program uses (if any);
 
 8           (G)  Terms of any leases or other dispositions; and
 
 9           (H)  Revenues generated by amount, category, and
 
10                source.
 
11      (b)  The department of land and natural resources shall
 
12 comply with the auditor's request for any information and
 
13 services pertinent to the completion of the inventory.
 
14      (c)  In complying with the requirements of this section, the
 
15 auditor shall be exempt from the provisions of chapters 76, 77,
 
16 and 103D, Hawaii Revised Statutes.
 
17      (d)  The auditor shall submit:
 
18      (1)  A progress report to the legislature no later than
 
19           twenty days prior to the convening of the regular
 
20           session of 2000; and
 
21      (2)  A final report to the legislature by December 31, 2000,
 
22           containing the completed inventory.
 
23      SECTION 2.  There is appropriated out of the general
 

 
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 1 revenues of the State of Hawaii the sum of $500,000, or so much
 
 2 thereof as may be necessary for fiscal year 1999-2000 for the
 
 3 activities as identified in section 1 of this Act; provided that
 
 4 no funds shall be expended unless separately matched on a dollar-
 
 5 for-dollar basis by the office of Hawaiian affairs.
 
 6      The sum appropriated shall be expended by the office of the
 
 7 auditor for the purposes of this Act.
 
 8      SECTION 3.  Section 10-13.3, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "[[]10-13.3[]]  Interim revenue.  Notwithstanding the
 
11 definition of revenue contained in this chapter and the
 
12 provisions of section 10-13.5, and notwithstanding any claimed
 
13 invalidity of Act 304, Session Laws of Hawaii 1990, the income
 
14 and proceeds from the pro rata portion of the public land trust
 
15 under article XII, section 6 of the state constitution for
 
16 expenditure by the office of Hawaiian affairs for the betterment
 
17 of the conditions of native Hawaiians for each of fiscal year
 
18 1997-1998 and fiscal year 1998-1999 shall be $15,100,000.  For
 
19 fiscal year 1999-2000, the amount shall be $16,060,000; provided
 
20 that the sums appropriated to the office of Hawaiian affairs to
 
21 effectuate this section shall be credited toward any sum that may
 
22 be paid by the State as a settlement or a judgment for any claim
 
23 that may be made by the office of Hawaiian affairs against the
 

 
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 1 State for income and proceeds from the public land trust for
 
 2 these fiscal years."
 
 3      SECTION 4.  There is appropriated out of the general
 
 4 revenues of the State of Hawaii the sum of $16,060,000, or so
 
 5 much thereof as may be necessary for fiscal year 1999-2000 to be
 
 6 transferred to and expended by the office of Hawaiian affairs for
 
 7 the betterment of Hawaiians and native Hawaiians as mandated
 
 8 under chapter 10, Hawaii Revised Statutes.
 
 9      SECTION 5.  This Act shall take effect on July 1, 1999.