STAND. COM. REP. NO. 1478
RE: H.C.R. No. 183
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Fifth State Legislature
Regular Session of 2009
State of Hawaii
Your Committee on Hawaiian Affairs, to which was referred H.C.R. No. 183 entitled:
"HOUSE CONCURRENT RESOLUTION REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES TO REFRAIN FROM SELLING, EXCHANGING, OR OTHERWISE ALIENATING LANDS IN THE PUBLIC LAND TRUST,"
begs leave to report as follows:
The purpose of this concurrent resolution is to preserve the corpus of the public lands trust to allow a fair and just settlement of native Hawaiian claims to the ceded lands, by requesting the Board of Land and Natural Resources to refrain from selling, exchanging, or otherwise alienating land in the public land trust until those claims are resolved.
Several concerned individuals supported this measure. Hawaiian Political Action Council of Hawaii supported this measure with amendments. The Office of Hawaiian Affairs (OHA) supported the intent of this measure. The Department of the Attorney General, Department of Land and Natural Resources, and several concerned individuals commented on this measure.
Your Committee has amended this concurrent resolution by:
(1) As requested by OHA, removing references to the alienation of lands to ensure that transfers between government agencies do not fall under this measure;
(2) Adding a reference to Act 359, Session Laws of Hawaii 1993, in which the Hawaii Legislature recognized that the overthrow was illegal and Hawaii was annexed to the United States without the consent of or compensation to the indigenous people of Hawaii or their sovereign government;
(3) Expanding the reference to lands in the public land trust to include crown lands, government lands, lands identified in section 5 of the Admission Act, and lands held by the Hawaiian Kingdom as of 1893;
(4) Amending the title to read: "HOUSE CONCURRENT RESOLUTION REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES TO REFRAIN FROM SELLING OR EXCHANGING LANDS IN THE PUBLIC LAND TRUST"; and
(5) Making technical, nonsubstantive amendments for consistency, clarity, and style.
As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 183, as amended herein, and recommends that it be referred to the Committees on Water, Land, & Ocean Resources and Judiciary in the form attached hereto as H.C.R. No. 183, H.D. 1.
Respectfully submitted on behalf of the members of the Committee on Hawaiian Affairs,
MELE CARROLL, Chair