HOUSE OF REPRESENTATIVES

H.C.R. NO.

219

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

requesting the office of hawaiian affairs to conduct itself in an open and transparent manner by providing documentation of its actions regarding lands received pursuant to act 15, session laws of hawaii 2012, and urging the office of hawaiian affairs to conduct its actions with regard to the lands received in an open and transparent manner.

 

 

 


     WHEREAS, in 1978, the Constitution of the State of Hawaii was amended to include sections 5 and 6 of Article XII, which established the Office of Hawaiian Affairs and its Board of Trustees; and

 

     WHEREAS, the 1978 constitutional amendment also added section 4 to Article XII, which established that the lands granted to the State of Hawaii by Section 5(b) of the Admission Act and pursuant to section 7 of Article XVI of the State Constitution, excluding lands defined as "available lands" by Section 203 of the Hawaiian Homes Commission Act of 1920, are required to be held by the State as a public trust for native Hawaiians and the general public; and

 

     WHEREAS, Act 15, Session Laws of Hawaii 2012, effectively and responsibly fulfilled the State's constitutional obligation to give effect to the right of native Hawaiians to benefit from the ceded lands trust by conveying certain public lands located in Kakaako, Oahu, to the Office of Hawaiian Affairs, with respect to their share, income, and proceeds from the public land trust lands from November 7, 1978, to June 30, 2012; and

 

     WHEREAS, Act 15, Session Laws of Hawaii 2012, represented a joint recommendation as to the policy that the Legislature should adopt to satisfy the State's constitutional obligations to native Hawaiians under sections 4 and 6 of Article XII of the Hawaii State Constitution for the period between November 7, 1978, to June 30, 2012; and

     WHEREAS, Act 15, Session Laws of Hawaii 2012, conveyed to the Office of Hawaiian Affairs as grantee as of July 1, 2012, the following parcels of lands with the existing improvements thereon, but not including submerged land, accreted land, or any land makai of the shoreline:

 

     (1)  Lots 1, 2, 3, 4, 5, 6 (portion), and 9 of File Plan 2471 filed at the Bureau of Conveyances, State of Hawaii, on February 23, 2010;

 

     (2)  TMK (1) 2-1-15-61; and

 

     (3)  TMK (1) 2-1-15-51; and

 

     WHEREAS, the lands transferred to the Office of Hawaiian Affairs pursuant to Act 15, Session Laws of Hawaii 2012, expressly remain under the jurisdiction and authority of the Hawaii Community Development Authority with respect to zoning, land use conditions, and all other matters over which the Hawaii Community Development Authority has jurisdiction and authority to act; and

 

     WHEREAS, the Office of Hawaiian Affairs has expressed an interest in developing some of the lands it received pursuant to Act 15, Session Laws of Hawaii 2012; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the Senate concurring, that the Office of Hawaiian Affairs is requested to conduct itself in an open and transparent manner by providing documentation to the Legislature detailing how it has utilized the parcels of land conveyed to it pursuant to Act 15, Session Laws of Hawaii 2012; and

 

     BE IT FURTHER RESOLVED that the Office of Hawaiian Affairs is requested to provide documentation to the Legislature detailing the parties with whom it has worked with regard to its plans to develop the parcels of land conveyed to it pursuant to Act 15, Session Laws of Hawaii 2012; and

 

     BE IT FURTHER RESOLVED that the Office of Hawaiian Affairs is urged to conduct its actions with regard to the lands conveyed to it pursuant to Act 15, Session Laws of Hawaii 2012, in an open and transparent manner; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs and the Executive Director of the Hawaii Community Development Authority.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Office of Hawaiian Affairs; Kakaako Makai Lands; Disclosures