Senate_Hawaiian_Affairs_2021_Accomplishments_2022_Goals

The State Senate STATE CAPITOL

HONOLU LU, HAWAII 96813

2022 GOALS AND 2021 LEGISLATIVE ACCOMPLISHMENTS OF THE SENATE HAWAIIAN AFFAIRS COMMITTEE Senator Maile Shimabukuro, Chair The purview of this committee includes those programs relating to Hawaiian affairs, including but not limited to the Office of Hawaiian Affairs, Hawaiian home lands, sovereignty, and burial councils.

Future Goals DHHL Waitlist: Subject to HHC and beneficiary approval, provide downpayment assistance and/or offer lots located on fee simple private lands to waitlisters. This will increase DHHL’s limited land inventory, and expand offerings beyond existing homesteads, to waitlisters.

DHHL Revenue Generation: Subject to HHC and beneficiary approval, explore potential revenue generation for DHHL, such as medical marijuana dispensaries.

DHHL Independent Counsel: Allow DHHL to retain independent legal counsel, rather than utilize the Attorney General, in order to avoid potential conflicts of interest.

OHA Elections: Increases public funding for OHA candidates, to up to 15% of the expenditure limit for each election. Measure is budget-neutral according to the Campaign Spending Commission.

Hawaiian Burials: Codifies and permits the use of Hawaiian burial practices.

Lā Ho‘iho‘i Ea: Concurrent Resolution urging the State to recognize July 31st as the Day of Independence commemorating when sovereignty was restored to King Kauikeaouli Kamehameha III and the Kingdom of Hawai’i by the British Admiral Richard Thomas after five months of unauthorized military occupation in 1843.

Senator Maile S.L. Shimabukuro, Chair Hawaii State Senate Committee on Hawaiian Affairs

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Bills Passed in 2021 (A) DEPARTMENT OF HAWAIIAN HOME LANDS HB200 Budget: - $78m for lot & housing development (highest allocation in DHHL history); and - $900,000 staffing.

- DHHL is planning to build approximately 400 homes on the Waianae Coast for DHHL beneficiaries over the next 5 years. Specifically, around 80 units from the former Ulu Ke Kukui project are expected to be completed in 2022, and 300-400 homes at the Voice of America site in Mā‘ili are anticipated to be constructed over the next 5 years.

Virtual Participation in Contested Case Hearings (SB873) Increases accessibility to DHHL and other agency proceedings by allowing virtual participation. Particularly impacts beneficiaries on neighbor islands and in rural areas.

Special Purpose Revenue Bonds; Pueo Development, LLC. (HB776) Authorizes the issuance of special purpose revenue bonds in a total amount not to exceed $80,000,000 to assist Pueo Development, LLC, in support of a public-private partnership with Waiohuli Hawaiian Homesteaders Association, Inc., for the design, building, and operation of a master planned development, including low- and moderate-income housing; rental housing units; elderly care units; and alternative energy systems, agriculture, and infrastructure development, on approximately 150 acres of Department of Hawaiian Home Lands land in Waiohuli, Maui.

(B) OFFICE OF HAWAIIAN AFFAIRS Office of Hawaiian Affairs; Budget Program Appropriations; Operating Costs. (HB204) Appropriates funds for the 2021-2023 fiscal biennium to the Office of Hawaiian Affairs (OHA) for the Office of the Trustees (OHA 150), OHA Administration (OHA 160), and Beneficiary Advocacy (OHA 175), including: $500,000 in general funds and $500,000 in trust funds for occupancy ready housing needs for OHA beneficiaries; $415,000 in general funds and $415,000 in trust funds for social services to at-risk OHA beneficiaries to immediately address unexpected crises; $615,000 in general funds and $615,000 in trust funds for educational improvement programs for native Hawaiian students; $524,000 in general funds and $524,000 in trust funds for legal services and legal representation to OHA beneficiaries for assertion and defense of quiet title actions, assistance with ahupua‘a and kuleana tenant rights, land title assistance, preservation of traditional and customary practices, protection of culturally significant places, and preservation of Native Hawaiian land title entitlements; and

Senator Maile S.L. Shimabukuro, Chair Hawaii State Senate Committee on Hawaiian Affairs

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$200,000 in general funds to conduct or contract for a follow-up contract and disbursement review of the CLA - OHA & LLCs Contract and Disbursement Review Report, dated December 4, 2019; Repeals conditions upon the use of trust funds appropriated for fiscal year 2019-2020 to OHA

by Act 37, Session Laws of Hawaii 2019 (Act 37), Makes the release of the general funds appropriated for fiscal year 2021-2021 in part Il of Act 37 contingent upon receipt by the Legislature of the CLA - OHA & LLCs Contract and Disbursement Review - Report, dated December 4, 2019, in lieu of the financial and management audit report. Extends the lapse date of the appropriations for fiscal year 2020-2021 pursuant to part Il of Act 37 to June 30, 2022 Requires OHA to submit a report to the Legislature of all transfers of funds and positions between programs for the previous 12 month period between December 1 to November 30 prior to the Regular Sessions of 2022 and 2023.

(C) HONOKEA SURF VILLAGE Special Purpose Revenue Bonds; Honokea Surf Village. (SB1412) Authorizes the issuance of special purpose revenue bonds in a total amount not to exceed $95,000,000 to assist HK Management LLC, in planning, designing, constructing, reconstructing, renovating, acquiring, equipping, and improving a surf industry center that includes research, development, manufacturing, and testing facilities, together with a surf and aquatic film studio on state lands to be leased from the Hawaii Community Development Authority in Kalaeloa, Oahu.

(D) NATIVE HAWAIIAN TRADITIONAL AND CUSTOMARY RIGHTS Mauna Kea: $900,000 to remove Hoku Kea Telescope Observatory (HB200) Department of Land and Natural Resources; Office of Hawaiian Affairs; Council, Board, and Commission Members; Training in Native Hawaiian Rights. (SB1409; vetoed) Beginning April 1, 2022, prohibits newly appointed or reappointed council, board, and commission members from serving if the member has not completed the required Native Hawaiian rights training course either in person or by viewing a recording within twelve months of their appointment.

Requires the Office of Hawaiian Affairs (OHA) and Department of Land and Natural Resources (DLNR) to compile and make available for public inspection an annual report of all council, board, and commission members who have failed to meet the training course requirement as of September 1 of each year. Requires OHA and DLNR to submit the list to the Governor and Legislature prior to each Regular Session.

Senator Maile S.L. Shimabukuro, Chair Hawaii State Senate Committee on Hawaiian Affairs

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(E) HAWAIIAN CULTURE Iolani Palace: $200,000 for improvements (HB200) Temporary Commission on the Thirteenth Festival of Pacific Arts and Culture. (SB696) Extends the date on which the Temporary Commission on the Thirteenth Festival Of Pacific Arts and Culture (FestPAC) shall cease to exist to August 31, 2025. Permits less than a quorum of commission members to discuss matters relating to official board business outside a commission meeting as a permitted interaction to enable them to perform their duties faithfully, provided that the commission holds a properly noticed meeting at least once a month and discusses the progress of any matter discussed during a permitted interaction at the next monthly meeting.

Resolutions Adopted Board of Land and Natural Resources; Waioli Valley Taro Hui; Long-Term Water Lease. (SR 11) Encourages the Board of Land and Natural Resources to enter into a long-term water lease with the Waioli Valley Taro Hui for the Hui's existing use of water from Waioli Stream via direct negotiation, upon its completion of the environmental impact statement process,

Centennial Celebration; Hawaiian Homes Commission Act; Prince Jonah Kuhio Kalanianaole. (SR150) Recognizes the centennial celebration of the Hawaiian Homes Commission Act of 1920, as amended, Urges all executive departments to review their policies related to the beneficiaries of the Hawaiian Homes Commission Act of 1920, as amended, Urges all executive departments to prioritize the goal of housing beneficiaries under the Hawaiian Homes Commission Act of 1920, as amended.

Department of Hawaiian Home Lands; Beneficiaries; Housing Data Analysis. (SR36) Requests the Department of Hawaiian Home Lands (DHHL) to conduct an analysis and provide data on the number of Department of Hawaiian Home Lands beneficiaries who have applied for and need housing in each county, categorized by income classification and preferred unit, including the number of DHHL beneficiaries who were not represented in previous collections of data because they could not be contacted or never applied for a housing lease. Requests DHHL to report the data for 2021-2025 to the Legislature prior to the Regular Session of 2022.

Department of Hawaiian Home Lands; Department of Land and Natural Resources; Working Group; Act 14, Special Session Laws of Hawaii 1995. (HCR76) Requests the Department of Hawaiian Home Lands and Department of Land and Natural Resources to convene a working group to assess the status of Act 14, Special Session Laws of Hawaii, 1995, which reaffirmed the State's intent to resolve controversies related to the Hawaiian Homes Land Trust that arose through July l, 1988, prohibited any and all future claims against the State, and provided a substantial, secure, and predictable funding source for the Department of Hawaiian Home Lands. Requests the working group to identify: Senator Maile S.L. Shimabukuro, Chair Hawaii State Senate Committee on Hawaiian Affairs

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The requirements of Act 14; The requirements that have been fulfilled;

Outstanding issues related to act 14; The steps necessary to finalize outstanding claims related to Act 1 4;

Claims pursuant to chapter 673, Hawaii Revised Statues, which arose after July l, 1 988; and The annual revenues and expenditures from the Hawaiian Home Lands Trust Fund, Requests the working group report to the Legislature prior to the Regular Session of 2022 and be dissolved on June 30, 2022.

Department of Land and Natural Resources; Traditional Hawaiian Farming; Conservation Lands. (SCR55) Urges the Department of Land and Natural Resources to adopt administrative rules to streamline the process for allowing traditional Hawaiian farming systems on conservation lands.

Hawaii State Commission on the Status of Women; Missing; Murdered; Native Hawaiian Women and Girls; Task Force. (HCR11) Requests the Hawaii State Commission on the Status of Women to convene a task force to conduct a study regarding missing and murdered Native Hawaiian women and girls.

Requests the task force to submit a preliminary and final report to the Legislature prior to the Regular Sessions of 2023 and 2024, respectively, Hawaiian Homes Commission; Lease Revenue; Homeland Lot Development. (SR41) Urges the Department of Hawaiian Home Lands to utilize 100 percent of lease revenue from its commercial property inventory to homeland lot development.

Hawaiian Homes Commission Act; Act 80, Session Laws of Hawaii 2017; Congressional Consent. (SCR165) Requests the United States Congress to consent to the enactment of Act 80, Session Laws of Hawaii 2017, which seeks to amend the Hawaiian Homes Commission Act of 1920, as amended, to provide that upon the death of a lessee, the lessee's interest may vest in the lessee's spouse, child, grandchild, brother, or sister if the potential successor has at least one thirty-second native Hawaiian blood quantum.

Island Burial Councils; State Historic Preservation Division; Burial Sites Working Group.

(SR171) Requests the Office of Hawaiian Affairs to form the Burial Sites Working Group to study and analyze allegations of mismanagement by the Department of Land and Natural Resources' State Historic Preservation Division. Requests the Burial Sites Working Group report to the Legislature on a recommended course of action to correct and address the allegations prior to the Regular Session of 2022.

Senator Maile S.L. Shimabukuro, Chair Hawaii State Senate Committee on Hawaiian Affairs

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Kau Water System; Progress Report. (SCR30) Requests the Department of Hawaiian Home Lands and the County of Hawaii Department of Water Supply to submit a progress report regarding the development of the Kau water system to the Legislature by June 30, 2021.

Pu`uhonua. (SCR25/SR14) Requests the Department of Public Safety to allow faith pods based on kapu aloha to be established within each correctional center Kuleana Property Tax Relief; Continuous Ownership. (SR39) Urges the counties to expand property tax protections to include all lands purchased by Hawaiian Kingdom subjects under the Kuleana Act and whose titleholders can trace lineal ownership of such lands to the Kuleana Act. Recognizes and appreciates the relationships that native Hawaiians maintain with the aina and unique value this relationship contributes to Hawaii's identity, Supports the continual retention of lands by lineal descendants of Hawaiian Kingdom subjects who claimed land under the Kuleana Act to protect the special relationship between kanaka and the land.

Maintenance; Pathway; South Point Access Road; Department of Hawaiian Home Lands.

(SR191) Requests the Department of Hawaiian Home Lands (DHHC) to propose legislation to the Legislature for the maintenance of the unpaved corridor between the end of the South Point Access Road and the boat ramp at Kaulana Bay and Mahana Bay to the Southernmost Point in the United States. Requests DHHL to provide recommendations focusing on the protection of natural and cultural resources along the south coast, increased public health and safety measures through the provision of a defined access road along the coast, and improvement of the access road for emergency service vehicles. Requests DHHL to report to the Legislature prior to the Regular Session of 2022.

Native Hawaiian Art; Cultural Items; Iwi Kupuna; Repatriation. (HCR189) Urges the international and domestic repatriation of Native Hawaiian art, cultural items, and iwi kupuna.

Recognizes the work of the United Nations Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Cases of Illicit Appropriation. Urges the United Nations Educational, Scientific, and Cultural Organization and its member states to protect Native Hawaiian artifacts. Urges the federal government to consult with Native Hawaiian organizations and communities in repatriating Native Hawaiian art, cultural items, and burial remains. Urges the federal government to determine the scope of illegal trafficking of Native Hawaiian items domestically and internationally and develop methods and explicit regulations to prevent its proliferation. Urges relevant State officials to continue cooperation with domestic and international entities to encourage, conduct, and facilitate repatriation efforts of Native Hawaiian art, cultural items, and iwi kupuna.

Senator Maile S.L. Shimabukuro, Chair Hawaii State Senate Committee on Hawaiian Affairs

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