Ka Wai Ola - Office of Hawaiian Affairs, Volume 7, Number 3, 1 Malaki 1990 — Native Hawaiian Legal Corporation [ARTICLE]

Native Hawaiian Legal Corporation

Lawmakers to consider Hawaiian Home Lands bills

Bv Alan Murakami NHLC staff attorney State legislators managed to introduce more than 30 bills affecting the Hawaiian home land program in this session before the Jan. 26 bill cut-off deadline. This large number of bills probably resulted from the attention drawn to this subject by Sen. Daniel Inouye's federal oversight hearings on the Hawaiian Homes Commission Act in August. 1989. Some of the more noteworthy bills included the following: Water. Several bills eall for more water to be reserved to support homesteading. House Bill 2487 and Senate Bill 2701 is an administration-sponsor-ed bill and adds "agricultural operations" to the list of purposes for whieh "government-owned water" is reserved to support homesteading in Section 221 (e) of the Hawaiian Homes Commission Act (HHCA). House Bill 3094 takes an alternative approach. It expands the reservation of water (needed to irrigate any tract of trust land) to include all government-owned water, rather than just the government-owned surplus water tributary to the Waimea River on Kauai. The Waimea River water is all that is now reserved under Section 221 (d) of the HHCA. It also required the Department of Hawaiian Home Lands (DHHL) to consult with homesteaders who may be affected by any water allocation decision. In addition, Senate Bill 2394 calls for funds to study the serious water shortage problems at Puukapu, island of Hawaii, and Puu Opae, Kekaha, Kauai, and asks for recommendations to resolve these difficulties. SB 2393 would amend the state water code to specifically require the Commission on Water Resource Management to reserve sufficient water necessary to support homestead activities on Hawaiian Home lands. Finally, HB 2225 would appropriate funds to extend the Keokea water transmission line to support the providing water to homesteads at Keokea/Kula, Maui. Real Property Tax Exemption. HB 2434 and SB 2485 wou!d exempt all homesteadersfrom real prop>erty taxes. HB2461 and SB 2492 would accomplish the same result for "individual homeowners"only. HB 3032 would transfer liability for property taxes assessed against state general leaseholders and Hawaiian Homesteaders to the state. SB 2396 would continue to exempt a lessee from taxation so long as he or she cannot reside there because of its unimproved condition. SB 3200 would exempt any homesteader from property taxes until all necessary infrastructure "and improvements, including roads, water and utilities are fully installed in accordance with eounty requirements. Purpose Clause. SB 3236 would amend the HHCA to insert a purpose-clause to establish that the act is intended to provide for the selfdetermination, self-sufficiency, initiative and preservation of the native Hawaiian culture by enabiing them to return to their lands. Infrastructural Improvements. SB 2484 would appropriate capital improvement (CIP) funds for new infrastructure and to improve old infrastructure on Hawaiian home lands. Eeonomie Development. SB2527 establishes an eeonomie development research corporation within the DHHL to provide housing and facility development services to assist homesteaders to obtain maximum utilization of their homestead tract. The corporation may 1) study use of trust land by any government agency; 2) investigate use of innovative materials and techniquesfor building

affordable housing; and 3) counsel lessees on availability of financial assistance for housing development. Trust Fund. SB 3442 establishes a Hawaiian Homes public land trust fund to be used for mortgages, housing, and home improvements for lessees. The money cannot be used for administration. Requires that$100million of fundsderived from the ceded land trust be expended by the HHC for benefit of lessees. Housing. SB 2590 and SB 3001 would authorize DHHL to build suitable housing for needy elderly Hawaiians in conjunction with HHA. Extension of 99-year Leases. HB 2485 and SB 2699 would allow the DHHL to extend the term of a homestead lease to allow the lessee to qualify for certain loans. Obtaining Better Lands for DHHL. SB 2395 would require DHHL. with assistance from the UH Department of Tropical Agriculture, to identify all public lands suitable and currently available for homesteading. It would also require DHHL to identify lands not suitable or available for homesteading. It would then require DHHL to report to the legislature and propose a plan to exchange unsuitable Hawaiian home lands for suitable public lands. Kalawahine Lands. HB 2984 would return lands at Kalawahine, near Papakolea to DHHL. Funding of DHHL. HB 3106 would amend Section 220 of the HHCA to specify that the legislature shall provide sufficient general funds to the DHHL to operate its programs and projects. It also requires the HHC to assure that sufficient water is reserved for current and unforeseeable use by native Hawaiian homesteaders to irrigate homesteads. Authority to Contract for Services. HB 3107 would authorize the DHHL to contract with eligible native Hawaiian organizations and individuals to provide essential services to homestead lessees. By contracting for services, beneficiaries of the HHCA would be able to provide benefits to themselves, rather than exclusively rely on DHHL staff. Minimum Homestead Lot Size. HB 3108 would restore the minimum acreage previously set for agricultural (1), irrigated pastoral (40), first class pastoral (100), second class pastoral (250 lots. It also would create a new category of homestead lots for industrial and commercial purposes and set a maximum of 50 acres for these homesteads. SB 2012 and SB 3208 are similar bills. Elected HHC. SB 2732 would establish procedures for electing the commissioners on the Hawaiian Homes Commission. Members would be clected from eaeh island, including Lanai. Restriction on General Leases. HB 3304, SB 2715, and SB 3207 would give first priority to native Hawaiians in the leasing of trust lands, by prohibiting DHHL from general leasing unless it has first offered homestead leases to any eligible native Hawaiian on the appropriate waiting list for the area. SB 2013 is a bill carried over from the 1989 session whieh would prohibit DHHL from transferring any trust lands to the DLNR or withholding available lands when there are waiting lists for such land. It would also require DHHL to return lands not leased to native Hawaiians to the DLNR. Formalizing Application Procedure. HB 3305 would require the DHHL to promulgate rules specifying the process for acting on application tor homestead lots. It would require DHHL to notify applicants of: 1) the time and date of receipt of completed applications, 2) the plaee the applicant occupies on the appropriate waiting list, and 3) the time frame in whieh the DHHL will foreseeably make awards of those lands. The bill would also require DHHL to determine whether any disposi-

tion of land to non-beneficiaries would primarily or directly benefit native Hawaiians. Capital Improvements. SB 2778 would appropriate funds for expanding the Paukukalo Community Center. SB 3252 would appropriate funds for facilities to support Hale Ola Ho'opakolea, ine. For more information on these bills, deadlines, and any hearings scheduled, people may contact State Sen. Mike Crozier (548-4274) or State Rep. David Ige (548-4274). The deadline for a committee to pass a bill on to a second committee in the same house was Feb. 16, 1990. That second committee, usually a money committee like House Finance or Senate Ways and Means or the respective Judiciary committee in the House or Senate, then has until March 2 to deck a bill for third reading. People who would like to become more involved are urged tocontactthe Office of Hawaiian Affairs at 946-2642.