Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 6, 1 June 2010 — Rep. Carroll pushes HB 1015 through for Native Hawaiians [ARTICLE+ILLUSTRATION]

Rep. Carroll pushes HB 1015 through for Native Hawaiians

By Ka Wai Ola staff

The state Department of Hawaiian Home Lands would have more flexibility in fulfilling its mission of getting Hawaiians on the land, under a bill spearheaded by state Rep. Mele Carroll in the final days of the Legislature. HB.1015.HD1.SD2.CD1 wasunanimously approved by

the state Legislature and sent to Gov. Linda Lingle for approval on May 3, 2010. Under the bill, DHHL would temporarily be able to begin construction projects without having the

full capital costs on hand and grant onetime 20-year extensions to commercial and multipurpose leases on the condition that lessees make improvements to the property. "The State of Hawai'i has a fiduciary responsibility to the Department of Hawaiian Home Lands under the state Constitution," said Rep. Mele Carroll, chairwoman of the Legislative Hawaiian Caucus and the House Hawaiian Affairs Committee. "Unfortunately, this responsibility has not always been met, and Native Hawaiians have suffered as a result. This bill enables us to improve the ways in whieh we fulfill that obligation by helping DHHL to set up the infrastructure necessary to plaee more Native Hawaiians on the land." Lauding the passage of the bill, Bobby Hall, executive assistant to DHHL Director Kaulana Park, said, "Now we ean move progressively to get our beneficiaries on the land." Hall thanked Carroll "for her leadership and efforts in achieving results for Native Hawaiians. We are very grateful for the opportunity to provide our people what has been a long time coming," he said. The bill's temporary provision - allowing DHHL to use the trust as credit when it doesn't have the full amount of funds on hand - would sunset on June 30, 2012. The one-time lease exten-

sions would apply to standard 65-year commercial leases. That provision aims to help provide a long-term revenue stream for DHHL. The bill would also require 15 percent of the revenues from extended leases go to the Native Hawaiian Rehabilitation Fund for grant, scholarships and other community programs for beneficiaries. In addition, to address concerns by the state Attorney General that the bill would make the state liahle for any expenditures made by DHHL, the conference committee added language that would ban lawsuits above a certain amount. "This bill prohibits the filing of suits seeking damages from DHHL and all other state agencies and officials regarding expenditures that exceed the amount standing to the credit of DHHL," said Carroll, who was a chairwoman of the conference committee. "This measure also requires transparency on all Ananeial transactions it permits," added Carroll (D-East Maui, Lāna'i, Moloka'i, Kaho'olawe). "The Hawaiian Homes Commission is required to provide beneficiary consultation and adopt rules for evaluating and making final determination on a request for a lease extension according to rule making Chapter 91. The Department of Hawaiian Home Lands is required to submit a report every year to the Legislature and the United States Department of Interior on all leases of available lands for commercial and multipurpose projects as well as all revenues generated by extended eommercial leases that is deposited into the Native Hawaiian Rehabilitation Fund as well as the expenditures from this fund. That includes the amount expended, the recipient of the moneys expended and the purpose of the expenditure." State Rep. Sharon Har, Vice Chair of House Water, Land and Natural Resources Committee, said: "House Bill 1015 is long overdue and will provide DHHL with independence, self-reliance and sustainability, whieh is what the department deserves." Har thanked Carroll and other lawmakers for standing "tenaciously on this bill for the betterment of our Hawaiian eommunity." ■

Mele Carroll