Bill Text: HI SCR165 | 2011 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 165 (Prior Session Legislation)

Introduced

Bill Title: Kahoolawe Island Reserve; Trust Fund Audit; Working Group

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2011-03-21 - (S) Referred to WLH, WAM. [SCR165 Detail]

Download: Hawaii-2011-SCR165-Introduced.html

THE SENATE	S.C.R. NO.	165
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING A FISCAL AND COMPLIANCE AUDIT OF THE KAHO�OLAWE Rehabilitation TRUST FUND AND THE ESTABLISHMENT OF A WORKING GROUP TO STUDY AND EVALUATE CERTAIN ISSUES CONCERNING THE KAHO�OLAWE ISLAND RESERVE.

WHEREAS, in Act 340, Session Laws of Hawaii 1993, the Legislature placed the Island of Kaho�olawe, a place of extraordinary cultural significance, under the control of the Kaho�olawe Island Reserve Commission, with the condition that the State would eventually transfer management and control of the island of Kaho�olawe, along with its resources and waters, to a future sovereign native Hawaiian entity upon its recognition by the United States and the State; and

WHEREAS, the Kaho�olawe Island Reserve Commission currently establishes policies for and controls uses of the Kaho�olawe Island Reserve; coordinates the environmental restoration of the Kaho�olawe Island Reserve; and provides for the perpetuation of native Hawaiian customs, beliefs, and practices; and

WHEREAS, section 6K-9.5, Hawaii Revised Statutes, establishes the Kaho�olawe Rehabilitation Trust Fund and authorizes the Kaho�olawe Island Reserve Commission to use monies in the Trust Fund to carry out the purposes of chapter 6K, Hawaii Revised Statutes, including the hiring of employees, specialists, and consultants necessary to complete Commission projects; and

WHEREAS, pursuant to section 6K-9.5, Hawaii Revised Statutes, the Kaho�olawe Rehabilitation Trust Fund is administered by the Department of Land and Natural Resources with the prior approval of the Kaho�olawe Island Reserve Commission; and

WHEREAS, the Legislature finds that an audit of the Kaho�olawe Rehabilitation Trust Fund will be useful to determine whether the use of the funds is in compliance with state laws and any applicable grant agreements and to assess whether the funds are being appropriately used to effectuate the purposes of chapter 6K, Hawaii Revised Statutes, including the duties and responsibilities of the Kaho�olawe Island Reserve Commission; and

WHEREAS, section 6K-6, Hawaii Revised Statutes, relating to the responsibilities of the Kaho�olawe Island Reserve Commission, requires the Commission to establish criteria, policies, and controls for permissible uses within the Island of Kaho�olawe and the submerged lands and waters extending seaward two miles from its shoreline; and

WHEREAS, section 6K-5, Hawaii Revised Statutes, provides for the composition of the Kaho�olawe Island Reserve Commission; and

WHEREAS, the composition of the Kaho�olawe Island Reserve Commission affects the criteria, policies, and controls for permissible uses within the Kaho�olawe Island Reserve, which may affect the uses of the Kaho�olawe Island Reserve as provided in section 6K-3, Hawaii Revised Statutes; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the House of Representatives concurring, that the Auditor is requested to conduct a fiscal and compliance audit of the Kaho�olawe Rehabilitation Trust Fund; and

BE IT FURTHER RESOLVED that the Auditor is requested to submit findings and recommendations, including any proposed legislation, to the Legislature and the Governor no later than twenty days prior to the convening of the Regular Session of 2012; and

BE IT FURTHER RESOLVED that the Chairperson of the Board of Land and Natural Resources is requested to convene a working group comprised of the following members:

(1) One member of the Protect Kaho�olawe Ohana;

(2) One member of the �Aha Kiole Advisory Committee;

(3) One trustee or representative of the Office of Hawaiian Affairs;

(4) One Maui County official to be chosen by the Mayor of the County of Maui;

(5) The Chairperson of the Board of Land and Natural Resources; and

(6) One member of the Senate Committee on Hawaiian Affairs; and

BE IT FURTHER RESOLVED that the working group is requested to study and evaluate the following issues:

(1) The most appropriate and effective composition of members of the Kaho�olawe Island Reserve Commission; and

(2) Whether Molokini Island and the submerged lands and waters extending two miles from its shoreline should be incorporated into the Kaho�olawe Island Reserve; and

BE IT FURTHER RESOLVED that the working group is requested to report its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2012; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; Auditor; Mayor of the County of Maui; Chairperson of the Board of Land and Natural Resources; Chairperson of the Board of Trustees of the Office of Hawaiian Affairs; Chairperson of the Senate Committee on Hawaiian Affairs; Chairperson of the Kaho�olawe Island Reserve Commission; Protect Kaho�olawe Ohana; and �Aha Kiole Advisory Committee.