Bill Text: HI SCR51 | 2013 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 51 (Prior Session Legislation)

Introduced

Bill Title: Ceded Lands; Repeal of Public Law 105-66

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-04-01 - Report adopted, as amended (SD 1) and referred to WAM. [SCR51 Detail]

Download: Hawaii-2013-SCR51-Introduced.html

THE SENATE	S.C.R. NO.	51
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING THE UNITED STATES CONGRESS TO REPEAL SECTION 340 OF PUBLIC LAW No. 105-66 PROHIBITING THE TRANSFER OF AIRPORT REVENUE TO THE OFFICE OF HAWAIIAN AFFAIRS and to affirmatively authorize the hawaii state department of transportation to transfer a portion of the airport revenues to the office of hawaiian affairs.

WHEREAS, section 10-13.5, Hawaii Revised Statutes, provides that twenty percent of all funds derived from the public land trust, which includes "all proceeds and income from the sale, lease, or other disposition of lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation . . . or acquired in exchange for lands so ceded, and conveyed to the State of Hawaii . . ." (section 103, Hawaii Revised Statutes), shall be expended by the Office of Hawaiian Affairs for the betterment of conditions of Native Hawaiians; and

WHEREAS, Honolulu International Airport sits on ceded lands from which the lease revenue is due and owing to the Office of Hawaiian Affairs as ceded lands revenue; and

WHEREAS, Public Law No. 105-66, Department of Transportation and Related Agencies Appropriations Act, 1998, Sec. 340 (49 United States Code 47107), declares that monies paid for claims related to ceded lands and diverted from airport revenues and received prior to April 1, 1996, by only entity for the betterment of Native Americans, Native Hawaiians, or Alaskan Natives shall not be subject to repayment, and prohibits further payment of such claims from airport revenues; and

WHEREAS, Public Law No. 105-66 further provides that there shall be no further payment of airport revenues for claims related to ceded lands, whether characterized as operating expenses, rent, or otherwise, and whether related to claims for periods of time prior to or after the date of enactment of that law; and

WHEREAS, Public Law No. 105-66 supercedes state law, resulting in a prohibition on the transfer of airport ceded lands revenues to the Office of Hawaiian Affairs; and

WHEREAS, the Hawaii Supreme Court in the case of Office of Hawaiian Affairs v. State of Hawaii, 110 Hawaii 338 (2006), an action brought by the Office of Hawaiian Affairs against the State alleging breach of settlement and breach of trust and seeking a share of revenues that the State collected from ceded lands, including the airport, ruled on a procedural matter rather than reaching the substance of the complaint; and

WHEREAS, the Hawaii Supreme Court in its decision in Office of Hawaiian Affairs v. State of Hawaii concluded, however, that ""we would do a disservice to all parties involved if we did not acknowledge" the State's continuing trust obligation to native Hawaiians. (citation omitted) We have repeatedly stated that the legislative branch is vested with the authority to determine how the State satisfies its constitutional trust obligations" (at page 33); and

WHEREAS, in addition to requesting that the United States Congress repeal section 340 of Public Law No. 105-66, as described herein, the United States Congress should also be requested to approve a transfer of airport revenues to the Office of Hawaiian Affairs since repeal of section 340 is insufficient by itself to accomplish the transfer; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that the United States Congress is requested to repeal section 340 of Public Law No. 105-66 prohibiting the transfer of airport revenue to the Office of Hawaiian Affairs and to affirmatively authorize the Hawaii State Department of Transportation to transfer a portion of the airport revenues to the Office of Hawaiian Affairs; and

BE IT FURTHER RESOLVED that Hawaii's Congressional delegation is respectfully requested to introduce legislation and support legislation to repeal section 340 of Public Law No. 105-66 prohibiting the transfer of airport revenue to the Office of Hawaiian Affairs and to affirmatively authorize the Hawaii State Department of Transportation to transfer a portion of the airport revenues to the Office of Hawaiian Affairs; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, President Pro Tempore of the United States Senate, Speaker of the United States House of Representatives, each member of Hawaii's Congressional delegation, and Director of Transportation.