STAND. COM. REP. NO.  126

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 706

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Tourism & Culture, to which was referred H.B. No. 706 entitled:

"A BILL FOR AN ACT RELATING TO LAND USE,"

begs leave to report as follows:

     The purpose of this bill is to promote and preserve native Hawaiian culture and practices by, among other things:

     (1)  Specifying a definition for, and a process of                  establishing, culturally valuable districts; and

     (2)  Establishing, for each culturally valuable district,               a culturally valuable district community advisory             council that is required to, among other things:

          (A)  Prepare a list of culturally and historically valuable sites or features within the culturally valuable district; and

          (B)  Review and make recommendations on all land use reclassification petitions, all applications for community or development plan amendments, all applications for zoning changes, and all applications for special management area permits for the culturally valuable district.

     The Department of Land and Natural Resources supported the intent of this measure.  The Land Use Research Foundation of Hawaii opposed this bill.

     Although your Committee supports the intent of this measure, public testimony has indicated that there already exist certain land-use mechanisms and criteria in place that are intended to protect and preserve native Hawaiian cultural practices and resources.  Your Committee believes that further discussion on this matter is warranted.

     Your Committee has amended this measure by:

     (1)  Deleting the provisions establishing culturally valuable district community advisory councils for each culturally valuable district;

     (2)  Changing its effective date to July 1, 2025, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for style, clarity, and consistency.

     As affirmed by the record of votes of the members of your Committee on Tourism & Culture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 706, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 706, H.D. 1, and be referred to the Committee on Water, Land, Ocean Resources & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Tourism & Culture,

____________________________

RYAN I. YAMANE, Chair