State Rep. Mele Carroll reintroduced a draft bill in conference committee yesterday that would impose a moratorium on the sale or transfer of ceded lands. - Photo: Lisa Asato

Ceded lands moratorium bill is back on the table

By Lisa Asato / Ka Wai Ola

A moratorium on the sale or transfer of ceded lands was resurrected at the state Legislature yesterday after state Rep. Mele Carroll made a second attempt in a month to revive the concept.

Her proposed draft would bar the state from selling or transferring ceded lands to third parties until one of the following occurs:

• Native Hawaiian claims to ceded lands have been resolved.
• A two-thirds majority of both the House and Senate passes a concurrent resolution saying the state no longer supports reconciliation between it and Native Hawaiians.
• Dec. 31, 2014.

When any of those conditions is triggered, the bill would require a two-thirds approval by the Legislature and compelling state interest to sell or transfer ceded lands.

Carroll, chairwoman of the House Hawaiian Affairs Committee and the Legislative Hawaiian Caucus, introduced in conference committee yesterday a conference draft in place of Senate bill 1677 SD1 HD2 which would allow sales or exchanges of ceded lands unless a majority of both houses disapproved. A ceded lands moratorium bill was the caucus' first priority this session.

"As you all know, (I've) always been supportive of a full moratorium," Carroll told a joint House and Senate committee yesterday as they met to iron out differences between their versions of SB 1677.

After she introduced the new bill, conference committee co-chair Sen. Clayton Hee asked, "You have the votes on the committee and on the floor to pass this bill as you propose?"

"Not sure," said Carroll, a conference committee co-chair. "But I wanted to have an opportunity to bring it to the conference because it is a discussion that we should have." That discussion may or may not bear fruit, she said, "but I still have to try."

"OK, we'll take a look," Hee said.

SB 1085 moved out of the Senate but died in the House when it was not given a hearing by the House Water, Land and Ocean Resources and Judiciary committees. The revived language is identical to the defunct SB 1085. State Rep. Ken Ito, chairman of the Water Committee, said yesterday he wanted to look at the bill before commenting on something that was still being negotiated by the conference committee, of which he is a member.

OHA and the Kupu‘äina Coalition have supported a full moratorium. Jocelyn Doane of Kupu‘äina Coalition said Carroll's move was positive but wondered whether there is support for it in the House. "I'm assuming she's already started discussions with them and hopefully they'll suport it," Doane said.

On April 3, Carroll attempted to breathe life into SB 1085 SD2 HD1 by trying to recall the measure out of the Water, Land and Ocean Resources Committee but was unsuccessful.


The conference committee is scheduled to meet again 3 p.m. today, Wednesday, April 29, in Room 224 of the state Capitol.