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authorized under this measure may lead to a sense of entitlement amongst lessees that can result <br /> and has resulted in the sale of public lands, including "ceded" lands to which Native Hawaiians have <br /> never relinquished their claims. OHA objects to the sale or alienation of"ceded" lands except in <br /> limited circumstances, and has significant concerns over any proposal that may facilitate the <br /> diminution of the "ceded" lands corpus. <br /> Accordingly, should the Committee choose to move this measure forward, OHA strongly <br /> recommends amendments to protect against the creation of extremely long-term leasehold interests <br /> and the issuance, renewal, or renegotiation of other lease terms that may compromise the state's <br /> fiduciary obligations to Native Hawaiians and the public. To this end, OHA respectfully offers <br /> language to ensure that any redevelopment district planning committee follows the general public <br /> land lease safeguards found in HRS § 171-36, unless and until a redevelopment committee adopts, in <br /> the transparent chapter 91 rulemaking process, administrative rules to specifically replace the <br /> provisions in HRS § 171-36: <br /> By amending page 9, lines 8-13, to read as follows: <br /> "(4) Notwithstanding any other law to the contrary, lease public lands in a designated <br /> district and renew or renegotiate any lease in connection with any project <br /> contained in the redevelopment plan for the designated district, on terms and <br /> conditions pursuant to section 171-E and consistent with the redevelopment <br /> plan, provided that any new, renewed, or renegotiated leases shall be subject <br /> to the terms, conditions, and restrictions found in section 171-36 for the <br /> leasing of public lands, unless otherwise specifically provided in administrative <br /> rules adopted pursuant to chapter 91." <br /> 2. Redevelopment district and redevelopment area revenues should account for the <br /> constitutional shares of OHA and DHHL. <br /> While OHA appreciates the apparent intent to have some portion of redevelopment district <br /> revenues to be recommitted to the activities of the district, OHA does express concern regarding <br /> language that may inadvertently fail to account for the percentage of revenues from certain public <br /> lands that must be set aside for transfer to OHA and DHHL. Specifically, the allocation of fifty percent <br /> of redevelopment district public land revenues into redevelopment district revolving funds, <br /> "notwithstanding section 171-19," may result in the failure to account for the shares of OHA and <br /> DHHL under the public land trust and Hawaiian Homes Commission Act, as specifically noted in that <br /> section. Similar language in this measure regarding revenues specifically generated from public lands <br /> in the Waiakea peninsula redevelopment district also raises the same concerns. <br /> Moreover, absent express statutory notice, this measure's contemplated authorization of <br /> county-based local redevelopment agencies to negotiate development agreements for state-held <br /> public lands could also result in negotiated agreements that fail to account for OHA's and DHHL's <br /> shares. <br /> Accordingly, OHA respectfully urges amendments that would provide explicit statutory <br /> acknowledgement and notice to redevelopment district and redevelopment area decisionmakers and <br />