Report Title:

Public Land Trust; Ceded Lands; Inalienable

Description:

Prohibits the State from selling, exchanging, or otherwise alienating lands contained in the public land trust. (SD1)

THE SENATE

S.B. NO.

2758

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to ceded lands.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 171-18, Hawaii Revised Statutes, is amended to read as follows:

"171-18 Public land trust. (a) All funds derived from the sale or lease or other disposition of public lands shall be appropriated by the laws of the State; provided that 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, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 6), and all proceeds and income from the sale, lease or other disposition of lands retained by the United States under sections 5(c) and 5(d) of the Act and later conveyed to the State under section 5(e) shall be held as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible, for the making of public improvements, and for the provision of lands for public use.

(b) Notwithstanding any other law to the contrary, the board shall not sell, exchange, or otherwise alienate:

(1) Lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Admission Act of 1959; or

(2) Lands retained by the United States under Sections 5(c) and 5(d) of the Admission Act of 1959 and later conveyed to the State under section 5(e).

This subsection shall not apply to lands sold, exchanged, or otherwise alienated to the department of Hawaiian home lands."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.