Ceded Lands; Public Land Trust; Management
Prohibits the sale or transfer of ceded lands until the unrelinquished claims of the native Hawaiian people are resolved or reconciliation between the State and the native Hawaiian people is no longer supported, whichever occurs first; except in the following circumstances: disposing of remnants, providing easements to public utilities and government agencies as provided by law, land exchanges as provided by law, dispositions that are a part of the ceded lands negotiations between OHA and the State, dispositions after December 31, 2014 that are approved by a 2/3 vote of both houses of the legislature, or when a compelling state interest for the disposition is established. (SD1)
HOUSE OF REPRESENTATIVES
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PUBLIC LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 171-13, Hawaii Revised Statutes, is amended to read as follows:
"§171-13 Disposition of public lands. Except as otherwise provided by law and subject to other provisions of this chapter, the board may:
(1) Dispose of public land in fee simple, by lease, lease with option to purchase, license, or permit; provided that no disposition of public lands shall violate section 171-18; and
(2) Grant easement by direct negotiation or otherwise
for particular purposes in perpetuity on [
such] terms as may be set by
the board, subject to reverter to the State upon termination or abandonment of
the specific purpose for which it was granted, provided the sale price of [ such]
the easement shall be determined pursuant to section 171-17(b).
No person shall be eligible to purchase or lease public lands, or to be granted a license, permit, or easement covering public lands, who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands cancelled for failure to satisfy the terms and conditions thereof."
SECTION 2. 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),] (73 Stat. 5) 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 law to the contrary, all funds, proceeds, and income from the disposition of public trust lands as described in subsection (a), whether by sale, lease, or other disposition, shall be deposited into the public trust as set forth in subsection (a). The funds, proceeds, and income shall be held and used solely for the acquisition of lands, to be set aside for the purposes set forth in subsection (a), with respect to lands ceded to the United States under the joint resolution of annexation or acquired in exchange for lands so ceded and returned to the State, and lands retained under section 5(c) and 5(d) of the Act of March 18, 1959 (73 Stat. 5), in order that the public land trust be maintained and not diminished.
(c) Except as provided in subsection (d), the State shall not dispose of any public trust lands in fee simple, including any disposition by lease with option to purchase; provided that the State may dispose of public trust lands upon one of the following occurrences:
(1) The claims of the native Hawaiian people, as defined in the United States Apology Resolution, Pub. L. No. 103-150 (1993), have been resolved; or
(2) The legislature finds pursuant to a concurrent resolution adopted by at least two-thirds majority vote of the members to which each house is entitled that the State no longer supports reconciliation between the State and the native Hawaiian people.
(d) The limitations on the sale and transfer of lands pursuant to subsection (c) shall not prevent the State from:
(1) Disposing of remnants, as defined in section 171-52;
(2) Providing easements to public utilities and government agencies pursuant to section 171-95;
(3) Engaging in land exchanges pursuant to sections 171-50 and 171-51;
(4) Disposing of public trust lands that are part of negotiations between the office of Hawaiian affairs and the State with respect to issues relating to the income and proceeds from the lands in the public trust;
(5) Disposing of public trust lands after December 31, 2014; provided that the disposition is approved by the legislature by concurrent resolution adopted by at least two-third majority vote of the members to which each house is entitled; and
(6) Disposing of public trust lands, provided that all of the following conditions are met:
(A) The State establishes a compelling state interest for the disposition;
(B) There is no reasonable alternate means to accomplish the compelling state interest;
(C) The disposition is limited to accomplishing the compelling state interest; and
(D) The disposition is approved by the legislature by concurrent resolution adopted by at least two-thirds majority vote of the members to which each house is entitled."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2009.