HOUSE OF REPRESENTATIVES
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO HAIKU VALLEY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Haiku valley on Oahu is of significant cultural and historic importance to the native people of Hawaii. Haiku valley is renowned for its archaeological and other cultural and historic sites, including loi, sacred sites and burial sites, and for the presence of native and endangered flora and fauna. Preserving the valley's cultural and historic resources and educating the public about these resources are of paramount importance.
The legislature further finds that ownership of the valley is divided among several entities. The valley's fragmented ownership and limited stewardship have placed its cultural and historic resources at high risk. Ensuring adequate management of, and appropriate access to, the valley has proven elusive. This Act addresses these problems by establishing a commission to provide a system that recognizes the valley's unique challenges and preserves in perpetuity its cultural and historic resources for the people of Hawaii.
The purpose of this Act is to establish the Haiku valley cultural preserve commission to have policy and management oversight over the Haiku valley cultural preserve.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
HAIKU VALLEY CULTURAL PRESERVE
§ -1 Administration of chapter. The Haiku valley cultural preserve commission and the department of land and natural resources shall administer this chapter.
§ -2 Definitions. As used in this chapter, unless the context otherwise requires:
"Board" means the board of land and natural resources.
"Commission" means the Haiku valley cultural preserve commission.
"Department" means the department of land and natural resources.
"Haiku valley cultural preserve" means parcels 1-C, 6, 7, 8, and 9 encompassed within tax map key 4-6-15:014 known as Haiku valley on the island of Oahu.
§ -3 Cultural preserve established; reservation of uses. (a) There is established the Haiku valley cultural preserve which shall operate solely and exclusively for the following purposes:
(1) Preservation and practice of all rights customarily and traditionally exercised by native Hawaiians for cultural, spiritual, and subsistence purposes;
(2) Preservation and protection of the area's cultural, archaeological, historical, and environmental resources;
(3) Rehabilitation, re-vegetation, habitat restoration, and preservation;
(4) Education; and
(5) Other purposes as determined by the commission.
(b) Haiku valley shall be reserved in perpetuity for the uses enumerated in this section. Commercial uses shall be strictly prohibited.
§ -4 Powers and duties. The department and other departments and agencies of the State shall be subject to the oversight of the commission with regard to the control and management of the Haiku valley cultural preserve. Subject to section -7, the department shall:
(1) Implement controls and permitted uses for the valley cultural preserve;
(2) Enforce this chapter; and
(3) Authorize its employees as it deems reasonable and necessary to serve and execute warrants and arrest offenders or issue citations in all matters relating to enforcement of the laws and rules applicable to the Haiku valley cultural preserve.
§ -5 Board of land and natural resources. The board shall approve all actions taken by the department pursuant to this chapter. The board shall adopt rules in accordance with chapter 91 to address decisions taken by the commission.
§ -6 Commission. (a) There is established the Haiku valley cultural preserve commission to be placed within the department of land and natural resources for administrative purposes as provided in section 26-35. The commission's jurisdiction shall extend over all public lands within the Haiku valley cultural preserve. The commission shall consist of seven members to be appointed in the manner and to serve for the terms provided in section 26-34; provided that the commission shall consist of:
(1) The executive director of the Koolau Foundation, or the executive director's designee;
(2) Two members appointed by the governor from a list of nominees provided by the Koolaupoko Hawaiian Civic Club;
(3) The administrator of the office of Hawaiian affairs, or the administrator's designee;
(4) An official of the city and county of Honolulu appointed by the governor from a list of nominees provided by the mayor of the city and county of Honolulu;
(5) A representative of the board of land and natural resources; and
(6) One member appointed by the governor from a list of nominees provided by native Hawaiian organizations designated by the chairperson of the board of land and natural resources.
(b) The chairperson shall be elected by the commission from among the members of the commission.
(c) The members of the commission shall serve without pay but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in the discharge of their duties.
(d) Any action taken by the commission shall be approved by a simple majority of its members. Four members shall constitute a quorum to do business.
§ -7 Responsibilities and duties of the commission. The general administration of the public lands located within the Haiku valley cultural preserve shall rest with the commission. Any existing uses on private lands located within the Haiku valley cultural preserve on the effective date of Act , Session Laws Hawaii, 2012, shall continue under the commission. In discharging its duties and responsibilities, the commission:
(1) Shall establish criteria, policies, and controls for permissible uses within the Haiku valley cultural preserve;
(2) Shall approve all contracts for services and adopt rules pertaining to the Haiku valley cultural preserve;
(3) Shall advise the governor, the department, and other departments and agencies on any matter relating to the Haiku valley cultural preserve;
(4) Shall advise the office of planning and the department of the attorney general on any matter relating to the conveyance of Haiku valley to the department;
(5) May enter into curator or stewardship agreements with appropriate Hawaiian cultural and spiritual community organizations for the perpetuation of native Hawaiian cultural, religious, and subsistence customs, beliefs, and practices for the purposes stated in section ‑3;
(6) Shall carry out those powers and duties concerning the Haiku valley cultural preserve otherwise conferred upon the city and county of Honolulu by chapter 205A;
(7) Shall adopt rules in accordance with chapter 91 that are necessary for the purposes of this chapter and shall maintain a record of its proceedings and actions;
(8) May delegate to the executive director or employees of the commission, by formal commission action, such power and authority vested in the commission by this chapter as the commission deems reasonable and proper for the effective administration of this chapter;
(9) May solicit and accept grants, donations, and contributions for deposit into the Haiku valley cultural preserve trust fund to support the purposes of this chapter; and
(10) Shall do all things necessary to carry out its purposes and exercise the powers granted in this chapter, including hiring an executive director and staff and managing funds.
§ -8 Farming. Section -3 notwithstanding, the commission shall adopt rules pursuant to chapter 91 to permit farming activities in the Haiku valley cultural preserve that are consistent with the purposes of this chapter and that take into consideration the health and safety of the general public.
§ -9 Penalty. Any person who violates any of the laws or rules applicable to the Haiku valley cultural preserve shall be guilty of a petty misdemeanor and shall be fined not more than $1,000, imprisoned not more than thirty days, or both, for each offense. Each day of each violation shall be deemed a separate offense.
§ -10 General administrative penalties. (a) Except as otherwise provided by law, the commission is authorized to set, charge, and collect administrative fines, or bring legal action to recover administrative costs of the commission or the department, or payment for damages, or for the cost to correct damages resulting from a violation of this chapter or any rule adopted hereunder. The administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $10,000;
(2) For a second violation within five years of a previous violation, by a fine of not more than $15,000; and
(3) For a third or subsequent violation within five years of the last violation, by a fine of not more than $25,000.
(b) In addition, an administrative fine of up to $5,000 may be levied for each specimen of natural resource or any historic property taken, killed, injured, broken, or damaged in violation of any rule adopted under this chapter.
For purposes of this subsection:
"Historic property" means any building, structure, object, district, landscape, area, or site, including heiau and underwater sites, that is over fifty years old.
"Natural resource" means any archaeological artifacts, minerals, any aquatic life or wildlife or parts thereof, including their eggs, and any land plants or parts thereof, including seeds.
(c) Any criminal penalty for any violation of this chapter or any rule adopted under this chapter shall not be deemed to preclude the commission from bringing a civil legal action to recover additional administrative fines and costs. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted under this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person.
(d) In any judicial proceeding to recover an administrative penalty imposed, the commission need only show that notice was given, that a hearing was held, or the time granted for requesting a hearing has run without such a request, that an administrative penalty was imposed, and the administrative penalty remains unpaid.
§ -11 Administrative violation system. With the mutual consent of both the commission and the department, the commission may use the civil natural resource violations system of the department of land and natural resources; provided that the commission shall act whenever the board is authorized to act, to process violations of this chapter or any rules adopted hereunder.
§ -12 Transfer. Upon its conveyance to the department, the resources and waters of the Haiku valley cultural preserve shall be held in trust by the department as part of the public land trust; provided that the department shall transfer management and control of the Haiku valley cultural preserve to the sovereign native Hawaiian entity upon its recognition by the United States and the State.
All terms, conditions, agreements, and laws affecting the valley shall remain in effect unless expressly terminated.
§ -13 Haiku valley cultural preserve trust fund. (a) There is created in the state treasury the Haiku valley cultural preserve trust fund to be administered by the department with the prior approval of the commission. Subject to this chapter:
(1) All moneys received from the federal government for purposes consistent with this chapter;
(2) Any moneys appropriated by the legislature to the trust fund;
(3) Any moneys received from grants and donations or the proceeds from contributions; and
(4) The interest or return on investments earned from moneys in the trust fund;
shall be deposited into the trust fund and shall be used to fulfill the purposes of this chapter.
(b) The commission may use moneys in the trust fund to carry out the purposes of this chapter, including hiring employees, specialists, and consultants necessary to complete projects related to the purposes of this chapter.
(c) Moneys deposited into or appropriated to the trust fund shall remain available until they are obligated or until the trust fund is terminated.
(d) If the trust fund is terminated, all funds shall be transferred to the general fund; provided that all unexpended or unencumbered balances shall be disbursed in accordance with any requirements set by funding sources and for purposes consistent with this chapter.
(e) The commission shall submit an annual report on the status of the Haiku valley cultural preserve trust fund to the legislature no later than twenty days prior to the convening of each regular session. The annual report shall include the total number of and amount of grants, donations, and contributions received and balances remaining on June 30 of each year."
SECTION 3. The office of planning and the department of the attorney general, after consulting with the Haiku valley cultural preserve commission, are authorized to initiate the conveyance of all of Haiku valley in fee simple to the department of land and natural resources; provided that before the valley is conveyed to the department of land and natural resources, agreements shall be executed with respect to liability, monetary resources, and removal of hazardous wastes.
SECTION 4. There is appropriated out of the native Hawaiian rehabilitation fund, established under section 213(i) of the Hawaiian Homes Commission Act, the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 for the purposes of this Act, including the acquisition of Haiku valley by the department of land and natural resources.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 7. This Act shall take effect on July 1, 2030.
Establishes the Haiku Valley cultural preserve commission to provide policy and management oversight of the Haiku Valley cultural preserve. Initiates process of conveying Haiku valley in fee simple to the Department of Land and Natural Resources. Effective July 1, 2030. (HB2246 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.