HOUSE OF REPRESENTATIVES

H.B. NO.

509

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to Makua valley.

 

 

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

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Makua Valley Reserve

     §   -1  Administration of chapter.  The Makua valley reserve 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:

     "Commission" means the Makua valley reserve commission.

     "Department" means the department of land and natural resources.

     "Valley reserve" means the area designated on the island of Oahu as Makua valley, including the three ahupuaa of Kahanahaiki, Makua, and Koiahi.

     §   -3  Reservation of uses.  (a)  The valley reserve shall be used 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 valley's archaeological, historical, and environmental resources;

     (3)  Rehabilitation, revegetation, habitat restoration, and preservation; and

     (4)  Education.

     (b)  The valley reserve shall be reserved in perpetuity for the uses enumerated in subsection (a).  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 valley reserve.  Subject to section    -6, the department shall:

     (1)  Implement controls and permitted uses for the valley reserve;

     (2)  Enforce this chapter;

     (3)  Provide administrative support to the commission; and

     (4)  Authorize its employees as it deems reasonable and necessary, to serve and execute warrants, arrest offenders, or issue citations in all matters relating to enforcement of the laws and rules applicable to the valley reserve.

     §   -5  Commission.  (a)  There is established the Makua valley reserve commission to be placed within the department for administrative purposes as provided in section 26-35.  The commission shall consist of nine members to be appointed in the manner and to serve for the terms provided in section 26-34; provided that:

     (1)  One member shall be a member of Malama Makua;

     (2)  One member shall be a member of Hui Malama O Makua;

     (3)  One member shall be a representative of families who were evicted from the valley reserve or whose lands in the valley reserve were condemned by the federal government;

     (4)  One member shall be appointed by the governor from a list provided by the Waianae coast community;

     (5)  One member shall be a trustee or representative of the office of Hawaiian affairs;

     (6)  One member shall be the commanding officer of the United States Army, Pacific, or the commanding officer's designee;

     (7)  One member shall be the adjutant general of the State, or the adjutant general's designee;

     (8)  One member shall be the chairperson of the board of land and natural resources, or the chairperson's designee; and

     (9)  One member shall be appointed by the governor from a list provided by Native Hawaiian organizations.

     (b)  The governor shall appoint the chairperson 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 carrying out 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.

     (e)  The commission, without regard to the requirements of chapter 76, may hire employees, including an executive director, necessary to carry out its duties.

     §   -6  Responsibilities and duties of the commission.  The general administration of the valley reserve shall rest with the commission.  In carrying out its duties and responsibilities, the commission:

     (1)  Shall establish criteria, policies, and controls for permissible uses within the valley reserve;

     (2)  Shall approve all contracts for services and rules pertaining to the valley reserve;

     (3)  Shall provide advice to the governor, the department, and other departments and agencies on any matter relating to the valley reserve;

     (4)  Shall provide advice to the office of planning and the department of the attorney general on any matter relating to the federal conveyance of the valley reserve;

     (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 otherwise conferred upon the board of land and natural resources and the land use commission with regard to dispositions and approvals pertaining to the valley reserve.  All powers and duties of the board of land and natural resources and the land use commission concerning dispositions and approvals pertaining to the valley reserve are transferred to the commission;

     (7)  Shall carry out those powers and duties concerning the valley reserve otherwise conferred upon the city and county of Honolulu by chapter 205A.  The powers and duties of the city and county of Honolulu and its agencies concerning coastal zone dispositions and approvals pertaining to the valley reserve are transferred to the commission;

     (8)  Shall carry out those powers and duties concerning the valley reserve otherwise conferred upon the appropriate island burial council and the department with regard to proper treatment of burial sites and human skeletal remains found in the valley reserve;

     (9)  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; and

    (10)  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.

     §   -7  Interim activities of the commission.  Prior to the return of the valley reserve from the United States Army to the State, the commission may enter into discussions with the United States Army to facilitate the expedient return of the valley reserve upon the expiration of the United States Army's lease.

     §   -8  Penalty.  Any person who violates any provision of this chapter or any rule adopted thereunder shall be guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both, for each offense.  Each day of each violation shall be deemed a separate offense.

     §   -9  General administrative penalties.  (a)  Except as otherwise provided by law, the commission may set, charge, and collect administrative fines, or bring legal action to recover the administrative costs of the commission or the department or to recover payment for damages, or for the cost to correct damages resulting from a violation of this chapter or any rule adopted thereunder.  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, a fine of not more than $15,000; and

     (3)  For a third or subsequent violation within five years of the last violation, a fine of not more than $25,000.

     (b)  In addition, an administrative fine of up to $5,000 may be levied for each natural resource or any historic property taken, killed, injured, broken, or damaged in violation of this chapter or any rule thereunder.

     (c)  A criminal penalty for any violation of this chapter or any rule adopted thereunder 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 thereunder 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 shall be required to show only that notice was given, that a hearing was held or the time granted for requesting a hearing has lapsed without such a request, that an administrative penalty was imposed, and that the administrative penalty remains unpaid.

     (e)  For the purposes of this section:

     "Historic property" means any building, structure, object, districts, area, or site, including heiau and underwater sites, which is over fifty years old.

     "Natural resource" includes any archaeological artifacts; minerals; any aquatic life or wildlife or parts thereof, including eggs; and any land plants or parts thereof, including seeds.

     §   -10  Transfer.  Upon its return to the State, the resources of the valley reserve shall be held in trust as part of the public land trust; provided that the State shall transfer management and control of the valley reserve 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 reserve, including any ongoing obligations relating to the clean-up of the valley reserve, shall remain in effect unless expressly terminated.

     §   ‑11  Makua valley rehabilitation trust fund.  (a)  There is created in the state treasury a trust fund to be designated as the Makua valley rehabilitation 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 the rehabilitation and environmental restoration of the valley reserve;

     (2)  Any moneys appropriated by the legislature to the trust fund;

     (3)  Any proceeds from administrative fines imposed and collected under this chapter; and

     (4)  The interest or profit on investments earned from moneys in the trust fund,

shall be deposited in 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 repealed.

     (d)  The trust fund shall be repealed on July 1, 2045.  The commission shall transfer to the general fund of the State, all unexpended or unencumbered balances remaining in the trust fund on June 30, 2045; provided that all unexpended or unencumbered balances of federal moneys shall be disbursed in accordance with applicable federal law.

     §   -12  Severability.  If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."

     SECTION 2.  This Act shall not obstruct, deny, or revoke any rights or privileges heretofore exercised by the United States Army in its use of Makua valley throughout the term of its lease. 

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

 

INTRODUCED BY:

_____________________________



 

Report Title:

Makua Valley; Reserve Commission

 

Description:

Establishes the Makua Valley Reserve Commission to oversee preservation and restoration activities in Makua Valley on Oahu.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.