HOUSE OF REPRESENTATIVES

H.B. NO.

622

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE PUBLIC TRUST LAND.

 

 

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

 


SECTION 1. The legislature finds that, for almost a century, federal law has mandated that all proceeds and income from the sale, lease, or other disposition of public trust lands, or ceded lands, shall be held as a public trust for public use and for the betterment of the conditions of native Hawaiians.

The legislature further finds that, in 1976, a brave group of native Hawaiians across the paeaina came together to raise awareness about the natural and cultural resources of the island of Kahoolawe. This movement would significantly impact the revival of Hawaiian culture and political activity across Hawaii and directly influence a wide range of benefits that Hawaiians continue to enjoy today, including by influencing the establishment of the office of Hawaiian affairs.

The legislature finds that since its return to the State in 1993, the resources and waters of Kahoolawe have been held in trust as part of the public land trust; provided that the State shall transfer management and control of the island and its waters to the sovereign native Hawaiian entity upon its recognition by the United States and the State of Hawaii.

The legislature finds that Kahoolawe island reserve is 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 its archaeological, historical, and environmental resources;

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

(4) Education.

The legislature finds that the uses of Kahoolawe island reserve are consistent with the authorized uses of public land trust revenues as set forth in section 171-18, Hawaii Revised Statutes.

The purpose of this Act is to facilitate the continuing preservation, restoration, and appropriate use of the Kahoolawe island reserve by authorizing the chairperson of the board of land and natural resources to transfer funds from the department of land and natural resources' public land trust accounts to the Kahoolawe rehabilitation trust fund and authorizing the office of Hawaiian affairs to expend a portion of its public land trust revenues for purposes consistent with those of the Kahoolawe rehabilitation trust fund.

SECTION 2. Chapter 6K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"6K-   Appropriations from public land trust accounts. The chairperson of the board of land and natural resources may transfer funds from the department of land and natural resources' public land trust accounts set aside pursuant to section 171-18 for the betterment of native Hawaiians to the Kahoolawe rehabilitation trust fund. All transfers shall be approved and certified by the board of land and natural resources and shall not exceed a total of $3,000,000 annually."

SECTION 3. Section 6K-9.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is created in the state treasury a trust fund to be designated as the Kahoolawe rehabilitation trust fund to be administered by the department with the prior approval of the commission. Subject to Public Law 103-139, and this chapter:

(1) All moneys received from the federal government for the rehabilitation and environmental restoration of the island of Kahoolawe or other purposes consistent with this chapter;

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

(3) Any moneys received from grants, donations, or the proceeds from contributions; [and]

(4) The interest or return on investments earned from moneys in the trust fund[,]; and

(5) Any moneys transferred from the department of land and natural resources' public land trust accounts,

shall be deposited in the trust fund and shall be used to fulfill the purposes of this chapter."

SECTION 4. Section 10-13.5, Hawaii Revised Statutes, is amended to read as follows:

"10-13.5 Use of public land trust proceeds. Twenty per cent of all funds derived from the public land trust, described in section 10-3, shall be expended by the office, as defined in section 10-2, for the purposes of this chapter[.] and for the purposes set forth in section 6K-9.5."

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, 2050.


 


 

Report Title:

Kahoolawe Rehabilitation Trust Fund; Public Land Trust; OHA

 

Description:

Authorizes the BLNR Chairperson to transfer public land trust funds to the Kahoolawe Rehabilitation Trust Fund. Authorizes the Office of Hawaiian Affairs to expend public land trust funds for purposes consistent with those of the Kahoolawe Rehabilitation Trust Fund. (HB622 HD1)

 

 

 

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