HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE HAWAIIAN HOMES COMMISSION ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 207, Hawaiian Homes Commission Act, 1920, is amended by amending subsection (a) to read as follows:
"(a) The department [
is authorized to] may
lease to native Hawaiians the right to the use and occupancy of a tract or
tracts of Hawaiian home lands [ within the following acreage limits per each
lessee: (1) not more than forty acres of
agriculture lands or lands used for aquaculture purposes; or (2) not more than
one hundred acres of irrigated pastoral lands and not more than one thousand acres
of other pastoral lands; or (3) not more than one acre of any class of land to
be used as a residence lot;]:
(1) For agricultural purposes, including farming, regardless of whether those purposes are for-profit or non-profit; provided that the priority of availability of leases for these purposes shall depend on the availability of suitable tracts of land to native Hawaiians;
(2) For aquacultural purposes; provided that no lessee may lease more than forty acres of land for these purposes;
(3) That are irrigated for pastoral purposes; provided that no lessee may lease more than one hundred acres of these lands;
(4) That are other pastoral lands; provided that no lessee may lease more than one thousand acres of these lands; or
(5) For a residential lot; provided that no lessee may lease more than one acre of land for this purpose;
provided further that in the case of any
existing lease of a farm lot [
in the Kalanianaole Settlement] on
Molokai, a residence lot may exceed one acre but shall not exceed four acres in
area, the location of such area to be selected by the department; provided
further that a lease granted to any lessee may include two detached farm lots
or aquaculture lots, as the case may be, located on the same island and within
a reasonable distance of each other, one of which, to be designated by the department,
shall be occupied by the lessee as the lessee's home, the gross acreage of both
lots not to exceed the maximum acreage of an agricultural, pastoral, or
aquacultural lot, as the case may be, as provided in this section."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval by the governor of the State of Hawaii with the consent of the United States Congress.
Department of Hawaiian Home Lands Lessees; Agriculture; Farming; Acreage; Profit
Removes acreage restrictions on leases of Hawaiian home lands for agricultural purposes. Provides that the priority of availability of the foregoing leases shall be subject to the availability of suitable tracts of land to native Hawaiians. Specifies that the foregoing leases may be for either for-profit or non-profit purposes. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.