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HB305
HOUSE OF REPRESENTATIVES
H.B. NO.
305
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to land restoration
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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Chapter 171, Hawaii Revised Statutes,
is amended by adding a new part to be appropriately designated and to read as
follows:
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Part .
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Aloha aina land trust
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171-A
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Definitions.
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As used in this part:
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"Kuleana
land" has the same meaning as in section 669-2.
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"Transferred
land" means lands transferred to the aloha aina land trust pursuant to
section 171-B(b)(2).
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171-B
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Lands; applicability.
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(a)
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Notwithstanding
any law to the contrary, this part shall apply to all lands leased by the State
to the United States military as of the effective date of this part.
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(b)
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Upon the expiration of each lease to which
this part applies, the applicable parcel of land shall be transferred to:
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(1)
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The owner of an inheritable interest in
kuleana land, as applicable; or
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(2)
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If paragraph (1) is inapplicable, to the aloha
aina land trust.
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171-C
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Reservation of uses.
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(a)
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Transferred
lands shall be used solely and exclusively for the following purposes:
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(1)
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Ecological rehabilitation, restoration, and
remediation;
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(2)
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Regenerative agriculture systems that support
local food production and environmental sustainability;
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(3)
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Educational and cultural purposes; and
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(4)
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Community purposes.
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(b)
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Commercial uses that do not directly support
the purposes enumerated in subsection (a) shall be strictly prohibited.
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171-D
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Aloha aina land trust; established.
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(a)
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There is established within the department the aloha aina land trust.
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(b)
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The aloha aina land trust shall consist of
seven trustees to be appointed by the governor in the manner and to serve for
the terms provided in section 26-34; provided that:
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(1)
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One trustee shall be the chairperson of the
board of land and natural resources, ex officio;
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(2)
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One trustee shall be a trustee or
representative of the office of Hawaiian affairs;
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(3)
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One trustee shall have extensive professional
experience in ecological rehabilitation, restoration, and remediation;
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(4)
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One trustee shall have extensive professional experience
in regenerative agriculture; and
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(5)
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One trustee shall have extensive professional
experience in educational and cultural programming.
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(c)
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The governor shall designate the chairperson
from among the trustees.
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(d)
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The trustees shall serve without pay but shall
be reimbursed for their actual and necessary expenses, including travel
expenses, incurred in carrying out their duties.
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(e)
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Any action taken by the trust shall be
approved by a simple majority of its trustees.
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Four trustees shall constitute a quorum to do
business.
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171-E
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Aloha aina land trust; responsibilities and
duties.
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The aloha aina land trust
shall:
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(1)
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Collaborate with Native Hawaiian organizations
and local communities to guide the rehabilitation of transferred lands and
ensure the sustainable management of transferred lands;
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(2)
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Rehabilitate, restore, and remediate transferred
lands that were affected by their use by the United States military;
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(3)
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Undertake ecological restoration and
remediation projects that focus on reforesting native species, restoring
wetlands, and improving watersheds and enabling the sustainability of the land;
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(4)
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Prioritize community-led stewardship to
empower local residents and Native Hawaiian practitioners to manage and care
for transferred lands;
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(5)
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Promote regenerative agricultural systems that
support local food production and environmental sustainability;
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(6)
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Support the integration of indigenous
knowledge and traditional practices into the management of transferred lands;
and
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(7)
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Establish educational and cultural programs to
engage students and communities in the rehabilitation and sustainable use of transferred
lands, including by offering hands-on learning experiences tied to Hawaiian
cultural values.
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171-F
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Rules.
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The department shall adopt rules pursuant to chapter 91 to implement
this part.
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171-G
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Transfer.
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Each parcel of transferred land that is transferred to the aloha aina
land trust and was classed as government or crown lands previous to August 15,
1895, shall be held in trust as part of the public land trust; provided that
the State shall transfer management and control of such lands to the sovereign
native Hawaiian entity upon its recognition by the United States and the State
of Hawaii.
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All terms,
conditions, agreements, and laws affecting such lands, including any ongoing
obligations relating to the clean-up of such lands, shall remain in effect
unless expressly terminated."
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SECTION
2.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of $
or so much thereof as may be necessary for fiscal year 2025-2026 and the same
sum or so much thereof as may be necessary for fiscal year 2026-2027 for the
aloha aina land trust to rehabilitate and manage lands transferred to the aloha
aina land trust pursuant to section 171-B(b)(2), Hawaii Revised Statutes,
established by section 1 of this Act.
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The sums
appropriated shall be expended by the
department of land and natural resources for the purposes of this Act.
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SECTION 3.
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This Act shall take effect upon its approval;
provided that section 2 of this Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Land
Restoration; Aloha Aina Land Trust; Appropriation
Description:
Creates
the Aloha Aina Land Trust to rehabilitate and manage lands transferred by the
United States military to the State after the leases for those lands expires.
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Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.