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SB210
THE SENATE
S.B. NO.
210
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to public lands
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
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SECTION 1.
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The legislature finds that article XI, section 1 of the state
constitution provides that "[f]or the benefit of present and future
generations, the State and its political subdivisions shall conserve and
protect Hawaii's natural beauty and all natural resources, including land,
water, air, minerals, and energy sources, and shall promote the development and
utilization of these resources in a manner consistent with their conservation
and in furtherance of the self-sufficiency of the State.
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All public natural resources are held in
trust by the State for the benefit of the people".
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The legislature believes that all public
lands should be managed in the spirit of malama aina.
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The legislature further finds that the
United States military's use of public land has been inconsistent with the
principle of malama aina.
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The legacy of
Kahoolawe, Waikane, Makua, and Pohakuloa are tragic.
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On Kahoolawe, the United States Navy failed
to clear unexploded ordnance.
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Regarding
Makua, a federal court concluded that the United States Army "failed to
use good faith efforts to develop a plan and secure funding for clearing
[unexploded ordnance] from the high priority sites that the Army was supposed
to identify" pursuant to a settlement agreement.
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According to a state circuit court, portions
of state land at Pohakuloa are heavily contaminated on the surface with
material that potentially presents an explosive hazard and creates a
significant danger to public health and welfare.
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The legislature also finds that the United
State military's sixty-five year leases of certain state lands are due to
expire soon and believes it is time to return those lands to the people of
Hawaii.
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Accordingly, the purpose of this part is to
prohibit any land disposition to the United States military that allows for or
facilitates any military training activities.
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SECTION
2
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Section 171-33, Hawaii Revised Statutes, is
amended to read as follows:
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"
�171-33
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Planning;
generally.
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(a)
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Prior to any notice of
intended disposition, the board of land and natural resources shall:
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(1)
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Classify the land according to its use or uses
as provided in this chapter;
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(2)
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Determine the specific use or uses for which
the disposition is intended;
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(3)
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Parcel land into units of minimum size areas
related to the intended specific use or uses and sufficient for an economic
operation, hereinafter called an "economic unit";
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(4)
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Determine the requirements for the
construction of building or other improvements, which are necessary or
desirable to encourage the highest use of the land;
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(5)
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Determine the upset price or lease rental,
based upon the fair market value of the land employed to the specific use or
uses for which the disposition is being made, with due consideration for all of
the terms and conditions of the disposition;
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(6)
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Determine the necessary conditions of
disposition which will discourage speculation;
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(7)
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In the case of leases, determine the minimum
tenure necessary to support the intended use or uses and the necessity for
periodic rent openings in long-term leases to assure the State a fair return;
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(8)
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Prepare the proposed documents and make them
available for public inspection;
and
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(9)
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Determine, two years before the expiration of
the term of any lease, whether the premises are to be demised for the same use
or uses under a new lease or whether all or any part thereof is to be reserved
for other use or uses and then promptly notify the lessee of the determination.
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(b)
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Effective July 1, 2025, the board of land and natural resources shall
not approve any land disposition or renew any land disposition to the United
States military that allows for or facilitates any military training activities
on the subject lands.
"
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SECTION
3
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Section 171-59, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
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(a)
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A lease of public land may be disposed of
through negotiation upon a finding by the board of land and natural resources
that the public interest demands it.
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Where the public land is being sought under this section by a sugar or
pineapple company, and the company is the owner or operator of a mill or
cannery, then, for the purposes of this section, the economic unit shall be
that acreage of public land which when taken together with the lands already
owned or controlled or available to the company, when cultivated is found by
the board to be necessary for the company's optimum mill or cannery
operation.
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In all other cases, public
land to be sold under this section shall be an economic unit as provided in
section [
171-33(3).
]
171-33(a)(3).
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After
a determination is made to negotiate the disposition of a lease, the board
shall:
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(1)
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Give public notice as in public auction, in
accordance with the procedure set forth in section 171-16(a), of its intention
to lease public land through negotiation setting forth the minimum conditions
thereunder, the use for which the public land will be leased.
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Any person interested in securing the lease
shall file an application with the board not later than forty-five days after
the first publication of the notice;
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(2)
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Establish reasonable criteria for the
selection of the lessee; provided that where the intended use of the land is
agriculture, the department of agriculture shall establish the criteria;
and
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(3)
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Determine the applicants who meet the criteria
for selection set by the board or the department of agriculture, as the case
may be, and notify all applicants of its determination.
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Any applicant may examine the basis of the
determination, which shall be in writing, to ascertain whether or not the
conditions and criteria established by the board or the department of
agriculture were followed; provided that if any applicant does not notify the
board of the applicant's objections, and the grounds therefor, in writing,
within twenty days of the receipt of the notice, the applicant shall be barred
from proceeding to seek legal remedy for any alleged failure of the board to
follow the conditions and criteria.
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If
only one applicant meets the criteria for selection of the lessee, the board
may, after notice as provided in (3), above, dispose of the lease by
negotiation.
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If
two or more applicants meet the criteria for the selection of the lessee, the
board shall select the lessee who submits the highest offer contained in a
sealed bid deposited with the board.
"
PART II
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SECTION 4.
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The legislature finds that the State is the custodian of Hawaii's lands
and, when leasing lands, acts as a landlord.
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Landlords commonly establish rules for their tenants to protect the
integrity and condition of the leased property.
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When leasing public lands, it is within the State's authority to insist
that its lessees protect the State's environment and natural resources and refrain
from actions that threaten the health and safety of the State's residents.
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Accordingly, the purpose of this part is to
require that any lease or lease extension between the State and the United
States Department of Defense or branches of the United States military include
certain provisions, including an acknowledgement that the State retains
authority over all environmental matters within its jurisdiction.
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SECTION 5.
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The Hawaii Revised Statutes is amended by adding a new chapter to be
appropriately designated and to read as follows:
"
C
hapter
LEASES
OF PUBLIC LANDS by the united states military
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-1
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L
ease
provisions.
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(a)
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Any lease of public lands, or any extension
of any lease of public lands issued by the State to the United States
Department of Defense or any branch of the United States military that occurs
prior to July 1, 2024, shall include provisions acknowledging that the State
and its political subdivisions shall retain authority over all environmental
matters within the State's jurisdiction with regard to the subject public
lands, including any military facilities constructed on the lands.
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(b)
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The lease or lease extension shall also include provisions recognizing
the State's authority over, and right to intervene in, all matters affecting
the health and safety of the State's residents.
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(c)
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The lease or lease extension shall expressly provide that violation of
state or federal environmental law, or any law, rule, or order on a matter
affecting the health and safety of the State's residents, shall be grounds for
terminating the lease.
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(d)
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Rents charged for all leases of public lands
issued to or extended with the United States Department of Defense or any
branch of the United States military shall be set at the fair market value of
the leased lands."
PART
III
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SECTION
6.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION 7.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 8.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DLNR;
United States Military; Leases; Lease Extensions; Prohibitions; Public Lands
Description:
Prohibits
the Department of Land and Natural Resources from approving any land
disposition to the United States military that allows for or facilitates any
military training activities on the subject lands.
�
Requires that any lease or lease
extension between the State and the US Department of Defense or branches of the
US military include certain provisions, including an acknowledgement that the
State retains authority over all environmental matters within its
jurisdiction.
�
Provides that violation of
state or federal environmental law, or any law, rule, or order on a matter
affecting the health and safety of the State's residents, shall be grounds for
terminating the lease.
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not legislation or evidence of legislative intent.