| 47 | | - | SECTION 1. The legislature finds that Haiku valley on Oahu is of significant cultural and historical importance to the native people of Hawaii. Haiku valley is renowned for its archaeological and other cultural and historic sites, including loi, sacred sites, and burial sites, and for the presence of native and endangered flora and fauna. Preserving the valley's cultural and historic resources and educating the public about these resources are of paramount importance. The legislature further finds that ownership of Haiku valley is divided among several entities. The valley's fragmented ownership and limited stewardship have placed its cultural and historic resources at high risk. Ensuring adequate management of, and appropriate access to, the valley has proven elusive. The purpose of this Act is to establish the Haiku valley cultural preserve commission to have policy and management oversight over the Haiku valley cultural preserve to protect and preserve the cultural, historic, spiritual, and environmental resources of Haiku valley. This Act achieves this goal by effectuating the transfer of state lands from the department of Hawaiian home lands to the office of Hawaiian affairs and establishing the commission to provide a system that recognizes Haiku valley's unique challenges and preserves in perpetuity its cultural and historic resources for the people of Hawaii. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter haiku valley cultural preserve § -1 Administration of chapter. The Haiku valley cultural preserve commission and the office of Hawaiian affairs shall administer this chapter. § -2 Definitions. As used in this chapter, unless the context otherwise requires: "Commission" means the Haiku valley cultural preserve commission. "Haiku valley cultural preserve" means parcels 1-C, 6, 7, 8, and 9 encompassed within tax map key 4-6-15:014 known as Haiku valley on the island of Oahu. "Office" means the office of Hawaiian affairs. § -3 Cultural preserve established; reservation of uses. (a) There is established the Haiku valley cultural preserve, which shall operate 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 cultural, archaeological, historical, and environmental resources of the valley; (3) Rehabilitation, revegetation, habitat restoration, and preservation; (4) Education; and (5) Other purposes as determined by the commission. (b) Haiku valley shall be reserved in perpetuity for the uses enumerated in this section. Commercial uses shall be strictly prohibited. § -4 Haiku valley cultural preserve commission; established. (a) There is established the Haiku valley cultural preserve commission to be placed within the office of Hawaiian affairs for administrative purposes. The commission shall consist of the following seven members who shall be appointed by the governor and serve on the commission in accordance with section 26-34: (1) A representative of the office of Hawaiian affairs; (2) A representative of the department of land and natural resources; (3) A representative of the Honolulu board of water supply; (4) One member of the Koolau Foundation, to be appointed by the governor from a list of nominees provided by the Koolau Foundation; (5) One member of the Koolaupoko Hawaiian Civic Club, to be appointed by the governor from a list of nominees provided by the Koolaupoko Hawaiian Civic Club; and (6) Two members who shall be Native Hawaiian cultural practitioners, to be appointed by the governor from a list of Native Hawaiian cultural practitioners nominated by Native Hawaiian organizations. (b) The members of the commission shall elect a person from among themselves. (c) Any action taken by the commission shall be approved by a simple majority of the members. Four members shall constitute a quorum to conduct business. (d) 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. § -5 Responsibilities and duties of the commission. The general administration of the Haiku valley cultural preserve shall rest with the commission. In discharging its duties and responsibilities, the commission: (1) Shall establish criteria, policies, and controls for permissible uses within the Haiku valley cultural preserve; (2) Shall approve all contracts for services and adopt rules pertaining to the Haiku valley cultural preserve; (3) Shall provide advice to the governor, the office, and other departments and agencies on any matter relating to the Haiku valley cultural preserve; (4) Shall provide advice to the department of Hawaiian home lands and the department of the attorney general on any matter relating to the conveyance of Haiku valley to the office; (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 adopt rules in accordance with chapter 91 that are necessary for the purposes of this chapter and maintain a record of its proceedings and actions; (7) May accept grants, donations, and contributions for deposit into the Haiku valley cultural preserve special fund established pursuant to section -10 for the purposes of this chapter; and (8) Shall carry out those responsibilities and duties concerning the Haiku valley cultural preserve otherwise conferred upon the island burial councils and the office with regard to proper treatment of burial sites and human skeletal remains found in the valley preserve; provided that nothing in this section shall circumvent historical preservation requirements under chapter 6E. § -6 Powers and duties. The office 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 Haiku valley cultural preserve. Subject to section -5, the office shall: (1) Establish and implement controls and permitted uses for the Haiku valley cultural preserve; (2) Enforce this chapter; and (3) Authorize state conservation and resources enforcement officers or other law enforcement entities as it deems reasonable and necessary to serve and execute warrants and arrest offenders or issue citations in all matters relating to the enforcement of laws and rules applicable to the Haiku valley cultural preserve. § -7 Penalty. Any person who violates any of the laws or rules applicable to the Haiku valley cultural preserve shall be guilty of a petty misdemeanor and shall be fined no more than $1,000, imprisoned no more than thirty days, or both, for each offense. Each day of each violation shall be deemed a separate offense. § -8 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 administrative costs of the commission, payment for damages, or for the cost to correct damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. The administrative fines shall be set as follows: (1) For a first violation, a fine of no more than $10,000; (2) For a second violation within five years of a previous violation, a fine of no more than $15,000; and (3) For a third or subsequent violation within five years of the last violation, a fine of no more than $25,000. (b) In addition, an administrative fine of up to $5,000 may be levied for each specimen of natural resource or any historic property taken, killed, injured, broken, or damaged in violation of any rule adopted pursuant to this chapter. For purposes of this subsection: "Historic property" means any building, structure, object, district, landscape, area, or site, including heiau and underwater sites, that is over fifty years old. "Natural resource" means any archaeological artifacts; any minerals; any aquatic life or wildlife or parts thereof, including their eggs; and any land plants or parts thereof, including seeds. (c) Any criminal penalty for any violation of this chapter or any rule adopted pursuant to this chapter shall not 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 pursuant to this chapter shall not preclude the State from pursuing any criminal action against that person. (d) In any judicial proceeding to recover an administrative penalty imposed, the commission need only show that: (1) Notice was given; (2) A hearing was held, or the time granted for requesting a hearing has run without such a request; (3) An administrative penalty was imposed; (4) The administrative penalty remains unpaid; and (5) The penalty has not been appealed or all appeals have been exhausted. § -9 Transfer. (a) Upon its conveyance to the office, the resources of the Haiku valley cultural preserve shall be held in trust by the office as part of the public land trust; provided that the office shall transfer management and control of the Haiku valley cultural preserve to the sovereign Native Hawaiian entity upon its recognition by the United States and the State. (b) All terms, conditions, agreements, and laws affecting Haiku valley shall remain in effect unless expressly terminated. § -10 Haiku valley cultural preserve special fund. (a) There is created in the state treasury the Haiku valley cultural preserve special fund to be administered by the office, and into which shall be deposited: (1) Any moneys received from the federal government for purposes consistent with this chapter; (2) Any moneys appropriated by the legislature to the special fund; (3) Any moneys received from grants and donations or the proceeds from contributions; and (4) The interest or return on investments earned from moneys in the special fund; All moneys in the special fund shall be used to fulfill the purposes of this chapter, including for the operation of the commission. (b) Moneys deposited into or appropriated to the special fund shall remain available until they are obligated or until the special fund is terminated. (c) If the special fund is terminated, all funds shall be transferred to the general fund; provided that all unexpended or unencumbered balances shall be disbursed in accordance with any requirements set by funding sources and for purposes consistent with this chapter. § -11 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 3. The department of Hawaiian home lands may negotiate an agreement for license or other terms of use of Haiku valley with the office of Hawaiian affairs; provided that the agreement shall include terms regarding liability, monetary resources, and removal of hazardous wastes. SECTION 4. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the Haiku valley cultural preserve special fund. SECTION 5. There is appropriated out of the Haiku valley cultural preserve special fund the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purposes of this Act, including the acquisition of Haiku valley by the office of Hawaiian affairs. SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 8. This Act shall take effect on June 30, 3000. |
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| 47 | + | SECTION 1. The legislature finds that Haiku valley on Oahu is of significant cultural and historical importance to the native people of Hawaii. Haiku valley is renowned for its archaeological and other cultural and historic sites, including loi, sacred sites, and burial sites, and for the presence of native and endangered flora and fauna. Preserving the valley's cultural and historic resources and educating the public about these resources are of paramount importance. The legislature further finds that ownership of Haiku valley is divided among several entities. The valley's fragmented ownership and limited stewardship have placed its cultural and historic resources at high risk. Ensuring adequate management of, and appropriate access to, the valley has proven elusive. The purpose of this Act is to establish the Haiku valley cultural preserve commission to have policy and management oversight over the Haiku valley cultural preserve to protect and preserve the cultural, historic, spiritual, and environmental resources of Haiku valley. This Act achieves this goal by effectuating the transfer of state lands from the department of Hawaiian homelands to the office of Hawaiian affairs and establishing the commission to provide a system that recognizes Haiku valley's unique challenges and preserves in perpetuity its cultural and historic resources for the people of Hawaii. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter haiku valley cultural preserve § -1 Administration of chapter. The Haiku valley cultural preserve commission and the office of Hawaiian affairs shall administer this chapter. § -2 Definitions. As used in this chapter, unless the context otherwise requires: "Commission" means the Haiku valley cultural preserve commission. "Haiku valley cultural preserve" means parcels 1-C, 6, 7, 8, and 9 encompassed within tax map key 4-6-15:014 known as Haiku valley on the island of Oahu. "Office" means the office of Hawaiian affairs. § -3 Cultural preserve established; reservation of uses. (a) There is established the Haiku valley cultural preserve, which shall operate 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 cultural, archaeological, historical, and environmental resources of the valley; (3) Rehabilitation, revegetation, habitat restoration, and preservation; (4) Education; and (5) Other purposes as determined by the commission. (b) Haiku valley shall be reserved in perpetuity for the uses enumerated in this section. Commercial uses shall be strictly prohibited. § -4 Haiku valley cultural preserve commission; established. (a) There is established the Haiku valley cultural preserve commission to be placed within the office of Hawaiian affairs for administrative purposes. The commission shall consist of the following seven members who shall be appointed by the governor and serve on the commission in accordance with section 26-34: (1) A representative of the office of Hawaiian affairs; (2) A representative of the department of land and natural resources; (3) A representative of the Honolulu board of water supply; (4) One member of the Koolau Foundation, to be appointed by the governor from a list provided by the Koolau Foundation; (5) One member of the Koolaupoko Hawaiian Civic Club, to be appointed by the governor from a list provided by the Koolaupoko Hawaiian Civic Club; and (6) Two members who shall be Native Hawaiian cultural practitioners, to be appointed by the governor from a list of Native Hawaiian cultural practitioners provided by Native Hawaiian organizations. (b) The chairperson of the commission shall be elected by the members of the commission from among its members. (c) Any action taken by the commission shall be approved by a simple majority of the members. Four members shall constitute a quorum to conduct business. (d) 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. § -5 Responsibilities and duties of the commission. The general administration of the Haiku valley cultural preserve shall rest with the commission. In discharging its duties and responsibilities, the commission: (1) Shall establish criteria, policies, and controls for permissible uses within the Haiku valley cultural preserve; (2) Shall approve all contracts for services and adopt rules pertaining to the Haiku valley cultural preserve; (3) Shall provide advice to the governor, the office, and other departments and agencies on any matter relating to the Haiku valley cultural preserve; (4) Shall provide advice to the department of Hawaiian home lands and the department of the attorney general on any matter relating to the conveyance of Haiku valley to the office; (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 adopt rules in accordance with chapter 91 that are necessary for the purposes of this chapter and maintain a record of its proceedings and actions; (7) May accept grants, donations, and contributions for deposit into the Haiku valley cultural preserve special fund established pursuant to section -10 for the purposes of this chapter; and (8) Shall carry out those responsibilities and duties concerning the Haiku valley cultural preserve otherwise conferred upon the island burial councils and the office with regard to proper treatment of burial sites and human skeletal remains found in the valley preserve; provided that nothing in this section shall circumvent historical preservation requirements under chapter 6E. § -6 Powers and duties. The office 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 Haiku valley cultural preserve. Subject to section -5, the office shall: (1) Establish and implement controls and permitted uses for the Haiku valley cultural preserve; (2) Enforce this chapter; and (3) Authorize state conservation enforcement or other law enforcement entities as it deems reasonable and necessary to serve and execute warrants and arrest offenders or issue citations in all matters relating to the enforcement of laws and rules applicable to the Haiku valley cultural preserve. § -7 Penalty. Any person who violates any of the laws or rules applicable to the Haiku valley cultural preserve shall be guilty of a petty misdemeanor and shall be fined no more than $1,000, imprisoned no more than thirty days, or both, for each offense. Each day of each violation shall be deemed a separate offense. § -8 General administrative penalties. (a) Except as otherwise provided by law, the commission shall be authorized to set, charge, and collect administrative fines, or bring legal action to recover administrative costs of the commission, payment for damages, or for the cost to correct damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. The administrative fines shall be set as follows: (1) For a first violation, a fine of no more than $10,000; (2) For a second violation within five years of a previous violation, a fine of no more than $15,000; and (3) For a third or subsequent violation within five years of the last violation, a fine of no more than $25,000. (b) In addition, an administrative fine of up to $5,000 may be levied for each specimen of natural resource or any historic property taken, killed, injured, broken, or damaged in violation of any rule adopted under this chapter. For purposes of this subsection: "Historic property" means any building, structure, object, district, landscape, area, or site, including heiau and underwater sites, that is over fifty years old. "Natural resource" means any archaeological artifacts, minerals, any aquatic life or wildlife or parts thereof, including their eggs, and any land plants or parts thereof, including seeds. (c) Any criminal penalty for any violation of this chapter or any rule adopted pursuant to this chapter shall not 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 pursuant to this chapter shall not preclude the State from pursuing any criminal action against that person. (d) In any judicial proceeding to recover an administrative penalty imposed, the commission need only show that: (1) Notice was given; (2) A hearing was held, or the time granted for requesting a hearing has run without such a request; (3) An administrative penalty was imposed; (4) The administrative penalty remains unpaid; and (5) The penalty has not been appealed or all appeals have been exhausted. § -9 Transfer. (a) Upon its conveyance to the office, the resources of the Haiku valley cultural preserve shall be held in trust by the office as part of the public land trust; provided that the office shall transfer management and control of the Haiku valley cultural preserve to the sovereign Native Hawaiian entity upon its recognition by the United States and the State. (b) All terms, conditions, agreements, and laws affecting Haiku valley shall remain in effect unless expressly terminated. § -10 Haiku valley cultural preserve special fund. (a) There is created in the state treasury the Haiku valley cultural preserve special fund to be administered by the office, and into which shall be deposited: (1) Any moneys received from the federal government for purposes consistent with this chapter; (2) Any moneys appropriated by the legislature to the special fund; (3) Any moneys received from grants and donations or the proceeds from contributions; and (4) The interest or return on investments earned from moneys in the special fund; All moneys in the special fund shall be used to fulfill the purposes of this chapter, including for the operation of the commision. (b) Moneys deposited into or appropriated to the special fund shall remain available until they are obligated or until the special fund is terminated. (c) If the special fund is terminated, all funds shall be transferred to the general fund; provided that all unexpended or unencumbered balances shall be disbursed in accordance with any requirements set by funding sources and for purposes consistent with this chapter. § -11 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 3. The department of Hawaiian home lands and the department of the attorney general, after consulting with the Haiku valley cultural preserve commission, are authorized to initiate the conveyance of all of Haiku valley in fee simple to the office of Hawaiian affairs; provided that before the valley is conveyed to the office of Hawaiian affairs, agreements shall be executed with respect to liability, monetary resources, and removal of hazardous wastes. SECTION 4. 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 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the Haiku valley cultural preserve special fund. SECTION 5. There is appropriated out of the Haiku valley cultural preserve special fund the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purposes of this Act, including the acquisition of Haiku valley by the office of Hawaiian affairs. SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 8. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ |
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