Hawaii 2025 Regular Session

Hawaii Senate Bill SB1193 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 1193 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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3	3	THE SENATE S.B. NO. 1193
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1193
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to land restoration.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 171, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . Aloha aina land trust §171-A Definitions. As used in this part: "Kuleana land" has the same meaning as in section 669-2. "Transferred land" means lands transferred to the aloha aina land trust pursuant to section 171-B(b)(2). §171-B Lands; applicability. (a) 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. (b) Upon the expiration of each lease to which this part applies, the applicable parcel of land shall be transferred to: (1) The owner of an inheritable interest in kuleana land, as applicable; or (2) If paragraph (1) is inapplicable, to the aloha aina land trust. §171-C Reservation of uses. (a) Transferred lands shall be used solely and exclusively for the following purposes: (1) Ecological rehabilitation, restoration, and remediation; (2) Regenerative agriculture systems that support local food production and environmental sustainability; (3) Educational and cultural purposes; and (4) Community purposes. (b) Commercial uses that do not directly support the purposes enumerated in subsection (a) shall be strictly prohibited. §171-D Aloha aina land trust; established. (a) There is established within the department the aloha aina land trust. (b) 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: (1) One trustee shall be the chairperson of the board of land and natural resources, ex officio; (2) One trustee shall be a trustee or representative of the office of Hawaiian affairs; (3) One trustee shall have extensive professional experience in ecological rehabilitation, restoration, and remediation; (4) One trustee shall have extensive professional experience in regenerative agriculture; and (5) One trustee shall have extensive professional experience in educational and cultural programming. (c) The governor shall designate the chairperson from among the trustees. (d) 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. (e) Any action taken by the trust shall be approved by a simple majority of its trustees. Four trustees shall constitute a quorum to do business. §171-E Aloha aina land trust; responsibilities and duties. The aloha aina land trust shall: (1) Collaborate with Native Hawaiian organizations and local communities to guide the rehabilitation of transferred lands and ensure the sustainable management of transferred lands; (2) Rehabilitate, restore, and remediate transferred lands that were affected by their use by the United States military; (3) Undertake ecological restoration and remediation projects that focus on reforesting native species, restoring wetlands, and improving watersheds and enabling the sustainability of the land; (4) Prioritize community-led stewardship to empower local residents and Native Hawaiian practitioners to manage and care for transferred lands; (5) Promote regenerative agricultural systems that support local food production and environmental sustainability; (6) Support the integration of indigenous knowledge and traditional practices into the management of transferred lands; and (7) 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. §171-F Rules. The department shall adopt rules pursuant to chapter 91 to implement this part. §171-G Transfer. 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. 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." SECTION 2. 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. The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act. SECTION 3. This Act shall take effect upon its approval; provided that section 2 of this Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________
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49	49	SECTION 1. 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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51	51	"Part . Aloha aina land trust
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53	53	§171-A Definitions. As used in this part:
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55	55	"Kuleana land" has the same meaning as in section 669-2.
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57	57	"Transferred land" means lands transferred to the aloha aina land trust pursuant to section 171-B(b)(2).
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59	59	§171-B Lands; applicability. (a) 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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61	61	(b) Upon the expiration of each lease to which this part applies, the applicable parcel of land shall be transferred to:
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63	63	(1) The owner of an inheritable interest in kuleana land, as applicable; or
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65	65	(2) If paragraph (1) is inapplicable, to the aloha aina land trust.
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67	67	§171-C Reservation of uses. (a) Transferred lands shall be used solely and exclusively for the following purposes:
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69	69	(1) Ecological rehabilitation, restoration, and remediation;
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71	71	(2) Regenerative agriculture systems that support local food production and environmental sustainability;
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73	73	(3) Educational and cultural purposes; and
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75	75	(4) Community purposes.
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77	77	(b) Commercial uses that do not directly support the purposes enumerated in subsection (a) shall be strictly prohibited.
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79	79	§171-D Aloha aina land trust; established. (a) There is established within the department the aloha aina land trust.
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81	81	(b) 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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83	83	(1) One trustee shall be the chairperson of the board of land and natural resources, ex officio;
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85	85	(2) One trustee shall be a trustee or representative of the office of Hawaiian affairs;
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87	87	(3) One trustee shall have extensive professional experience in ecological rehabilitation, restoration, and remediation;
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89	89	(4) One trustee shall have extensive professional experience in regenerative agriculture; and
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91	91	(5) One trustee shall have extensive professional experience in educational and cultural programming.
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93	93	(c) The governor shall designate the chairperson from among the trustees.
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95	95	(d) 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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97	97	(e) Any action taken by the trust shall be approved by a simple majority of its trustees. Four trustees shall constitute a quorum to do business.
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99	99	§171-E Aloha aina land trust; responsibilities and duties. The aloha aina land trust shall:
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101	101	(1) 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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103	103	(2) Rehabilitate, restore, and remediate transferred lands that were affected by their use by the United States military;
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105	105	(3) 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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107	107	(4) Prioritize community-led stewardship to empower local residents and Native Hawaiian practitioners to manage and care for transferred lands;
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109	109	(5) Promote regenerative agricultural systems that support local food production and environmental sustainability;
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111	111	(6) Support the integration of indigenous knowledge and traditional practices into the management of transferred lands; and
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113	113	(7) 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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115	115	§171-F Rules. The department shall adopt rules pursuant to chapter 91 to implement this part.
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117	117	§171-G Transfer. 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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119	119	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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121	121	SECTION 2. 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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123	123	The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
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125	125	SECTION 3. This Act shall take effect upon its approval; provided that section 2 of this Act shall take effect on July 1, 2025.
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129	129	INTRODUCED BY: _____________________________
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131	131	INTRODUCED BY:
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139	139	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. 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.
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149	149	Report Title:
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151	151	Land Restoration; Aloha Aina Land Trust; Appropriation
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155	155	Description:
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157	157	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. Appropriates funds.
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165	165	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.