Bill Text: HI HB1093 | 2010 | Regular Session | Introduced
Bill Title: Hawaiian Homes Commission Act; General Lease
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1093 Detail]
Download: Hawaii-2010-HB1093-Introduced.html
Report Title:
Hawaiian Homes Commission Act; General Lease
Description:
Proposes to extend from 65 to 99 years the maximum aggregate term of general lease and project developer agreements that are for uses other than homesteading programs, including existing agreements.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1093 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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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 204 of the Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (a) to read as follows:
"(a) Upon the passage of this Act, all available lands shall immediately assume the status of Hawaiian home lands and be under the control of the department to be used and disposed of in accordance with the provisions of this Act, except that:
(1) In case any available land is under lease by the Territory of Hawaii, by virtue of section 73 of the Hawaiian Organic Act, at the time of the passage of this Act, such land shall not assume the status of Hawaiian home lands until the lease expires or the board of land and natural resources withdraws the lands from the operation of the lease. If the land is covered by a lease containing a withdrawal clause, as provided in section 73(d) of the Hawaiian Organic Act, the board of land and natural resources shall withdraw such lands from the operation of the lease whenever the department gives notice to the board that the department is of the opinion that the lands are required by it for the purposes of this Act; and such withdrawal shall be held to be for a public purpose within the meaning of that term as used in section 73(d) of the Hawaiian Organic Act.
(2) Any available land, including lands selected by the department out of a larger area, as provided by this Act, not leased as authorized by section 207(a) of this Act, may be returned to the board of land and natural resources as provided under section 212 of this Act, or may be retained for management by the department. Any Hawaiian home lands general lease issued by the department after June 30, 1985, shall contain a withdrawal clause allowing the department to withdraw the land leased at any time during the term of the lease for the purposes of this Act.
In the management of any retained available
lands not required for leasing under section 207(A), the department may dispose
of those lands or any improvements thereon to the public, including native
Hawaiians, on the same terms, conditions, restrictions, and uses applicable to
the disposition of public lands in chapter 171, Hawaii Revised Statutes;
provided that [the]:
(A) The department may not sell or
dispose of such lands in fee simple except as authorized under section 205 of this
Act; [provided further that the]
(B) The
department is expressly authorized to negotiate, prior to negotiations with the
general public, the disposition of Hawaiian home lands or any improvements
thereon to a native Hawaiian, or organization or association owned or
controlled by native Hawaiians, for commercial, industrial, or other business
purposes, in accordance with the procedures set forth in chapter 171, Hawaii
Revised Statutes[.]; and
(C) Notwithstanding the provisions of sections 171-36(a)(2) and 171-95(a)(2), Hawaii Revised Statutes, the term of any existing lease or lease hereafter entered into pursuant to this section, including any extensions or renewals thereof, shall not exceed ninety-nine years in the aggregate."
(3) The department, with the approval of the
Secretary of the Interior, in order to consolidate its holdings or to better
effectuate the purposes of this Act, may exchange the title to available lands
for land, privately or publicly owned, of an equal value. All lands so acquired
by the department shall assume the status of available lands as though the [land]
lands were originally designated as available lands under section 203 of
this Act, and all lands so conveyed by the department shall assume the status
of the land for which it was exchanged. The limitations imposed by section
73(1) of the Hawaiian Organic Act and the land laws of Hawaii as to the area
and value of land that may be conveyed by way of exchange shall not apply to
exchanges made pursuant hereto. No such exchange of land publicly owned by the
State shall be made without the approval of two-thirds of the members of the
board of land and natural resources. For the purposes of this paragraph, lands
"publicly owned" means land owned by a county or the State or the United States."
SECTION 2. Section 220.5 of the Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (d) to read as follows:
"(d) [Any]
The term of any project developer agreement entered into pursuant to
this section may [provide for options for
renewal of the term of the project developer agreement;] be
extended or renewed; provided that:
(1) The term of any one project developer agreement,
including any extensions or renewals thereof, whether such project developer agreement
is existing or hereafter entered into pursuant to this section, shall not
exceed [sixty-five] ninety-nine
years[;] in the aggregate;
(2) Any lands disposed of under a project developer agreement shall be subject to withdrawal at any time during the term of the agreement, with reasonable notice; and
(3) The rental shall be reduced in proportion to the value of the portion withdrawn and the developer shall be entitled to receive from the department the proportionate value of the developer's permanent improvements so taken in the proportion that they bear to the unexpired term of the agreement, with the value of the permanent improvements determined on the basis of fair market value or depreciated value, whichever is less; or the developer, in the alternative, may remove and relocate the developer's improvements to the remainder of the lands occupied by the developer."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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By Request
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