Bill Text: HI HB1162 | 2022 | Regular Session | Introduced
Bill Title: Relating To Hawaiian Home Lands.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB1162 Detail]
Download: Hawaii-2022-HB1162-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1162 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HAWAIIAN HOME LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in 1921, Prince Jonah Kuhio Kalanianaole authorized an act of Congress, the Hawaiian Homes Commission Act, that promised two hundred three thousand acres of land to restore land and dignity to native Hawaiians. Nearly one hundred years later, only approximately nine thousand seven hundred homesteads have been opened and over twenty-seven thousand native Hawaiians are still on the waitlist for leases.
The legislature further finds that the number of native Hawaiians still on the waitlist for leases is of serious concern to the State and, thus, the State would like to give native Hawaiians an opportunity to purchase lands in fee simple.
The purpose of this Act is to amend the Hawaiian Homes Commission Act to:
(2) Provide the department with the first right of purchase if a subsequent purchaser of the land is not native Hawaiian.
SECTION 2. Section 203, Hawaii Revised Statutes, is amended to read as follows:
"§203. Certain public lands designated "available lands." All public lands of the description and acreage, as follows, excluding (a) all lands within any forest reservation, (b) all cultivated sugar-cane lands, and (c) all public lands held under a certificate of occupation, homestead lease, right of purchase lease, or special homestead agreement, or sold pursuant to section 207, are hereby designated, and hereinafter referred to, as "available lands":
(1) On the island of Hawaii: Kamaoa-Puueo (eleven thousand acres, more or less), in the district of Kau; Puukapu (twelve thousand acres, more or less), Kawaihae 1 (ten thousand acres, more or less), and Pauahi (seven hundred and fifty acres, more or less), in the district of South Kohala; Kamoku-Kapulena (five thousand acres, more or less), Waimanu (two hundred acres, more or less), Nienie (seven thousand three hundred and fifty acres, more or less), in the district of Hamakua; fifty-three thousand acres to be selected by the department from the lands of Humuula Mauka, in the district of North Hilo; Panaewa, Waiakea (two thousand acres, more or less), Waiakea-kai, or Keaukaha (two thousand acres, more or less), and two thousand acres of agricultural lands to be selected by the department from the lands of Piihonua, in the district of South Hilo; and two thousand acres to be selected by the department from the lands of Kaohe-Makuu, in the district of Puna; land at Keaukaha, Hawaii, more particularly described as follows:
PARCEL I
Now set aside as Keaukaha Beach Park by Executive Order Numbered 421, and being a portion of the Government land at Waiakea, South Hilo, Hawaii.
Beginning at the southeast corner of this parcel of land, on the north side of Kalanianaole Road, the coordinates of said point of beginning referred to Government survey triangulation station "Halai" being five thousand six hundred and eighty-one and twelve one-hundredths feet north and seventeen thousand nine hundred and thirty-three and fifteen one-hundredths feet east, as shown on Government Survey Registered Map Numbered 2704, and running by true azimuths.
1. Sixty-one degrees fifty-eight minutes one thousand three hundred and fifty-one and seventy-three one-hundredths feet along the north side of Kalanianaole Road (fifty feet wide);
2. One hundred and fifty-one degrees fifty-eight minutes eight hundred and forty feet along United States military reservation for river and harbor improvements (Executive Order Numbered 176);
Thence along the seashore at high-water mark, the direct azimuths and distances between points at seashore being:
3. Two hundred and eighty-two degrees no minutes four hundred and sixty-eight and fifty one-hundredths feet;
4. Three hundred and thirteen degrees twenty minutes four hundred and forty-one feet;
5. Two hundred and sixty degrees twenty minutes one hundred and forty feet;
6. Two hundred and forty-two degrees twenty minutes two hundred and fifty feet;
7. One hundred and eighty-eight degrees forty minutes sixty feet;
8. Two hundred and seventy-two degrees twenty minutes one hundred and seventy feet;
9. Two hundred and five degrees no minutes sixty feet;
10. One hundred and ten degrees twenty minutes two hundred and twenty feet;
11. Ninety degrees fifty minutes eighty feet;
12. One hundred and sixty-two degrees no minutes one hundred and seventy feet;
13. Two hundred and fifty degrees thirty minutes four hundred and thirty feet;
14. Three hundred and thirty-one degrees fifty-eight minutes three hundred and eighty feet along parcel II of Government land to the point of beginning and containing an area of eleven and twenty one-hundredths acres, more or less.
PARCEL II
Being a portion of the Government land of Waiakea, South Hilo, Hawaii, and located on the north side of Kalanianaole Road and adjoining parcel I, hereinbefore described.
Beginning at the south corner of this parcel of land, on the north side of Kalanianaole Road, the coordinates of said point of beginning referred to Government survey triangulation station "Halai," being five thousand six hundred and eighty-one and twelve one-hundredths feet north and seven thousand nine hundred and thirty-three and fifteen one-hundredths feet east and running by true azimuths:
1. One hundred and fifty-one degrees fifty-six minutes three hundred and eighty feet along the east boundary of parcel I;
2. Two hundred and twenty-nine degrees forty-five minutes thirty seconds one hundred and ninety-one and one one-hundredths feet;
3. One hundred and ninety-eight degrees no minutes two hundred and thirty feet to a one-and-one-half inch pipe set in concrete;
4. Three hundred and seven degrees thirty-eight minutes five hundred and sixty-two and twenty-one one-hundredths feet to a one-and-one-half inch pipe set in concrete;
5. Twenty-eight degrees no minutes one hundred and twenty-one and thirty-seven one-hundredths feet to the north side of Kalanianaole Road;
6. Sixty-one degrees fifty-eight minutes four hundred and eighty-three and twenty-two one-hundredths feet along the north side of Kalanianaole Road to the point of beginning and containing an area of five and twenty-six one-hundredths acres, more or less.
(2) On the island of Maui: Kahikinui (twenty-five thousand acres, more or less) in the district of Kahikinui, and the public lands (six thousand acres, more or less) in the district of Kula;
(3) On the island of Molokai: Palaau (eleven thousand four hundred acres, more or less), Kapaakea (two thousand acres, more or less), Kalamaula (six thousand acres, more or less), Hoolehua (three thousand five hundred acres, more or less), Kamiloloa I and II (three thousand six hundred acres, more or less), and Makakupaia (two thousand two hundred acres, more or less) and Kalaupapa (five thousand acres, more or less);
(4) On the island of Oahu: Nanakuli (three thousand acres, more or less), and Lualualei (two thousand acres, more or less), in the District of Waianae; and Waimanalo (four thousand acres, more or less), in the District of Koolaupoko, excepting therefrom the military reservation and the beach lands; and those certain portions of the lands of Auwaiolimu, Kewalo, and Kalawahine described by metes and bounds as follows, to-wit:
(I) Portion of the Government land at Auwaiolimu, Punchbowl Hill, Honolulu, Oahu, described as follows:
Beginning at a pipe at the southeast corner of this tract of land, on the boundary between the lands of Kewalo and Auwaiolimu, the coordinates of said point of beginning referred to Government Survey triangulation station "Punchbowl," being one thousand one hundred and thirty-five and nine-tenths feet north and two thousand five hundred and fifty-seven and eight-tenths feet east as shown on Government Survey Registered Map Numbered 2692, and running by true azimuths:
1. One hundred and sixty-three degrees thirty-one minutes two hundred and thirty-eight and eight-tenths feet along the east side of Punchbowl-Makiki Road;
2. Ninety-four degrees eight minutes one hundred and twenty-four and nine-tenths feet across Tantalus Drive and along the east side of Puowaina Drive;
3. One hundred and thirty-one degrees thirteen minutes two hundred and thirty-two and five-tenths feet along a twenty-five foot roadway;
4. One hundred and thirty-nine degrees fifty-five minutes twenty and five-tenths feet along same;
5. One hundred and sixty-eight degrees seventeen minutes two hundred and fifty-seven and eight-tenths feet along Government land (old quarry lot);
6. One hundred and fifty-six degrees thirty minutes three hundred and thirty-three feet along same to a pipe;
7. Thence following the old Auwaiolimu stone wall along L.C. Award Numbered 3145, to Laenui, grant 5147 (lot 8 to C.W. Booth), L.C. Award Numbered 1375, to Kapule, and L.C. Award Numbered 1355, to Kekuanoni, the direct azimuth and distance being two hundred and forty-nine degrees forty-one minutes one thousand three hundred and three and five-tenths feet;
8. Three hundred and twenty-one degrees, twelve minutes, six hundred and ninety-three feet along the remainder of the land of Auwaiolimu;
9. Fifty-one degrees, twelve minutes, one thousand and four hundred feet along the land of Kewalo to the point of beginning, containing an area of twenty-seven acres, excepting and reserving therefrom Tantalus Drive and Auwaiolimu Street crossing this land.
(II) Portion of the land of Kewalo, Punchbowl Hill, Honolulu, Oahu, being part of the lands set aside for the use of the Hawaii Experiment Station of the United States Department of Agriculture by proclamation of the Acting Governor of Hawaii, dated June 10, 1901, and described as follows:
Beginning at the northeast corner of this lot, at a place called "Puu Ea" on the boundary between the lands of Kewalo and Auwaiolimu, the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl," being three thousand two hundred and fifty-five and six-tenths feet north and five thousand two hundred and forty-four and seven-tenths feet east, as shown on Government Survey Registered Map Numbered 2692 of the State of Hawaii, and running by true azimuths:
1. Three hundred and fifty-four degrees thirty minutes nine hundred and thirty feet along the remainder of the land of Kewalo, to the middle of the stream which divides the lands of Kewalo and Kalawahine;
2. Thence down the middle of said stream along the land of Kalawahine, the direct azimuth and distance being forty-nine degrees sixteen minutes one thousand five hundred and twelve and five-tenths feet;
3. One hundred and forty-one degrees twelve minutes eight hundred and sixty feet along the remainder of the land of Kewalo;
4. Two hundred and thirty-one degrees twelve minutes five hundred and fifty-two and six-tenths feet along the land of Auwaiolimu to "PUU IOLE";
5. Thence still along the said land of Auwaiolimu following the top of the ridge to the point of beginning, the direct azimuth and distance being two hundred and thirty-two degrees twenty-six minutes one thousand four hundred and seventy feet and containing an area of thirty acres; excepting and reserving therefrom Tantalus Drive crossing this land;
(III) Portion of the land of Kalawahine makai of Tantalus Drive consisting of twelve acres, more or less, said parcel described more specifically in tax map key 2-4-34-8, which includes certain parcels adjoining the Ewa portion of Kalawahine Place currently occupied by short-term land dispositions if the persons residing on those parcels meet the qualifications established by the Legislature of the State of Hawaii and elect to have the land under their homes transferred to the department, and certain portions of the Ewa portion of the parcel, but excluding the hillside side portions of the southeast parcel, with metes and bounds designated by the department and approved by the department of land and natural resources; provided that persons now residing on portion of the land described, be given first opportunity to lease the lands on which they now reside, for a term of 99 years, whether or not they be native Hawaiians as defined in the Hawaiian Homes Commission Act of 1920, as amended.
(IV) Portion of the Hawaii Experiment Station under the control of the United States Department of Agriculture, situated on the northeast side of Auwaiolimu Street.
KEWALO-UKA, HONOLULU, OAHU
Being a portion of the land of Kewalo-uka conveyed by the Territory of Hawaii to the United States of America by proclamations of the Acting Governor of Hawaii, Henry E. Cooper, dated June 10, 1901, and August 16, 1901, and a portion of the United States Navy Hospital reservation described in Presidential Executive Order Numbered 1181, dated March 25, 1910.
Beginning at the west corner of this parcel of land, on the Auwaiolimu-Kewalo-uka boundary and on the northeast side of Auwaiolimu Street, the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl," being one thousand two hundred and thirty and fifty-eight one-hundredths feet north and two thousand six hundred and seventy-five and six one-hundredths feet east as shown on Government Survey Registered Map Numbered 2985 and running by azimuths measured clockwise from true south:
1. Two hundred and thirty-one degrees twelve minutes one thousand two hundred and forty-eight and twenty-six one-hundredths feet along the land of Auwaiolimu;
2. Three hundred and twenty-one degrees twelve minutes eight hundred and sixty feet along Hawaiian home land as described in Presidential Executive Order Numbered 5561;
3. Thence down along the middle of stream in all its turns and windings along the land of Kalawahine to the north corner of Roosevelt High School lot, the direct azimuth and distance being thirty-three degrees forty-eight minutes forty seconds one thousand one hundred and twelve and twenty one-hundredths feet;
Thence still down along the middle of stream for the next seven courses along the Roosevelt High School premises, the direct azimuth and distances between points in middle of said stream being:
4. Twenty-three degrees forty minutes twenty-eight and ninety one-hundredths feet;
5. Eight degrees no minutes one hundred and fifteen feet;
6. Three hundred and thirty-seven degrees fifty minutes forty-eight feet;
7. Two degrees thirty minutes sixty feet;
8. Forty-nine degrees forty minutes fifty-two feet;
9. Forty-six degrees six minutes ninety and seventy one-hundredths feet;
10. Ninety-two degrees forty-three minutes ninety-five and sixty one-hundredths feet; thence
11. Eighty-three degrees thirty-eight minutes seventy-one and sixty-three one-hundredths feet along state land to the northeast side of Auwaiolimu Street;
12. Thence on a curve to the left with a radius of one thousand one hundred and seventy-six and twenty-eight one-hundredths feet along the northeast side of Auwaiolimu Street along land described in Presidential Executive Order Numbered 1181, dated March 25, 1910, the direct azimuth and distance being one hundred and seventy-two degrees twenty-nine minutes thirty-five seconds one hundred and sixty-four and thirty-nine one-hundredths feet;
13. Thence continuing on a curve to the left with a radius of one thousand one hundred and seventy-six and twenty-eight one-hundredths feet along the northeast side of Auwaiolimu Street, the direct azimuth and distance being one hundred and sixty degrees fifty minutes forty-eight seconds three hundred and twelve and seventy-five one-hundredths feet;
14. Two hundred and twenty-four degrees fifty-three minutes six hundred and seventy and sixty-five one-hundredths feet along the Quarry Reservation (State of Hawaii, owner);
15. One hundred and ten degrees six minutes two hundred and thirty-nine and twenty one-hundredths feet along same;
16. Ninety-two degrees five minutes two hundred and two and twenty one-hundredths feet along same;
17. Fifty-three degrees twenty minutes three hundred and forty and thirty-four one-hundredths feet along same;
18. One hundred and forty-two degrees thirty minutes four hundred and twenty-four and sixty-eight one-hundredths feet along the northeast side of Auwaiolimu Street to the point of beginning and containing an area of twenty-seven and ninety one-hundredths acres; excepting and reserving therefrom that certain area included in Tantalus Drive, crossing this land.
(V) Portion of Kewalo-uka Quarry Reservation. Situate on the northeast side of Auwaiolimu Street.
KEWALO-UKA, HONOLULU, OAHU
Being land reserved by the State of Hawaii within the Hawaii Experiment Station under the control of the United States Department of Agriculture, as described in proclamations of the Acting Governor of Hawaii, Henry E. Cooper, dated June 10, 1901.
Beginning at the northwest corner of this parcel of land and on the northeast side of Auwaiolimu Street, the coordinates of said point of beginning referred to Government survey triangulation station "Punchbowl," being eight hundred and ninety-three and sixty-six one-hundredths feet north and two thousand nine hundred and thirty-three and fifty-nine one-hundredths feet east as shown on Government Survey Registered Map Numbered 2985 and running by azimuths measured clockwise from true south:
1. Two hundred and thirty-three degrees twenty minutes three hundred and forty and thirty-four one-hundredths feet along the Hawaii Experiment Station under the control of the United States Department of Agriculture;
2. Two hundred and seventy-two degrees five minutes two hundred and two and twenty one-hundredths feet along same;
3. Two hundred and ninety degrees six minutes two hundred and thirty-nine and twenty one-hundredths feet along same;
4. Forty-four degrees fifty-three minutes six hundred and seventy and sixty-five one-hundredths feet along same to the northeast side of Auwaiolimu Street;
5. Thence on a curve to the left with a radius of one thousand one hundred and seventy-six and twenty-eight one-hundredths feet along the northeast side of Auwaiolimu Street, the direct azimuth and distance being one hundred and forty-seven degrees fifty-one minutes thirteen seconds two hundred and nineteen and fifty one-hundredths feet;
6. One hundred and forty-two degrees thirty minutes one hundred and thirty-four and fifty-five one-hundredths feet along the northeast side of Auwaiolimu Street;
7. Two hundred and thirty-two degrees thirty minutes twenty feet along same;
8. One hundred and forty-two degrees thirty minutes seventy-one and fifty-seven one-hundredths feet along same to the point of beginning and containing an area of four and six hundred and forty-six one-thousandths acres.
(VI) Being a portion of government land of Auwaiolimu, situated on the northeast side of Hawaiian home land of Auwaiolimu and adjacent to the land of Kewalo-uka at Pauoa Valley, Honolulu, Oahu, State of Hawaii. Beginning at a pipe in concrete at the south corner of this parcel of land, being also the east corner of Hawaiian home land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Punchbowl," being two thousand twelve and seventy-five one-hundredths feet south and three thousand six hundred forty-seven and eighty-seven one-hundredths feet east, and thence running by azimuths measured clockwise from true south:
1. One hundred and forty-one degrees twelve minutes six hundred and ninety-three feet along Hawaiian home land;
2. Thence along middle of stone wall along L.C.Aw. 1356 to Kekuanoni, Grant 5147, Apana 1 to C.W.Booth, L.C.Aw. 1351 to Kamakainau, L.C.Aw. 1602 to Kahawai, Grant 4197 to Keauloa, L.C.Aw. 5235 to Kaapuiki and Grant 2587 to Haalelea;
3. Two hundred and ninety-five degrees thirty minutes three hundred and twenty feet along the remainder of government land of Auwaiolimu;
4. Twenty-four degrees sixteen minutes thirty seconds one thousand five hundred seventy-nine and thirty-six one-hundredths feet along the remainder of government land of Auwaiolimu;
5. Thence along middle of ridge along the land of Kewalo-uka to a point called "Puu Iole" (pipe in concrete monument), the direct azimuth and distance being fifty-six degrees no minutes eight hundred and thirty feet;
6. Fifty-two degrees twelve minutes five hundred fifty-two and sixty one-hundredths feet along the land of Kewalo-uka to the point of beginning and containing an area of thirty-three and eighty-eight one-hundredths acres, more or less.
(VII) Being portions of government lands of Kewalo-uka and Kalawahine situated on the east side of Tantalus Drive at Pauoa Valley, Honolulu, Oahu, State of Hawaii. Beginning at the west corner of this parcel of land, the true azimuth and distance to a point called "Puu Ea" (pipe in concrete monument) being one hundred and seventy-four degrees thirty minutes four hundred one and ninety-nine one-hundredths feet, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Punchbowl" being two thousand eight hundred fifty-five and ten one-hundredths feet north and five thousand two hundred eighty-two and twenty-five one-hundredths feet east and thence running by azimuths measured clockwise from true south:
1. Two hundred and forty-eight degrees nineteen minutes forty seconds eight hundred fifty and fifty-four one-hundredths feet along the land of Kewalo-uka;
2. Sixteen degrees thirty minutes five hundred feet along the land of Kewalo-uka, along the land of Kalawahine;
3. Twenty-five degrees no minutes five hundred feet along the land of Kalawahine;
4. Thirty-five degrees no minutes three hundred and twenty feet along the land of Kalawahine;
5. Fifty degrees forty-six minutes ninety-six and seventy one-hundredths feet along Makiki Forest Ridge lots;
6. Seventy-three degrees twenty minutes two hundred fifty-five and ninety one-hundredths feet along Makiki Forest Ridge lots;
7. Eighty-six degrees thirty-two minutes one hundred sixty-three and forty one-hundredths feet along Makiki Forest Ridge lots;
8. Thence along the south side of Tantalus Drive on a curve to the right with a radius of two hundred and seventy feet, the direct azimuth and distance being two hundred and twenty-one degrees twelve minutes nineteen seconds ninety-eight and thirty-six one-hundredths feet;
9. Two hundred and thirty-one degrees forty-two minutes one hundred ninety-three and thirty-five one-hundredths feet along the south side of Tantalus Drive;
10. Still along Tantalus Drive on a curve to the left with a radius of one hundred eighty and seventy-eight one-hundredths feet, the direct azimuth and distance being one hundred and eighty-one degrees forty-five minutes fifty-five seconds two hundred seventy-six and seventy-two one-hundredths feet;
11. Two hundred and forty-two degrees fifteen minutes sixty-two and thirty-two one-hundredths feet along the land of Kewalo-uka;
12. One hundred and seventy-four degrees thirty minutes five hundred twenty-eight and one one-hundredths feet along the land of Kewalo-uka to the point of beginning and containing an area of five hundred and seventy-four thousand seven hundred and thirty square feet or thirteen and one hundred ninety-four one-thousandths acres.
(5) On the island of Kauai: Upper land of Waimea, above the cultivated sugar cane lands, in the district of Waimea (fifteen thousand acres, more or less); and Moloaa (two thousand five hundred acres, more or less), and Anahola and Kamalomalo (five thousand acres, more or less).
Wailuku, Maui: That parcel of government land, situate in the District of Wailuku, Island and County of Maui, comprising twelve and four hundred and fifty-five one-thousandths acres of the ILI OF KOU and being a portion of the land covered by General Lease Numbered 2286 to Wailuku Sugar Company, Limited, notwithstanding the fact that said parcel is cultivated sugar cane land, subject, however, to the terms of said lease.
Cultivated Sugar Cane Lands: That parcel of Anahola, Island of Kauai, comprising four hundred and one and four hundred and twenty-three one-thousandths acres, hereinafter described and being portion of the land covered by general lease numbered 2724 to the Lihue Plantation Company, Limited, notwithstanding the fact that said parcel is cultivated sugar cane land, subject however, to the terms of said lease, said parcel being more particularly described as follows:
Being a portion of land described in general lease numbered 2724 to the Lihue Plantation Company situate in the district of Anahola, Kauai, State of Hawaii, beginning at the northwest corner of this parcel of land, the coordinates of which referred to government triangulation station south base are three thousand and forty-nine and sixty-two one-hundredths feet south, one thousand nine hundred and thirty-two and twenty-five one-hundredths feet west, and running thence by azimuths measured clockwise from true south two hundred and eighty-four degrees thirty minutes two hundred and fifty feet, thence on the arc of circular curve to the left, with a radius of eight hundred and ninety feet and a central angle of thirty-five degrees fifteen minutes, the direct azimuth and distance being two hundred and sixty-six degrees fifty-two minutes thirty seconds five hundred and thirty-eight and ninety-six one-hundredths feet, thence two hundred and forty-nine degrees fifteen minutes one thousand eight hundred and nine and twenty-five one-hundredths feet, thence two hundred and twenty-four degrees fifteen minutes three thousand fifty-six feet, thence one hundred and thirty-four degrees fifteen minutes two hundred and seven feet, to the seashore at Anahola Bay, thence along the seashore around Kahala Point, the direct azimuth and distance being two hundred and thirty-seven degrees six minutes seven seconds one thousand and sixty and fourteen one-hundredths feet, thence along the seashore, the direct azimuth and distance being three hundred and thirty-two degrees no minutes one thousand eight hundred and twenty-seven feet, thence along the seashore, the direct azimuth and distance being three hundred and fifty-five degrees no minutes one thousand eight hundred and twenty-seven feet, thence eighty-seven degrees twenty minutes seven hundred and forty feet, thence fifty-nine degrees no minutes two thousand seven hundred and fifteen feet, thence sixty-nine degrees fifteen minutes one thousand eight hundred and eighty-seven and thirty-six one-hundredths feet, thence on the arc of a circular curve to the right with a radius of three thousand and twelve feet, and a central angle of thirty-five degrees fifteen minutes the direct azimuth and distance being eighty-six degrees fifty-two minutes thirty seconds one thousand eight hundred and twenty-three and ninety-eight one-hundredths feet, thence one hundred and four degrees thirty minutes two hundred and fifty feet, thence one hundred and ninety-four degrees thirty minutes one thousand and thirty-one feet, thence on the arc of a circular curve to the left with a radius of six hundred and seven and ninety-five one-hundredths feet and a central angle of fifty-three degrees three minutes thirty seconds the direct azimuth and distance being seventy-seven degrees fifty-eight minutes fifteen seconds five hundred and forty-three and nine one-hundredths feet to the government road, thence two hundred and thirty-one degrees twenty-six minutes thirty seconds one hundred and thirteen and sixty-one one-hundredths feet along the government road, thence along the government road on the arc of a circular curve to the left with a radius of four hundred and seventy-seven feet and a central angle of forty-four degrees twenty-six minutes thirty seconds, the direct azimuth and distance being two hundred and nine degrees thirteen minutes fifteen seconds three hundred and sixty and seventy-eight one-hundredths feet, thence one hundred and eighty-seven degrees no minutes one hundred and sixty-nine and fifty-four one-hundredths feet along the government road, thence on the arc of a circular curve to the left with a radius of three hundred and fifty-one and eight one-hundredths feet and a central angle of eighty-two degrees thirty minutes the direct azimuth and distance being three hundred and twenty-five degrees forty-five minutes four hundred and sixty-two and ninety-seven one-hundredths feet, thence one hundred and ninety-four degrees thirty minutes five hundred and seventy-nine feet, thence one hundred and four degrees thirty minutes three hundred feet, thence one hundred and ninety-four degrees thirty minutes two hundred feet, thence two hundred eighty-four degrees thirty minutes three hundred feet, thence one hundred and ninety-four degrees thirty minutes two hundred and fifty-two feet to the point of beginning containing an area of four hundred and one and four hundred and twenty-three one-thousandths acres more or less."
SECTION 3. Section 204, Hawaii Revised Statutes, 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 or sold 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 or sale 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 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 department is expressly authorized to
negotiate, [prior to] before 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; provided further that in addition to dispositions made pursuant to
chapter 171, Hawaii Revised Statutes, the department may lease by direct
negotiation and at fair market rents, and for a term not to exceed five years,
any improvements on Hawaiian home lands, or portions thereof, that are owned or
controlled by the department[.]; and
(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 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(l) 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
SECTION 4. Section 207, Hawaii Revised Statutes, is amended by its title and subsections (a) and (b) to read as follows:
"§207.
Leases [to Hawaiians,] and sales of Hawaiian home lands; department
buy back; licenses. (a) The department is authorized to lease to native
Hawaiians the right to the use and occupancy of, or to sell to native Hawaiians
in fee simple, a tract or tracts of Hawaiian home lands within the
following acreage limits per each lessee[:] or purchaser:
(1)
[not] No
more than forty acres of agriculture lands or lands used for aquaculture purposes;
[or]
(2)
[not] No
more than one hundred acres of irrigated pastoral lands and [not] no
more than one thousand acres of other pastoral lands; or
(3)
[not] No
more than one acre of any class of land to be used as a residence lot;
provided
that in the case of any existing lease of a farm lot in the Kalanianaole
Settlement on Molokai, a residence lot may exceed one acre but shall not exceed
four acres in area, the location of such area to be selected by the department;
provided further that a lease or deed granted to any lessee or purchaser
may include two detached farm lots or aquaculture lots, as the case may be,
located on the same island and within a reasonable distance of each other, one
of which, to be designated by the department, shall be occupied by the lessee or
owner as the lessee's or owner's home, the gross acreage of both
lots not to exceed the maximum acreage of an agricultural, pastoral, or
aquacultural lot, as the case may be, as provided in this section. Any tract sold to a native Hawaiian shall be
subject to a recorded restrictive covenant that as a condition of the parcel owner's
resale of all or part of the tract, the owner shall provide to the department information
concerning the new purchaser that the department shall by reasonable regulations
require, and if the department determines that the purchaser is not a native Hawaiian,
the department shall have the right to purchase the tract for its fair market value
determined at that time by qualified appraisal. The process shall be conducted pursuant to reasonable
regulations adopted by the department that shall include reasonable timetables for
the department's review, appraisal, and decision-making.
(b) The title to lands [so] leased shall remain
in the State. Applications for lease or
purchase of tracts shall be made to and granted by the department, under
such regulations, not in conflict with any provisions of this title, as the
department may prescribe. The department
shall, whenever tracts are available, enter into such a lease or deed
with any applicant who, in the opinion of the department, is qualified to
perform the conditions of [such lease.] this section."
SECTION 5. Section 209, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
In
case of the death of any lessee, except as hereinabove provided, who has failed
to specify a successor or successors as approved by the department, the department
may select from only the following qualified relatives of the decedent:
(1) Spouse; [or]
(2) If there is no spouse, then the children; [or]
(3) If there is no spouse or child, then the grandchildren; [or]
(4) If there is no spouse, child, or grandchild, then brothers or sisters; or
(5) If there is no spouse, child, grandchild, brother, or sister, then from the following relatives of the lessee who are native Hawaiian: father and mother, widows or widowers of the children, widows or widowers of the brothers and sisters, or nieces and nephews.
The rights to the use and occupancy of the tract
or tracts may be made effective as of the date of the death of the lessee.
In
the case of the death of a lessee leaving no designated successor or
successors, spouse, children, grandchildren, or relative qualified to be a
lessee of Hawaiian home lands, the land subject to the lease shall resume its
status as unleased Hawaiian home lands and the department is authorized to
lease or sell the land to a native Hawaiian as provided in this Act.
Upon
the death of a lessee who has not designated a successor and who leaves a
spouse not qualified to succeed to the lease or children not qualified to
succeed to the lease, or upon the death of a lessee leaving no relative
qualified to be a lessee of Hawaiian home lands, or the cancellation of a lease
by the department, or the surrender of a lease by the lessee, the department
shall appraise the value of all the improvements and growing crops or
improvements and aquacultural stock, as the case may be, and shall pay to the
nonqualified spouse or the nonqualified children as the lessee shall have
designated [prior to] before the lessee's death, or to the legal
representative of the deceased lessee, or to the previous lessee, as the case may be, the value thereof, less any
indebtedness to the department, or for taxes, or for any other indebtedness the
payment of which has been assured by the department, owed by the deceased lessee
or the previous lessee. These payments shall be made out of the Hawaiian
home loan fund and shall be considered an advance therefrom and shall be repaid
by the successor or successors to the tract involved. If available cash in the Hawaiian home loan
fund is insufficient to make these payments, payments may be advanced from the
Hawaiian home general loan fund and shall be repaid by the successor or
successors to the tract involved; provided that any repayment for advances made
from the Hawaiian home general loan fund shall be at the interest rate
established by the department for loans made from the Hawaiian home general
loan fund. The successor or successors
may be required by the commission to obtain private financing in accordance
with section 208(6) to pay off the amount advanced from the Hawaiian home loan
fund or Hawaiian home general loan fund."
2. By amending subsection (d) to read:
"(d) After the cancellation of a lease by the
department in accordance with sections 210 and 216 of this title, or the
surrender of a lease by a lessee, the department may transfer the lease [or],
issue a new lease, or sell the Hawaiian home lands pursuant to section 207
to any qualified native Hawaiian regardless of whether or not that person is
related in any way by blood or marriage to the previous lessee."
SECTION 6. Section 212, Hawaii Revised Statutes, is amended to read as follows:
"§212. Lands returned to control
of board of land and natural resources.
The department may return any Hawaiian home lands not leased or sold
as authorized by the provisions of section 207 of this Act to the control of
the board of land and natural resources.
Any Hawaiian home lands so returned shall, until the department gives
notice as hereinafter in this section provided, resume and maintain the status
of public lands in accordance with the provisions of the [[]Hawaii
Revised Statutes[]]; provided that such lands may not be sold, leased,
set aside, used, transferred or otherwise disposed of except under a general
lease only. Any lease by the board of
land and natural resources hereafter entered into shall contain a withdrawal
clause, and the lands so leased shall be withdrawn by the board, for the
purpose of this Act, upon the department giving at its option, [not] no
less than one nor more than five years' notice of such withdrawal; provided[,]
that the minimum withdrawal-notice period shall be specifically stated in such
lease. Each such lease, whether or not
stipulated therein, shall be deemed subject to the right and duty of the board
of land and natural resources to terminate the lease and return the lands to
the department whenever the department gives notice to the board that the
department is of the opinion that the lands are required.
Notwithstanding the provisions of section 171-95, Hawaii Revised Statutes, in the leasing of Hawaiian home lands by the board to a public utility or other governmental agency, where such use directly benefits the department of Hawaiian home lands or the homestead lessees, the rental may be nominal; in all other instances, the lease rental shall be no less than the value determined in accordance with section 171-17(b), Hawaii Revised Statutes.
Any general lease of Hawaiian home
lands hereafter entered into by the board shall be void unless [prior to]
before the disposition of such lease by public auction, direct
negotiation or otherwise, approval shall be obtained from the department of
Hawaiian home lands."
SECTION 7. Section 217, Hawaii Revised Statutes, is amended to read as follows:
"§217. Ejectment, when; loan to new lessee for improvements. In case the lessee or borrower or the successor to an interest in the tract, as the case may be, fails to comply with any order issued by the department under the provisions of section 210 or 216 of this title, the department may:
(1) Bring action of ejectment or other appropriate proceeding; or
(2) Invoke the aid of the circuit court of the State for the judicial circuit in which the tract designated in the department's order is situated. Such court may thereupon order the lessee or the lessee's successor to comply with the order of the department. Any failure to obey the order of the court may be punished by it as contempt thereof. Any tract forfeited under the provisions of section 210 or 216 of this title may be again leased or sold by the department as authorized by the provisions of section 207 of this title, except that the value, in the opinion of the department, of all improvements made in respect to such tract by the original lessee or any successor to an interest therein shall constitute a loan by the department to the new lessee. Such loan shall be subject to the provisions of this section and sections 215, except paragraph (1), and 216 to the same extent as loans made by the department from the Hawaiian loan fund."
SECTION 8. Section 228, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The department shall submit an annual report to the legislature and the United States Department of the Interior, no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2011, of all leases of available lands for commercial and multipurpose projects, including the following:
(1) The total number of leases;
(2) Acreage of each lease;
(3) Terms of each lease;
(4) Whether the lessee is a beneficiary or beneficiary controlled organization; and
(5) Whether the lease was for retained available lands not required for leasing or sale under section 207(a), and was negotiated with a native Hawaiian, or organization or association owned or controlled by native Hawaiians, under section 204(a)(2)."
SECTION 9. The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2050.
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Report Title:
Hawaiian Home Lands; Sale; Fee Simple; Right of Purchase; DHHL
Description:
Authorizes the department of Hawaiian home lands to sell tracts of Hawaiian home lands to native Hawaiians in fee simple. Provides the department with the first right of purchase if a subsequent purchaser of the land is not native Hawaiian. Effective 7/1/2050.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
