Bill Text: HI HB231 | 2018 | Regular Session | Amended

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Bill Title: Relating To The Aha Moku.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB231 Detail]

Download: Hawaii-2018-HB231-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	231
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE AHA MOKU.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that traditional and generational knowledge-based approaches to natural and cultural resource management in Hawaii include the contributions of multiple ethnic groups that have settled here.  These groups have been hanai'd or integrated into the native Hawaiian culture through intermarriage and adoption of native Hawaiian cultural customs.  The legislature further finds that the aha moku system and aha moku advisory committee, known collectively as the aha moku, should remain attached to the department of land and natural resources.  As a statewide regulatory entity, the department protects and perpetuates the health and well-being of Hawaii's unique environment and ecosystem for the benefit of all citizens.

     The legislature reaffirms that the focus of the aha moku is to integrate into the department a native Hawaiian resource methodology that is generational and empirical.  This focus will strengthen the department's mission to "enhance, protect, conserve and manage Hawaii's unique and limited natural, cultural and historic resources held in public trust for current and future generations of the people of Hawaii nei, and its visitors, in partnership with others from the public and private sectors."

     Act 288, Session Laws of Hawaii 2012, established the aha moku advisory committee and placed it within the department of land and natural resources for administrative purposes.  Act 288 formally recognizes the traditional aha moku system of land management and best practices based on the natural contours of the land, the natural resources located within particular areas, and the methodology necessary to sustain resources and the community.  The aha moku advisory committee plays a crucial role in advising the chairperson of the board of land and natural resources on the aha moku system and other issues related to land and natural resources.

     Since its inception in 2012, the aha moku advisory committee has continued to fulfill its mission and the mandates of Act 288 by working with the eight main Hawaiian islands, which encompass forty-six traditional moku in which six hundred nine ahupuaa are listed.  During this time, the committee has documented its accomplishments in a report to the legislature and included recommendations from all of the main Hawaiian islands.  The report also lists the decisions of the board of land and natural resources relating to those recommendations, as well as resource issues relating to the aha moku system that were brought to the department's attention.  Most of these issues were mitigated within the department at a divisional level to the satisfaction of the concerned communities.

     The aha moku system benefits the entire State by strengthening the rapport and relationship between the department and the public, including the native Hawaiian community, on issues concerning natural and cultural resources.  Its success, however, depends on its ability to effectively obtain public input, including from native Hawaiians, and communicate this to the department with respect to managing natural and cultural resources — independent of government oversight.  The autonomy gained from being attached to the department, but not under its jurisdiction, would ensure a robust relationship between the aha moku and the department, its various divisions, and the board of land and natural resources.
     The purpose of this Act is to:

     (1)  Clarify that the aha moku advisory committee is placed within the department of land and natural resources for administrative purposes only, and has the autonomy to serve in an advisory capacity to the chairperson of the board of land and natural resources;

     (2)  Require the department of land and natural resources to provide budgetary and administrative support to the aha moku advisory committee;

     (3)  Amend the allowable uses of the special land and development fund to include the expenses incurred by the aha moku advisory committee; and

     (4)  Provide funding for authorized expenses incurred by the aha moku advisory committee by making an appropriation from the special land and development fund for this purpose.

     SECTION 2.  Section 171-4.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§171-4.5[]]  Aha moku advisory committee; established.  (a)  There is established the aha moku advisory committee to be placed within the department of land and natural resources for administrative purposes[.] only.  The committee may advise the chairperson of the board of land and natural resources in carrying out the purposes of this section.

     (b)  The committee shall consist of eight members appointed by the governor and confirmed by the senate from a list of nominations submitted by the aha moku councils of each island.  [Oversight of the aha moku advisory committee shall be by the chairperson of the board of land and natural resources.]  The committee members shall select the committee chairperson from among the members.

     (c)  The members shall not receive compensation for their service, but shall be reimbursed for necessary expenses, including travel expenses, as well as native Hawaiian protocol expenses including but not limited to items of cultural or ceremonial importance, incurred while participating in meetings and events [approved in advance by the chairperson of the board of land and natural resources].

     The aha moku advisory committee may hire an executive director who shall be exempt from chapter 76.  The executive director may hire an administrative or executive assistant to assist the executive director in accomplishing the purposes of the aha moku advisory committee.

     (d)  The aha moku advisory committee may provide advice on the following:

     (1)  Integrating indigenous resource management practices with western management practices in each moku;

     (2)  Identifying a comprehensive set of indigenous practices for natural resource management;

     (3)  Fostering the understanding and practical use of native Hawaiian resource knowledge, methodology, and expertise;

     (4)  Sustaining the State's marine, land, cultural, agricultural, and natural resources;

     (5)  Providing community education and fostering cultural awareness on the benefits of the aha moku system;

     (6)  Fostering protection and conservation of the State's natural resources; and

     (7)  Developing an administrative structure that oversees the aha moku system.

     (e)  The committee shall submit an annual report in English and Hawaiian to the legislature and the chairperson of the board of land and natural resources no later than twenty days prior to the convening of each regular legislative session.  The annual report shall include a list of all recommendations made by the committee and the resulting action taken by the department over the course of the prior year.

     (f)  The department of land and natural resources shall provide budgetary and administrative support to the aha moku advisory committee.  Funding for the salaries of the executive director and administrative assistant, conducting meetings, and in support of other functions of the state aha moku system and aha moku advisory committee shall be included in the budget of the department.  Federal and other funds that become available to the department may be used to offset administrative costs incurred by the department for purposes of this subsection."

     SECTION 3.  Section 171-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is created in the department a special fund to be designated as the "special land and development fund".  Subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959, all proceeds of sale of public lands, including interest on deferred payments; all moneys collected under section 171-58 for mineral and water rights; all rents from leases, licenses, and permits derived from public lands; all moneys collected from lessees of public lands within industrial parks; all fees, fines, and other administrative charges collected under this chapter and chapter 183C; a portion of the highway fuel tax collected under chapter 243; all moneys collected by the department for the commercial use of public trails and trail accesses under the jurisdiction of the department; transient accommodations tax revenues collected pursuant to section 237D-6.5(b)(5); and private contributions for the management, maintenance, and development of trails and accesses shall be set apart in the fund and shall be used only as authorized by the legislature for the following purposes:

     (1)  To reimburse the general fund of the State for advances made that are required to be reimbursed from the proceeds derived from sales, leases, licenses, or permits of public lands;

     (2)  For the planning, development, management, operations, or maintenance of all lands and improvements under the control and management of the board pursuant to title 12, including but not limited to permanent or temporary staff positions who may be appointed without regard to chapter 76; provided that transient accommodations tax revenues allocated to the fund shall be expended as provided in section 237D-6.5(b)(5);

     (3)  To repurchase any land, including improvements, in the exercise by the board of any right of repurchase specifically reserved in any patent, deed, lease, or other documents or as provided by law;

     (4)  For the payment of all appraisal fees; provided that all fees reimbursed to the board shall be deposited in the fund;

     (5)  For the payment of publication notices as required under this chapter; provided that all or a portion of the expenditures may be charged to the purchaser or lessee of public lands or any interest therein under rules adopted by the board;

     (6)  For the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department;

     (7)  For the payment to private land developers who have contracted with the board for development of public lands under section 171-60;

     (8)  For the payment of debt service on revenue bonds issued by the department, and the establishment of debt service and other reserves deemed necessary by the board;

     (9)  To reimburse the general fund for debt service on general obligation bonds issued to finance departmental projects, where the bonds are designated to be reimbursed from the special land and development fund;

    (10)  For the protection, planning, management, and regulation of water resources under chapter 174C; [and]

    (11)  For any authorized expenses incurred by the aha moku advisory committee; and

   [(11)] (12)  For other purposes of this chapter."

     SECTION 4.  There is appropriated out of the special land and development fund the sum of $         or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for authorized expenses incurred by the aha moku advisory committee. 

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Aha Moku System; Aha Moku Advisory Committee; Funding

 

Description:

Clarifies that the Aha Moku Advisory Committee is placed within DLNR for administrative purposes only.  Requires DLNR to provide budgetary and administrative support to the Committee.  Allows the Special Land and Development Fund to be used for authorized expenses incurred by the Committee.  Appropriates funds.  (HB231 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.