Bill Text: HI SB2215 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 2215 (Prior Session Legislation)

Introduced

Bill Title: Public Land Development; Tradition and Customary Rights

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-23 - (S) Referred to WLH/HWN, JDL. [SB2215 Detail]

Download: Hawaii-2012-SB2215-Introduced.html

THE SENATE	S.B. NO.	2215
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO NATIVE HAWAIIAN TRADITIONAL AND CUSTOMARY RIGHTS.

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

SECTION 1. Chapter 171C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171C- Protection of traditional and customary rights. Notwithstanding any provision of this chapter to the contrary, the corporation shall consult with the office of Hawaiian affairs regarding the corporation's projects, activities, and rules, to ensure that its activities and rules shall not diminish any right, customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupuaa tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights, as stated in article XII, section 7, of the Hawaii state constitution and relevant case law."

SECTION 2. Section 171C-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The corporation shall prepare the Hawaii public land optimization plan, which shall define and establish goals, objectives, policies, and priority guidelines for its public land optimization development strategy. The plan shall include:

(1) An inventory of public lands with suitable, adequate development potential that are or will become available that can be used to meet present and future land development needs;

(2) Protection of culturally-sensitive areas[;] and cultural practices, including traditional and customary native Hawaiian rights protected pursuant to article XII, section 7, of the Hawaii state constitution;

(3) Feasible strategies for the promotion and marketing of any projects, including but not limited to leisure, recreational, commercial, residential, time share, hotel, office space, and business projects, in local, national, and international markets;

(4) Proposals to improve the gathering of data and the timely presentation of information on market demands and trends that can be used to plan future projects; and

(5) Strategies for federal and state legislative actions that will promote the development and enhancement of Hawaii's public lands."

SECTION 3. Section 171C-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The corporation [~~may~~] shall initiate and coordinate the preparation of business and public land development plans for each of its projects. The plans shall include [a]:

(1) A proposal for the organization of the enterprise[~~, a~~];

(2) A marketing strategy[~~, marketing-related~~];

(3) Marketing-related information[~~, the~~];

(4) The impact on existing development or visitor-related industries throughout the State[~~, and a~~];

(5) A recommendation for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any infrastructure or accessory facilities in connection with any project[.]; and

(6) A culturally sensitive development plan that shall include:

(A) The identification and description of the cultural practices, including traditional and customary native Hawaiian rights protected pursuant to article XII, section 7, of the Hawaii state constitution, and cultural, historic, and natural resources in the ahupuaa in which the project is proposed;

(B) An assessment of the project's potential effects on cultural practices, including traditional and customary native Hawaiian rights protected pursuant to article XII, section 7, of the Hawaii state constitution, and cultural, historic, and natural resources; and

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Public Land Development; Tradition and Customary Rights

Description:

Requires the public land development corporation to consult with the office of Hawaiian affairs on the corporation's projects, activities, and rules. Requires the Hawaii public land optimization plan to include protection of traditional and customary native Hawaiian rights. Requires the corporation to initiate and coordinate development plans to include a culturally sensitive development plan.

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