Bill Text: HI SB2843 | 2022 | Regular Session | Introduced

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Bill Title: Relating To The Leasing Of Public Lands By The Military.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-31 - Re-Referred to PSM/WTL, JDC/WAM. [SB2843 Detail]

Download: Hawaii-2022-SB2843-Introduced.html

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THE SENATE	S.B. NO.	2843
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the leasing of public lands by the military.

 

 

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

 

     SECTION 1.  The legislature finds that Article XI, section 1, of the Hawaii State Constitution provides that:

For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State.  All public natural resources are held in trust by the State for the benefit of the people.

     The legislature further finds that public lands should be managed in the spirit of malama aina and that the military's use of public land has been inconsistent with that spirit.  The legacy of Kahoolawe, Waikane, Makua, Pohakuloa, and Red Hill are tragic.  The Navy failed to clear all unexploded ordnance from Kahoolawe.  A federal court concluded that the Army "failed to use good faith efforts to develop a plan and secure funding for [clearing unexploded ordinance] from the high priority sites that the Army was supposed to identify" in Makua pursuant to a settlement agreement.  Portions of the state land at Pohakuloa are, according to a state circuit court, heavily contaminated on the surface with material potentially presenting an explosive hazard that pose a significant danger to public health and welfare.  Multiple fuel leaks at the Red Hill underground storage facility contaminated Oahu's water supply.

     The legislature recognizes and acknowledges the State's kuleana to "take an active role" in preserving its trust lands, as specified in Ching v. Case, 145 Haw. 148, 449 P.3d 1146 (2019).

     The legislature believes that with sixty-five-year leases to the military due to expire shortly, it is time to return those lands to the people of Hawaii and limit the impacts to Hawaii's precious natural and cultural resources.

     The purpose of this Act is to require the board of land and natural resources to adopt certain restrictions regarding land dispositions to the United States military.

     SECTION 2.  Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to part II, subpart B, to be appropriately designated and to read as follows:

     "§171-     Leases to the military.  (a)  Each applicant that seeks to lease public lands for use by any branch of the military shall consult with public trust beneficiaries before submitting an application.  The application shall include a management plan that takes into consideration the input from the consulted public trust beneficiaries.

     (b)  The board shall review the application and management plan and determine:

     (1)  Whether the proposed activities further the public interest; and

     (2)  Whether the management plan will use reasonable management practices and prevent the degradation of natural and cultural resources.

If the board determines that the management plan does not further the public interest or prevent the degradation of natural and cultural resources, the board shall deny the application.

     (c)  If a lease is approved, the management plan shall become an exhibit to the lease.

     (d)  Each lease of public lands for use by any branch of the military shall:

     (1)  Require the lessee to submit annual reports demonstrating that the approved conditions or management plan have been implemented and continue to be met;

     (2)  Require a minimum annual rent based on the fair market value of the lands to be leased, as determined by an appraiser for the board.  If the applicant does not agree with the fair market value, the board shall have sole discretion to resolve the dispute; provided that the resolution is consistent with the public trust;

     (3)  Have a maximum term of ten years; and

     (4)  Prohibit the renewal or extensions of the terms.

     (e)  For the purpose of developing or assisting in the development of any rule, enforcing this chapter, enforcing rules adopted by the board, or determining compliance with any lease entered into pursuant to this section, upon the request of the department, the lessee shall:

     (1)  Furnish information relating to the use of the leased premises;

     (2)  Conduct monitoring or testing; and

     (3)  Permit a designated representative at all reasonable times to have access to and to copy all records relating to the leased property.

     (f)  For the purpose of developing or assisting in the development of any rule, enforcing this chapter, enforcing rules adopted by the board, or determining compliance with any lease entered into pursuant to this section, any duly authorized representative of the department may:

     (1)  Enter the leased public lands, including any establishment or place on the leased lands, at reasonable times; and

     (2)  Inspect, monitor, or test the soils, air, surface water, or groundwater of the leased public lands.

     (g)  The public lands leased pursuant to this section, or any portion thereof, shall be subject to withdrawal by the board at any time during the term of the lease with reasonable notice and compensation for public uses or purposes, including residential, commercial, industrial, or resort developments, for constructing new roads or extensions, or changes in line or grade of existing roads, for rights-of-way and easements of all kinds, and shall be subject to the right of the board to remove soil, rock, or gravel as may be necessary for the construction of roads and rights-of-way within or without the demised premises.

     (h)  Upon the violation of any condition or term of any lease to be observed or performed by the lessee or tenant pursuant to this section, the board, after the notice of default as provided in section 171-20, and subject to the rights of each holder of record having a security interest as provided in section 171-21, shall terminate the lease or tenancy and take possession of the leased land, without demand or previous entry and without legal process, together with all improvements placed thereon, and shall retain all rent paid in advance as damages for the violations.

     (i)  The board shall adopt rules pursuant to chapter 91 to effectuate this section."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Department of Land and Natural Resources; Public Lands; Leases; Military

 

Description:

Establishes duration, environmental, and other restrictions on public lands leased to the military.

 

 

 

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