Bill Text: HI SB351 | 2018 | Regular Session | Amended

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Bill Title: Relating To The Aha Moku Advisory Committee.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2018-03-23 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) C. Lee, Lowen, McDermott, Souki, Tokioka excused (5). [SB351 Detail]

Download: Hawaii-2018-SB351-Amended.html

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THE SENATE	S.B. NO.	351
TWENTY-NINTH LEGISLATURE, 2017		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

 

 

RELATING TO THE AHA MOKU ADVISORY COMMITTEE.

 

 

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

 

     SECTION 1.  The legislature finds that over the past two hundred years, Hawaii has experienced extensive changes, including the deterioration of the Hawaiian culture, language, values, and land tenure system, which have, in part, resulted in the over-development of the coastline, alteration of fresh water streams, destruction of life-giving watersheds, decimation of the coral reefs, and decline of endemic marine and terrestrial species.  As a result, in 2012, the legislature passed Act 288, Session Laws of Hawaii 2012, which established the aha moku advisory committee within the department of land and natural resources for administrative purposes.  Act 288 formally recognizes the aha moku system, a traditional system of best practices of ahupua‘a, regional site-specific geographic areas, that acknowledges the natural contours of land, natural resources located within those areas, and methodology necessary to sustain resources and the community.  The role of the aha moku advisory committee is to advise the chairperson of the board of land and natural resources regarding the aha moku system, on issues related to land and natural resources.

     The legislature further finds that the aha moku advisory committee has continued to fulfill its mission by working with the eight main Hawaiian islands, which encompass forty-six traditional moku, in which six hundred nine ahupua‘a are listed.  Since 2012, the aha moku advisory committee has documented its accomplishments in a report to the legislature and included recommendations from all of the main Hawaiian islands.  Additionally, the reports list resource issues relating to the aha moku system that were brought to the attention of the department of land and natural resources.  Most of these issues were mitigated within the department at a divisional level to the satisfaction of the inquiring communities.

     The success of the aha moku system also brings forth the voices of the public, including native Hawaiians, to the department of land and natural resources with regard to natural and cultural resources, distinct environments, and specific ecosystems independently of government influence.  This autonomy of being attached to, but not being under the jurisdiction of, the department of land and natural resources ensures a collaborative rapport between the aha moku advisory committee and the department of land and natural resources, its divisions, and the board of land and natural resources.

     The legislature further finds that although Act 288, Session Laws of Hawaii 2012, included funding for the aha moku advisory committee, the funds were never released.  As a result, it has been difficult for the aha moku advisory committee to continue to fulfill its mission and duties.

     The purpose of this Act is to:

     (1)  Require the department of land and natural resources to include the expenses for conducting meetings and other related functions of the state aha moku system and aha moku advisory committee in the department's budget and provide administrative support to the aha moku advisory committee;

     (2)  Allow the special land and development fund to be used for any expenses incurred by the aha moku advisory committee; and

     (3)  Appropriate funds for expenses of the aha moku advisory committee.

     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.  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, 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 budgetary requirements for conducting meetings and other related functions of the state aha moku system and aha moku advisory committee, including the salaries of the executive director and administrative or executive assistant, shall be included in the department's budget.  The department shall provide administrative support to the aha moku advisory committee.  If appropriate, federal moneys and other moneys that become available to the department may be used to offset administrative costs incurred by the department for the 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] that 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 expenses incurred by the aha moku advisory committee in the course of fulfilling its duties under section 171-4.5; and

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

     SECTION 4.  There is appropriated out of the          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 expenses incurred by the aha moku advisory committee in the course of fulfilling its duties under section 171-4.5, Hawaii Revised Statutes; provided that $         of the funds appropriated shall be divided proportionately, as determined by the aha moku advisory committee, among the eight areas represented by the aha moku advisory committee members and to fund the annual Puwalu event.

     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, 2058.

 

Report Title:

Aha Moku Advisory Committee; Department of Land and Natural Resources; Budget; Appropriation

 

Description:

Amends various provisions related to the Aha Moku Advisory Committee, including budgetary requirements.  Appropriates funds for expenses of the Aha Moku Advisory Committee and the annual Puwalu event.  (SB351 HD1)

 

 

 

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