HB 2377: DAB; DLNR; Non-Agricultural Park Lands; Transfer; Easements

A BILL FOR AN ACT

relating to the transfer of non-agricultural park lands.

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

     SECTION 1.  The legislature finds that Act 90, Session Laws of Hawaii 2003 (Act 90), was enacted to authorize the transfer of certain non-agricultural park lands from the department of land and natural resources to the department of agriculture and biosecurity.

     The legislature further finds that Act 139, Session Laws of Hawaii 2021, established a working group to assess the process, status, challenges, and potential remedies regarding the transfer of non-agricultural park lands to fulfill the purposes of Act 90.  A key finding of the working group is that lands under the department of land and natural resources that are used primarily for agricultural production should be transferred to the department of agriculture and biosecurity according to the processes and conditions established in Act 90.

     Accordingly, the purpose of this Act is to:

     (1)  Require, rather than authorize, the department of agriculture and biosecurity to accept the transfer of and manage certain qualifying non-agricultural park lands;

     (2)  Authorize the department of agriculture and biosecurity to request from the department of land and natural resources, prior to any transfer of certain qualifying non-agricultural park lands, any information related to the establishment of necessary and reasonable easements; and

     (3)  Require the department of land and natural resources to obtain approval from the board of land and natural resources and board of agriculture and biosecurity before removing any pasture lands for reforestation or other public purposes.

     SECTION 2.  Section 166E-1, Hawaii Revised Statutes, is amended to read as follows:

     "§166E-1  Legislative findings.  The legislature finds that article XI, section 10, of the [state constitution] Hawaii State Constitution establishes that "the public lands shall be used for the development of farm and [homeownership] home ownership on as widespread a basis as possible, in accordance with procedures and limitations prescribed by law."

     Therefore, the legislature finds that certain public lands classified by the department of land and natural resources for agricultural use [by the department of land and natural resources], including all lands designated as intensive agricultural use, special livestock use, and pasture use under section 171-10, should be transferred to the department of agriculture and biosecurity[, with the approval of the board of land and natural resources and the board of agriculture and biosecurity,] for purposes and in a manner consistent with article XI, section 10, of the [state constitution.] Constitution of the State of Hawaii.

     The purpose of this chapter is to ensure the long-term productive use of public lands leased or available to be leased by the department of land and natural resources for agricultural purposes, including pasture use, by allowing these lands to be transferred to and managed by the department of agriculture and biosecurity."

     SECTION 3.  Section 166E-3, Hawaii Revised Statutes, is amended to read as follows:

     "§166E-3  Transfer and management of non-agricultural park lands and related facilities to the department of agriculture and biosecurity.  (a)  Upon [mutual agreement and] approval of the board [and the board of land and natural resources]:

     (1)  The department [may] shall accept the transfer of and manage certain qualifying non-agricultural park lands[;], subject to the suitability of the land for agricultural activities and use, as determined by the board; and

     (2)  Certain assets, including position counts, related to the management of existing encumbered and unencumbered non-agricultural park lands and related facilities shall be transferred to the department[.];

provided that any designated conservation lands not in current agricultural use shall remain under the jurisdiction of the department of land and natural resources.

     (b)  The department shall administer a program to manage the transferred non-agricultural park lands under rules adopted by the board pursuant to chapter 91.  The program and its rules shall be separate and distinct from the agricultural park program and its rules.  Non-agricultural park lands are not the same as, and shall not be selected or managed as are lands under agricultural park leases.  Notwithstanding any other law to the contrary, the program shall include the following conditions pertaining to encumbered non-agricultural park lands:

     (1)  The lessee or permittee shall perform in full compliance with the existing lease or permit;

     (2)  The lessee or permittee shall not be in arrears in the payment of taxes, rents, or other obligations owed to the State or any county;

     (3)  The lessee's or permittee's agricultural operation shall be economically viable as specified by the board; and

     (4)  No encumbered or unencumbered non-agricultural park lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be transferred for the use or development of golf courses, golf driving ranges, [and] or country clubs.

The transfer of non-agricultural park lands shall be done in a manner to be determined by the board of agriculture and biosecurity.

     (c)  For any encumbered or unencumbered non-agricultural park lands transferred to the department that are not being utilized or required for the public purpose stated, the order setting aside the lands shall be withdrawn and the lands shall be returned to the department of land and natural resources.

     (d)  Prior to the transfer of certain qualifying non‑agricultural park lands, the department may request from the department of land and natural resources information related to the establishment of necessary and reasonable easements upon the lands.

     (e)  Prior to the withdrawal of any land designated for pasture leases for reforestation or other public purposes:

     (1)  The department of land and natural resources shall:

          (A)  Obtain approval from the board of land and natural resources and board of agriculture and biosecurity; and

          (B)  If withdrawal is approved pursuant to subparagraph (A) and paragraph (2), provide adequate notice of no less than one year to the then-current lessee or permittee; and

     (2)  The division of forestry and wildlife shall obtain from the board of land and natural resources approval of a feasible and funded action plan for reforestation or other conservation purposes on current pasture lease lands."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

DAB; DLNR; Non-Agricultural Park Lands; Transfer; Easements

Description:

Requires the Department of Agriculture and Biosecurity to accept the transfer of and manage certain qualifying non-agricultural park lands.  Authorizes the Department of Agriculture and Biosecurity to request information related to easements prior to any transfer of certain qualifying non-agricultural park lands.  Requires approval from the Board of Land and Natural Resources and Board of Agriculture and Biosecurity and an approved feasible and funded action plan before pasture lands are removed for reforestation or other public purposes.

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