Report Title:

Biological Diversity; Protection; State Lands

Description:

Protects the biological diversity on state lands even if they are leased or sold.

HOUSE OF REPRESENTATIVES	H.B. NO.	2709
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to biodiversity.

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

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

"PART  .  RESERVATION AND DISPOSITION OF GOVERNMENT BIODIVERSITY RIGHTS

§   -1  Definitions.  As used in this part, unless the context otherwise requires:

"Biodiversity" means the total variety of life on earth, including genes, species, and ecosystems and the complex interactions among them.

     "State lands" includes all public and other lands, including but not limited to submerged lands, owned or in the possession, use, and control of the then Territory of Hawaii or the State of Hawaii, or any of its agencies.

§   -2  Biodiversity rights.  (a)  Except as provided in this section, the rights to any biodiversity in, on, or under state lands or lands that hereafter become state lands shall not be transferred by any lease, sale, right of entry, or other agreement, these rights to biodiversity being reserved to the State.

(b)  Disposition of biodiversity rights shall be in accordance with the laws relating to the disposition of biodiversity rights enacted or hereinafter enacted by the legislature."

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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