HB3420

SECTION 1. Throughout the State there remain certain lands that retain special cultural value. These lands are usually in rural areas and contain culturally valuable sites and resources, both tangible and intangible. These lands sustain and support native Hawaiian life styles and traditions that are retained and continue to be practiced on a daily basis. They include lands where native Hawaiian agricultural uses, such as taro cultivation, are perpetuated. These special cultural lands also include native Hawaiian gathering areas and lands where native Hawaiian activities, such as fishpond cultivation and limu gathering, are practiced. Some of these culturally special lands are found in Hana, Lahaina, and Keanae on the island of Maui; Halawa and Milolii on the island of Hawaii; the islands of Molokai, Lanai, and Kahoolawe; Waiahole, Waikane, and Kahana on the island of Oahu; and Hanalei and Hanapepe on the island of Kauai.

The purpose of this Act is to recognize and support these culturally special lands by:

(1) Establishing culturally valuable districts; and

(2) Establishing additional decision‑making criteria for any land use decision involving a culturally valuable district.

SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . CULTURALLY VALUABLE DISTRICTS

§205‑A Culturally valuable districts; definition and objectives. (a) As used in this part, "culturally valuable district" means lands:

(1) That contain valuable cultural and historical sites and resources, tangible or intangible;

(2) Where native Hawaiian agricultural uses are continued, including taro cultivation;

(3) That include native Hawaiian gathering areas for sustenance and cultural purposes; and

(4) Where native Hawaiian life styles and traditions are retained and continue to be practiced on a daily basis.

(b) The objective for the identification and designation of culturally valuable districts is to provide for the protection, perpetuation, and restoration of these valuable state resources.

§205‑B Culturally valuable districts; designation. (a) Unless designated under subsection (d), a culturally valuable district shall be designated by concurrent resolution of the legislature.

(b) Any member of the legislature may, and upon the request of any person, the president of the senate and the speaker of the house of representatives shall, introduce concurrent resolutions to designate a culturally valuable district.

(c) The concurrent resolution shall set forth the boundaries of the culturally valuable district, following natural monuments, ahupua‘a, moku, or other traditional land divisions and may extend from the highest reaches of the mountains to a designated distance beyond the shoreline. A culturally valuable district may include one or more ahupua‘a and all or part of any moku on any island. The concurrent resolution shall also include a description of how the land identified in the concurrent resolution meets the definition of a culturally valuable district.

(d) The following areas are each designated as a culturally valuable district:

(1) Hana district, Maui;

(2) Lahaina district, Maui;

(3) The island of Molokai;

(4) The island of Lanai; and

(5) The island of Kahoolawe.

§205‑C Criteria for land use decisions involving culturally valuable districts. (a) Notwithstanding any law to the contrary, any decision by the land use commission pursuant to section 205‑4 or by a county pursuant to section 46‑4, 205‑3.1, 205‑5, or 205‑6 involving lands, or any part of lands, designated as a culturally valuable district shall:

(1) Be preceded by a public hearing in the affected culturally valuable district by which the public can submit testimony for consideration; and

(2) Specifically consider, in writing, whether the public benefit from the proposed action outweighs the cultural value and significance of the land to the State.

(b) The land use commission and each county shall adopt rules, pursuant to chapter 91, as necessary to implement this part."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

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

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	3420
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII