SB1543

SECTION 1. Chapter 201H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§201H- Non-alienation of ceded lands and kuleana lands. (a) Notwithstanding any other law to the contrary, the corporation shall not, without the consent of the board of trustees of the office of Hawaiian affairs, engage in any transaction, arrangement, or other activity that requires the sale, exchange, or other alienation, by or on behalf of any person, agency, or party, of ceded lands or kuleana lands.

(b) For purposes of this section:

"Ceded lands" means:

(1) Lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and granted to the State by virtue of section 5(b) of the Admission Act of 1959; or

(2) Lands retained by the United States under Sections 5(c) and 5(d) of the Admission Act of 1959 and later conveyed to the State under section 5(e).

"Kuleana lands" means those lands granted to native tenants pursuant to L. 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges," as originally enacted and amended."

SECTION 2. Section 201H-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) For the purpose of aiding and cooperating in the planning, construction, and operation of housing projects located within their respective territorial boundaries, any state or county agency, upon those terms, with or without consideration, as it determines, may:

(1) Dedicate, grant, sell, convey, or lease any of its property or grant easements, licenses, or any other rights or privileges therein to the corporation or to the federal government;

(2) To the extent that it is within the scope of the agency:

(A) Cause the services customarily provided by the agency to be rendered for the benefit of housing projects and the occupants thereof;

(B) Provide and maintain parks and sewage, water, lights, and other facilities adjacent to or in connection with housing projects;

(C) Open, close, pave, install, or change the grade of streets, roads, roadways, alleys, sidewalks, or other related facilities; and

(D) Change the map of a political subdivision or plan, replan, zone, or rezone any part of a political subdivision;

(3) Enter into agreements with the corporation with respect to the exercise of their powers relating to the repair, closing, or demolition of unsafe, unsanitary, or unfit dwellings;

(4) Employ, notwithstanding any other law as to what constitutes legal investments, any available funds belonging to them or within their control, including funds derived from the sale or furnishing of property or facilities to the corporation, in the purchase of bonds or other obligations of the corporation to the extent provided under section 201G-161; and exercise all the rights of any holder of the bonds or other obligations;

(5) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, and construction of such housing projects; and

(6) Enter into contracts with the corporation or the federal government for any period agreeing to exercise any of the powers conferred hereby or to take any other action in aid of such housing projects.

In connection with the exercise of this power, any political subdivision may incur the entire expense of any such public improvements located within its territorial boundaries without assessment against abutting property owners.

For the purpose of aiding and cooperating in the planning, construction, and operation of housing projects, the department of land and natural resources, the Hawaiian homes commission, and any other agency of the State having power to manage or dispose of its public lands, with the approval of the governor and with or without consideration, may grant, sell, convey, or lease, for any period, any parts of such public lands, without limit as to area, to the corporation or to the federal government.

Any law to the contrary notwithstanding, any gift, grant, sale, conveyance, lease, or agreement provided for in this section may be made by the state or county government without appraisal, public notice, advertisement, or public bidding.

If at any time title to, or possession of, any housing project is held by any governmental agency authorized by law to engage in the development or corporation of low-rent housing or slum clearance projects, any agreement made under this chapter relating to the project shall inure to the benefit of and may be enforced by that governmental agency.

[~~Insofar as this subsection is inconsistent with the provisions of any other law, this subsection shall be controlling.~~]"

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1543
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII