SB2907 SD1

THE SENATE	S.B. NO.	2907
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE PASTORAL AND AGRICULTURAL HOMESTEADING DIVISION OF THE DEPARTMENT OF HAWAIIAN HOME LANDS.

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

SECTION 1. Pastoral and agricultural homesteading is one of the major programs of the department of Hawaiian home lands that is necessary to satisfy the mandates of the Hawaiian Homes Commission Act of 1920, as amended. Unless priority is given to pastoral and agricultural programming, emphasis upon utilizing trust lands for beneficiary purposes will be lost to commercial development. The legislature finds that pastoral and agricultural endeavors are consistent with the State's strategies.

The purpose of this Act is to establish within the department of Hawaiian home lands a pastoral and agricultural homesteading division, and to make an appropriation for implementation of the division.

SECTION 2. The Hawaiian Homes Commission Act, 1920, as amended, is amended by adding a new section to be appropriately designated and to read as follows:

"§ . Pastoral and agricultural homesteading division. (a) There is established within the department of Hawaiian home lands a pastoral and agricultural homesteading division. The purpose of the division shall be to plan, implement, and manage a pastoral and agricultural program that promotes and perpetuates the homesteading of Hawaiian home lands; provided that the homesteading is consistent with:

(1) The development of home, agriculture, farm and ranch lots; and

(2) The home, agriculture, aquaculture, farm and ranch loans referred to in section 1 of article XII of the constitution of the State of Hawaii.

(b) For purposes of subsection (a), the pastoral and agricultural homesteading division shall:

(1) Protect against the loss of Hawaiian home lands to commercial development that is not compatible with subsection (a), including by advocating on behalf of existing native Hawaiian lessees under section 207 that have agricultural, aquaculture, or pastoral leases in order to preserve the use of those lands for the purposes of their leases; and

(2) Develop and implement plans and projects that maximize the use of Hawaiian home lands by maximizing the use of those lands that are prime for agricultural use by reason of location, soil conditions, and other relevant factors; provided that any development shall not be commercial development within the meaning of paragraph (1)."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the pastoral and agricultural homesteading division of the department of Hawaiian home lands.

The sum appropriated shall be expended by the department of Hawaiian homelands for the purposes of this Act.

SECTION 4. The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.

SECTION 5. This Act shall take effect upon its approval; provided that section 3 shall take effect on July 1, 2008.