Report Title:

Aha Moku; Aha Kiole Council; Aha Ahupua'a Council

Description:

Establishes the Aha Ahupua‘a Task Force to establish a hiearchy of natural resource advisory councils known as Aha Ahapua‘a Councils.  Establishes an Aha Kiole Council and Aha Moku councils to advise the state and counties on traditional land management and natural resources issues.

HOUSE OF REPRESENTATIVES	H.B. NO.	1806
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to hawaiian natural resource management.

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

PART I

     SECTION 1.  (a)  There is established within the department of land and natural resources, for administrative purposes only, an aha ahapua‘a council task force to establish natural resource advisory councils, to be known as aha ahapua‘a councils, and create the foundation for a system of best practices based upon Hawaiian resource management practices that acknowledge the natural contours of land, the specific resources located within an area, and the methodology necessary to sustain those resources and the community.

     (b)  The task force shall be comprised of twelve members who shall be appointed by the governor without regard to sections 26-34 and 78-4, Hawaii Revised Statutes, from a list of nominations submitted by the Association of Hawaiian Civic Clubs.  The governor shall appoint members to the task force no later than December 30, 2009.

     (c)  The members of the task force shall select the chair and vice chair of the task force and shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties.  Members of the task force may designate a representative for the purpose of attendance at task force meetings.

     (d)  The task force shall:

     (1)  Meet as necessary to plan for the implementation of this Act, including the preparation of reports and proposed legislation necessary to carry out the purposes of this Act;

     (2)  Define boundaries throughout the state based on the ahupua‘a land system practiced by ancient Hawaiians;

     (3)  Establish a methodology for the election of members to the aha ahapua‘a councils;

     (4)  Inform residents belonging to an ahupua‘a about the aha ahapua‘a councils to be established and the methodology to be used for the election of members to the aha ahapua‘a councils;

     (5)  Conduct community meetings in each ahupua‘a to elect representatives to each aha ahapua‘a council in accordance with the following timetable:

          (A)  By June 30, 2010, twenty-five per cent of the elections shall be completed;

          (B)  By December 31, 2010, fifty per cent of the elections shall be completed;

          (C)  By June 30, 2011, seventy-five per cent of the elections shall be completed; and

          (D)  By December 31, 2011, all elections shall be completed; and

(6)  Establish a timetable for the elections for each of the councils.

     (d)  The department of land and natural resources shall provide the administrative, technical, and clerical support services necessary to assist the task force in achieving its purpose as required under this Act.

     (e)  The task force shall submit a report of its findings, recommendations for implementation of the aha ahupua‘a council system, and actions taken to begin implementation of the aha ahupua‘a council system, including any proposed legislation necessary for the implementation of the aha ahupua‘a council system, no later than twenty days prior to the convening of the regular session of 2010.

     (f)  The aha ahapua‘a council task force shall cease to exist after December 31, 2011.

PART II

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

“Chapter

AHA MOKU SYSTEM

§     -1  Definitions.  As used in this chapter:

     "Ahapua‘a" means a Hawaiian land division running from the mountains to the ocean.

     "Moku" means the largest Hawaiian island regional boundary.   §     -2  Aha kiole council; established.  (a)  There is established an aha kiole council within the department of land and natural resources for administrative purposes only.  The aha kiole council shall consist of eight members who shall be selected by the aha moku council established under section    -4; provided that each of the main Hawaiian islands shall be represented by one member.

     (b)  One member, who shall be selected by a two-thirds vote of the aha kiole council, shall serve as chairperson of the aha kiole council.

     (c)  A vacancy in the aha kiole council shall be filled in the manner specified in subsection (a) within fifteen days of the vacancy.  A vacancy in the aha kiole council shall be filled with a person from the same island as the departing aha kiole council member.  Aha kiole council member vacancies not filled within the times specified shall be filled promptly thereafter by the chief justice of the supreme court.

     (d)  The aha kiole council shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

     (e)  The term of the aha kiole council members shall be four years, except that with respect to the terms of the initial aha kiole council members, four members shall be randomly selected and shall serve for a term of two years.

     (f)  The aha kiole council members shall serve without compensation, but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties.

§     -3  Aha kiole council; powers and duties. (a)  The aha kiole council shall:

(1)  Advise the State on traditional natural resource and land management practices;

     (2)  Deliberate and resolve any issues brought to the council by the aha moku council established under section    -4, or any issues considered by the aha kiole council as being of statewide importance, or affecting more than one island;

     (3)  Maintain an archival repository for issues and resolutions addressed by an aha moku council established under section    -4 or an aha ahupua‘a council established under section    -8; and

     (4)  Represent ahupua'as statewide in the state, national, and international arenas.

§     -4  Aha moku councils; established.  (a)  There are established within the department of land and natural resources, for administrative purposes only, eight aha moku councils, one representing each of the main Hawaiian islands.  Each aha moku council shall consist of members selected by the aha ahapua‘a council established under section    -7; provided that each aha ahupua‘a council shall be represented by one member.

     (b)  One member, who shall be selected by a two-thirds vote of the aha moku council, shall serve as chairperson of the aha moku council.

     (c)  A vacancy in the aha moku council shall be filled in the manner as specified in subsection (a) within fifteen days of the vacancy.  A vacancy in the aha moku council shall be filled with a person from the same aha ahupua‘a council as the departing aha moku council member.  Aha moku council member vacancies not filled within the times specified shall be filled promptly thereafter by the chief justice of the supreme court.

     (d)  The aha moku council shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

     (e)  The term of the aha moku council member shall be four years, except that with respect to the terms of the initial aha moku council members, fifty per cent of the members shall be randomly selected and shall serve for a term of two years.

     (f)  The aha moku council members shall serve without compensation, but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties.

§     -5  Aha moku councils; powers and duties.  (a)  Aha moku councils shall:

     (1)  Advise the counties on traditional natural resource and land management practices;

     (2)  Deliberate and resolve any issues:

         (A)  Brought to the council by an aha ahupua‘au council established under section    -8;

         (B)  Involving more than one moku; or

         (C)  Considered by the aha moku councils as being of countywide importance;

     (3)  Serve as an archival repository for issues and resolutions addressed by an aha ahupua'a council established under section    -8; and

     (4)  Elect members to the aha kiole council established under section   -2.

§     -6  Aha Ahupua‘a councils; established.  (a)  There are established within the department of land and natural resources, for administrative purposes only, aha ahupua‘a councils representing each ahupua‘a.  Each aha ahapua‘a council shall consist of members who shall be selected by the residents living in their respective ahupua‘a; provided that each ahupua‘a shall be represented by one member.

     (b)  One member, who shall be selected by a two-thirds vote of the aha ahupua‘a council, shall serve as chairperson of the aha ahupua‘a council.

     (c)  A vacancy in the aha ahupua‘a council shall be filled in the manner as specified in subsection (a) within ninety days.  A vacancy in the aha ahupua‘a council shall be filled with a person from the same ahupua‘a as the departing aha ahupua‘a council member.  Aha ahupua‘a council member vacancies not filled within the times specified shall be filled promptly thereafter by the chief justice of the supreme court.

     (d)  The aha ahupua‘a council shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

     (e)  The term of the aha ahupua‘a council member shall be four years, except that with respect to the terms of the initial aha ahupua‘a council members, fifty per cent of the members shall be randomly selected and shall serve for a term of two years.

     (f)  The aha ahupua‘a council members shall serve without compensation, but shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties.

§     -7  Aha ahupua‘a councils; powers and duties.  (a)  Aha ahupua‘a councils shall:

     (1)  Provide advice and information to the ahupua‘a community on natural resource and land management practices within the ahupua‘a;

     (2)  Deliberate and resolve any issues brought to the council concerning the lands and resources in an ahupua‘a that cannot be resolved by the ahupua‘a through a community forum or other informal social contract process, or involving more than one community within the ahupua‘a;

     (3)  Forward any issues and resolutions addressed by an aha ahupua'a council to the aha moku councils established under section    -4 and the aha kiole council established under section    -2 for archiving;

     (4)  Forward any issue involving more than one ahupua‘a or any issue identified as an island or county issue to the aha moku council established under section   -4; and

     (5)  Elect members to the aha moku council established under section   -4.

PART III

     SECTION 3.  This Act shall take effect upon its approval; provided that part II of this Act shall take effect upon the completion of the final elections held in accordance with part I of this Act.

INTRODUCED BY:

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