HB1826.DOC

SECTION 1. The legislature finds that it is in the interest of the State and all the people of Hawaii to resolve native Hawaiian claims to ceded lands, and until such time the legislature also finds the sale or exchange of ceded lands to be a breach of the fiduciary responsibility of the State as a steward of those lands under article XII, section 4, of the Constitution of the State of Hawaii.

The purpose of this Act is to prohibit the sale or exchange of ceded lands by the State.

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§171-A Sale of lands in the public land trust. (a) Notwithstanding any law to the contrary, no sale in fee simple shall be made of:

(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 of Hawaii by virtue of section 5(b) of the Admission Act of 1959; or

(2) Lands retained by the United States under section 5(c) and (d) of the Admission Act of 1959 and later conveyed to the State under section 5(e) or under the Act of December 23, 1964 (Pub. Law 88-233, 77 Stat. 472).

§171-B Exchange of lands in the public land trust for private land. (a) Notwithstanding any law to the contrary, no exchange shall be made of:

SECTION 3. Section 171-13, Hawaii Revised Statutes, is amended to read as follows:

"§171-13 Disposition of public lands. Except as otherwise provided by law and subject to other provisions of this chapter, the board may:

(1) Dispose of public land in fee simple, by lease, lease with option to purchase, license, or permit[~~; and~~], except that dispositions that result in or may result in alienation of the fee of lands:

(A) 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 of Hawaii by virtue of section 5(b) of the Admission Act of 1959; or

(B) Lands retained by the United States under section 5(c) and (d) of the Admission Act of 1959 and later conveyed to the State under section 5(e) or under the Act of December 23, 1964 (Pub. Law 88-233, 77 Stat. 472), are subject to section 171-A and 171-B; and

(2) Grant easement by direct negotiation or otherwise for particular purposes in perpetuity on [~~such~~] terms as may be set by the board, subject to reverter to the State upon termination or abandonment of the specific purpose for which it was granted, provided the sale price of [~~such~~] the easement shall be determined pursuant to section 171-17(b).

No person shall be eligible to purchase or lease public lands, or to be granted a license, permit, or easement covering public lands, who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands cancelled for failure to satisfy the terms and conditions thereof."

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statues shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval and shall be repealed on June 30, 2013.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1826
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII