HOUSE OF REPRESENTATIVES	H.B. NO.	1914
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

relating to public lands.

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

     SECTION 1.  The legislature finds that historic property is a unique and irreplaceable public trust resource.  The legislature further finds that chapter 171, Hawaii Revised Statutes, fails to provide guidance with respect to public land involving historic property.  The State, as trustee of the public trust assets, including those related to historic property, has duties greater than that of a business manager, and must take into consideration that the "beneficiaries of the public trust are not just present generations but those to come."  In re Waiola O Molokai, 103 Hawaii'i 401, 421-22, 83 P.3d 664, 684-85 (2004).

     The purpose of this Act is to establish guidelines to be met by the State before it conveys, transfers, or exchanges an interest in public land involving historic property.

     SECTION 2.  Section 6E-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department may [dispose of the historic] convey, transfer, or exchange any interest in:

(1) Historic property for which it holds title; or

(2) Public land involving a history property,

subject to chapter 171 [and subject further to those]; provided that the conveyance, transfer, or exchange substantially advances the interests of historic preservation; and provided further that the conveyance, transfer, or exchange is protected through reservations, restrictions, covenants, or conditions [which] that relate to the preservation of the historic property[, such as] or the public land involving the history property being conveyed, transferred, or exchanged, including rights of access, public visitation, operation, maintenance, restoration, and repair.  The department shall determine the conditions for any research affecting the historic property and may issue permits for the research."

     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  Statutory material to be repealed is bracketed and stricken.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:

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Report Title:

Historic Property; Public Lands

Description:

Requires that conveyances, transfers, and exchanges of historic property or public land involving a historic property be done to advance historic preservation. 

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