HOUSE OF REPRESENTATIVES	H.B. NO.	515
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 3
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO REMNANTS.

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

     SECTION 1.  The legislature finds that the definition of the term "remnant" in section 171-52, Hawaii Revised Statutes, along with broad interpretations of the definition, have led to confusion regarding its scope and applicability.  This ambiguity has resulted in a lack of transparency, as significant parcels of public lands, including public land trust lands, have been disposed of without legislative approval or public auction, which otherwise would have been required.

     The legislature further finds that given the history and sensitivity of land use and ownership in Hawaii, the limited land resources of our island state, the state constitutional requirement that ensures that public lands are held in trust for subsistence, native Hawaiian cultural and religious purposes, and for the benefit of future generations, it is necessary to clarify the definition of and disposition restrictions on state remnants.

     The purpose of this Act is to clarify the definition of the term "remnant" and restrictions on the disposition of remnants in order to ensure that remnants are treated consistently with the State's constitutional mandate under the public land trust.

     SECTION 2.  Section 171-52, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Disposition restriction.  No parcel shall be disposed of as a remnant:

(1)  [solely] Solely for the reason that it lacks an adequate access[.]; or

(2) If the board finds that the parcel contains:

(A)  Natural or cultural resources necessary for the exercise of native Hawaiian subsistence, cultural, or religious practices pursuant to the state constitution;

(B) Natural resources that should be protected or conserved for the benefit of current or future generations; or

(C) Public access to public lands, such as beaches, coastal resources, or mountain resources."

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 4.  This Act shall take effect on July 1, 2030.

Report Title:

Public Lands; Remnants; Definition; Disposition

Description:

Clarifies the definition of the term "remnant" for purposes relating to the disposition of public lands.  Prohibits disposition as a remnant of land that contains resources necessary for the exercise of native Hawaiian subsistence, cultural, or religious practices; resources that should be protected or conserved; or public access to public lands.  Takes effect on 7/1/2030.  (SD1)

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