HB2331

PART I

SECTION 1. The legislature finds that Article XI, section 1 of the state constitution provides that "[f]or the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals, and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State. All public natural resources are held in trust by the State for the benefit of the people". The legislature believes that all public lands should be managed in the spirit of malama aina.

The legislature further finds that the United States military's use of public land has been inconsistent with the principle of malama aina. The legacy of Kahoolawe, Waikane, Makua, and Pohakuloa are tragic. On Kahoolawe, the United States Navy failed to clear unexploded ordnance. Regarding Makua, a federal court concluded that the United States Army "failed to use good faith efforts to develop a plan and secure funding for clearing [unexploded ordnance] from the high priority sites that the Army was supposed to identify" pursuant to a settlement agreement. According to a state circuit court, portions of state land at Pohakuloa are heavily contaminated on the surface with material potentially presenting an explosive hazard and posing a significant danger to public health and welfare.

The legislature also finds that the United State military's sixty-five year leases are due to expire soon and believes it is time to return those lands to the people of Hawaii.

Accordingly, the purpose of this part is to prohibit any land disposition to the United States military that allows for or facilitates any military training activities.

SECTION 2. Section 171-33, Hawaii Revised Statutes, is amended to read as follows:

"§171-33 Planning; generally. (a) Prior to any notice of intended disposition, the board of land and natural resources shall:

(1) Classify the land according to its use or uses as provided in this chapter;

(2) Determine the specific use or uses for which the disposition is intended;

(3) Parcel land into units of minimum size areas related to the intended specific use or uses and sufficient for an economic operation, hereinafter called an "economic unit";

(4) Determine the requirements for the construction of building or other improvements, which are necessary or desirable to encourage the highest use of the land;

(5) Determine the upset price or lease rental, based upon the fair market value of the land employed to the specific use or uses for which the disposition is being made, with due consideration for all of the terms and conditions of the disposition;

(6) Determine the necessary conditions of disposition which will discourage speculation;

(7) In the case of leases, determine the minimum tenure necessary to support the intended use or uses and the necessity for periodic rent openings in long-term leases to assure the State a fair return;

(8) Prepare the proposed documents and make them available for public inspection;

(9) Determine, two years before the expiration of the term of any lease, whether the premises are to be demised for the same use or uses under a new lease or whether all or any part thereof is to be reserved for other use or uses and then promptly notify the lessee of the determination.

(b) The board of land and natural resources shall not approve any land disposition to the United States military that allows for or facilitates any military training activities on the subject lands."

PART II

SECTION 3. The legislature finds that the State is the custodian of Hawaii's lands and, when leasing them out, acts as a landlord. Landlords commonly establish rules for their tenants to protect the integrity and condition of the leased property. When leasing out public lands, it is within the State's authority to insist that its lessees protect the State's environment and natural resources and refrain from actions that threaten the health and safety of the State's residents.

Accordingly, the purpose of this part is to require that any lease or lease extension between the State and the United States Department of Defense or branches of the United States military include certain provisions, including an acknowledgement that the State retains authority over all environmental matters within its jurisdiction.

SECTION 4. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

LEASES OF PUBLIC LANDS by the united states military

§ -1 Lease provisions. (a) Any lease of public lands or any extension of any lease of public lands issued by the State to the United States Department of Defense or any branch of the United States military shall include provisions acknowledging that the State and its political subdivisions shall retain authority over all environmental matters within the State's jurisdiction with regard to the subject public lands, including any military facilities constructed on the lands.

(b) The lease or lease extension shall also include provisions recognizing the State's authority over, and right to intervene in, all matters affecting the health and safety of the State's residents.

(c) The lease or lease extension shall expressly provide that violation of state or federal environmental law, or any law, rule, or order on a matter affecting the health and safety of the State's residents, shall be grounds for terminating the lease.

(d) Rents charged for all leases of public lands issued to or extended with the United States Department of Defense or any branch of the United States military shall be set at the fair market value of the leased lands.

§ -2 Leases and lease extensions. No lease of public lands or any extension of any lease of public lands shall be issued by the State to the United States Department of Defense or any branch of the United States military if the department or branch is noncompliant with any order, consent decree, or memoranda of agreement requiring the department or branch to perform environmental maintenance or remediation activities with regard to the subject public lands or any law, rule, or order on a matter affecting the health and safety of the State's residents."

PART III

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

DOD; DLNR; United States Military; Leases; Lease Extensions; Prohibitions; Public Lands

Description:

Prohibits the Department of Land and Natural Resources from approving any land disposition to the United States military that allows for or facilitates any military training activities on the subject lands. Requires that any lease or lease extension between the State and the US Department of Defense or branches of the US military include certain provisions, including an acknowledgement that the State retains authority over all environmental matters within its jurisdiction. Provides that violation of state or federal environmental law, or any law, rule, or order on a matter affecting the health and safety of the State's residents, shall be grounds for terminating the lease. Prohibits the State from leasing public lands to or extending the lease of the US Department of Defense or any branch of the US military if the department or branch is noncompliant with any environmental order, consent decree, or memoranda of agreement, or any law, rule, or order on a matter affecting residents' health and safety.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

HOUSE OF REPRESENTATIVES	H.B. NO.	2331
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII