STAND. COM. REP. NO. 3500
Honolulu, Hawaii
RE: H.B. No. 1658
H.D. 1
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-First State Legislature
Regular Session of 2022
State of Hawaii
Sir:
Your Committees on Water and Land and Agriculture and Environment, to which was referred H.B. No. 1658, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE TRANSFER OF NON-AGRICULTURAL PARK LANDS,"
beg leave to report as follows:
The purpose and intent of this measure is to authorize the Department of Agriculture, prior to the transfer of non-agricultural park lands, to request information from the Department of Land and Natural Resources related to the establishment of necessary and reasonable easements upon the land.
Your Committees received testimony in support of this measure from the Department of Land and Natural Resources; Department of Agriculture; Hawai‘i Farm Bureau; Local Food Coalition; Hawaii Cattleman's Council, Inc.; Hilo Fish Company; and one individual. Your Committees received comments on this measure from the Land Use Research Foundation of Hawaii, Ulupono Initiative, and one individual.
Your Committees
find that Act 90, Session Laws of Hawaii 2003 (Act 90), was enacted to transfer
certain non-agricultural park lands from the Department of Land and Natural
Resources to the Department of Agriculture.
In 2021, the Act 90 Working Group, established by Act 139, Session Laws
of Hawaii 2021, determined that lands under the Department of Land and Natural
Resources used for the primary purpose of agricultural production should be
transferred to the Department of Agriculture following the conditions and
procedures set out by Act 90, Session Laws of Hawaii 2003. Despite its intent
to foster collaborative working relationships between the Department of Land
and Natural Resources, Department of Agriculture, and lessees of multi-use
agricultural lands, lengthy transfer processes have stalled the transfer of
lands utilized for the primary purpose of agricultural production.
Your Committees
have amended this measure by:
(1) Exempting
easements granted over public lands affecting the transfer of undeveloped
public lands between the Department of Land and Natural Resources and the Department
of Agriculture, pursuant to Act 90, from formal county subdivision process and
approval requirements;
(2) Requiring
the Department of Agriculture to accept the transfer of and manage certain
qualifying encumbered non-conservation, non-agricultural park lands, including
pasture leases;
(3) Providing
that designated conservation lands not in current agricultural use shall remain
under the Department of Land and Natural Resources;
(4) Requiring
the Department of Agriculture, prior to offering a lease, to inquire with the
Department of Land and Natural Resources regarding any easements required for
access to landlocked forest reserves or other assets on the lands subject to
the lease;
(5) Requiring
a lessee to develop a conservation program and plan if conservation resources
exist on the land;
(6) Requiring
approval from the Board of Land and Natural Resources and the Board of
Agriculture before removing pasture lands for reforestation, or other public
purposes;
(7) Inserting
a savings clause;
(8) Amending
section 1 to reflect its amended purpose; and
(9) Making
technical, nonsubstantive amendments for the purposes of clarity and
consistency.
As affirmed by the records of votes of the members of your Committees on Water and Land and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1658, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1658, H.D. 1, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.
Respectfully submitted on behalf of the members of the Committees on Water and Land and Agriculture and Environment,
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________________________________ MIKE GABBARD, Chair |
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________________________________ LORRAINE R. INOUYE, Chair |
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