SB535

SECTION 1. The legislature finds that article XI, section 1, of the Hawaii State Constitution provides that "for 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." Accordingly, the legislature believes that public lands should be managed in the spirit of malama aina, which calls for the State to care for the environment that sustains us and of which we are also a part.

The legislature further finds that large tracts of land in the State are being held by the United States government under claims of title or other arrangements besides express leases. Many of these lands fell under the United States government when Hawaii was a territory and had minimal resources with which to engage in land-acquisition negotiations or other arrangements with the United States on any basis that would resemble equal bargaining power.

The legislature additionally finds that it is both appropriate and necessary for the State to conduct an inventory of lands held by the United States government that might reasonably be transferred back to the State.

Accordingly, the purpose of this Act is to establish an advisory committee to inventory lands held by the United States government in the State, and consult with the United States government to ascertain whether transfer might be appropriate, and the terms under which transfer might take place, including but not limited to remediation of environmental degradation that may have taken place on these properties.

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

"§171- Federal land; advisory committee. (a) There is established an advisory committee, consisting of not more than fifteen members, to create an inventory of lands within the State that are held by the United States government, and which may feasibly be returned to the State, excluding the properties listed in subsection (d) and make recommendations to the department and department of health regarding the conditions of these lands and the potential for remediation of environmental degradation, the appropriateness of transferring these lands to the State, and the potential terms of transfer. The advisory committee shall be convened by the department and the department of health.

(b) The members of the advisory committee shall be appointed by the governor, shall serve without financial compensation, and shall include the following members or their designees:

(1) The chairperson of the board of land and natural resources;

(2) A senate committee chair with subject matter jurisdiction encompassing water and land;

(3) A house committee chair with subject matter jurisdiction encompassing water and land;

(4) Experts in environmental conservation;

(5) Experts in land remediation and restoration;

(6) Experts in Native Hawaiian traditional and customary rights;

(7) Experts in the economic impact of the United States government holding the relevant properties;

(8) Naval Facilities Engineering Systems Command experts on remediation of military dumpsites of unexploded ordinances and military debris; and

(9) Community stakeholders with extensive experience in the relevant fields.

(c) The advisory committee shall communicate with appropriate representatives of the United States government to ascertain what properties may reasonably be transferred back to the State and analyze the terms and conditions of potential transfer, including but not limited to time frame, costs, environmental clean-up, and other matters relating to relevant property.

(d) The following properties shall be excluded from the advisory committee's inventory:

(1) Joint Base Pearl Harbor-Hickam;

(2) Haleakala National Park;

(3) Hawaii Volcanoes National Park;

(4) World War II Valor in the Pacific National Monument, including the USS Arizona Memorial;

(5) Puuhonua o Honaunau National Historical Park;

(6) Kalaupapa National Historical Park;

(7) All currently operating offices and other facilities of the United States Postal Service; and

(8) The federal office building and courthouse in Honolulu; and the federal detention center.

(e) The department and the department of health shall provide support staff and other technical assistance to the advisory committee as may be needed.

(f) The advisory committee shall submit annual reports of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session beginning 2027. The advisory committee may submit additional reports to the legislature as it may deem appropriate.

(g) The advisory committee shall cease to exist on December 31, 2035."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	535
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII