HOUSE OF REPRESENTATIVES
H.B. NO.
1323
THIRTY-THIRD LEGISLATURE, 2025
H.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE TRANSFER OF NON-AGRICULTURAL PARK LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds 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.
The legislature further finds that Act 139, Session Laws of Hawaii 2021, established a working group to determine the process, status, challenges, and potential remedies regarding the transfer of non-agricultural park lands to fulfill the purposes of Act 90. A key finding of the working group is that lands under the department of land and natural resources used for the primary and substantial management objective of agricultural production should be transferred to the department of agriculture, following the processes and conditions pursuant to Act 90.
The purpose of this Act is to require the department of agriculture, upon approval of the board of agriculture, to accept the transfer of and manage certain qualifying non-agricultural park lands.
SECTION 2. Section 166E-1, Hawaii Revised Statutes, is amended to read as follows:
"[[Struck through: []]§166E-1[[Struck through: ]]] Legislative findings. The legislature finds that article XI, section 10, of the [[Struck through: state constitution]] [Underlined: Hawaii State Constitution] establishes that "the public lands shall be used for the development of farm and [[Struck through: homeownership]] [Underlined: home ownership] on as widespread a basis as possible, in accordance with procedures and limitations prescribed by law."
Therefore, the legislature finds that certain public lands classified for agricultural use[Underlined: , including all lands designated as intensive agricultural use, special livestock use, and pasture use under section 171-10(1), (2), and (3),] by the department of land and natural resources should be transferred to the department of agriculture[[Struck through: , with the approval of the board of land and natural resources and the board of agriculture,]] for purposes and in a manner consistent with article XI, section 10, of the [[Struck through: state constitution.]] [Underlined: Hawaii State Constitution.]
The purpose of this chapter is to ensure the long-term productive use of public lands leased or available to be leased by the department of land and natural resources for agricultural purposes[Underlined: , including pasture use,] by allowing these lands to be transferred to and managed by the department of agriculture."
SECTION 3. Section 166E-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Upon [[Struck through: mutual agreement and]] approval of the board [[Struck through: and the board of land and natural resources]]:
(1) The department [[Struck through: may]] [Underlined: shall] accept the transfer of and manage certain qualifying non-agricultural park lands[[Struck through: ;]][Underlined: , subject to the suitability of the land for agricultural activities and use as determined by the board;] and
(2) Certain assets, including position counts, related to the management of existing encumbered and unencumbered non-agricultural park lands and related facilities shall be transferred to the department[[Struck through: .]][Underlined: ;]
[Underlined: provided that designated conservation lands not in current agricultural use shall remain under the jurisdiction of the department of land and natural resources.]"[Underlined: ]
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
Department of Agriculture; Department of Land and Natural Resources; Non-agricultural Park Lands; Transfer
Description:
Allows the Department of Land and Natural Resources to transfer certain public lands for agricultural use to the Department of Agriculture without approval from the Board of Land and Natural Resources and Board of Agriculture. Requires the Department of Agriculture, upon approval of the Board of Agriculture, to accept the transfer of and manage certain qualifying non-agricultural park lands. Effective 7/1/3000. (HD1)
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