REPORT TITLE:
Ceded Land Inventory


DESCRIPTION:
Facilitates the establishment of a comprehensive information
system for inventorying and maintaining information about the
lands of the public land trust described in section 5(f) of the
Admission Act and article XII, section 4 of the State
Constitution. (SB2108 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2108
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE PUBLIC LAND TRUST.



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

 1      SECTION 1.  The purpose of this Act is to facilitate the
 
 2 establishment of a comprehensive information system for
 
 3 inventorying and maintaining information about the lands of the
 
 4 public land trust described in section 5(f) of the Admission Act
 
 5 and article XII, section 4 of the State Constitution.
 
 6      SECTION 2.  (a)  The auditor shall initiate and coordinate
 
 7 all efforts to establish a public land trust information system.
 
 8 The information system shall consist of:
 
 9      (1)  The inventory of:
 
10           (A)  The lands comprising the public land trust as of
 
11                August 21, 1959;
 
12           (B)  The lands acquired after August 21, 1959, in
 
13                exchange for lands comprising the public land
 
14                trust on or after August 21, 1959; and
 
15           (C)  The lands transferred to the State by the United
 
16                States after August 21, 1959, pursuant to section
 
17                5(e) of the Admission Act or Pub. L. 88-233;
 
18           and
 

 
Page 2                                                     2108
                                     S.B. NO.           S.D. 2
                                                        H.D. 2
                                                        

 
 1      (2)  Other information necessary to assure the proper
 
 2           implementation of section 5(f) of the Admission Act,
 
 3           article XII, sections 4, 5, and 6 of the State
 
 4           Constitution, and chapter 10, Hawaii Revised Statutes,
 
 5           as amended.
 
 6      (b)  The inventory shall:
 
 7      (1)  Identify or describe every parcel of land comprising
 
 8           the public land trust on August 21, 1959, and every
 
 9           parcel added to the public land trust thereafter.  Each
 
10           parcel may be assigned a unique inventory number for
 
11           purposes of cross-referencing information about each
 
12           parcel with other information maintained in the public
 
13           land trust information system; and
 
14      (2)  Include a title history for any parcel included in the
 
15           inventory that is conveyed or acquired on or after
 
16           August 21, 1959, and other information that the auditor
 
17           determines would be useful for understanding how the
 
18           public land trust was managed and administered since
 
19           Statehood, and for assuring the proper administration
 
20           and management of the public land trust in the future.
 
21      SECTION 3.  (a)  Beginning July 1, 2000, the auditor shall
 
22 identify all of the lands which are to be included in the public
 
23 land trust inventory.  The auditor shall also determine what
 

 
Page 3                                                     2108
                                     S.B. NO.           S.D. 2
                                                        H.D. 2
                                                        

 
 1 other information would be useful to include in the inventory but
 
 2 only after interviewing representatives of the county, and
 
 3 conducting discussions with the office of Hawaiian affairs, the
 
 4 department of land and natural resources, the department of
 
 5 Hawaiian home lands, the attorney general, the director of
 
 6 finance, and other state agencies holding title to public land
 
 7 trust lands or to which lands of the public land trust have been
 
 8 set aside.  At minimum, the auditor shall determine whether the
 
 9 following kinds of information about each parcel of land in the
 
10 operating inventory would be useful:
 
11      (1)  The parcel's location by metes and bounds, tax map key
 
12           number, or both;
 
13      (2)  The parcel's size rounded to the nearest acre;
 
14      (3)  The date the parcel was acquired;
 
15      (4)  If conveyed out of the public land trust, the date the
 
16           parcel was conveyed;
 
17      (5)  Whether the parcel was acquired by the State pursuant
 
18           to section 5(b) or 5(e) of the Admission Act or Pub. L.
 
19           88-233, or in exchange for a parcel of land acquired by
 
20           the State pursuant to those laws;
 
21      (6)  Whether the parcel is a subdivided portion of a larger
 
22           parcel acquired by the State pursuant to section 5(b)
 
23           or 5(e) of the Admission Act or Pub. L. 88-233, or in
 

 
Page 4                                                     2108
                                     S.B. NO.           S.D. 2
                                                        H.D. 2
                                                        

 
 1           exchange for a parcel of land acquired by the State
 
 2           pursuant to those laws;
 
 3      (7)  Whether the parcel or any portion of the parcel is
 
 4           ceded land, and the extent to which the parcel consists
 
 5           of ceded land;
 
 6      (8)  The name of the state or county agency holding title to
 
 7           the parcel;
 
 8      (9)  Whether the parcel has been set aside and the name of
 
 9           the state or county agency to which the parcel has been
 
10           set aside;
 
11     (10)  The parcel's current state land use, state land
 
12           classifications pursuant to section 171-10, and county
 
13           zoning designations;
 
14     (11)  A description of all natural resources, including
 
15           minerals and water, found on or appurtenant to the
 
16           parcel;
 
17     (12)  A description of every easement, covenant, regulatory
 
18           condition, or other benefit or servitude to which the
 
19           parcel is entitled or subject; and
 
20     (13)  A description of all leases, uses, or other disposition
 
21           to which the parcel has been put.
 
22      (b)  The auditor shall also conduct an investigation into
 
23 the most appropriate means of establishing and maintaining the
 
24 public land trust information system, including:
 

 
Page 5                                                     2108
                                     S.B. NO.           S.D. 2
                                                        H.D. 2
                                                        

 
 1      (1)  The type of hardware and software appropriate for
 
 2           storing and maintaining the information system;
 
 3      (2)  Whether the information system should be established as
 
 4           a geographic information system;
 
 5      (3)  The tasks needing to be performed to complete and
 
 6           establish the information system;
 
 7      (4)  The sequence in which the tasks needing to be performed
 
 8           are completed;
 
 9      (5)  Whether and to what extent state and county agencies
 
10           holding title to public land trust lands or to which
 
11           public land trust lands have been set aside should
 
12           continue maintaining separate inventories of the public
 
13           land trust lands;
 
14      (6)  Whether a single agency should be responsible for
 
15           maintaining the public land trust information system;
 
16      (7)  To which agency the responsibility should be delegated
 
17           if a single agency concept is chosen; and
 
18      (8)  The extent to which other agencies must cooperate and
 
19           assist in that effort.
 
20      (c)  The auditor shall identify existing sources of data,
 
21 information, and resources that can be incorporated into or used
 
22 to establish the public land trust inventory and public land
 
23 trust information system, including existing inventories of the
 

 
Page 6                                                     2108
                                     S.B. NO.           S.D. 2
                                                        H.D. 2
                                                        

 
 1 ceded lands and the public land trust lands established or
 
 2 maintained by the federal government, the office of Hawaiian
 
 3 affairs, the department of Hawaiian home lands, the department of
 
 4 land and natural resources, the University of Hawaii, the
 
 5 department of transportation, the housing and community
 
 6 development corporation of Hawaii, the several counties, or
 
 7 private entities.
 
 8      (d)  The auditor shall:
 
 9      (1)  Estimate the total cost of establishing the public land
 
10           trust information system;
 
11      (2)  Identify possible sources of funding to defray that
 
12           cost; and
 
13      (3)  Identify the factors to be considered in prioritizing
 
14           the expenditures to be made in each fiscal year,
 
15 if an incremental or phased implementation process is used to
 
16 complete the system.
 
17      (e)  For purposes of this Act:
 
18      "Ceded lands" means those lands ceded to the United States
 
19 by the Republic of Hawaii under the joint resolution of
 
20 annexation approved on July 7, 1898.
 
21      "Public land trust" means that public land trust established
 
22 in section 5(f) of the Admission Act.
 

 
 
 
Page 7                                                     2108
                                     S.B. NO.           S.D. 2
                                                        H.D. 2
                                                        

 
 1      SECTION 3.  All state and county agencies shall assist the
 
 2 auditor in facilitating the establishment of the public land
 
 3 trust information system and shall comply with any and all
 
 4 requests the auditor may make for any information and services
 
 5 pertinent to the completion of the information system.
 
 6      SECTION 4.  (a)  The auditor shall submit a progress report
 
 7 to the legislature no later than twenty days prior to the
 
 8 convening of the regular sessions of 2001 and 2002.  The progress
 
 9 report shall  outline what needs to be done to complete the
 
10 public land trust inventory and the public land trust information
 
11 system, and include any legislation the auditor deems necessary
 
12 to facilitate the inventories and systems expeditious completion
 
13 and support.
 
14      (b)  The inventory and information system shall be completed
 
15 and operational by December 31, 2002, unless the auditor advises
 
16 otherwise in a progress report.
 
17      SECTION 5.  There is appropriated out of the general
 
18 revenues of the State of Hawaii the sum of $       or so much
 
19 thereof as may be necessary for fiscal year 2000-2001 to be
 
20 expended by the auditor for the purposes of this Act; provided
 
21 that no funds appropriated shall be expended unless separately
 
22 matched on a dollar-for-dollar basis and paid to the auditor by
 
23 the office of Hawaiian affairs.
 

 
Page 8                                                     2108
                                     S.B. NO.           S.D. 2
                                                        H.D. 2
                                                        

 
 1      The sum appropriated shall be expended by the legislative
 
 2 auditor for the purposes of this Act.
 
 3      SECTION 6.  This Act shall take effect on July 1, 2000.