reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-4 Interested members of the board or employees.

§167-4 Interested members of the board or employees.
No member of the board of agriculture or employees of the board shall acquire any interest, direct or indirect, in any water facility or project or in any property, included or planned to be included in any facility or project, nor shall any member of the board or employee of the board have any interest, direct or indirect, in any contract or proposed contract, for materials or services to be furnished or used in connection with any water facility or project. If any member of the board or employee of the board owns or controls an interest, direct or indirect, in any property included or planned to be included in any water facility or project, the member of the board or employee of the board shall immediately disclose the same in writing to the board and the disclosure shall be entered upon the minutes of the board. The member of the board or employee shall be immediately disqualified from taking any part of the action of the board relative to the water facility or project. Failure to so disclose the interest shall constitute misconduct in office. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-7 Issuance of revenue bonds.

§167-7 Issuance of revenue bonds.
(a) The board of agriculture shall have the power to issue revenue bonds in the name of the department in amounts as may be authorized by the legislature. All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this chapter, to finance in whole or in part, the cost of construction, acquisition, or maintenance of any water facility or irrigation project hereunder, and, in connection therewith, to pledge or assign for the punctual payment of the revenue bonds, and interest thereon, any and all revenues derived from any project or projects undertaken by the board, in an amount sufficient to pay the principal and interest of the revenue bonds as they become due, and to create and maintain reasonable reserves or sinking funds therefor. Funds of the board, not otherwise required, may be advanced to pay necessary expenses incurred in making preparation for the issuance of revenue bonds under this chapter, and to take any other action necessary or proper in connection therewith.
(b) All revenue bonds issued pursuant to this chapter shall be issued in the name of the department and not in the name of the State.
(c) The board, with the approval of the governor, may designate by resolution all or any portion of an irrigation project or projects undertaken pursuant to this chapter; provided that for the purposes of this section, "undertaking" shall have the same meaning as used in part III of chapter 39. [L 1987, c 306, pt of §1; am L 1995, c 139, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-8 Investment of funds.

§167-8 Investment of funds.
The director of finance may authorize the investment of any funds held in reserves, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-9 Security for funds deposited by board.

§167-9 Security for funds deposited by board.
The board of agriculture may by resolution provide that all moneys deposited by it shall be secured:
(1) By any securities by which funds deposited by the director of finance of the State may be legally secured, as provided in section 38-3; or
(2) By an undertaking with such sureties as shall be approved by the board faithfully to keep and pay over upon the order of the board any such deposits and agreed interest thereon, and all banks and trust companies are authorized to give any such security for the deposits. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-10 Eligibility of revenue bonds for investment.

§167-10 Eligibility of revenue bonds for investment.
It shall be legal for the State and any of its political subdivisions, or any political or public corporation, including the employees' retirement system of the State, or any instrumentality of the State, or any insurance company, building and loan association, savings bank, trust company, or any bank or other financial institution operating under the laws of the State, or for any personal representative, guardian, trustee, or other fiduciary, or any educational, charitable, or eleemosynary institution to invest their funds or moneys in their custody in the revenue bonds issued hereunder; provided that the foregoing shall not be deemed to obviate or otherwise affect any statutory or other requirement with respect to the use of judgment and care in investing any such funds. No holder of any revenue bonds issued hereunder, however, shall have the right to compel any exercise of the taxing power of the State to pay the bonds or interest thereon. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-11 Rate policy; sale of excess water.

§167-11 Rate policy; sale of excess water.
The board of agriculture shall have the power to fix and adjust rates and charges for the furnishing of irrigation or domestic water and for water service so that the revenues derived therefrom shall be sufficient to cover the cost of operation, maintenance, replacement, and debt service on revenue bonds in compliance with part III of chapter 39, and may make charges as may be necessary to cover the capital cost of the system or other costs incurred in connection with the system.
Nothing in this chapter shall be construed to prevent the board from selling water to persons other than land occupiers and other consumers within a water project in the event and to the extent that water in excess of the needs of the land occupiers and other consumers may from time to time be available. [L 1987, c 306, pt of §1; am L 1995, c 139, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-12 Lands included within irrigation projects.

§167-12 Lands included within irrigation projects.
Except as otherwise expressly permitted in the chapter, lands to be included within an irrigation project shall be only those used or to be used in farming. The number of acres of agricultural and pasture land of each land occupier within the project shall be determined by the board of agriculture and shall not be increased or decreased, nor shall any such land included within a project thereafter be withdrawn, after final determination to construct the project, except in the manner and with the limitations specified in this chapter by redefining the boundaries of a project. The project shall include only such lands as can be adequately irrigated by the quantity of water and facilities to be provided under normal conditions of supply. No land which at the time of formation of the project is irrigated, or is devoted to the cultivation for commercial purposes of sugar, pineapples, coffee, bananas, citrus, papayas, or macadamia nuts, or other horticultural crops, whether or not the land so devoted is irrigated, or is being devoted to an industrial or townsite or other use of greater economic value than agriculture shall be included in the project if the owner of the land (or the land occupier thereof if other than the owner, in the event that the land occupier is legally chargeable with the acreage assessments) shall object in writing to the inclusion. The foregoing provisions of this paragraph shall be applicable to all irrigation projects.
Notwithstanding the limitation expressed in the foregoing paragraph, lands of the State used by the University of Hawaii for experimental farms may be included in irrigation projects, provided the board of regents undertakes the payment of water tolls and acreage assessments and for the purposes of the inclusion the University of Hawaii shall be deemed a land occupier within the meaning of this chapter. Lands within the farms shall be assessed accordingly as the same are of the character of agricultural or pasture lands, as defined in this chapter, although they are used for experimental purposes. The assessments shall not, however, become a lien upon the lands. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-13 Petition of land occupiers for formation of water project.

§167-13 Petition of land occupiers for formation of water project.
Land occupiers, including the Hawaiian homes commission, comprising at least sixty per cent of the acreage of lands lying within an area proposed to be organized into a water project may file a petition with the board of agriculture requesting that the project be organized. Where any of the lands of the petitioners in the proposed area are leased lands, it shall be necessary for the lessor and lessee to join in the petition. The petition shall contain a general description and the acreage of the area proposed to be organized into a water project and shall state the acreage owned or leased by each of the petitioners within that area. Before the board shall commence any water project involving homesteaded lands of the Hawaiian homes commission, it shall require the commission to assure the payment of any acreage assessment thereon, in pursuance of section 208(5) of the Hawaiian Homes Commission Act, 1920. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-14 Petition of Hawaiian homes commission for formation of irrigation project, community pastures.

§167-14 Petition of Hawaiian homes commission for formation of irrigation project, community pastures.
The Hawaiian homes commission may petition the board of agriculture to organize irrigation projects for any of the lands designated as "available lands" in the Hawaiian Homes Commission Act, 1920, whether or not the lands are occupied in whole or in part. If the lands for which the proposed project is to be organized are not occupied or are occupied by persons whose rights to occupancy will expire before the project water will be supplied to the lands, no notice need be published nor public hearing held as in section 167-16 required. Project water may be supplied to community pastures established by the Hawaiian homes commission within any project even though the pastures exceed one hundred acres in area. Before the board commences any irrigation project involving community pastures it shall require agreement from the Hawaiian homes commission that tolls for water supplied to and acreage assessments upon the pastures shall be paid by the commission. Before the board commences any irrigation project involving available lands which the Hawaiian homes commission desires to develop and open for small scale farming it shall require agreement from the Hawaiian homes commission that in the event the development and opening of the lands does not enable the making of acreage assessments sufficient to repay the costs of construction of the project that the same will be paid by the commission. The payments referred to in this section may be made by the Hawaiian homes commission from any of its funds designated or created by Congress for that purpose. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-15 State lands, formation of irrigation project.

§167-15 State lands, formation of irrigation project.
The board of agriculture may organize irrigation projects for lands under its control, whether or not the lands are occupied in whole or in part. If the lands for which the proposed project is to be organized are not occupied or are occupied by persons whose rights to occupancy will expire before the project water will be supplied to the lands, no notice need be published nor public hearing held as in section 167-16 required. The costs of construction of the project, shall be paid by the board, in the event and to the extent that the development and opening of the lands does not enable the making of acreage assessments sufficient to repay construction costs, from any funds in the state treasury derived from the lease or license of public lands or waters, which funds are hereby made available for such purposes. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-16 Consideration of petitions; notice and hearing.

§167-16 Consideration of petitions; notice and hearing.
When more than one petition is filed covering portions of the same territory, the board of agriculture may consolidate the petitions. Having received the petitions, on the basis of such evidence as may be submitted to it by the petitioners and on the findings of investigations or surveys made by or for it, or by other governmental agencies, the board shall establish such irrigation projects as it deems necessary to carry out the purposes of this chapter. Before making a final determination to establish a project or projects, the board shall hold a hearing, notice of which shall be duly advertised in the same manner and form, as nearly as may be, as provided in section 167-17. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-17 Formation of irrigation project on initiative of board; notice and hearing; protests.

§167-17 Formation of irrigation project on initiative of board; notice and hearing; protests.
The board of agriculture may organize irrigation projects upon its own initiative. In this event, it shall fix a date for public hearing upon the proposed project, which date shall not be less than sixty days after the first public notice thereof in the county in which the project is proposed. The notice shall be given once in each of four successive weeks, describing or identifying the area to be included in and general details of the proposed project, stating the time and place of the public hearing. If the owners of fifty-five per cent of the acreage of agricultural and pasture lands proposed to be organized into an irrigation project at the hearing or prior thereto file written protest against the proposed project, the project shall not be made and proceedings shall not be renewed within twelve months from the date of closing the public hearing, unless each and every owner protesting withdraws each and every owner's protest; provided that any lessee of any agricultural or pasture lands included within the proposed project, who, by the express terms of the lessee's lease must pay the assessment contemplated hereunder shall be subrogated to all the rights of the owner to protest by filing at the hearing or prior thereto written protest against the proposed project, the written protest to be accompanied by a certified copy of the lease; provided further that any lessor, at any time before the closing of the public hearing, may make void the protest of the lessor's lessee on consideration of the filing with the board a duly acknowledged waiver of the provision in the lease which requires the lessee to pay the assessment, and a written undertaking of the lessor to pay the assessment to be made on account of the proposed project; and further provided that a project may be instituted without further public notice for a smaller acreage within the acreage described in the public notice in the event the board determines the smaller project to be economically feasible, if written protests by the owners, or lessees subrogated to the right to protest, of fifty-five per cent of the smaller acreage shall not be filed. [L 1987, c 306, pt of §1; am L 1998, c 2, §33]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-18 Approval of legislature, appropriations.

§167-18 Approval of legislature, appropriations.
Funds for acquisition or construction of irrigation facilities for each project, established by the board of agriculture under sections 167-13, 167-14, 167-15, and 167-17, may be requested from the legislature, as an appropriation to be repaid without interest to the general funds of the State by the board from water tolls, acreage assessments, and other receipts of the board within such period as may be specified in the act making the appropriation. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-20 Furnishing domestic water.

§167-20 Furnishing domestic water.
In conjunction with any irrigation project which it has established, and subject to pertinent provisions of law governing the supply, the board of agriculture may establish a system for and supply water for domestic purposes to residents within and in close proximity to the irrigation project. The system shall be established only if (1) the board determines that it would be advisable and in the public interest to provide the domestic supply; (2) its construction and operation by the board has been consented to by the board of water supply of the county in which the project is situated, and by a majority of the land occupiers within the irrigation project; and (3) if under normal conditions of water availability, the operation of the system will not prejudice or interfere with the supply of irrigation water to the land occupiers within the project. The board may also subject to the limitations previously set forth in this section, take over, improve, and operate any existing system for the supply of domestic water if requested so to do by the owners and operators of the system. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-21 Repayment of certain state advances.

§167-21 Repayment of certain state advances.
(a) Whenever under legislative authorization, past, present or future, general obligation bonds of the State are issued or the proceeds of general obligation bonds of the State are used, by way of advancement, for the establishment and construction of any specific project under the jurisdiction of the board of agriculture in its irrigation water program, the board may repay the same to the director of finance, upon the expiration of ten years from the time of initial irrigation service to the project, which ten-year term shall be the development period, as repayment on account of the advancement. Such payments shall be made over the period of the next succeeding forty years after the termination of the development period, the total of which payments shall be sufficient to reimburse the State for redemption of the bonds together with interest paid by the State in respect of the same.
(b) The foregoing method of repayment of advances shall be effective for each phase of any multiphase project, the amortization period for the advancement commencing ten years from the time that facilities to provide irrigation service for each new project phase are put into operation.
(c) In the event that changing use of the land in a project substantially increases revenues, or other circumstances make it reasonably possible or desirable for the board to accelerate the amortization of advances it shall be permitted to do so. [L 1987, c 306, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 167. Irrigation Water Development › 167-22 Irrigation system revolving fund.

§167-22 Irrigation system revolving fund.
(a) There is established the irrigation system revolving fund, into which shall be deposited:
(1) All legislative appropriations to the irrigation system revolving fund; and
(2) All or any portion of the receipts and revenues collected under this chapter, as determined by the board of agriculture.
(b) The irrigation system revolving fund shall be administered by the department of agriculture. Moneys in the revolving fund shall be expended for:
(1) Administrative costs, engineering surveys, economic studies, plans, and maps; and
(2) Other water projects or purposes of the board of agriculture.
In the event any moneys are expended from the revolving fund for engineering surveys, economic studies, plans, and other expenses directly attributable to any water project, or for the establishment of any water project, the amount of the expenditures shall be reimbursed to the revolving fund from any funds received by the board for and on account of the project. [L 1987, c 306, pt of §1; am L 1995, c 139, §5; am L 2011, c 124, §41]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 168. Irrigation and Water Utilization Projects › 168-2 Powers.

§168-2 Powers.
In addition to any other powers conferred upon the board of agriculture, the board shall have the powers hereinafter set forth. The board shall have the power to make preliminary surveys and engineering studies, and to construct irrigation and water utilization projects, designed to serve and supply the owners and occupants of lands, and to manage, control, operate, and maintain the projects in accordance with this chapter. If, in the board's reasonable discretion, existing civil service staff is inadequate to service the projects or the project facilities, the board shall also have the power to contract for services with the private sector for operation or maintenance of project facilities with any qualified person. It shall also have the power to contract with domestic water users including the counties. It shall further have the power to contract with the government of the United States or any bureau or agency thereof with regard to the construction or the financing of a system.
The board shall have power to fix, charge, and collect reasonable water rates for service from the water system to defray the cost of operation, maintenance, and replacements of the system. It shall also have the power to acquire by eminent domain, water and water sources either above or underground watersheds, reservoir sites, rights-of-way over lands and property for paths, trails, roads, and landing sites, ditches, tunnels, flumes, reservoirs, and pipelines necessary or proper for the construction and maintenance of a system for conveying, distributing, and transmitting water for irrigation and domestic use and for such other purposes as may properly fall within the scope of its activities in creating, managing, controlling, operating, and maintaining an irrigation and water utilization system. The power of eminent domain shall be exercised in the manner and under the procedure provided by law. [L 1987, c 306, pt of §2; am L 1998, c 289, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 168. Irrigation and Water Utilization Projects › 168-3 Funds.

§168-3 Funds.
The board of agriculture shall pay all receipts and revenues received by it from the operation of an irrigation and water utilization system into the irrigation system revolving fund established under section 167-22. The fund shall be used and expended for the following purposes:
(1) Payment of the operating and maintenance costs of the system;
(2) Repairs, replacements, additions, and extensions;
(3) Reimbursement to the State the amount of any principal or interest due upon any bond issue under this chapter. [L 1987, c 306, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 168. Irrigation and Water Utilization Projects › 168-4 Preference.

§168-4 Preference.
To the extent that the same may be necessary from time to time for the satisfaction of their water needs, domestic and agricultural, the Hawaiian homes commission and lessees of the Hawaiian homes commission shall at all times, upon actual need therefor being shown to the board of agriculture, have a prior right to two-thirds of the water developed for the Molokai irrigation and water utilization project by the tunnel development extending to Waikolu valley and ground water developed west of Waikolu valley, which was planned by the board of land and natural resources as the first stage of the Molokai irrigation project. [L 1987, c 306, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 168. Irrigation and Water Utilization Projects › 168-6 Development period.

§168-6 Development period.
The board of agriculture shall fix a development period for a project authorized by this chapter not to exceed ten years from and including the first calendar year in which water is first delivered for the lands in the project. During the development period the board shall annually fix the tolls to be charged for water use and for acreage service charges, so that the cost of operation and maintenance of the project during the development period plus any amounts reimbursable to the State under section 168-3 will be returned over the full development period. [L 1987, c 306, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 168. Irrigation and Water Utilization Projects › 168-7 Construction, when.

§168-7 Construction, when.
No actual construction of the physical features of a project shall be undertaken unless (1) lands or interests in lands deemed by the board of agriculture to be necessary for the construction and operation of the major features of the project works have been secured, or negotiations therefor have been initiated and it is indicated that the lands or interests in lands can be secured, at prices satisfactory to the board; and (2) the board has found (A) that water rights adequate for the purposes of the project have been acquired with titles and at prices satisfactory to the board or have been initiated and can be perfected in conformity with the law of the State and in a manner satisfactory to the board, and (B) that the water rights can be utilized for the purposes of the projects in a manner satisfactory to the board. [L 1987, c 306, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 168. Irrigation and Water Utilization Projects › 168-8 Rules.

§168-8 Rules.
The board of agriculture may perform any and all acts and make such rules as may be necessary and proper for the purpose of carrying out this chapter, which upon compliance with chapter 91 shall have the force and effect of law. [L 1987, c 306, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 169. Private Agricultural Parks › 169-1 Private agricultural parks.

§169-1 Private agricultural parks.
The owners of one or more contiguous parcels, including public lands, within the agricultural district may establish a private agricultural park. The owners shall register the private agricultural park agreement with the department of agriculture, on forms prescribed and prepared by the department, which shall include the following information for each private agricultural park:
(1) The names and addresses of all the parties;
(2) The tax map parcel numbers and number of acres in each parcel to be included in the private agricultural park;
(3) The types of agricultural activities and products being produced or to be produced by each party, including non-agricultural by-products that may include renewable sources of energy for the production of electrical energy or liquid fuel and cold water for cooling, processing, and air conditioning purposes; and
(4) Other information that the department of agriculture determines may be of assistance in promoting the private agricultural park;
provided that, by subsequent filings, a private agricultural park may add or delete parties and parcels from its original filing. [L 2009, c 122, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 169. Private Agricultural Parks › 169-2 Activities permitted in a private agricultural park.

§169-2 Activities permitted in a private agricultural park.
Within a private agricultural park, pursuant to private agreements between any or all of the parties of the private agricultural park agreement, one or more of the parties may:
(1) Engage in the generation of electrical energy from fossil fuel or renewable energy sources, including the use of falling water, biomass, wind, and solar energy. Any electrical energy generated within the boundaries of the private agricultural park, whether by a party or parties to the agreement or through an agreement between a party or parties and a nonparty independent energy producer, may be produced, sold, transmitted, and consumed by any other party of the private agricultural park agreement; provided that the electrical energy generated is used for agricultural purposes including but not limited to the pumping of agricultural water, cooling, air conditioning, or agricultural processing; provided further that the electrical energy generated is used within the established boundaries of the private agricultural park; and provided further that the transmission and distribution system is solely owned by a party of the private agricultural park agreement;
(2) Collect, sell, and distribute cold water to any other party of the private agricultural park agreement to operate cooling and processing facilities for agricultural products or for air conditioning;
(3) Collect, store, sell, and distribute nonpotable water for irrigation purposes to any other party of the private agricultural park agreement; and
(4) Engage in any other lawful activity within the boundaries of the private agricultural park for the benefit of one or more of its parties. [L 2009, c 122, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 169. Private Agricultural Parks › 169-3 Annual report.

§169-3 Annual report.
(a) Every private agricultural park shall file with the chairperson of the board of agriculture an annual report as prescribed by the chairperson. A copy of the report shall be submitted to the parties of the private agricultural park agreement at an annual meeting or mailed to each party of the private agricultural park agreement.
(b) The annual report shall include an affidavit that electricity generated and distributed within the private agricultural park was used solely for agricultural purposes within the private agricultural park. [L 2009, c 122, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-3 Department of land and natural resources.

§171-3 Department of land and natural resources.
(a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources. The department shall manage, administer, and exercise control over public lands, the water resources, ocean waters, navigable streams, coastal areas (excluding commercial harbor areas), and minerals and all other interests therein and exercise such powers of disposition thereof as may be authorized by law. The department shall also manage and administer the state parks, historical sites, forests, forest reserves, aquatic life, aquatic life sanctuaries, public fishing areas, boating, ocean recreation, coastal programs, wildlife, wildlife sanctuaries, game management areas, public hunting areas, natural area reserves, and other functions assigned by law.
(b) Notwithstanding subsection (a), beginning January 1, 2010, the authority to manage, administer, and exercise control over any public lands that are designated important agricultural lands pursuant to section 205-44.5, shall be transferred to the department of agriculture. [L 1962, c 32, pt of §2; am L 1963, c 135, §4; Supp, §103A-3; HRS §171-3; am L 1981, c 116, §2; am L 1983, c 15, §2; am L 1991, c 272, §4; am L 1999, c 6, §2; am L 2008, c 233, §16]
Cross References
Functions and authority, generally, see Const. art. XI, §2 and §26-15.
Hawaii climate change mitigation and adaptation commission, see §225P-3.
Case Notes
Where the subject matter covered by Revised Ordinances of Honolulu §7-7.2 was the protection of the public against harm caused by dangerous dogs anywhere within the City's territorial limits by imposing criminal sanctions on dog owners who negligently fail to control their dangerous dogs, the ordinance was not aimed at regulating activities or managing resources within ocean waters; thus, the ordinance did not cover the same subject matter embraced by the department's authority to manage and control ocean waters pursuant to this section and did not conflict with state law. 120 H. 486 (App.), 210 P.3d 9 (2009).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-4.5 Aha moku advisory committee; established.

§171-4.5 Aha moku advisory committee; established.
(a) There is established the aha moku advisory committee to be placed within the department of land and natural resources for administrative purposes. The committee may advise the chairperson of the board of land and natural resources in carrying out the purposes of this section.
(b) The committee shall consist of eight members appointed by the governor and confirmed by the senate from a list of nominations submitted by the aha moku councils of each island. Oversight of the aha moku advisory committee shall be by the chairperson of the board of land and natural resources. The committee members shall select the committee chairperson from among the members.
(c) The members shall not receive compensation for their service, but shall be reimbursed for necessary expenses, including travel expenses, incurred while participating in meetings and events approved in advance by the chairperson of the board of land and natural resources.
The aha moku advisory committee may hire an executive director who shall be exempt from chapter 76. The executive director may hire an administrative or executive assistant to assist the executive director in accomplishing the purposes of the aha moku advisory committee.
(d) The aha moku advisory committee may provide advice on the following:
(1) Integrating indigenous resource management practices with western management practices in each moku;
(2) Identifying a comprehensive set of indigenous practices for natural resource management;
(3) Fostering the understanding and practical use of native Hawaiian resource knowledge, methodology, and expertise;
(4) Sustaining the State's marine, land, cultural, agricultural, and natural resources;
(5) Providing community education and fostering cultural awareness on the benefits of the aha moku system;
(6) Fostering protection and conservation of the State's natural resources; and
(7) Developing an administrative structure that oversees the aha moku system.
(e) The committee shall submit an annual report in English and Hawaiian to the legislature and the chairperson of the board of land and natural resources no later than twenty days prior to the convening of each regular legislative session. The annual report shall include a list of all recommendations made by the committee and the resulting action taken by the department over the course of the prior year. [L 2012, c 288, §2]
Law Journals and Reviews
Applying Indigenous Ecological Knowledge for the Protection of Environmental Commons: Case Studies from Hawai`i for the Benefit of "Island Earth". 41 UH L. Rev. 300 (2019).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-5 Meetings, regular, special; quorum.

§171-5 Meetings, regular, special; quorum.
Regular meetings of the board of land and natural resources shall be held not less than once a month and the board shall provide in its rules and regulations the number and dates for the regular meetings. Special meetings may be called by the chairperson at any time by giving notice thereof to each member present in the State at least five days prior to the date of the special meeting; provided that notice shall not be required if all members present in the State agree and sign a written waiver of the notice.
However, no final action involving disposition of public lands may be had at such special meeting.
Any action taken by the board shall be by a simple majority of the members of the board; provided that a simple majority of the members present at a meeting and qualified to vote shall be required to allow any decision pursuant to section 183C-6(b). Four members of the board shall constitute a quorum to do business. The board shall keep accurate records and minutes of all meetings, special and regular, and they shall be public records. Copies of portions of the agenda relating to dispositions of land shall be made available to the public in the land office of each district at least three days before the meeting at which the matter will be discussed or voted upon. [L 1962, c 32, pt of §2; Supp, §103A-5; HRS §171-5; gen ch 1993; am L 2001, c 215, §3]
Cross References
Meetings and records, see chapter 92.
Case Notes
A quorum of the board is sufficient to conduct business, but any board action must be authorized by a majority of the total membership of the board (pre-2001 amendment). 102 H. 257, 75 P.3d 160 (2003).
Where a majority of the board (pre-2001 amendment) did not affirmatively approve or disapprove of electric company's application to modernize and expand electric generating station on conservation land within the time established, the board failed to render a "decision" so as to avoid the 180-day default mechanism of §183-41; thus, electric company was allowed to subject land to the use applied for. 102 H. 257, 75 P.3d 160 (2003).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-6.4 General administrative penalties.

§171-6.4 General administrative penalties.
(a) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. The administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $2,500;
(2) For a second violation within five years of a previous violation, a fine of not more than $5,000; and
(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000.
(b) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person. Each day of each violation shall constitute a separate offense.
(c) Noncompliance with administrative enforcement action against a landowner for a land use, as defined in section 183C-2, that violates the law or for a currently unauthorized structure encroaching on public lands, including but not limited to submerged lands or lands within the shoreline, that falls, slides, or comes onto public land, or arises from or benefits an adjoining or abutting private land shall affect title pursuant to section 501-151 and result in a lien attaching to the adjoining or abutting private land. [L 2004, c 142, §4; am L 2023, c 236, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-7 General duties of the board.

§171-7 General duties of the board.
Except as provided by law the board of land and natural resources through the chairperson shall:
(1) Maintain an accurate inventory of public lands;
(2) Prevent illegal activities on, unlawful occupation of, or trespassing on public lands;
(3) Cause all trespassers and persons unlawfully occupying public lands, and their effects, and all animals trespassing on the lands to be removed therefrom and to impound the animals according to law;
(4) Enter on any public land in order to take possession thereof, and to resume possession of any public land in case of surrender, forfeiture, or escheat;
(5) Enforce contracts respecting sales, leases, licenses, permits, or other disposition of public lands;
(6) Conduct all public auctions and sales pertaining to the disposition of public lands and other property authorized by the board;
(7) Recover money due the State for damage done to any public lands by wrongful entry and occupation or by wrongful removal therefrom or destruction of any property;
(8) Bring such actions and proceedings as may be necessary to carry out the powers and duties of the board in the name of the State and to defend such actions brought against the State as may be authorized;
(9) Keep a record of all official transactions, relating to public lands within the chairperson's jurisdiction and such record shall be a public record;
(10) Administer oaths in all matters pertaining to the administration of the public lands. [L 1962, c 32, pt of §2; am L 1965, c 239, §3; Supp, §103A-7; HRS §171-7; am L 1984, c 154, §1; gen ch 1985, 1993]
Cross References
Conservation and resources enforcement program, see chapter 199.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-8 Land agents and other employees.

§171-8 Land agents and other employees.
The board shall be represented in each land district by a district land agent. The board may employ other necessary employees.
The district land agent shall exercise the powers and duties delegated by the board and shall report to the designated representative of the board.
The appointment, removal, and compensation of district land agents and other employees shall be determined in accordance with chapter 76. [L 1962, c 32, pt of §2; am L 1965, c 202, §1; Supp, §103A-8; HRS §171-8; am L 1971, c 154, §1; am L 1981, c 116, §3; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-8.6 Risk assessment working group.

§171-8.6 Risk assessment working group.
(a) There is established a risk assessment working group that shall be administratively attached to the department. The risk assessment working group shall provide consultation to the board regarding the design and placement of warning signs, devices, or systems on improved public lands as defined in section 663-51, including any comprehensive plan submitted by the State, a county, or managing entity, to the board for approval. The risk assessment working group shall consist of the following members, who shall serve without compensation:
(1) The chairperson of the board, or designee;
(2) The mayor of each county, or designee;
(3) The administrators of the department's division of forestry and wildlife and the division of state parks, or their designees;
(4) The attorney general, or designee; and
(5) A person appointed by the chairperson of the board knowledgeable in warning sign design.
[(b)] The risk assessment working group shall submit a report of its recommendations and of the consultation provided to the board of land and natural resources under [Act 82, Session Laws of Hawaii 2003], including a listing of warning signs, devices, and systems on improved and unimproved public lands subsequently approved or disapproved by the board, to the legislature no later than twenty days prior to the convening of each regular session. [L 2003, c 82, § §3, 4, 8; am L 2007, c 152, §5; am L 2009, c 81, §3; am L 2014, c 86, §2]
Revision Note
L 2003, c 82, §4 is codified to this section as subsection (b) pursuant to §23G-15.
Cross References
Limitations on public entity liability in actions based upon duty to warn of natural conditions, see chapter 663, pt VI.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-9 Land districts.

§171-9 Land districts.
For the purposes of this chapter the State is divided into the following land districts:
First land district: The island of Hawaii and the reefs and reef lands off the shores of the island of Hawaii.
Second land district: The islands of Maui, Molokai, Lanai, Kahoolawe, and Molokini and the reefs and reef lands off the shores of these islands.
Third land district: The island of Oahu and all other islands and reefs in the State of Hawaii not included in the other districts.
Fourth land district: The islands of Kauai, Niihau, Lehua, and Kaula, and the reefs and reef lands off the shores of these islands. [L 1962, c 32, pt of §2; Supp, §103A-9; HRS §171-9]
Cross References
Districts, generally, see §4-1.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-12 Permanent register of applicants for public lands.

§171-12 Permanent register of applicants for public lands.
The board of land and natural resources shall establish and maintain in each land district a register in which all persons desiring to acquire public lands in the district may register. The board may require the persons to submit information in writing and under oath to determine the eligibility of any registrant to acquire such lands. [L 1962, c 32, pt of §2; Supp, §103A-12; HRS §171-12]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-13 Disposition of public lands.

§171-13 Disposition of public lands.
Except as otherwise provided by law and subject to other provisions of this chapter, the board may:
(1) Dispose of public land in fee simple, by lease, lease with option to purchase, license, or permit; and
(2) Grant easement by direct negotiation or otherwise for particular purposes in perpetuity on such terms as may be set by the board, subject to reverter to the State upon termination or abandonment of the specific purpose for which it was granted, provided the sale price of such easement shall be determined pursuant to section 171-17(b).
No person shall be eligible to purchase or lease public lands, or to be granted a license, permit, or easement covering public lands, who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands canceled for failure to satisfy the terms and conditions thereof. [L 1962, c 32, pt of §2; Supp, §103A-13; HRS §171-13; am L 1973, c 205, §1; am L 1976, c 193, §1; am L 1980, c 4, §1; am L 1983, c 25, §1; am L Sp 2001 3d, c 15, § §12, 13; am L 2002, c 69, §1]
Attorney General Opinions
Where land passes to the State by erosion or sea level rise, the board of land and natural resources must require the former landowner to pay fair market value in order to obtain an easement or other interest in the land. Att. Gen. Op. 17-1.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-14 Auction.

§171-14 Auction.
Except as otherwise specifically provided, all disposition of public lands shall be made at public auction after public notice as provided in section 171-16. All such auctions shall be held at the door of the office of the land agent or at such other place as is convenient in the district in which the land is located, and shall be conducted by the chairperson or the land agent or by any other authorized employee of the department of land and natural resources under the direction of the board of land and natural resources, all of whom shall perform this service without extra compensation. [L 1962, c 32, pt of §2; am L 1963, c 28, §1; am L 1965, c 239, §3; Supp, §103A-14; HRS §171-14; gen ch 1993]