Bill Text: HI HR181 | 2020 | Regular Session | Introduced


Bill Title: Urging The Department Of Land And Natural Resources, Department Of Agriculture, And Hawaii Cattlemens Council, Inc., To Form A State Pasture And Forest Lands Task Force And To Include Any Additional Stakeholders In Their Discussions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-11 - Referred to AGR/WLH, FIN, referral sheet 40 [HR181 Detail]

Download: Hawaii-2020-HR181-Introduced.html

HOUSE OF REPRESENTATIVES

H.R. NO.

181

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

HOUSE RESOLUTION

 

 

urging the Department of Land and natural Resources, Department of Agriculture, and Hawaii Cattlemen’s Council, Inc., to form a State Pasture and Forest Lands Task Force and to include any additional stakeholders IN THEIR DISCUSSIONS.

 

 

 


     WHEREAS, the proper management of the State's agricultural lands is critically important to the health and welfare of the residents of Hawaii; and

 

     WHEREAS, there are competing measures in the Regular Session of 2020 relating to the management of the State's agricultural lands by the Department of Land and Natural Resources (DLNR) and Department of Agriculture (DOA); and

 

WHEREAS, House Bill No. 2358, and its companion measure Senate Bill No. 2914, represents the position of DLNR, while the position of DOA and the cattle ranchers is presented by House Bill No. 2035, its companion measure Senate Bill No. 2415, and House Bill No. 2577, and its companion measure Senate Bill No. 2812, regarding implementation of Act 90, Session Laws of Hawaii 2003 (Act 90), relating to the issue of transferring a large number of agricultural parcels then under DLNR's control to DOA; and

 

     WHEREAS, from one viewpoint, this body is tasked with deciding which state agency is best suited to manage lands currently being used for the production of beef cattle, which ostensibly was resolved by the enactment of Act 90 in 2003; and

 

     WHEREAS, since 2003, a different perspective has evolved where the discussion has now shifted, in part, to what is the best use of these lands from the standpoint of public purpose in a time where global warming and climate change are recognized as an existential challenge to the Earth; and

     WHEREAS, the State should study and understand its island history over the last three hundred or so years and align that understanding with the new challenges of climate change; and

 

     WHEREAS, the ecological system of the Hawaiian islands evolved in the absence of human beings until the last millennium and was largely shaped by the forests of the islands; and

 

     WHEREAS, the Hawaiian islands' ecological system, including the forests, has been tremendously damaged and degraded over the last three centuries; and

 

     WHEREAS, prior to Western contact, the indigenous Hawaiian culture established an isolated but ecologically sensitive relationship with the land and waters of Hawaii that left the native forests largely intact; and

 

     WHEREAS, subsequent to Western contact and the imposition of an exploitative Western agricultural system involving clearing of vast tracts of the forest for plantations of primarily sugar cane and pineapple, the native forests flourished; and

 

     WHEREAS, the unique isolation of the Hawaiian archipelago required the islands to produce most of its own food resources, including meat protein, predominantly from imported ungulates, such as cattle, domestic sheep, and goats; and

 

WHEREAS, in the modern world with huge and speedy ships, airplanes, refrigerated containers, and a sophisticated transport system, Hawaii obtains most of its food, including most of its beef, from outside its borders; and

 

     WHEREAS, while the sugar cane and pineapple plantations are largely gone, the cherished paniolo beef cattle ranching culture has persisted; and

 

     WHEREAS, the State should consider the history of the destruction of the indigenous culture and ecology by the imposed Western practices; and

 

     WHEREAS, in 1990, the book entitled Alteration of Native Hawaiian Vegetation, found that: "Zoning and tax laws have contributed to the conversion of native vegetation to ranchland in Hawaii. Much biologically important forest and shrubland was zoned Agricultural before its true value was recognized.  If privately owned, even Conservation-zoned forests are not immune to development for ranches and other agricultural uses"; and

 

     WHEREAS, that book further stated that, "The tax laws in Hawai’i encourage the clearing of forest and conversion to cattle grazing by assessing such "low-grade pasture" at a lower value than uncleared forest, so clearing forests may result in lower taxes, increased real estate values and salability"; and

 

     WHEREAS, the book also pointed out that continued, "Much upper-elevation rangeland was essentially native forest when ranching commenced.  As late as the 1960s nearly one-third of the State’s grazing land was actually forest, and State forest land was considered by the Division of Forestry to have great potential for live-stock production in a multiple-use approach to forest resources"; and

 

     WHEREAS, "State lands have been heavily impacted by cattle even though they were included in the State Forest Reserve System.  Although fencing of reserves was an important element in the protection of watersheds in the first few decades of the 1900s, by mid-century many fences separating reserves from ranches and grazing lands had been allowed to deteriorate, and little new fencing was undertaken.  The subsequent ingress of cattle and other alien animals has resulted in the degradation of native vegetation and the loss of watershed values in many forest reserves"; and

 

     WHEREAS, "The ability of cattle (whether feral or domestic) to degrade vegetation and reduce native forest to grassland pastures was recognized soon after large-scale ranching began during the last century"; and

 

     WHEREAS, according to Alteration of Native Hawaiian Vegetation, "the role of cattle in opening up native forests and reducing their value as watershed was recognized and decried by a number of foresters in the early decades of the 20th century.  Judd (1927) estimated that only 25 [percent] of the Hawaiian Island was still covered by forest in the late 1920’s, a small remnant of the original distribution before cattle"; and

 

     WHEREAS, there has been a resurgence of energy and concern from Native Hawaiians about the restoration of lands and waters degraded or disrupted by the Western agriculture and economic customs imposed upon them; and

 

     WHEREAS, the new recognition of the effects of climate change mandates a reevaluation of the best public purpose for the lands and waters of Hawaii; and

 

     WHEREAS, the 2003 joint committee report from the Committee on Agriculture and Committee on Water, Land Use, and Hawaiian Affairs regarding Senate Bill No. 1034, enacted as Act 90, stated "[y]our Committees note that serious concerns were raised regarding the proceeds from DLNR’s leases on ceded lands.  Currently, 20 percent of such proceeds are transferred to the Office of Hawaiian Affairs for the betterment of the conditions of native Hawaiians.  However, with the transfer of agricultural ceded lands to DOA and the potential of lower lease rents levied by DOA, the funding for OHA may be reduced. Your Committees recognize this potential problem and support future legislative efforts to address this issue"; and

 

WHEREAS, most of the lands proposed to be transferred from DLNR to DOA are in fact ceded lands, and the history of DOA leases, including thirty-day revocable leases, support the ongoing concern that the Office of Hawaiian Affairs will not receive compensation commensurate with the value of the lands leased; and

 

     WHEREAS, the proposed transfer from DLNR to DOA of the subject lands is justified as it proposes to enhance the State's food supply; and

 

     WHEREAS, since the enactment of Act 90 in 2003, more and more ranches have become cow-calf operations that ship most of their calves to the mainland, which ultimately provides little food to the State; and

 

     WHEREAS, although beef cattle is the focus of the modern livestock industry in Hawaii, domestic sheep ranching was formerly important; and

 

WHEREAS, commercial domestic sheep production began in the Hawaiian islands in the 1840s and 1850s and peaked in 1884 with 121,000 animals; and

 

     WHEREAS, while domestic sheep may also be destructive if not managed and rotated, they are less likely to damage established trees compared to cattle or goats; and

 

     WHEREAS, domestic sheep can be finished on grass of even poor quality and, therefore, need not be shipped to the continental United States for finishing, thereby greatly contributing to the food supply of Hawaii; and

 

     WHEREAS, domestic sheep would be more compatible with reforestation of the lands under consideration for transfer by DLNR to DOA, while still providing a substantial contribution to the local food supply; and

 

     WHEREAS, the dairy industry of Hawaii was once robust due to Hawaii's isolation and provided all the milk needs of the State; however, the local dairy industry has largely disappeared; and

 

WHEREAS, even as the world has recognized the importance of forests as treasure houses of species diversity, forest destruction has only accelerated in places such as the Amazon and in Indonesia; and

 

     WHEREAS, the environmental and economic conditions leading to prioritizing ranching on lands in the State should be re-evaluated since it has been found that the two-lined spittle bug and invasion of weeds reduce the productivity of these lands as pasture; and

 

     WHEREAS, the latest challenge to Hawaii’s forests is rapid ohia death which threatens the predominant native forest trees of the State; and

 

     WHEREAS, DLNR supports House Bill No. 2358, and its companion measure Senate Bill No. 2914 (2020), which give DLNR greater flexibility to deal with pasture leases by extending such leases and allowing DLNR to issue new leases on lands already in use as pasture; and

 

WHEREAS, those measures also allow DLNR to provide favorable rates to ranchers, who protect public trust natural and cultural resources; and

 

     WHEREAS, the pasture lessees are in support of an alternate measure, Senate Bill No. 2812 (2020), which, if enacted, would mandate the transfer of most of DLNR’s pasture lands to DOA; and

 

     WHEREAS, this body finds that natural resource protection and local food production are both important to the State’s economic welfare; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2020, that the Department of Land and Natural Resources, Department of Agriculture, and Hawaii Cattlemen’s Council, Inc., are urged to form a State Pasture and Forest Lands Task Force and to include any additional stakeholders, in its discussions; and

 

     BE IT FURTHER RESOLVED that the task force include in its discussions the following:

 

(1)  A representative of the Office of Hawaiian Affairs;

 

(2)  Dean of the College of Tropical Agriculture and Human Resources of the University of Hawaii at Manoa, or the Dean's designees;

 

(3)  Dean of the College of Forestry, Agriculture and Natural Resources Management of the University of Hawaii, or the Dean's designees;

 

(4)  A representative of the Department of Land and Natural Resource's Na Ala Hele Trails System;

 

(5)  A representative of the Hawaii Association of Watershed Partnerships;

 

(6)  A representative of the State Game Management Advisory Commission;

 

(7)  A representative of the Hawaii Forest Industry Association;

 

(8)  A representative of the Hawaii Greenhouse Gas Sequestration Task Force; and

 

(9)  Any other stakeholders, whose participation is important, as unanimously agreed upon by the Department of Land and Natural Resources, Department of Agriculture, and Hawaii Cattlemen’s Council, Inc.;

 

to address the competing demands for the use and stewardship of state pasture lands; and

 

     BE IT FURTHER RESOLVED that the State Pasture and Forest Lands Task Force meet at least monthly to:

 

(1)  Identify the public benefits of lands in use as pasture for local food production and protection of natural and cultural public trust resources;

 

(2)  Discuss alternative views on the best plan for managing state pasture lands;

 

(3)  Work collaboratively to resolve differences of opinion regarding such management;

 

(4)  Identify possible policy solutions that the Task Force could endorse regarding appraisals of rent for pasture leases, lease extensions, new leases, and natural resource protection; and

 

(5)  Address any related issues the Task Force may identify; and

 

     BE IT FURTHER RESOLVED that the State Pasture and Forest Lands Task Force submit an annual report on its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of each regular session, commencing with the Regular Session of 2021; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to Chairperson of the Board of Land and Natural Resources; Chairperson of the Board of Agriculture; Chairperson of the Board of Trustees of the Office of Hawaiian Affairs; Dean of the College of Forestry, Agriculture and Natural Resources Management of the University of Hawaii; Department of Land and Natural Resources, Division of Forestry and Wildlife, Na Ala Hele Trails System; Chairperson of the Hawaii Association of Watershed Partnerships; Chairperson of the State Game Management Advisory Commission; President of the Hawaii Forest Industry Association; Chairperson of the Hawaii Greenhouse Gas Sequestration Task Force; and President of the Hawaii Cattlemen’s Council, Inc.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

State Pasture and Forest Lands Task Force

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