HB2716

Report Title:

Hawaii Statewide Trail and Access Program; Na Ala Hele; DLNR

Description:

Requires not-for-profit groups to obtain commercial trail and access activity permits if their activities will significantly contribute to the degradation of a trail or access. Requires the posting of a schedule of present and future trail and access closure dates on the Internet and at all DLNR offices.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	2716
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to the Hawaii statewide trail and access program.

 

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

SECTION 1. The purpose of this Act is to preserve, perpetuate, and promote--for both business and private use--the integrity, condition, naturalness, and beauty of Hawaii's statewide system of trails and accesses. Specifically, this Act:

(1) Requires a not-for-profit group to obtain a commercial trail and access activity permit if the frequency or magnitude of the group's activity will significantly contribute to the degradation of a trail or access;

(2) Requires any other group of more than two people to obtain a private trail and access activity permit regardless of the frequency or magnitude of the group's activity; or contribution to the degradation of the trail or access; and

(3) Requires the posting of an up-to-date schedule of present and future trail and access closure dates on the Internet and at all department of land and natural resources offices.

SECTION 2. (a) The board of land and natural resources shall adopt rules requiring a not-for-profit group to obtain a commercial trail and access activity permit from the department of land and natural resources if the frequency or magnitude, or both, of the not-for-profit group's activity will significantly contribute to the degradation of a Na Ala Hele program trail or access. The rules, including applicable fee schedules, shall be adopted in accordance with chapter 91, Hawaii Revised Statutes. This subsection and subsection (b) shall not apply to any group required to obtain a private trail and access activity permit pursuant to subsection (c).

(b) For the purposes of subsection (a), it shall be assumed that the frequency or magnitude, or both, of a not-for-profit group's activity will significantly contribute to the degradation of a Na Ala Hele program trail or access if the activity will involve more than two people or will be conducted more than once every thirty days, or both.

(c) The board of land and natural resources shall adopt rules requiring any group of more than two people to obtain a private trail and access activity permit from the department of land and natural resources, regardless of:

(1) The frequency or magnitude, or both, of the group's activity; or

(2) The group's contribution to the degradation of a Na Ala Hele program trail or access.

The rules, including applicable fee schedules, shall be adopted in accordance with chapter 91, Hawaii Revised Statutes. This subsection shall not apply to not-for-profit groups or other persons required to obtain a commercial trail and access activity permit pursuant to subsections (a) and (b).

SECTION 3. (a) The department of land and natural resources shall maintain an up-to-date schedule of present and future Na Ala Hele program trail and access closure dates. The schedule shall be posted on the Internet and at all of the department's offices, and shall be updated at least once every thirty days.

(b) Present Na Ala Hele program trail and access closures shall specify the exact date on which each trail or access will be reopened.

(c) Future Na Ala Hele program trail and access closures shall be posted at least seven years in advance, and shall specify the exact date on which each trail or access will be closed and will be reopened.

(d) This Act shall not be construed to prohibit the department from making an unannounced closure of a Na Ala Hele program trail or access due to a declared emergency.

SECTION 4. This Act, including any applicable fee schedules adopted pursuant to this Act, shall not interfere with the reasonable exercise of customary or traditional native Hawaiian rights.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________