Bill Text: HI HCR98 | 2024 | Regular Session | Introduced

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Bill Title: Authorizing The Sale Of One Or More Leases Of Submerged Lands At State Small Boat Harbors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-19 - The committee(s) on WAL recommend(s) that the measure be deferred. [HCR98 Detail]

Download: Hawaii-2024-HCR98-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	98
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

authorizing the sale of one or more leases of submerged lands at state small boat harbors.

 

 

     WHEREAS, pursuant to section 200-3, Hawaii Revised Statutes, the Division of Boating and Ocean Recreation of the Department of Land and Natural Resources (DOBOR) is tasked with thirteen statutory mandates, primarily including operation and management of state small boat harbors and administration of the ocean recreation management program; and

 

     WHEREAS, the jurisdiction of DOBOR in state ocean waters begins at the shoreline and extends to three nautical miles from the shore; and

 

     WHEREAS, due to statutory limitations, the Department of Land and Natural Resources has been unable to fulfill its statutory mandate of administering the Ocean Recreation Management Program, instead needing to devote the majority of its staff and resources to operation and management of the sixteen state small boat harbors and numerous boat launch ramp facilities around the State; and

 

     WHEREAS, the vast majority of the boating and oceangoing public falls under the Ocean Recreation Management Program of DOBOR, rather than the Small Boat Harbor Program; and

 

     WHEREAS, historically, DOBOR has never received adequate staff or funding in previous legislative budgets; and

 

     WHEREAS, the Small Boat Harbor Program is severely underfunded, with approximately $300,000,000 in deferred maintenance and capital projects statewide, and an annual operational budget of only around $30,000,000, with rampant inflation and material cost outpacing the rate that DOBOR is able to address outstanding projects; and

 

     WHEREAS, the level of underfunding for the Ocean Recreation Management Program is almost impossible to quantify because ocean recreation activities are widespread throughout the vast expanse of state ocean waters and DOBOR has been unable to adequately administer the Ocean Recreation Management Program; and

 

     WHEREAS, the inability of DOBOR to adequately administer the Ocean Recreation Management Program has led to increased user conflicts, safety concerns, and illegal commercial activity; and

 

     WHEREAS, engaging in alternate management options for state small boat harbors would enable DOBOR to allocate more staff, time, and resources to the Ocean Recreation Management Program; and

 

     WHEREAS, section 171-53(c), Hawaii Revised Statutes, requires prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state submerged lands; and

 

     WHEREAS, the Department of Land and Natural Resources currently has the authority to lease all fast lands in small boat harbors and submerged lands in select small boat harbors for private management; and

 

     WHEREAS, the Department of Land and Natural Resources would greatly benefit from being able to expand leasing authority to submerged lands in all state small boat harbors and boating facilities; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to lease state submerged lands at one or more state small boat harbors or boating facilities, in part or in their entirety, for private development, management, maintenance, and operation pursuant to section 171-53(c), Hawaii Revised Statutes; and

 

     BE IT FURTHER RESOLVED that the term of any lease entered into pursuant to this Concurrent Resolution may be up to sixty-five years; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and the Chairperson of the Board of Land and Natural Resources.

 

 

 

	OFFERED BY:	_____________________________

 

 

 

Report Title: 

Department of Land and Natural Resources; Board of Land and Natural Resources; Division of Boating and Ocean Recreation; Submerged Lands; Lease; State Small Boat Harbors