Bill Text: HI SCR171 | 2011 | Regular Session | Amended
Bill Title: Public Lands; Department of Land and Natural Resources
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2011-04-18 - (H) Referred to WLO, FIN, referral sheet 61 [SCR171 Detail]
Download: Hawaii-2011-SCR171-Amended.html
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THE SENATE |
S.C.R. NO. |
171 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
URGING THE GOVERNOR TO WITHDRAW CERTAIN EXECUTIVE ORDERS SETTING ASIDE public lands where the receiving agency has failed TO use OR HAS UNDERUTILIZED the lands for the purpose specified.
WHEREAS, pursuant to section 171-11, Hawaii Revised Statutes, the Governor may, with the prior approval of the Board of Land and Natural Resources, set aside public lands to any department or agency of the State or its political subdivisions ("Receiving Agency") for public use or purpose; and
WHEREAS, section 171-11, Hawaii Revised Statutes, also provides that whenever land set aside for a public purpose to a Receiving Agency is not being fully utilized or required for the stated public purpose, the order setting aside the land shall be withdrawn and the lands shall be returned to the Department of Land and Natural Resources; and
WHEREAS, the Governor may also withdraw public lands and, with the prior approval of the Board of Land and Natural Resources, set aside the withdrawn lands to another Receiving Agency or to the United States; provided that no structure on such lands shall be built, demolished, or altered until after the legislative action or inaction as described in section 171‑11, Hawaii Revised Statutes; and
WHEREAS, many of the Governor's executive orders setting aside public lands provide that in the event of the non-use or abandonment of the land or any portion thereof for a continuous period of one year, the Receiving Agency shall, within a reasonable time, restore the premises to a condition that is satisfactory and acceptable to the Department of Land and Natural Resources, and return the land or portions thereof back to the inventory of the Department of Land and Natural Resources; and
WHEREAS, in a number of cases, the Receiving Agency has failed to use or has underutilized public lands set aside by executive order for the purpose specified in the executive order for periods of more than one year; and
WHEREAS, the recession of 2008 swept across the nation and many parts of the world with unanticipated force and brought with it enormous challenges for governments at all levels, with effects on businesses and employment that are still being felt today, including a profound impact on Hawaii's tax revenues and state budget; and
WHEREAS, the Legislature finds that due to the extraordinary fiscal circumstances the State is facing, set‑asides of public lands must be re-evaluated to ensure that such lands are being fully utilized, and that any unused or underutilized lands are put into productive use wherever possible; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the House of Representatives concurring, that the Governor is urged to withdraw:
(1) Executive Order No. 614, setting aside land in Olaa Village, Keaau, Puna, Hawaii to the Department of Education, and to return 5.970 acres of the land subject to this executive order to the inventory of the Department of Land and Natural Resources;
(2) Executive Order No. 1110, setting aside land in Olaa, Puna, Hawaii, to the Hawaii National Guard, and to return 4.000 acres of the land subject to this executive order to the inventory of the Department of Land and Natural Resources;
(3) Executive Order No. 1426, setting aside land in Waiakea, South Hilo, Hawaii, to the Department of Public Safety, and to return 492.500 acres of land subject to this executive order to the inventory of the Department of Land and Natural Resources;
(4) Executive Order No. 1623, setting aside land in Holualoa, North Kona, Hawaii, to the County of Hawaii, and to return 0.133 acres of land subject to this executive order to the inventory of the Department of Land and Natural Resources;
(5) Executive Order No. 2371, setting aside land in Honokaa, Hawaii, to the Department of Accounting and General Services, and to return 2.392 acres of land subject to this executive order to the inventory of the Department of Land and Natural Resources;
(6) Executive Order No. 2748, setting aside land in Waimea, South Kohala, Hawaii, to the County of Hawaii, and to return 0.750 acres of land subject to this executive order to the inventory of the Department of Land and Natural Resources;
(7) Executive Order No. 3074, setting aside land in Keahole, North Kona, Hawaii, to the Department of Transportation, and to return 4,000.000 acres of land subject to this executive order to the inventory of the Department of Land and Natural Resources;
(8) Executive Order No. 2903, setting aside land in Iwilei, Honolulu, Oahu, to the Department of Transportation, and to return 0.344 acres of land subject to this executive order to the inventory of the Department of Land and Natural Resources;
(9) Executive Order No. 4039, setting aside land in Aiea, Ewa, Oahu, to the Department of Education, and to return 2.254 acres of land subject to this executive order to the inventory of the Department of Land and Natural Resources;
(10) Executive Order No. 4170, setting aside land in Mokauea and Kaholaloa, Sand Island, Honolulu, Oahu, to the Department of Transportation, and to return 6.702 acres of land subject to this executive order to the inventory of the Department of Land and Natural Resources;
(11) Executive Order No. 2427, setting aside land in Kahului, Maui, to the Department of Transportation, and to return 5.000 acres of land subject to this executive order to the inventory of the Department of Land and Natural Resources; and
(12) Executive Order No. 3586, setting aside land in Kahului, Maui, to the Department of Accounting and General Services, and to return 2.500 acres of land subject to this executive order to the inventory of the Department of Land and Natural Resources; and
BE IT FURTHER RESOLVED that in cases where a Receiving Agency that is identified above requires public land for its operations but does not require the full amount of land set aside to it by the applicable executive order listed above, the agency may apply to the Department of Land and Natural Resources for an executive order covering a land area that is adequate to meet its needs; and
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources initiate a further review and assessment of existing executive orders to determine whether the Receiving Agencies are fully utilizing the lands set aside to them; and
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources report its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2012; and
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources examine the development potential for any public land returned to its inventory as a result of the withdrawal of the executive orders listed above; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, Chairperson of the Board of Education, Director of Public Safety, Comptroller, Director of Transportation, Mayor of the County of Hawaii, and Hawaii National Guard.
Public Lands; Department of Land and Natural Resources
