Bill Text: HI SR80 | 2018 | Regular Session | Introduced

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Bill Title: Authorizing The Issuance Of A Term Lease Covering A Portion Of State Submerged Lands At Kahaluu, North Kona, Island Of Hawaii.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2018-03-15 - Referred to WTL, WAM. [SR80 Detail]

Download: Hawaii-2018-SR80-Introduced.html

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THE SENATE	S.R. NO.	80
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

SENATE RESOLUTION

 

 

authorizing the issuance of a term lease covering a portion of state submerged lands at Kahalu‘u, North Kona, Island of Hawai‘i.

 

 

     WHEREAS, at its meeting on February 9, 2018, under agenda item D-5, the Board of Land and Natural Resources approved a sixty-five year direct lease between the State and the Trustees of the Estate of Bernice Pauahi Bishop for approximately 3.992 acres of land at Kahalu‘u, North Kona, Island of Hawai‘i, identified as tax map key number (3) 7-8-013:  portions of 002 and 043; and

 

     WHEREAS, the public purpose for the direct lease, as approved, is for educational, cultural, and historic site preservation purposes; and

 

     WHEREAS, section 171-53(c), Hawaii Revised Statutes, provides that the Board of Land and Natural Resources, with prior approval of the Governor and prior authorization of the Legislature by concurrent resolution, may lease state submerged lands and lands beneath tidal waters under the terms, conditions, and restrictions set forth in chapter 171, Hawaii Revised Statutes; and

 

     WHEREAS, section 171-43.1, Hawaii Revised Statutes, provides that the Board of Land and Natural Resources may lease, at a nominal consideration, public lands to an eleemosynary organization that has been certified to be tax exempt under section 501(c)(1) or 501(c)(3) of the Internal Revenue Code of 1986, and that the public lands leased shall be used by an eleemosynary organization for the purposes for which the eleemosynary organization's charter was issued and for which the eleemosynary organization was certified by the Internal Revenue Service; and

 

     WHEREAS, the Estate of Bernice Pauahi Bishop is certified to be tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986; and

 

     WHEREAS, the Trustees of the Estate of Bernice Pauahi Bishop propose to use the land subject to the direct lease as part of the Kahalu‘u Ma Kai Educational and Cultural Complex, which the Trustees of the Estate of Bernice Pauahi Bishop find is consistent with the Estate's mission of providing high quality educational experiences for Native Hawaiian children and families, and which will be the piko (center) of the Trustees' educational offerings in the West Hawai‘i region; and

 

     WHEREAS, as part of the Kahalu‘u Ma Kai Educational and Cultural Complex, the Trustees of the Estate of Bernice Pauahi Bishop propose to include a managed public access plan and the restoration and interpretive management of several sacred heiau and the Pa o Ka Menehune Fishpond, which are located adjacent to the submerged lands subject to the direct lease; and

 

     WHEREAS, a dispute previously arose between the Department of Land and Natural Resources and the Trustees of the Estate of Bernice Pauahi Bishop as to the location of the shoreline and the ownership of the submerged lands subject to the direct lease; and

 

     WHEREAS, in order to work collaboratively rather than in conflict, the Department of Land and Natural Resources and the Trustees of the Estate of Bernice Pauahi Bishop have "agreed to disagree" as to the location of the shoreline and the ownership of the submerged lands, with the parties specifically reserving all rights, claims, and defenses, and proceed to issue the Trustees of the Estate of Bernice Pauahi Bishop the direct lease; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, that the Board of Land and Natural Resources is hereby authorized to issue a lease of sixty-five years for approximately 3.992 acres of land covering state submerged lands at Kahalu‘u, North Kona, Island of Hawai‘i, identified as tax map key number (3) 7-8-013:  portions of 002 and 043 pursuant to section 171-53, Hawaii Revised Statutes; and

 

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

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Term Lease; Legislative Authorization; North Kona; BLNR