Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 1793 entitled:

begs leave to report as follows:

The purpose of this bill is to provide the State with additional agricultural lands in Central Oahu by authorizing a land exchange involving private lands north of Wahiawa, Oahu.

This bill reauthorizes the Department of Land and Natural Resources (DLNR) to enter into negotiations with the George Galbraith Estate for the acquisition of private lands generally located between the Wahiawa Reservoir, Poamoho Gulch, and Schofield Barracks.

Act 255, Session Laws of Hawaii 1996, authorized the Board of Land and Natural Resources to enter into land exchange negotiations for the same property. However, because the land was included on a Superfund National Priorities List (pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986), negotiations were prohibited. In January, 2004, these lands were removed from the National Priorities List.

The Wahiawa Community and Business Association, Hawaiian Civic Club of Wahiawa, ILWU Local 142, Poamoho Community Association, and three individuals testified in support of this bill. The Trustee of the George Galbraith Trust, DLNR, and one individual offered comments.

The DLNR testified that although the State's holdings currently consist of little income-producing land and are over 97 percent ceded, the landowner will only consider nonceded lands and commercial properties in the exchange. Moreover, given the low demand for large agricultural tracts, it may be difficult to find a tenant to farm the Wahiawa lands.

While acknowledging the difficulties in executing this land exchange, your Committee is hopeful that continued discussion on this bill could lead to an eventual resolution. Accordingly, your Committee has amended this bill by:

(1) Clarifying the location of the private lands; and

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1793, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1793, H.D. 1, and be referred to the Committee on Finance.