STAND

STAND. COM. REP. NO. 1331-04

Honolulu, Hawaii

, 2004

RE: H.R. No. 116

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Water, Land Use, and Hawaiian Affairs and Public Safety and Military Affairs, to which was referred H.R. No. 116 entitled:

"HOUSE RESOLUTION SUPPORTING THE UNITED STATES NAVY'S REQUEST TO ASSUME RESPONSIBILITY FOR THE OPERATION AND MAINTENANCE OF THE PUMPING AND DRAINAGE SYSTEMS IN MANA, KAUAI, IN EXCHANGE FOR A LONG-TERM LEASE OF STATE LANDS ON WHICH THE PUMPING AND DRAINAGE SYSTEMS ARE LOCATED AS WELL AS THE RETENTION OF A PERMANENT AGRICULTURAL BUFFER FOR THE PACIFIC MISSILE RANGE FACILITY,"

beg leave to report as follows:

The purpose of this resolution is to:

(1) Recognize the United States Navy's (Navy) numerous contributions to the County of Kauai and the State of Hawaii;

(2) Support the Navy's request for:

(a) The permanent retention of agricultural activities on state lands bordering the inland perimeter of the Pacific Missile Range Facility (PMRF); and

(b) A long-term lease of state lands in Mana, Kauai, on which pumping and drainage systems are located; and

(3) Urge the Board of Land and Natural Resources (BLNR) to support the Navy's request.

The Navy, Agribusiness Development Corporation, Chamber of Commerce of Hawaii, Honolulu Council of the Navy League of the United States, and numerous concerned individuals testified in support of this measure. The Department of Land and Natural Resources (DLNR) commented on this measure.

Your Committee finds that, since the creation of the military base at Barking Sands, Kauai, now known as PMRF, the military has co-existed compatibly with the people of Kauai and have played a major role as a good community "neighbor." Geopolitical events around the world have forced all branches of the United States military to refocus its training activities and preparedness and passage of this measure will allow the military to maintain their capabilities at PMRF.

Your Committees have amended this measure by clarifying that:

(1) The intent of this measure is to support the Navy's request for a long-term lease of state lands as well as the preservation of a permanent agricultural buffer around PMRF;

(2) The Navy has already asked DLNR for:

(a) Assurances that state lands that adjoin the inland perimeter of PMRF not otherwise designated for park or bird sanctuary purposes be permanently retained in agriculture to provide a necessary buffer;

(b) A long-term lease of a strip of land immediately adjacent to PMRF; and

(c) A restrictive easement for state lands adjacent to PMRF with such easement being an interest in real property that conveys the right, privilege, and authority to restrict the uses of the property;

(3) The Legislature supports the Navy's request for:

(a) A restrictive easement for state lands adjacent to the inland perimeter of PMRF;

(b) A long-term lease of state lands in Mana on which pumping and drainage systems are located; and

(c) A long-term lease of approximately 270 acres of coral-based state land deemed unsuitable for agriculture located between the main highway and the base at PMRF;

(4) The Navy wishes to participate in the operation and maintenance of the pumping and drainage system at an annual cost of $500,000 to protect PMRF's viability as a major research, development, testing, and evaluation center and to protect the entire area from returning to its submerged state;

(5) The Navy has already expended approximately $4.5 million for repair and replacement of pumping equipment and clearing of irrigation and drainage channels; and

(6) A lease of the state lands on which the pumping and drainage system is located would allow the Navy to use regularly appropriated funds for this purpose.

Your Committees have also amended the title to read:

"SUPPORTING THE UNITED STATES NAVY'S REQUEST FOR A LONG-TERM LEASE OF STATE LANDS AS WELL AS THE PRESERVATION OF A PERMANENT AGRICULTURAL BUFFER AROUND THE PACIFIC MISSILE RANGE FACILITY."

Other technical, nonsubstantive amendments were made for clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Water, Land Use, and Hawaiian Affairs and Public Safety and Military Affairs that are attached to this report, your Committees concur with the intent and purpose of H.R. No. 116, as amended herein, and recommend that it be referred to the Committee on Finance, in the form attached hereto as H.R. No. 116, H.D. 1.

Respectfully submitted on behalf of the members of the Committees on Water, Land Use, and Hawaiian Affairs and Public Safety and Military Affairs,

____________________________ KEN ITO, Chair		____________________________ EZRA R. KANOHO, Chair