RESOLUTION

WHEREAS, for years, the State of Hawaii has been faced with unfulfilled requests for moorage slips as well as a demand for quality berthing and moorage space in public small boat harbors; and

WHEREAS, in 1990, the final environmental impact statement for the Keehi Lagoon Recreation Plan, which proposed a significant increase in the number of needed recreational and commercial boating berths, was completed by the Department of Transportation (DOT) and accepted by the Governor; and

WHEREAS, the development objectives for Keehi Lagoon proposed the use of private sector funds to implement the recommendations of the updated Keehi Lagoon Recreation Plan by leasing unimproved and unused areas to a private developer and generating lease rent revenues to the State; and

WHEREAS, although the State has continued to encourage development of marina facilities by the private sector to help meet the demand for berthing space over the last 20 years, only Ko Olina Marina has been completed and placed in operation due to the prolonged and costly process of obtaining necessary county, state, and federal permits and approvals and the resulting lack of available capital financing; and

WHEREAS, the Department of Land and Natural Resources (DLNR) is actively exploring various alternative means of improving and redeveloping state boating facilities without reliance on state resources, including participation by the private sector; and

WHEREAS, boating funds are and will continue to be insufficient to meet the increasing backlog and demand, and general funds are not available in these strained financial times for this purpose; and

WHEREAS, private companies continue to express an interest in developing boating and ocean recreation facilities in Keehi Lagoon and, in the absence of state funds, may be the only means to effect the development of this valuable resource to its maximum potential; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the Legislature urges the Board of Land and Natural Resources (BLNR) to meet with all stakeholders and registered users of Keehi Lagoon, including the Office of Hawaiian Affairs and canoe-paddling clubs, to review and update the 1990 Keehi Lagoon Recreation Plan and, in particular, to discuss the feasibility and means by which unutilized and underutilized areas of Keehi Lagoon may be productively used; and

BE IT FURTHER RESOLVED that BLNR is requested to explore the leasing of unutilized fast and submerged lands (excluding those areas within the State's existing Keehi Small Boat Harbor or currently used by canoe paddlers) for private development of boating and ocean recreational facilities; and

BE IT FURTHER RESOLVED that BLNR not use this Concurrent Resolution to satisfy the requirements of obtaining legislative approval for the leasing of submerged lands and lands beneath tidal waters under the terms, conditions, and restrictions provided in section 171-53(c), Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that the Governor is requested to consider transferring lands in or around Keehi Lagoon from DOT to the Division of Boating and Ocean Recreation (DOBOR) of DLNR, or if this is precluded by federal restrictions, enter into an agreement wherein DOBOR will be able to oversee these airport lands in the development of small boat and related ocean recreational facilities should any of those fast and submerged lands be identified as land suitable for the development of small boat and ocean recreational facilities; and

BE IT FURTHER RESOLVED that the Governor and BLNR report their progress and findings to the Legislature no later than 20 days before the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Director of Transportation, the Trustees of the Office of Hawaiian Affairs, and to the Chairperson of BLNR, who, in turn, is requested to transmit copies to all listed lessees, licensees, and other registered users of Keehi Lagoon.

Report Title:

BLNR; Keehi Lagoon; Submerged Lands; Develop Master Plan