STAND. COM. REP. NO. 3727

Honolulu, Hawaii

RE:    S.R. No. 46

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Water, Land, and Agriculture, to which was referred S.R. No. 46 entitled:

"SENATE RESOLUTION URGING THE PRESIDENT OF THE UNITED STATES TO DENY ANY REQUEST TO EXPAND THE PAPAHANAUMOKUAKEA MARINE NATIONAL MONUMENT AND OPPOSE ANY ACTION TO EXPAND THE MONUMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to urge the President of the United States to deny any request to expand the Papahanaumokuakea Marine National Monument and oppose any action to expand the monument.

     Prior to the hearing on this measure, your Committee posted and made available for public review a proposed S.D. 1, which deletes the contents of this measure and inserts language to request the Department of Land and Natural Resources to engage in earnest negotiations with the current land owners of the makai lands of Kapua to acquire those lands on behalf of the State or to lease those lands in perpetuity on behalf of the State.

     Your Committee received testimony in support of the proposed S.D. 1 from the Department of Land and Natural Resources, The Trust for Public Land, and two individuals.  Your Committee received testimony in opposition to the proposed S.D. 1 from two individuals.

     Your Committee finds that the makai lands of Kapua in south Kona on the island of Hawaii are a sparsely populated scenic wonder with breathtaking shoreline views.  The lands comprise at least 6,000 privately owned acres in south Kona that are classified as agricultural or conservation land and contain significant historical, archaeological, and cultural resources, including a hōlua slide, ancient coastal trail, village sites, and superb biological resources including native dryland forests and Native Hawaiian plants.  Your Committee further finds that the State should seek to acquire the makai lands of Kapua in the interests of preserving the area's pristine condition for future generations while ensuring the preservation of agricultural and conservation lands in the area.

     Your Committee notes that the late Senator Gilbert Kahele supported the State's purchase of the Kapua makai lands.  One of his last actions as a state legislator was to sign S.B. No. 3071 for introduction during the Regular Session of 2016.  S.B. No. 3071 would have required the Department of Land and Natural Resources to engage in negotiations to acquire the Kapua makai lands; however, the measure did not pass out of Conference Committee.  This proposed S.D. 1, which was authored by Senator Kaiali‘i Kahele, is intended to accomplish the goals of S.B. No. 3071.

     Your Committee has amended this measure by adopting the proposed S.D. 1.

     As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 46, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 46, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,

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MIKE GABBARD, Chair