Hawaii 2023 Regular Session

Hawaii Senate Bill SCR39 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.C.R. NO. 39 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII SENATE CONCURRENT RESOLUTION Urging THE BOARD OF LAND AND NATURAL RESOURCES TO ESTABLISH A TASK FORCE TO PREPARE a feasibility plan for THE transition OF THE MANAGEMENT OF THE MAKUA MILITARY RESERVATION TO THE STATE FROM THE UNITED STATES ARMY UPON THE EXPIRATION OF General LEASE NUMBER S-3848.
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3	3	THE SENATE S.C.R. NO. 39
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.C.R. NO.
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11	11	39
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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29	29	SENATE CONCURRENT
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31	31	RESOLUTION
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37	37	Urging THE BOARD OF LAND AND NATURAL RESOURCES TO ESTABLISH A TASK FORCE TO PREPARE a feasibility plan for THE transition OF THE MANAGEMENT OF THE MAKUA MILITARY RESERVATION TO THE STATE FROM THE UNITED STATES ARMY UPON THE EXPIRATION OF General LEASE NUMBER S-3848.
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45	45	WHEREAS, use of Makua Valley by the United States military dates back to the 1920s; and WHEREAS, during World War II, more than four thousand acres in the Makua Valley were converted into a United States military reservation and areas of Makua Valley were turned into live-fire training facilities subject to ship-to-shore bombardment; and WHEREAS, kuleana residents and other residents were required to leave Makua Valley following the United States military taking over the area; and WHEREAS, in 1964, the Board of Land and Natural Resources signed a sixty-five year lease with the United States Army for use of the Makua Valley land; and WHEREAS, the United States military continued live-fire training at Makua Military Reservation until 2001, when the United States Army agreed to nearly cease live-fire training at Makua pending a comprehensive Environmental Impact Statement; and WHEREAS, according to the findings of fact from a judge of the United States District Court for the District of Hawaii that temporarily enjoined the Army from conducting live-fire military training at Makua in 2001: (1) There are at least thirty-two listed endangered plants, two endangered birds, one endangered mammal, and one endangered invertebrate snail located in the Makua Military Reservation area; (2) There are records of ten plant species recognized as species of concern, five plant candidate species recognized for threatened or endangered species status, and one animal species of concern in the Makua Military Reservation area; and (3) Makua Valley is associated with a number of Native Hawaiian legends and traditional Native Hawaiian deities, and has significant religious and social value to many Native Hawaiians; and WHEREAS, the Makua Military Reservation contains approximately one hundred sites that are eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, and petroglyphs; and WHEREAS, the United States Army agreed to clear unexploded ordnances, with a focus on providing access to cultural sites in Makua; and WHEREAS, access to cultural sites was halted in 2015 after two grass-cutting contractors were injured when an unexploded ordnance was accidentally exploded, resulting in a lawsuit against the United States Army to renew access to cultural sites; and WHEREAS, General Lease No. S-3848, the State's sixty‑five year lease to the United States Army for its use of Makua Valley, expires on August 16, 2029; now, therefore, BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that the Department of Land and Natural Resources is urged to establish a task force to prepare a feasibility plan for the transition of the management of the Makua Military Reservation to the State from the United States Army upon the expiration of General Lease No. S-3848 expires; and BE IT FURTHER RESOLVED that the task force is requested to be comprised of the Chairperson of the Board of Land and Natural Resources and a member of the Board of Trustees of the Office of Hawaiian Affairs, or the Board's designee; and BE IT FURTHER RESOLVED that the Chairperson of the Board of Land and Natural Resources is requested to invite the following persons to be members of the task force: (1) A representative of the Legislature; (2) The Commanding General of the United States Army Pacific, or the Commanding General's designee, to serve as a military representative; (3) A representative of families who were evicted from the Makua Valley Reserve or whose lands in the Makua Valley Reserve were condemned by the federal government; (4) A representative of the Aha Moku Advisory Committee; (5) Three representatives, each representing a different non-profit organization, having expertise on Makua Valley; and (6) A representative selected from a list provided by Native Hawaiian organizations; and BE IT FURTHER RESOLVED that the task force is requested to elect a chairperson from amongst its members; and BE IT FURTHER RESOLVED that in preparing the feasibility plan for the transition of the management of the Makua Military Reservation from the United States Army, the task force is requested to enter into discussions with the United States Army to: (1) Facilitate the expedient return of the valley reserve upon the expiration of the United States Army's lease; (2) Ensure the clean-up of any unexploded ordnance; and (3) Ensure the expansion of opportunities for cultural access; and BE IT FURTHER RESOLVED that the task force is requested to include in the feasibility plan recommendations and policies that focus on the goal of transferring the lands currently held by the United States Army under General Lease No. S-3848 to the State, including: (1) Holding the lands in trust as part of the public land trust; and (2) Transferring management and control of the lands to the sovereign Native Hawaiian entity upon its recognition by the United States and the State; and BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including the feasibility plan and any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the United States Secretary of the Army, Commanding General of the United States Army Pacific, Chairperson of the Board of Land and Natural Resources, Chairperson of the Office of Hawaiian Affairs Board of Trustees, and Chairperson of the Aha Moku Advisory Committee. OFFERED BY: _____________________________ Report Title: Makua Military Reservation; Task Force; Management Transition
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47	47	WHEREAS, use of Makua Valley by the United States military dates back to the 1920s; and
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51	51	WHEREAS, during World War II, more than four thousand acres in the Makua Valley were converted into a United States military reservation and areas of Makua Valley were turned into live-fire training facilities subject to ship-to-shore bombardment; and
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55	55	WHEREAS, kuleana residents and other residents were required to leave Makua Valley following the United States military taking over the area; and
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59	59	WHEREAS, in 1964, the Board of Land and Natural Resources signed a sixty-five year lease with the United States Army for use of the Makua Valley land; and
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63	63	WHEREAS, the United States military continued live-fire training at Makua Military Reservation until 2001, when the United States Army agreed to nearly cease live-fire training at Makua pending a comprehensive Environmental Impact Statement; and
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67	67	WHEREAS, according to the findings of fact from a judge of the United States District Court for the District of Hawaii that temporarily enjoined the Army from conducting live-fire military training at Makua in 2001:
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71	71	(1) There are at least thirty-two listed endangered plants, two endangered birds, one endangered mammal, and one endangered invertebrate snail located in the Makua Military Reservation area;
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75	75	(2) There are records of ten plant species recognized as species of concern, five plant candidate species recognized for threatened or endangered species status, and one animal species of concern in the Makua Military Reservation area; and
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79	79	(3) Makua Valley is associated with a number of Native Hawaiian legends and traditional Native Hawaiian deities, and has significant religious and social value to many Native Hawaiians; and
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83	83	WHEREAS, the Makua Military Reservation contains approximately one hundred sites that are eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, and petroglyphs; and
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87	87	WHEREAS, the United States Army agreed to clear unexploded ordnances, with a focus on providing access to cultural sites in Makua; and
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91	91	WHEREAS, access to cultural sites was halted in 2015 after two grass-cutting contractors were injured when an unexploded ordnance was accidentally exploded, resulting in a lawsuit against the United States Army to renew access to cultural sites; and
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95	95	WHEREAS, General Lease No. S-3848, the State's sixty‑five year lease to the United States Army for its use of Makua Valley, expires on August 16, 2029; now, therefore,
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99	99	BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that the Department of Land and Natural Resources is urged to establish a task force to prepare a feasibility plan for the transition of the management of the Makua Military Reservation to the State from the United States Army upon the expiration of General Lease No. S-3848 expires; and
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103	103	BE IT FURTHER RESOLVED that the task force is requested to be comprised of the Chairperson of the Board of Land and Natural Resources and a member of the Board of Trustees of the Office of Hawaiian Affairs, or the Board's designee; and
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107	107	BE IT FURTHER RESOLVED that the Chairperson of the Board of Land and Natural Resources is requested to invite the following persons to be members of the task force:
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111	111	(1) A representative of the Legislature;
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115	115	(2) The Commanding General of the United States Army Pacific, or the Commanding General's designee, to serve as a military representative;
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119	119	(3) A representative of families who were evicted from the Makua Valley Reserve or whose lands in the Makua Valley Reserve were condemned by the federal government;
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123	123	(4) A representative of the Aha Moku Advisory Committee;
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127	127	(5) Three representatives, each representing a different non-profit organization, having expertise on Makua Valley; and
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131	131	(6) A representative selected from a list provided by Native Hawaiian organizations; and
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135	135	BE IT FURTHER RESOLVED that the task force is requested to elect a chairperson from amongst its members; and
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139	139	BE IT FURTHER RESOLVED that in preparing the feasibility plan for the transition of the management of the Makua Military Reservation from the United States Army, the task force is requested to enter into discussions with the United States Army to:
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143	143	(1) Facilitate the expedient return of the valley reserve upon the expiration of the United States Army's lease;
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147	147	(2) Ensure the clean-up of any unexploded ordnance; and
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151	151	(3) Ensure the expansion of opportunities for cultural access; and
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155	155	BE IT FURTHER RESOLVED that the task force is requested to include in the feasibility plan recommendations and policies that focus on the goal of transferring the lands currently held by the United States Army under General Lease No. S-3848 to the State, including:
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159	159	(1) Holding the lands in trust as part of the public land trust; and
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163	163	(2) Transferring management and control of the lands to the sovereign Native Hawaiian entity upon its recognition by the United States and the State; and
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167	167	BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including the feasibility plan and any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024; and
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171	171	BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the United States Secretary of the Army, Commanding General of the United States Army Pacific, Chairperson of the Board of Land and Natural Resources, Chairperson of the Office of Hawaiian Affairs Board of Trustees, and Chairperson of the Aha Moku Advisory Committee.
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179	179	OFFERED BY: _____________________________
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183	183	OFFERED BY:
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191	191	Report Title:
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193	193	Makua Military Reservation; Task Force; Management Transition