Bill Text: HI HCR9 | 2011 | Regular Session | Introduced
Bill Title: Kulani Lands; Disapprove Transfer
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-31 - (H) Referred to PBM, WLO, FIN, referral sheet 5 [HCR9 Detail]
Download: Hawaii-2011-HCR9-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
9 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
disapproving THE reset aside OF THE former Kulani Correctional Facility lands from the Department of Public Safety to the Department of Land and Natural Resources as an extension of Pu‘u Maka‘ala Natural Area Reserve and to the Department of Defense for a Youth Challenge Academy.
WHEREAS, On September 9, 2010, the Board of Land and Natural Resources voted to approve the reset aside of former Kulani Correctional Facility lands from the Department of Public Safety as follows: approximately 6,600 acres to the Department of Land and Natural Resources as an extension of Pu‘u Maka‘ala Natural Area Reserve, approximately 600 acres to the Department of Defense for a Youth Challenge Academy, and related easements; and
WHEREAS, these actions will require the cancellations and reset asides of Governor's Executive Order Nos. 1225 (5,600 acres) and 1588 (2,300.27 acres); and
WHEREAS, pursuant to section 171-11, Hawaii Revised Statutes, the Governor may, with the prior approval of the Board of Land and Natural Resources, set aside public lands to any department or agency of the State, the city and county, county, or other political subdivisions of the State for public use or purpose; and
WHEREAS, the power granted to the Governor to set aside or withdraw or withdraw and set aside public lands shall be exercised subject to disapproval by the Legislature by two‑thirds vote of either the Senate or the House of Representatives or by the majority vote of both, in any regular or special session next following the date of the setting aside or withdrawal, or withdrawal and setting aside; and
WHEREAS, while both proposed new uses would provide benefits to the residents of the Island of Hawaii and the State, the speed of the transfer of 7,900 acres gives the community very little time to assess and react to these proposed actions and renders it more difficult for the new state administration to respond to those concerns with constructive actions; and
WHEREAS, the closure of Kulani Correctional Facility in the fall of 2009 had a widespread impact on the Island of Hawaii, as well as the correctional system statewide; and
WHEREAS, in response to the announced closure, the State Senate initiated a review and assessment of the impact to the community from the planned closure of the Kulani Correctional Facility; and
WHEREAS, as part of that review, a Senate Ad Hoc Committee conducted three informational briefings: on August 13, 2009, in Hilo, Hawaii, on August 14, 2009, in Kailua-Kona, Hawaii, and on August 19, 2009, in Honolulu, Hawaii; and
WHEREAS, prior to the Honolulu informational briefing, three subpoenas commanding appearance and testimony before the Committee were served: one to the Chairperson of the Correctional Industrial Advisory Committee, and two to administrators at Kulani Correctional Facility (KCF); and
WHEREAS, written comments were received from the Department of Public Safety, the Mayor of the County of Hawaii, Community Alliance on Prisons, and six individuals, and approximately two dozen people presented oral testimony; and
WHEREAS, unfortunately, the closure of KCF was completed in October 2009, and as anticipated, that closure has had a detrimental impact on the island – economically and environmentally; and
WHEREAS, from its 1946 opening as a work camp through the 2009 closure, KCF incorporated vocational training and specialized programming for the inmates; and
WHEREAS, the inmates used these skills to contribute substantially to the needs of the Big Island, providing mechanical repair and maintenance, construction, heavy equipment operation, computer work, as well as horticulture and conservation assistance through community service projects, and many communities relied heavily on KCF for work they would not otherwise have been able to fund; and
WHEREAS, the reset aside of approximately 6,600 acres as an extension of Pu‘u Maka‘ala Natural Area Reserve supports the mandate of the Natural Area Reserve System under chapter 195, Hawaii Revised Statutes, to protect and preserve Hawaii's unique natural resources; and
WHEREAS, however, adding such a significant acreage to the present system of preserves, sanctuaries, and refuges would require additional fiscal and staffing resources for the Department of Land and Natural Resources, which has had both reduced substantially under the current biennium budget; and
WHEREAS, in October 2010, the Department of Land and Natural Resources began preparation of an environmental assessment (EA) in compliance with chapter 343, Hawaii Revised Statutes, for a Management Plan for Pu‘u Maka‘ala Natural Area Reserve, including 6,600 acres of forest at Kulani; and
WHEREAS, KCF has received significant state investments through capital improvement projects – $8,136,937 since 2000 – and it would be a serious dereliction of the State's fiscal obligations to let these facilities sit idle; and
WHEREAS, the Department of Defense has proposed to use these facilities for an expansion of the Hawaii National Guard Youth Challenge Academy (YCA), which would allow the YCA program to double the current number of graduates from approximately 200 annually to 400; and
WHEREAS, the YCA, which is currently housed at Kalaeloa, Oahu, has been in operation since 1994, and works with 16-18-year-old at-risk youth who did not complete high school, providing vocational training and GED completion; and
WHEREAS, at the September 9, 2010, Board of Land and Natural Resources hearing, the reset aside of lands to the YCA generated considerable discussion, and a number of issues were raised, including funding, land tenure, and the size of the facility needed for YCA; and
WHEREAS, until these issues are resolved, the reset aside of approximately 600 acres of the land for the Hawaii National Guard Youth Challenge Academy may not be the best possible use of this unique State resource; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the Senate concurring, that the Legislature disapproves the reset aside of former Kulani Correctional Facility lands from the Department of Public Safety as follows: approximately 6,600 acres to the Department of Land and Natural Resources as an extension of Pu‘u Maka‘ala Natural Area Reserve, approximately 600 acres to the Department of Defense for a Youth Challenge Academy, and related easements; and
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources and the Department of Defense initiate a further review and assessment of the environmental and fiscal implications and benefits of the resetting aside of the 7,900 acres under the cancellations and reset asides of Governor's Executive Order Nos. 1225 (5,600 acres) and 1588 (2,300.27 acres); and
BE IT FURTHER RESOLVED that the Department of Land and Natural Resources and the Department of Defense report their findings and recommendations to the Legislature no later than twenty days prior to the Regular Session of 2012; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Chairperson of the Board of Land and Natural Resources, the Director of Public Safety, and the Adjutant General.
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OFFERED BY: |
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Kulani Lands; Disapprove Transfer
