THE SENATE

S.C.R. NO.

186

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

requesting that the governor establish a COmmission to oversee the transfer of kaho'olawe from the united states navy to the state of hawaii.

 

WHEREAS, the United States Navy used Kaho'olawe for bombing, target practice, and other training exercises during World War II; and

WHEREAS, a 1953 Executive Order gave jurisdiction of Kaho`olawe to the Secretary of the Navy, with the stipulation that the island would be restored to a "habitable condition" and returned to the State when the Navy no longer required it; and

WHEREAS, on October 22, 1990, President George Bush directed the Department of Defense to stop all bombing and target practice on the island; and

WHEREAS, under conditions of a Memorandum of Understanding between the Navy and the State of Hawaii, Congress permanently stopped all military training on Kaho'olawe in November 1993; and

WHEREAS, in 1993, the Legislature established the Kaho'olawe Island Reserve, comprised of the island and a two-mile-wide ribbon of ocean surrounding it, stating that the reserve will be used solely and in perpetuity for the preservation and practice of Native Hawaiian cultural, spiritual, and subsistence uses; and

WHEREAS, the Legislature also established the Kaho'olawe Island Reserve Commission, which is administratively attached to the Department of Land and Natural Resources, to manage the reserve while it is held in trust for a future Native Hawaiian sovereign entity; and

WHEREAS, on May 7, 1994, the deed returning Kaho'olawe to the people of Hawaii was signed, making the island a cultural reserve to be held in trust for the sovereign Native Hawaiian entity when it is reestablished and recognized by the state and federal governments; and

WHEREAS, although the Navy projected that it would have cleared 100 percent of the surface ordnance and 30 percent of the subsurface ordnance within ten years, it will likely have only cleared about 66 percent of the surface and less than 10 percent of the subsurface ordnance; and

WHEREAS, with so many areas still embedded with ordnance, the ongoing cost of managing the island increases, and unexploded ordnance may still present a threat to visitors; and

WHEREAS, once jurisdiction over Kaho'olawe is transferred to the State, the State will be legally responsible for the safety of visitors to the island; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, the House of Representatives concurring, that the Governor is requested to establish a commission to oversee the transfer of Kaho'olawe to the State; and

BE IT FURTHER RESOLVED that the commission be comprised of the following members:

(1) An associate in risk management (ARM) certified by the Insurance Institute of America;

(2) A person familiar with the United States Environmental Protection Agency's management of contaminated sites or unexploded ordnance;

(3) A professional certified in accordance with Department of Labor and Industrial Relations standards; and

(4) Two other members to be appointed by the Governor.

BE IT FURTHER RESOLVED that all members of Hawaii's congressional delegation are urged and invited to sit on the commission; and

BE IT FURTHER RESOLVED that all members of the commission shall serve for one year at the pleasure of the Governor; and

BE IT FURTHER RESOLVED that the commission shall work closely with the Kaho'olawe Island Reserve Commission to ensure that safety, financial, and accountability issues are properly addressed to protect the public safety; and

BE IT FURTHER RESOLVED that the commission's primary goals will be management and access control with safety as the highest priority and to minimize potential liability for the State; and

BE IT FURTHER RESOLVED that the commission should maximize safe cultural access with proper precautions and planning; and

BE IT FURTHER RESOLVED that the commission report to the Legislature not later than twenty days prior to the convening of the 2004 Regular Session; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Kaho'olawe Island Reserve Commission, Hawaii's congressional delegation, and the Governor of the State of Hawaii.

 

 

 

OFFERED BY:

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Report Title:

Requests Governor to establish a commission to oversee the transfer of Kaho'olawe to the State.