Report Title:

Poamoho; land exchange

 

Description:

Directs the Department of Land and Natural Resources to enter into negotiations with the George Galbraith Estate for a land exchange of private agricultural lands situated north of Wahiawa, Oahu.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1793

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to land exchange.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that it is in the public interest to enter into a land exchange with the George Galbraith Estate involving lands north of Wahiawa, Oahu. Accordingly, the legislature enacted Act 255, Session Laws of Hawaii (SLH) 1996, to authorize the department of land and natural resources to enter into negotiations for a land exchange with the George Galbraith Estate for the acquisition of additional agricultural lands in central Oahu. Among other conditions, Act 255 prohibited the consummation of the land exchange if the private land is included as part of a site listed on the National Priorities List (NPL) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986.

Because the lands belonging to the George Galbraith Trust that were intended for exchange were listed on the NPL, the department of land and natural resources was prohibited from entering into negotiations with the George Galbraith Estate.

However, the legislature further finds that the federal Environmental Protection Agency will remove a large portion of land situated in central Oahu from the NPL, including lands that are part of the George Galbraith Estate. These lands include land identified by tax map key numbers (01) 7-1-01 and (01) 6-5-02, as bounded to the north and south at 3.0 miles north and 4.5 miles north, respectively of the Kunia Well, Wahiawa Reservoir (Lake Wilson) to the South, Kaukonahua Gulch to the east, and Poamoho Gulch to the north. State highways 80, 82, and 99 cross the Poamoho section.

With the removal of these lands from the NPL, the legislature believes it is in the public interest for the department of land and natural resources to proceed with negotiations for the land exchange with the George Galbraith Estate.

The purpose of this Act is to direct the board of land and natural resources to enter into negotiations with the George Galbraith Estate for lands situated north of Wahiawa.

SECTION 2. The board of land and natural resources shall enter into negotiations for a land exchange with the George Galbraith Estate involving private lands north of Wahiawa, Oahu, in exchange for conveying public lands in accordance with Act 255, SLH, 1996.

SECTION 3. The board of land and natural resources shall submit a report to the legislature at least twenty days prior to the convening of the regular session of 2005, on the status of negotiations with the George Galbraith Estate for the land exchange.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________