Bill Text: HI SCR144 | 2014 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 144 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: International Union for Conservation of Nature 2016 Conference

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-03-25 - Report adopted, as amended (SD 1) and referred to WAM. [SCR144 Detail]

Download: Hawaii-2014-SCR144-Introduced.html

THE SENATE	S.C.R. NO.	144
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

URGING THE BOARD OF LAND AND NATURAL RESOURCES TO NOT REISSUE A DIRECT LEASE TO THE UNIVERSITY OF HAWAII FOR THE MAUNA KEA SCIENCE RESERVE, REQUESTING THE UNIVERSITY OF HAWAII BOARD OF REGENTS TO SUBMIT REPORTS AND SUMMARIES OF THE CURRENT LEASES TO THE BOARD OF LAND AND NATURAL RESOURCES, REQUESTING CERTAIN REQUIREMENTS FOR NEW OR RENEWAL LEASES FOR MAUNA KEA LANDS, AND REQUESTING THE GOVERNOR TO NOT ISSUE ANY EXECUTIVE ORDER REGARDING THE LEASE OF MAUNA KEA LANDS.

WHEREAS, the Board of Land and Natural Resources' meeting agenda for November 8, 2013, included item D-5, which related to the Mutual Cancellation of General Lease No. S-4191 to the University of Hawaii for the Mauna Kea Science Reserve and Issuance of New Direct Lease to the University of Hawaii for the Mauna Kea Science Reserve Purposes; and

WHEREAS, General Lease No. S-4191, to the University of Hawaii for Mauna Kea Science Reserve, is for a scientific complex and scientific reserve, more specifically acting as a buffer zone to prevent the intrusion of light and dust interference to the scientific complex, and General Lease No. S-5529, to the University of Hawaii for an access easement, specifies that the premises must be used solely for permanent mid-level facilities, a construction camp, an information station as well as existing facilities' purposes; and

WHEREAS, the current lease rent is gratis; and

WHEREAS, the University of Hawaii has obtained the Board of Land and Natural Resources' approval to issue ten subleases, under which the rent charged was nominal at $1 for the term of the sublease; however, the University of Hawaii receives observatory time at the sublessees' facilities in exchange for the issuing of the sublease; and

WHEREAS, the Mauna Kea Comprehensive Plan identified the need for legislative authority to allow the University of Hawaii to adopt regulations to effectively manage and protect resources on public lands leased on Mauna Kea; and

WHEREAS, the Board of Land and Natural Resources has the responsibility to manage and protect resources on public lands; and

WHEREAS, all fees, including any fees from existing or future subleases, collected by the lessee for the use of ceded lands pursuant to Act 132, Session Laws of Hawaii 2009, shall be deposited into the Mauna Kea lands management special fund under section 304A-2170, Hawaii Revised Statutes, which shall consist of:

(1) Appropriations by the legislature;

(2) All net rents from leases, licenses, and permits, including fees and charges for the use of land and facilities within the Mauna Kea lands;

(3) All monies collected for violations of chapter 304A, Hawaii Revised Statutes, part IV, subpart O; and

(4) Interest earned or accrued on monies in the special fund; and

WHEREAS, astronomy development and activities under the existing Mauna Kea master leases have diminished resources on Mauna Kea for the past forty-five years; and

WHEREAS, the proposed new lease terms constitute a breach of the State's high fiduciary duties as trustee of the ceded lands trust; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the House of Representatives concurring, that the Board of Land and Natural Resources is urged to not reissue a direct lease to the University of Hawaii for the Mauna Kea Science Reserve; and

BE IT FURTHER RESOLVED that the University of Hawaii Board of Regents is requested to submit reports and summaries of the current leases to the Board of Land and Natural Resources; and

BE IT FURTHER RESOLVED that any new or renewal lease agreements contain a requirement that the lease be reviewed in the twenty-fifth and fifty-first year so that the lease rent can be reviewed and revised for any new or renewal lease therafter; and

BE IT FURTHER RESOLVED that new or renewal lease agreements contain a requirement that the University of Hawaii provide a summary of the terms of the subleases of the current and any new telescope facilities, including any benefits to the community derived from these subleases or telescopes; and

BE IT FURTHER RESOLVED that the Governor is requested to not issue any Executive Order regarding the lease of Mauna Kea lands; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, Chairperson of the University of Hawaii Board of Regents, Puko�a Council, Associated Students of the University of Hawaii, and Office of Hawaiian Affairs.