THE SENATE

S.R. NO.

132

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 
   


SENATE RESOLUTION

 

requesting that the governor establish an advisory COmmission to advise the kaho'olawe island reserve commission regarding the transfer of kaho'olawe from the united states navy to the state of hawaii and requesting an audit of the kaho'olawe island reserve commission.

 

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; and

WHEREAS, although the Kaho'olawe Island Reserve Commission (KIRC) was created to administer the island, the magnitude of the task and potential implications warrants the drafting of a comprehensive master plan to set forth the details of the transfer and subsequent administration; and

WHEREAS, since KIRC utilizes public funds, it should be audited to ensure that it is using those funds appropriately and in a manner consistent with its duties under law; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, that the Governor is requested to establish an advisory commission to advise the KIRC regarding the transfer of Kaho'olawe to the State; and

BE IT FURTHER RESOLVED that the advisory 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 Safety 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 advisory commission; and

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

BE IT FURTHER RESOLVED that the advisory 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 the KIRC draft a comprehensive master plan for transfer of the island from the United States Navy to the State of Hawaii, and submit its plan to the Legislature no later than August 31, 2003; and

BE IT FURTHER RESOLVED that the Auditor conduct an audit of the KIRC, including its funding and expenditures with regard to its duty to administer the island reserve once it is transferred from the United States Navy to the State of Hawaii; and

BE IT FURTHER RESOLVED that the United States Navy is requested to provide the Auditor with copies of all relevant records regarding administration and transfer of Kaho'olawe so that the Auditor may review the Navy's administration of the island; and

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

Report Title:

Requests Governor to establish an advisory commission to advise KIRC regarding the transfer of Kaho'olawe to the State.