FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES
DATE: FRIDAY, AUGUST 14, 2009
TIME: 9:00 A.M.
PLACE: KALANIMOKU BUILDING
LAND BOARD CONFERENCE ROOM 132
1151 PUNCHBOWL STREET
HONOLULU, HAWAII 96813
- July 22, 2009 Minutes
- STAFF PRESENTATION
Attachment: General Maintenance Standards: Land Based Recreation, Boating Facility
- STATE PARKS
- Appoint Staff to be Hearing Officers for purposes of Conducting Public Hearings related to Proposed Amendments to Certain Sections of Chapter 13-146, HAR for the State Parks System to allow for Overnight Accommodations to be reserved via the Internet, Payment by Credit Card and to Charge a Service Fee, and make other substantive and technical amendments relating to clarifying management action and regulatory powers;
- Establish parking fees at certain State Parks, Monuments, Recreation Areas, and Waysides and Authorize the Chairperson to issue and Invitation for Bids, Concession, Agreement or Other Public Process as Allowed by Law, such as a Request for Proposals, and to Award a Contract Related to Parking;
- Increase Fees for Overnight Accommodations at State Parks;
- Establish Commercial Filming Fees for State Parks;
Attachment: Proposed Chapter 13-146 Amendments
2. DIVISION OF BOATING AND OCEAN RECREATION (DOBOR)
- Preliminary Approval to Amend Portions of DOBOR’s Hawaii Administrative Rules, Title 13, sub-title 11, Chapters 230 et. seq., Parts I, II, and III, and Conduct Public Hearings related to the Proposed Amendments to the Administrative Rules;
- Authorize the issuance of Contracts, Concessions, Leases and Other Agreements as Allowed by Law on Lands, Including Submerged Lands Under DOBOR’s Management Jurisdiction for Income Production;
- Delegation of Authority to the Chairperson to Select the Appropriate Processes for Offering and Disposing of Long-term Parking Agreements as allowed by law for the Generation of Parking Revenues at the Ala Wai Small Boat Harbor and the Kailua-Kona Pier;
- Delegation of Authority to the Chairperson to Select the Appropriate Processes to Offering and Disposing of a Long-term Agreement for the Operation of the Heeia Kea Small Boat Harbor Fuel Dock, Convenience Store, and Snack Shop for DOBOR’s Income Production, whether by Lease, Concession or other agreement as allowed by law;
Exhibit A: Rules: Hawaii Administrative Rules (HAR)
Exhibit B: Proposed HAR admendments addressing mooring and other related fees
Exhibit C: Ala Wai Small Boat Harbor, Parking Revenue
Exhibit D: Ala Wai Small Boat Harbor, Parking Map
Exhibit E: Heeia Kea Small Boat Harbor, Map
3. DIVISION OF FORESTRY & WILDLIFE (DOFAW)
- Approve Updated fees for camping, and other recreational uses in forest reserves;
- Approval to Conduct Public Hearings to Repeal Hawaii Administrative Rules (HAR) Chapter 13, §13-125, “RULES REGULATING WILDLIFE SANCTUARIES,” and Adopt Chapter 13, §13-126, “RULES REGULATING WILDLIFE SANCTUARIES”;
- Set aside to DLNR, Division of Forestry and Wildlife for Wildlife Sanctuary Purposes and Issuance of a Management Right-of-Entry, Eighteen (18) Wildlife Sanctuaries Previously Designated by the Board and Identified in Chapter 13-125, HAR;
- Set aside to DLNR, Division of Forestry and Wildlife for Wildlife Sanctuary Purposes and Issuance of a Management Right-of-Entry, Pālā‘au, Moloka‘i, Tax Map Keys: (2)5-1-1:2, 4, 5, and the Unencumbered Lands Seaward of (2)5-1-1:2, 4 AND (2) 5-2-11:4;
- Authorize the Chairperson of DLNR to Develop and Operate Public Shooting Ranges Via Cooperative Agreement, Concession, or Lease;
- To Conduct Public Hearings to Amend Chapter 13, §13-121, “RULES REGULATING THE HUNTING OF WILDLIFE ON PUBLIC LANDS AND OTHER LANDS” to Establish Rules Regulating the Use of Public Shooting Ranges;
- Set Aside to DLNR, DOFAW for Na Ala Hele Trail and Off Highway Vehicle Park Purposes and Issuance of a Management Right-of-Entry, Wahikuli, Maui, Tax Map Key: (2)4-5-21:4;
C. 1.1: Camping Fees
C. 1.2: Forest Reserve System Recreational Commercial Permit fees
C. 2.1: Repeal of Chapter 13-125 and adoption of Chapter 13-126 (HAR)
C. 4.1: Pala au Wetland: Land Ownership
C. 6.1: Rules: Part 2 Wildlife: Chapter 121 Rules regulating the hunting of wildlife on public lands
C. 7.1: Portion of Government lands of Wahikuli, Maui
C. 7.2: Map for tax map key: (2) 4-5-21:4
4. ENGINEERING (Asset Management)
- Permission to Hire a Consultant to Develop Pilot Asset Management System for Selected DLNR Facilities.
5. LAND (Revenue Enhancement)
- Designation of certain Revenue Generating Properties as income-producing assets and reserve these properties to DLNR for the purpose of generating revenues to fund Plan B of the Recreational Renaissance, and ultimately upon receiving the necessary legislation, to also repay bonds issued for DLNR’s original or any approved Recreational Renaissance plan.
- Subject to Federal Aviation Administration prior approval, approve of and recommend to the Governor the issuance of executive orders: (1) withdrawing lands currently set aside to Department of Transportation for airport purposes, identified above as Ualena Street Industrial Properties and Kona Airport Industrial Lands, and resetting aside those lands to DLNR Land Division for income production purposes; and (2) setting aside lands identified above as Kanoelehua Industrial-Commercial Lot to Department of Transportation for airport purposes.
- Authorization to issue long-term leases for the Revenue Generating Properties via public auction, requests for proposals, or any other process authorized under Chapter 171, Hawaii Revised Statutes, as amended (“HRS”).
- Delegation of authority to the Chairperson of the Board of Land and Natural Resources (the “Chairperson”) to: (a) determine the appropriate process for offering and disposing of leases for each of the Revenue Generating Properties; and (b) determine the terms and conditions of each lease, provided, however, that all process, terms and conditions determined by the Chairperson shall comply with the provisions of HRS Chapter 171.
- Delegation of authority to the Chairperson to amend the terms and conditions of any lease, sale of a lease, public auction, request for proposal, or any other disposition previously approved/authorized by the Board, including, but not be limited to, amending the method of disposition, amending the terms and conditions of a lease to be offered for sale, adjusting the upset lease rent for leases to be sold at public auction, and amending the procedures of a request for proposal to authorize the Chairperson to select the successful applicant, negotiate the terms of any development agreement or lease, and execute any documents that are necessary or appropriate to effectuate the intent of the disposition; provided, however, that any amended terms and conditions shall comply with the provisions of HRS Chapter 171 and be subject to review and approval by the Department of the Attorney General.
- Authorize the revenues generated from leases of the Revenue Generating Properties to be held separately in a special fund or account to fund Plan B of the Recreational Renaissance, and ultimately upon receiving the necessary legislation, to also repay bonds issued for DLNR’s original or any approved Recreational Renaissance plan.
- Authorize the hiring of an independent real estate consultant to review DLNR’s land inventory, identify properties with development and revenue-generating potential, and provide recommendations on the disposition of leases for those properties; and delegate to the Chairperson the authority to determine the scope of work of the consultant’s contract, select the parcels to be reviewed under the contract, enter into supplemental contracts to address unforeseen conditions, and sign the necessary documents pertaining to the project.
Exhibit D-1: Withdrawing lands currently set aside to DOT, Ualena Street Parcels
Exhibit D-2: Withdrawing lands currently set aside to DOT, Kona Airport
SUMMARY OF RECOMMENDATIONS
** On any of the above items, the Board of Land and Natural Resources may convene an executive meeting pursuant to sections 92-4 and 92-5(a) of the Hawaii Revised Statutes to consult with the Board’s attorney on issues pertaining to the Board’s powers, duties, privileges, immunities and liabilities or as otherwise allowed by law.
ALL MATERIALS LISTED ON THIS AGENDA ARE AVAILABLE FOR REVIEW IN THE DLNR CHAIRPERSON’S OFFICE OR ON THE DEPARTMENT WEBSITE THE WEEK OF THE MEETING AT: http://hawaii.gov/dlnr/chair/meeting/index.html
INDIVIDUALS REQUIRING SPECIAL ASSISTANCE OR ACCOMMODATIONS ARE ASKED TO CONTACT THE CHAIRPERSON’S OFFICE AT (808) 587-0400 AT LEAST THREE DAYS IN ADVANCE OF THE MEETING.