May 14, 2008
The Governor’s Turtle Bay Advisory Working Group (TBAWG) held its sixth meeting on May 14, 2008. Members discussed technical land issues involved with the acquisition and preservation of the Turtle Bay property, as well as communication outreach.
LEGISLATIVE WRAP-UP
Three bills related to Turtle Bay and supporting voluntary land conservation were approved by the Legislature before the close of the session on May 1. Testimony provided by community members assisted in the passage of this important legislation.
SUBCOMMITTEE REPORTS
Technical Issues Subcommittee
Laura Thielen, director of the Department of Land and Natural Resources (DLNR), presented an initial draft list of technical issues that might need to be resolved to successfully preserve the open space and working agricultural lands in the Turtle Bay area. The subcommittee has secured the assistance of a deputy attorney general and DLNR staff familiar with land transfers and conservation easements to identify solutions in collaboration with the Acquisitions Subcommittee as it continues to meet with interested buyers. The subcommittee will work with the other subcommittees to determine additional technical issues and identify solutions in resolving them.
Potential items included:
• Chapter 171 Hawai‘i Revised Statutes
This Chapter governs the process for lease or sale of lands owned by the State of Hawai‘i. With certain exceptions, if the State is transferring fee title or lease interest in lands, then it must do so by auction. This provision may impact the ability of the State to acquire and transfer portions of the improved lands to partners, such as the condominium associations. The Technical Issues Subcommittee will work closely with the Acquisitions Subcommittee to identify the various acquisition scenarios and determine how this Chapter may affect those opportunities.
• Chapter 205 Hawai‘i Revised Statutes
This Chapter governs the State of Hawai‘i land use classification and reclassification process. The State Land Use Commission placed certain requirements upon the property when it was reclassified into an Urban District years ago. One standard requirement is that the property be developed in substantial conformance with the representations made before the Land Use Commission. In this case, the TBAWG is interested in facilitating an acquisition of the property that would remove entitlements from the unimproved lands and ensure they are never developed.
In a similar vein, the Unilateral Agreement entered into at the time the property was rezoned at the City and County level calls for certain improvements and actions. TBAWG subcommittees will collaborate to address the elements contained in that agreement and to identify the most effective process for making any revisions to it.
• Chapter 343 Hawai‘i Revised Statutes
This Chapter governs the process for Environmental Assessments (EA) and Environmental Impact Statements (EIS). The Chapter requires an EA to be conducted when state funds are used to acquire lands. However, it also provides an exemption to the requirement when the funds are used to acquire unimproved lands. All state conservation purchases to date have been of unimproved lands, and therefore an EA has not been required. In this case, some of the lands are improved, and thereby require an EA if purchased in whole or in part with state funds. The Technical Issues Subcommittee will work to identify timelines for meeting the law in the event some of the improved lands are acquired with any state funds.
OUTREACH
Governor Lingle will speak to the North Shore Chamber of Commerce at their installation banquet on June 4.
To build federal support for the Turtle Bay acquisition, Governor Lingle continued her outreach with several key leaders in late April and May, including Hawai‘i’s Congressional Delegation and Assistant Secretary for Fish and Wildlife and Parks, Lyle Lavery.
In addition, Laura Thielen accompanied Department of the Interior Deputy Secretary Lynn Scarlett on a trip to Midway in April, during which they discussed the importance of preserving Turtle Bay.
TRUST FOR PUBLIC LAND CONTINUES FUNDRAISING CAMPAIGN
The Trust for Public Land has launched a fundraising campaign to raise $5 million to assist in the protection of the Turtle Bay property. To donate, visit www.tpl.org/turtlebay. For more information, please contact: Keith Kraughto, Hawaiian Islands Program Development Director, The Trust for Public Land, 212 Merchant Street, Suite 320, Honolulu, HI 96813, (808) 524-8560, keith.kraughto@tpl.org
NEXT MEETING
The next meeting of the Turtle Bay Advisory Working Group is scheduled for Wednesday, May 28, at 10:00 a.m. in the Governor’s conference room at the State Capitol.
