Legislation Provides Additional Tool in Turtle Bay Acquisition Process

Legislation Provides Additional Tool in Turtle Bay Acquisition Process

Governor Linda Lingle has signed into law two bills to strengthen the State's and community's ongoing collaborative efforts to preserve valuable lands and natural resources throughout Hawai‘i for future generations.

One bill (SB2423 SD2 HD2 CD1), which becomes Act 140, provides the Governor with additional negotiating tools to use in acquiring and protecting nearly 1,300 acres of land on O‘ahu's North Shore, including the makai and mauka lands from Kahuku Point to Kawela Bay.

Act 140 authorizes the Governor to acquire the area, known as the "Turtle Bay property," through a variety of means, including direct appropriations, general obligation bonds, exchange of public lands, federal funds, private funds or other negotiated agreements. While the bill also authorizes the use of eminent domain, the Administration believes this is not a preferred option and would only be used as a last resort.

"Since I first raised the idea to acquire and preserve the Turtle Bay property, support from all sectors of the community across our state, including legislators, businesses, environmental groups and unions has been overwhelmingly positive," said Governor Lingle. "This new law provides additional support in our collaborative effort to ensure this important part of Oahu's North Shore remains in public hands for the benefit of future generations."

Governor Lingle first raised the idea to purchase the Turtle Bay property in her State of the State Address in January. A Governor's Turtle Bay Advisory Working Group, comprised of community, business, government, non-profit and union leaders, has been meeting to address how to acquire the property and preserve it for public use, while also maintaining the economic viability of the existing resort. To minimize the use of public funds, the State would sell the resort hotel, golf courses, related businesses and condominiums as part of the financing.

A second measure (SB3102 SD2 HD1 CD1), which the Governor signed as Act 139, adds flexibility to the Department of Land and Natural Resources' land conservation fund by allowing public and private funds to be added and distributed as grants for the acquisition of state conservation lands.

In 2005, the Governor signed Act 156 which directed 10 percent of the conveyance tax into the Land Conservation Fund to be used for the purchase and preservation of properties with unique cultural or natural resources. Under this new law, the Fund can accept private donations, federal funds or other contributions. In addition, Act 139 allows up to 5 percent of the Land Conservation Fund to be used for management and maintenance of acquired lands.

Last month, the Board of Land and Natural Resources voted to approve $4.7 million from the Land Conservation Fund to acquire and protect five properties on Maui, Kaua‘i, Moloka‘i, Hawai‘i and O‘ahu that have value as natural or cultural resources to the state. The funds, which will be used by one county and four non-profit land conservation organizations for the acquisitions, were approved and released by the Governor last week.

The Governor signed the bills this evening at the North Shore Chamber of Commerce Officers Installation Dinner, which was held at Waimea Valley.

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