THE SENATE                           S.C.R. NO.            168
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE FEDERAL GOVERNMENT TO DECLARE THE LANDS UNDER
    THE LEILEHUA GOLF COURSE TO BE SURPLUS TO THEIR NEEDS AND
    TO PROVIDE FOR THEIR RETURN TO THE STATE AS CEDED LANDS.


 1        WHEREAS, when the use of ceded lands by the federal
 2   government no longer is needed for the purposes for which they
 3   were taken, these lands should be declared "surplus" and
 4   returned to the State of Hawaii; and
 5   
 6        WHEREAS, the lands under the Leilehua Golf Course are
 7   crown lands that were ceded to the federal government from the
 8   Republic of Hawaii in 1898; and
 9   
10        WHEREAS, the federal government encumbered these lands by
11   Presidential Executive Order 2800; and
12   
13        WHEREAS, under the Admission Act, the lands encumbered by
14   Presidential Executive Order 2800 were considered to fall under
15   section 5(c) of that Act, pursuant to which lands that were set
16   aside by law for the use of the United States under any
17   executive order were to remain the property of the United
18   States; and
19   
20        WHEREAS, while these lands are not part of the public land
21   trust created under section 5(f) of the Admission Act, the
22   State still retains an ownership interest in these crown lands
23   and all other ceded lands; and
24   
25        WHEREAS, should the federal government determine that the
26   lands under the Leilehua Golf Course are surplus to their
27   needs, the State may acquire the lands pursuant to Public Law
28   88-233, which requires the State to pay the federal government
29   for the improvements on the property when the lands are
30   returned to the State, at which point the re-acquired lands
31   would be considered ceded lands; and
32   
33        WHEREAS, during this time of federal downsizing, including
34   the downsizing of various military facilities in Hawaii and
35   around the country, the use of the Leilehua Golf Course should
36   be re-evaluated by the federal government as surplus to their
37   needs and returned to Hawaii as ceded lands; now, therefore,

 
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                                  S.C.R. NO.            168
                                                        
                                                        


 1   
 2        BE IT RESOLVED by the Senate of the Twentieth Legislature
 3   of the State of Hawaii, Regular Session of 1999, the House of
 4   Representatives concurring, that the federal government is
 5   urged to declare the lands under the Leilehua Golf Course to be
 6   surplus to their needs and to provide for their return to the
 7   State as ceded lands; and
 8   
 9        BE IT FURTHER RESOLVED that Hawaii's congressional
10   delegation is urged to take every action, including introducing
11   appropriate legislation, to assist in the redesignation of the
12   lands under the Leilehua Golf Course as surplus lands and to
13   facilitate the return of these lands to the State; and
14   
15        BE IT FURTHER RESOLVED that certified copies of this
16   Concurrent Resolution be transmitted to the President of the
17   United States, the President and Majority Leader of the United
18   States Senate, the Speaker of the United States House of
19   Representatives, Hawaii's congressional delegation, and the
20   Governor of the State of Hawaii.
21 
22 
23 
24                         OFFERED BY:  ____________________________