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--4....<1. M 5) All existing leases and revocable permits would have to be honored by the County. (Note: there is no lease or revocable per-mit issued in regard to the cruise ship industry.) At their expiration date, the Cout1tymay renew or enter into new and/or additional agreements. Further, all projects that are planned or arc underway will be transferred to the County in an "as is" status as of the date oCthe trilnsfer. (See Chairman Young's letter dated January 6, 2006, to Mayor Kim) 6) Management and operation by the County may be entirely by the County, entirely by private operators (for profit or nOIl~profit) or by some combination of the two. 7) The State would not be involved ill law enrorcement activities within the transferred facilities. That responsibility would devolve to the County 6) RFPs that may be issued by DLNR have Ilot been prepared Stilluncler consideration. 7) The State will retili n jmisdictiorl over ncar-shale waters. Conc1usi ons: I) Absent SB 2150, authority exists \vithin the Executive Branch, by and through the DLNR, to transfer the management and operati on of the boating faci I i ties in questi on to the County. 2) The manner and form of the transfer would be by and through an Executive Order, issued after the completion of negotiations with the County. The form and nature of the Order would likely follow that L1sed 10 transfer St,ltc park land to the counties. 3) The State would retain the real propeJ1y interest. Title to the real property would not be Transferred to the COllnty 4) Authority would be provided to the COliilty to construct, demolish, reconstruct, replace or otherwise improve the facilities (lS tile COllnty may see fit without first obtaining State approval. . 5) Management and oper,ltiol1 may be cntirely by County government, entirely by private organizations (either for profit 0[' non-prolit) or by any combination of the two (So far as the State is concerned. We h(lvC not received d response from the Corporation Counsel as to its view of County authority.) 6) The Hawaii County Police Depilrtment I1l<lY enrorce all state laws and cOLlnty ordinances within the transferred f<lcilities 7) Negotiations between the State and the COllnty would be necessary to resolve some issues. We would be pleased to respond to any questions that you may have. CC: Noelani Whittington Jane Bockus -, -)