THE SENATE

S.C.R. NO.

136

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

Requesting the Department of Land and Natural Resources to address the concerns of kokee state park lessees with expiring leases AND DEVELOPMENT OF A MASTER PLAN FOR STATE PARKS.

 

 

WHEREAS, the island of Kauai boasts some of the most spectacular scenery in the State for backpacking, mountain biking, and horseback riding; and

WHEREAS, the natural beauty and resources of the Waimea Canyon and Koke'e State Parks, portions of the Puu Ka Pele and Na Pali-Kona Forests Reserves, Alakai Wilderness, and Kuia Natural Area Reserve feature outstanding geological, biological, cultural, scenic, and recreational value; and

WHEREAS, these areas are one of the few remaining habitats for many threatened and endangered bird and plant species endemic to Hawaii; and

WHEREAS, these unique resources attract nearly 1,000,000 visitors and residents every year to the region, placing enormous strains on an already fragile ecosystem and budget constraints have exacerbated the limited and deteriorating infrastructure and facilities; and

WHEREAS, the citizens of the Island of Kaua'i were instrumental in the creation of these Parks over eighty years ago; and

WHEREAS, in subsequent years, a wide cross section of Kauai's citizens established a community consisting of over 100 lease holders within the two State Parks, several churches and other eleemosynary institutions; and

WHEREAS, the Koke'e community serves as a model of responsible stewardship for all of Hawaii, due to its many volunteer public service projects, including the renovation of major public facilities within the Parks; and

WHEREAS, the recreation-residential leases within the Parks are scheduled to expire on December 31, 2005; and

WHEREAS, the lessees have made improvements to their lots that have added substantial value to these state-owned properties; and

WHEREAS, many of these homes have been recognized by the State Historical Preservation Division as possessing substantial architectural merits; and

WHEREAS, if, at the conclusion of the present leases, lessees choose not to renew their leases or are not offered the opportunity to renew their leases, they will have spent their own moneys to improve state lands; and

WHEREAS, it may be costly and difficult to remove these permanent improvements, and questions are sure to arise as to the responsibility for such action; and

WHEREAS, the legislature finds that it is fair and equitable that these lessees be reimbursed for their permanent improvements that have added value to their leased properties; and

WHEREAS, section 184-5, Hawaii Revised Statutes, authorized the Department of Land and Natural Resources (DLNR) to make rules governing the use and protection of the state park system; now, therefore,

WHEREAS, the State's parks showcase Hawaii's finest natural, cultural, and scenic resources for residents and visitors alike, while protecting and preserving these resources; and

WHEREAS, the state park system is a major part of the allure of Hawaii for tourists, thereby making it a significant part of the State's overall economic development; and

WHEREAS, to only speak of the beauty of the statewide park system, the wilderness trails, and ecological protection is to ignore the economic benefit that these areas bring to the islands; and

WHEREAS, the Department of Land and Natural Resources is responsible for the day-to-day operations of State parks; and

WHEREAS, undertaking the development of a State parks master plan would serve the public interest respecting public lands held under the Public Trust; and

WHEREAS, a comprehensive master plan to address repairs and maintenance of the State's parks will guide the Department of Land and Natural Resources in planning the future of a state system of parks, including consideration of potential historic and nature reserve parks, and help improve the recreational opportunities they provide; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the House of Representatives concurring, that DLNR is requested to adopt rules to reimburse lessees who have made permanent improvements to leasehold residences at Kokee State Park; and

BE IT FURTHER RESOLVED that the Chairperson of the Board of Land and Natural Resources is requested to:

(1) Consider a fair, equitable, and reasonable extension of the term of the existing recreation-residence leases, so as to ensure that sufficient notice be provided to the lessees in accordance with law, prior to their expiration;

(2) Consider repealing the provision in the existing leases which requires the surrender of the improvements by the lessees to the State, to ensure that no private property is taken without compensation; and

(3) Determine how to best protect and maintain intact this exceptional community as a historic rural landscape; and

BE IT FURTHER RESOLVED that DLNR shall develop a comprehensive statewide master plan for the repair and maintenance of Hawaii's State Parks and included in this master plan shall be a statewide maintenance plan to address funding for the future of these types of leases throughout the State; and

BE IT FURTHER RESOLVED that DLNR shall maintain and preserve state parks which have been designated as historic by its Historic Preservation Division, i.e., Irwin Memorial Park; and

BE IT FURTHER RESOLVED that the State parks master plan shall be updated not less than once every six years; and

BE IT FURTHER RESOLVED that all state parks should be part of this master plan; and

BE IT FURTHER RESOLVED that DLNR shall conduct public hearings to review the lease agreements; and

BE IT FURTHER RESOLVED that DLNR shall report to the Legislature, no later than twenty days prior to the convening of the Regular Session of 2003, on the progress of the adoption and implementation of these rules, complications encountered in the reimbursement process, along with remedial recommendations and recommendations regarding changes in present state policy that would fairly and equitably meet the needs of lessees while protecting the State's interest; and

BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

Report Title:

Leased Residences in Kokee State Park; DLNR