Report Title:

State Park; Residential Leases

 

Description:

Authorizes the department of land and natural resources to issue long-term residential leases to qualified families residing in state living parks and establishes a public advisory body to monitor compliance with the agreements.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

372

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

Relating to living parks.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the department of land and natural resources requires the flexibility to negotiate and enter into long-term residential leases for lands located within state living parks.  Long-term lessees provide valuable caretaking services for state parks for the benefit of the public.  For example, the Kahana valley state park is a model for such endeavors.

     Kahana valley, together with its resident community, may be the only ahupuaa owned by the State in its entirety.  Kahana is home to families that have long been associated with the valley and the ahupuaa lifestyle.

     The State acquired the Kahana ahupua‘a in 1969 to preserve the natural setting of the ahupuaa and to provide public recreational opportunities.  In 1970, a governor's task force proposed the concept of a living park to protect the rights of the residents living in the valley.  The governor recommended the concept to the department of land and natural resources, and the residents were allowed to stay in the park under revocable permits.

     Act 5, Session Laws of Hawaii 1987, set aside a portion of public lands in Kahana valley and authorized the department of land and natural resources to negotiate and enter into sixty-five-year residential leases with persons who had lived continuously in Kahana valley since before 1970 or had permits issued by the department of land and natural resources allowing them to reside on certain parcels within the valley.  One provision of the sixty-five-year residential leases required all qualified lessees to agree to be an essential part of the interpretive programs in Kahana valley state park, as directed by the department of land and natural resources.  Act 5, Session Laws of Hawaii 1987, expired on January 1, 1992.

     Pursuant to Act 5, Session Laws of Hawaii 1987, the department of land and natural resources issued sixty-five-year residential leases to thirty-one qualifying families.  Descendants of six families that did not initially receive sixty-five-year residential leases were allowed to remain in the valley under revocable permits.  The department of land and natural resources has refused to issue long-term residential leases to the six families and recently initiated eviction proceedings against them.

     The purpose of this Act is to authorize the department of land and natural resources to issue long-term residential leases directly to qualified persons, on the condition that they participate in the living park's interpretive or caretaking programs to benefit the public.  The Act also establishes an advisory committee.

     SECTION 2.  The department of land and natural resources is authorized to negotiate and enter into long-term residential leases for lands acquired for state living parks, not to exceed sixty-five years in duration, with persons who:

     (1)  Reside in state living parks on land acquired for state living parks;

     (2)  Have a long standing history of residing on this land in a culturally appropriate manner; and

     (3)  Have remained on the land as caretakers.

     The lands eligible for long-term residential lease negotiations under this Act are limited to those determined eligible by the department of land and natural resources, in consultation with the affected residents.

     SECTION 3.  The lessees agreement to participate in, and become an essential part of, the caretaking programs in state parks, as directed by the department of land and natural resources, shall be considered valuable consideration for a lease granted pursuant to this Act.

     SECTION 4.  The department of land and natural resources may provide persons with long-term leases under this Act that shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency related to zoning and construction standards for subdivisions, the development and improvement of land, and the construction of units thereon; provided that the department of land and natural resources finds the project is consistent with the findings and purpose of this Act and the project meets minimum requirements of health and safety as determined by the department.

     SECTION 5.  For every state living park there shall be established a public advisory body that shall advise the department of land and natural resources on matters relating to the management of the lease program under this Act, including the eligibility of applicants for leases and the monitoring of lessee compliance with participation in interpretive programs.  The public advisory body shall consist of seven members without regard to section 26-34, Hawaii Revised Statutes, as follows:

     (1)  One member representing the department of land and natural resources, as designated by the chairperson of the board of land and natural resources;

     (2)  Two members who are leaseholders, as designated by the chairperson of the board of land and natural resources;

     (3)  One member of the Native Hawaiian Legal Corporation, as designated by the corporation;

     (4)  Two members of the public, as designated by the governor; and

     (5)  One member of the office of Hawaiian affairs, as designated by the office of Hawaiian affairs.

     SECTION 6.  Notwithstanding any other law to the contrary, including chapter 171, Hawaii Revised Statutes, the department of land and natural resources may negotiate and enter into lease agreements in accordance with this Act.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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