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HOUSE OF REPRESENTATIVES             H.C.R. NO.            H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  CONCURRENT
                        RESOLUTION
  REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES AND EACH
    COUNTY TO ENTER INTO LONG-TERM LEASES AND DEVELOPMENT
    AGREEMENTS WITH CANOE RACING ASSOCIATIONS THAT DESIRE TO
    MAKE IMPROVEMENTS TO THEIR EXISTING TENANCIES.



 1        WHEREAS, the Admission Act of 1959 granted certain lands
 2   to the State of Hawaii under section 5(b) and in section 5(f)
 3   provided that the lands granted to the State under section 5(b)
 4   and public lands retained by the United States under section
 5   5(c) and (d) shall be held as a public trust for the betterment
 6   of native Hawaiians and for other trust purposes; and
 7   
 8        WHEREAS, article XII, section 4, of the State Constitution
 9   requires that lands granted under section 5(b) of the Admission
10   Act, be held by the State as a public trust for native
11   Hawaiians and the general public; and
12   
13        WHEREAS, article XII, section 7, of the State Constitution
14   protects "all rights, customarily and traditionally exercised
15   for subsistence, cultural and religious purposes and possessed
16   by ahupua'a tenants who are descendants of native
17   Hawaiians..."; and
18   
19        WHEREAS, Hawaiian canoe clubs are located on public lands
20   granted under section 5(b), (c), and (d) of the Admission Act,
21   including public parks, beaches, harbors, and waterways in each
22   district and neighborhood throughout the State; and
23   
24        WHEREAS, these public lands are providing a convenient
25   location to practice the cultural tradition of Hawaiian canoe
26   paddling and training; and
27   
28        WHEREAS, currently, Hawaiian canoe clubs statewide are the
29   present tenants on public lands with revocable permits or year-
30   to-year tenancies; and
31   

 
 
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                                  H.C.R. NO.            H.D. 1
                                                        
                                                        

 
 1        WHEREAS, Hawaiian canoe clubs that currently have
 2   revocable permits and year-to-year tenancies would have the
 3   opportunity to stabilize their existing tenancies and at the
 4   same time make improvements to the lands if they could enter
 5   into longer leases; and
 6   
 7        WHEREAS, sections 171-43 and 171-43.1, Hawaii Revised
 8   Statutes, allow for leases on public lands for nominal amounts
 9   to eleemosynary or religious organizations; now, therefore,
10   
11        BE IT RESOLVED by the House of Representatives of the
12   Twentieth Legislature of the State of Hawaii, Regular Session
13   of 1999, the Senate concurring, that the Department of Land and
14   Natural Resources and the county governments are requested to
15   solicit development plans by Hawaiian canoe club lessees to
16   develop, upgrade, renew, or revitalize the land on which they
17   lease; and
18   
19        BE IT FURTHER RESOLVED that upon acceptance of a
20   development plan, the Board of Land and Natural Resources and
21   each county are requested to enter into development agreements
22   with lessees which incorporate the development plan, including
23   the establishment of long-term leases; and
24   
25        BE IT FURTHER RESOLVED that the canoe clubs are encouraged
26   to apply for long-term leases as eleemosynary organizations,
27   pursuant to sections 171-43 and 171-43.1, Hawaii Revised
28   Statutes; and 
29   
30        BE IT FURTHER RESOLVED that the Board of Land and Natural
31   Resources and each county are requested to set the term of the
32   lease, taking into consideration the improvements to be made
33   and the time needed to amortize the cost; and
34   
35        BE IT FURTHER RESOLVED that the Board of Land and Natural
36   Resources and each county are requested to report their
37   progress in entering into these leases to the Legislature
38   twenty days before the convening of the Regular Session of
39   2000; and
40   
41        BE IT FURTHER RESOLVED that certified copies of this
42   Concurrent Resolution be transmitted to the Chairperson of the
43   Board of Land and Natural Resources, and the mayor of each
44   county in the State.