STAND. COM. REP. NO. 345

Honolulu, Hawaii

, 2005

RE: S.B. No. 1409

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 1409 entitled:

"A BILL FOR AN ACT RELATING TO KAHANA VALLEY STATE PARK,"

begs leave to report as follows:

The purpose of this measure is to reauthorize the Department of Land and Natural Resources (DLNR) to issue long-term leases to qualified individuals.

Testimony in support of this measure was submitted by Ho'ulu Hou Project, Native Hawaiian Legal Corporation, Native Hawaiian Protocol and Consultant Services, and one individual. The DLNR and one individual opposed this measure.

Long-term residential leases were given by DLNR to individuals who lived continuously in Kahana valley or had permits allowing them to live in certain parcels of land in Kahana valley pursuant to Act 5, Session Laws of Hawaii 1987. The authority to issue leases expired on January 1, 1992. However, more families would like an opportunity to also sign long-term leases.

This measure:

(1) Reauthorizes DLNR to issue long-term residential leases to qualified individuals currently residing in Kahana valley with the condition that they participate in the interpretive program;

(2) Authorizes DLNR to subdivide and provide a residential subdivision in Kahana valley for individuals who receive long-term leases under this measure; and

(3) Establishes a Kahana valley state park advisory committee.

Your Committee has amended this measure by:

(1) Deleting provisions that authorize DLNR to subdivide and provide residential subdivisions in Kahana valley;

(2) Increasing the number of members of the Kahana valley state park advisory committee from five members to seven members;

(3) Providing that the advisory committee shall be appointed without regard to section 26-34, Hawaii Revised Statutes;

(4) Providing two members of the Kahana Community Association, as designated by the association, shall serve on the committee;

(5) Deleting the provision that designates one member of the committee from the Kahana Unity Council;

(6) Providing one member of the committee shall be designated by the Office of Hawaiian Affairs; and

(7) Making technical, nonsubstantive changes for clarity, consistency, and style.

Your Committee also noted that a letter from the Department of the Attorney General was received expressing concerns about the constitutionality of this measure. However, your Committee passed this measure with the intent that the Committee on Judiciary and Hawaiian Affairs review the letter from the Attorney General and determine the appropriate action for this measure.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1409, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1409, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,

____________________________

RUSSELL S. KOKUBUN, Chair