Report Title:

Kahana Valley State Living Park; Kahana Planning Council

 

Description:

Authorizes DLNR to issue long-term residential leases to qualified persons currently residing in Kahana Valley state living park.  Establishes Kahana planning council to develop Kahana valley state living park master plan to ensure the living park achieves its purpose and goals.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1552

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to public lands.

 

 

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

 


     SECTION 1.  Kahana valley is a unique ahupua‘a possessing significant cultural, historic, and natural resources.  In 1965, the State condemned the ahupua‘a o Kahana for use as a state park, making it the only landowner in the State of Hawai‘i, outside of Ni‘ihau, to own an intact ahupua‘a.  An ahupua‘a, a triangular slice of land running from the mountains to the ocean, was the major land division used by pre-contact Hawaiians.

     Families living in Kahana at the time of condemnation were of varied ethnic backgrounds, and the people of Kahana generally lived a simple, subsistence lifestyle in harmony with native Hawaiian values and traditions.  In 1970, a governor's task force proposed the concept of a living park, and the residents continued to live in the park under revocable permits.

     To effectuate the cultural living park concept, Act 5, Session Laws of Hawaii 1987, authorized the department of land and natural resources to issue long-term residential leases to individuals who had been living on the land.  The department of land and natural resources entered into sixty-five-year leases with thirty-one qualifying families and required that all residents be an essential part of the interpretive programs by contributing twenty-five hours of service in Kahana valley state living park for the benefit of the public.

     Six other families have been allowed to remain in the valley under revocable permits.  The department of land and natural resources refused to issue long-term residential leases to the six families, relying on the attorney general's opinion issued March 24, 2008, asserting that Act 5, Session Laws of Hawaii 1987, expired.  The department of land and natural resources recently attempted to evict the six families from their homes.

     The management of a living park requires careful planning that involves its resident community.  Kahana residents and the greater community proposed various plans over the past forty years.  However, the State never adopted any plan for Kahana valley state living park.  As a result, there has been a lack of clarity, vision, goals, and policies directing the residents and the department of land and natural resources in the development and management of Kahana valley state living park.

     In addition, the success of Kahana valley state living park as a living park depends on having an actively involved land manager with the expertise to work cooperatively with residents, solve immediate problems, plan for the future, and simply manage park resources effectively.  The department of land and natural resources has lacked adequate resources to provide a land manager for Kahana valley.  As a result, the living park concept has not lived up to its full potential and has caused frustration for residents, the public, and state agencies.

     The purpose of this Act is to:

     (1)  Authorize the department of land and natural resources to issue long-term residential leases to qualified persons who currently reside within and contribute to a living park; and

     (2)  Establish a Kahana planning council to develop a master plan for the Kahana valley state living park that will provide the framework, proposed rules, measurements for success, and planning process to ensure the living park achieves its stated purpose and goals.

     SECTION 2.  As used in this Act:

     "Kahana community association" means the community association established by the residents of Kahana valley in 1993.

     "Land manager" means a state living park manager with expertise in land management and planning who has the ability to work cooperatively with the State, Kahana valley residents, and the public, and has experience and aloha for Hawaiian and multi-cultural life-styles.

     "Master plan" means a plan that describes parameters and creates a foundation for the department of land and natural resources and living park residents to work together to successfully manage the Kahana valley state living park.

     SECTION 3.  The department of land and natural resources is authorized to negotiate and enter into long-term residential leases with qualified persons who meet the following criteria:

     (1)  Persons who at the time of enactment of this Act reside in Kahana valley state living park and are contributing their time to benefit the state park, on behalf of the public and local community; and

     (2)  Other qualified persons who may be identified in the living park master plan when approved by the board of land and natural resources.

     SECTION 4.  (a)  There is established the Kahana planning council.  The Kahana planning council shall consist of five voting members and two nonvoting members.

     (b)  The voting members of the Kahana planning council shall be as follows:

     (1)  One member shall be a representative of the department of land and natural resources, as designated by the chairperson of the board of land and natural resources;

     (2)  Three members shall be representatives of the Kahana community association, as designated by the president of the Kahana community association; and

     (3)  One member shall be a representative of the general public, as designated by the chairperson of the board of land and natural resources.

     (c)  One nonvoting member of the Kahana planning council shall be appointed by the senator representing the twenty-third senatorial district and one nonvoting member shall be appointed by the representative representing the forty-seventh representative district.  Each nonvoting member shall possess general knowledge of at least one of the four strategic areas listed below:

     (1)  Land use laws;

     (2)  Community based planning;

     (3)  The environment; and

     (4)  Native Hawaiian cultural resources.

     (d)  The voting members of the Kahana planning council shall serve not more than two consecutive three-year terms, with each term beginning on July 1 of each year; provided that of the three members initially designated by the president of the Kahana community association, one shall be appointed to serve for three years, one shall be appointed to serve for two years, and one shall be appointed to serve for one year.  The two nonvoting members shall serve not more than three two-year terms, with each term beginning on January 1 of each year.

     (e)  A chairperson of the Kahana planning council shall be elected annually by the members of the Kahana planning council from among its members; provided that no member may serve as chairperson for more than two consecutive years.

     (f)  Council members shall serve without compensation but shall be reimbursed for actual expenses, including travel expenses, incurred in carrying out their duties.

     (g)  Three members of the Kahana planning council shall constitute a quorum to conduct business and any action taken by the Kahana planning council shall be approved by a simple majority of the quorum.

     (h)  The first meeting shall be held on the second Tuesday in July 2009, at 6:00 p.m., in the common area in Kahana valley.  The date, time, location, and frequency of all subsequent meetings shall be determined by the Kahana planning council.

     (i)  Notice of Kahana planning council meetings shall be in writing and provided by the department of land and natural resources to all Kahana planning council members at least two weeks prior to a scheduled meeting.

     SECTION 5.  The responsibilities of the Kahana planning council shall include but not be limited to the following:

     (1)  Drafting and submitting a master plan for the Kahana valley state living park to the board of land and natural resources.  The master plan shall propose rules, procedures, and measurements for success to address significant issues related to the residents and management of Kahana valley state living park, including:

         (A)  Methods to secure funding for the purpose of establishing a land manager for the park;

         (B)  Procedures to monitor and enforce lessee compliance with lease terms and conditions;

         (C)  Procedures to cancel a lease and evict a resident;

         (D)  Criteria to measure state and resident success in meeting the Kahana valley state living park goals; and

         (E)  Eligibility requirements, terms, conditions, location, and number of long-term residential leases;

     (2)  Reviewing and updating the master plan as needed; and

     (3)  Working toward the objectives and policies of this Act in the aloha spirit as defined in section 5-7.5, Hawaii Revised Statutes, with the residents of Kahana valley, the local community, schools, department of land and natural resources, other state agencies, nonprofit organizations, private businesses, and the general public.

     SECTION 6.  The Kahana planning council shall submit a master plan for the Kahana valley state living park to the board of land and natural resources no later than July 1, 2010.  Within ninety days after submission of the master plan, the board of land and natural resources shall either adopt the proposed master plan or deny the proposed master plan.  If it denies the proposed master plan, the board of land and natural resources shall submit to the Kahana planning council, in writing, its reasons for denying the proposed master plan.  The Kahana planning council shall revise the proposed master plan and resubmit a revised master plan to the board of land and natural resources until a master plan is adopted.

     The Kahana valley state living park master plan shall become effective upon its adoption by the board of land and natural resources. Pending adoption of the Kahana valley state living park master plan, the department of land and natural resources and the residents of Kahana valley shall be guided by the Kahana state park development plan, dated December 1985, and the living park plan of Kahana's people, dated 1979.

     SECTION 7.  Until the Kahana valley state living park master plan is adopted pursuant to this Act, and a long-term residential lease application has been acted upon, persons currently residing in Kahana valley at the time of enactment of this Act shall not be evicted on the grounds that they lack a valid lease; provided that they are contributing their time to benefit the Kahana valley state living park, on behalf of the public and local community.

     SECTION 8.  The department of land and natural resources is directed to submit an initial progress report, including any proposed legislation, on the implementation of this Act not later than twenty days prior to the convening of the regular session of 2010 and a final progress report, including any proposed legislation, not later than twenty days prior to the convening of the regular session of 2011.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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