STAND. COM. REP. NO. 453

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 635

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred S.B. No. 635 entitled:

 

"A BILL FOR AN ACT RELATING TO STATE PARKS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to amend the powers of the Department of Land and Natural Resources for state parks.

 

     Prior to the hearing on this measure, your Committee circulated a proposed draft, the purpose of which is to transfer jurisdiction and management of Kahana Valley from the Department of Land and Natural Resources to the Office of Hawaiian Affairs and to direct the Office of Hawaiian Affairs to assist six families facing eviction with obtaining long-term residential leases if these six families qualify under the original requirements of Act 5, Session Laws of Hawaii 1987, as amended.

 

     Testimony in support of the proposed draft was submitted by four public citizens, and one state agency supported the intent of the proposed draft.  One agency submitted comments, and testimony in opposition was submitted by twenty-seven public citizens.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that Act 5, Session Laws of Hawaii 1987, as amended, set aside a portion of public lands in Kahana Valley, Oahu, tax map key:  (1) 5-2-01: 1, 5-2-02: all parcels, and 5‑2‑05: 1 and 21, and authorized the Department of Land and Natural Resources to negotiate and enter into long-term residential leases with persons who:

 

     (1)  On April 13, 1987, resided on the set aside lands and have occupied those lands since 1970; or

 

     (2)  On April 13, 1987, had permits issued by the Department of Land and Natural Resources allowing them to reside on designated parcels on the set aside lands.

 

     One provision of the long-term residential leases required all qualified lessees to agree to be an essential part of the interpretive programs in the Kahana Valley State Park, as directed by the Department of Land and Natural Resources.

 

     Eventually, thirty-one original families qualified for the long-term residential leases.  However, descendants of six families that did not originally qualify for long-term residential leases remained in the valley.  The Department of Land and Natural Resources recently started eviction actions against these six families.

 

     Your Committee finds that the residents of Kahana Valley should have a meaningful say in planning the future of Kahana Valley State Park.  Your Committee urges the Department of Land and Natural Resources to engage in a dialogue with the residents and lineal descendents on the issues raised during testimony.  Kahana Valley is a unique residential and cultural site, and it is understandable that those who are connected with Kahana Valley want to return as lessees.  Your Committee notes that the six families who have eviction actions against them should have the opportunity to reconcile their issues.

 

     Your Committee has amended this measure by replacing its contents with the contents of the proposed draft, which was circulated prior to this hearing.  Your Committee has amended the proposed draft by making technical, nonsubstantive changes for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 635, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 635, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

____________________________

CLAYTON HEE, Chair