Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Hawaiian Affairs, to which was referred S.C.R. No. 61 entitled:

begs leave to report as follows:

The purpose of this measure is to request that the Legislative Reference Bureau study the feasibility of creating a culturally-sensitive ahupua`a-based entity that would provide for the comprehensive management of the ahupua`a as well as promote cooperation between governmental agencies, residents of the ahupua`a, and lessees within the State Park with respect to managing the resources of the ahupua`a.

Testimony in support of the measure was received from the Chairperson of Land and Natural Resources and three private citizens. A private citizen testified in opposition to the measure.

Your Committee finds that the ahupua`a `o Kahana (the ahupua`a) includes over 5,300 acres of land, plus the submerged lands of Kahana Bay and the primary stream, Kahawainui, which is fed by four tributary streams out of side valleys: Kawa, Pilali, Kalehua, and Koloahulu, and discharges into Kahana Bay primarily at the eastern edge of a wide crescent shaped beach.

Presently, the management of the resources of the ahupua`a are at present divided among numerous federal, state and county agencies.

Between 1965 and 1974, the State of Hawaii initiated condemnation proceedings to acquire all 5,260 acres for park use at a cost in excess of $5 million. Within the past thirty years, a number of studies and proposals were developed to provide a balance between the public's interest and the rights of the residents who live in the valley. Recognizing the need for balance, the Legislature, in 1987, authorized the Department of Land and Natural Resources to negotiate and enter into long-term residential leases with qualified persons on the condition that these individuals participate in providing interpretive programs at the park for the benefit of the public.

Your Committee also finds that although the State Park has served as a living source of spiritual renewal for Hawaiians and others, there are residents of the ahupua`a `o Kahana, who are not lessees in the State Park but who have much to offer in terms of their knowledge of the area. Your Committee realizes that both residents outside the State Park and lessees within the State Park boundaries are able to preserve valuable cultural practices that cannot be done in other, more urbanized areas.

Your Committee believes that the entire ahupua`a should be managed as a unit to protect the ahupua`a for future generations to study and enjoy as well as serve as a field laboratory and observatory for biologists and botanists and as a resource for archaeologists and cultural specialists. In order for this to occur, a cohesive strategy for the entire ahupua`a must be formulated, implemented, and managed by an entity whose oversight crosses over jurisdictional boundaries.

Consequently, your Committee understands the need for a culturally-sensitive ahupua`a-based entity that can provide comprehensive management of the entire ahupua`a as well as promote cooperation between governmental agencies and residents of the ahupua`a with respect to managing the resources of the ahupua`a. Your Committee therefore believes that this measure will help achieve this goal.

As affirmed by the record of votes of the members of your Committee on Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 61 and recommends that it be referred to the Committee on Economic Development and Technology.