RESOLUTION

WHEREAS, the Board of Directors of the Housing and Community Development Corporation of Hawaii (HCDCH) voted to approve the transfer of its fee simple ownership of real property situated within the Waiahole Valley Agricultural Park and Residential Lots Subdivision to the Department of Hawaiian Home Lands; and

WHEREAS, the farming and non-farming tenants in the Waiahole and Waikane Valleys valiantly struggled to resist eviction from their lands 30 years ago when a massive development project was proposed for the area; and

WHEREAS, the farming and non-farming tenants of the Waiahole and Waikane Valleys sought to preserve the integrity of their community and the community's unique and rich traditions and way of life; and

WHEREAS, these tenants unified in their mission to preserve the lifestyle of the Waiahole and Waikane Valleys and the integrity of their community by founding and organizing themselves into the Waiahole-Waikane Community Association over 30 years ago; and

WHEREAS, from its inception, the Waiahole-Waikane Community Association has been comprised of persons from a multitude of ethnicities who are united in the desire for the preservation of their way of life; and

WHEREAS, the Waiahole-Waikane Community Association has long spearheaded efforts to protect the natural resources of the Waiahole and Waikane Valleys; and

WHEREAS, in 1998, the Waiahole-Waikane Community Association negotiated an agreement with the State providing for long-term leases for the residential and agricultural lots in the community, thereby ensuring security for the families in Waiahole and Waikane Valleys; and

WHEREAS, the 1998 agreement established HCDCH as the lessor of the Waiahole Valley Agricultural Park and Residential Lots Subdivision; and

WHEREAS, the Hawaiian Homes Commission Act prohibits the Department of Hawaiian Home Lands (DHHL) from administering residential leases for non-Hawaiians; and

WHEREAS, the majority of Waiahole-Waikane Community Association lessees maintain residential lots, and those lessees on agricultural lots all have at least 7,500 square feet of their lots zoned as residential; and

WHEREAS, the mission of DHHL and its fiduciary duty to its beneficiaries conflict with the preservation and integrity of the Waiahole Valley Agricultural Park and Residential Lots Subdivision; and

WHEREAS, DHHL's fiduciary duty to its beneficiaries is compromised by the expenditure of moneys that benefit non-Hawaiians; and

WHEREAS, HCDCH, in conjunction with the proposed transfer, has commenced an aggressive and drastic campaign to evict Waiahole-Waikane Community Association members from their lands for unsubstantiated reasons; and

WHEREAS, the Waiahole-Waikane Community Association firmly believes that, over time, DHHL, in fulfilling its mission to place persons of Hawaiian ethnicity on residential lands, will seek to evict the present lessees in the Waiahole Valley Agricultural Park and Residential Lots Subdivision from their lands; and

WHEREAS, DHHL has already expressed interest in refurbishing the Waiahole water system and, in fulfilling its duty to maximize revenue on its lands, will likely divert water from Waiahole Valley to its properties in Kapolei and to other areas and entities against the wishes of the Waiahole and Waikane Valley community; and

WHEREAS, the proposed transfer of the Waiahole Valley Agricultural Park and Residential Lots Subdivision from HCDCH to DHHL conflicts with the intent and language of section 37-74(d), Hawaii Revised Statutes; and

WHEREAS, the Declaration of Covenants in the September 28, 1995, agreement between the State and Waiahole-Waikane Community Association members conflicts with the proposed transfer of the Waiahole Valley Agricultural Park and Residential Lots Subdivision to DHHL; and

WHEREAS, the proposed transfer will necessitate restructuring of the long-term leases secured by Waiahole-Waikane Community Association members and the future consequences of these lease amendments are unknown; and

WHEREAS, HCDCH did not give formal notice to its lessees of its proposal to abdicate its responsibilities in the Waiahole Valley Agricultural Park and Residential Lots Subdivision to the Department of Hawaiian Home Lands, in violation of the State's Administrative Procedure Act; nor was the Waiahole-Waikane Community Association provided any information or notice about the proposed transfer of lands in the Waiahole Valley Agricultural Park and Residential Lots Subdivision prior to the actions of the Board of Directors of HCDCH and the Hawaiian Homes Commission; and

WHEREAS, the Chairperson of the Hawaiian Homes Commission publicly informed members of the Waiahole-Waikane Community Association that DHHL would not go where it was not wanted; and

WHEREAS, the Waiahole-Waikane Community Association members are unanimous in their opposition to the proposed transfer; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Legislature opposes the proposed transfer of the Waiahole Valley Agricultural Park and Residential Lots Subdivision from HCDCH to the Department of Hawaiian Home Lands; and

BE IT FURTHER RESOLVED that the Legislature requests HCDCH to rescind its agreement with DHHL that was executed on December 30, 2004, to transfer its fee interest in Waiahole Valley; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Chairperson of the Hawaiian Homes Commission, and the Chairperson of the Board of Directors of the Housing and Community Development Corporation of Hawaii.

Subdivision; DHHL; HCDCH.

Report Title:

Waiahole Valley Agricultural Park and Residential LOTS