Authorizes the leasing of available lands in Kahana valley for additional residential leases.

A BILL FOR AN ACT

SECTION 1. The legislature finds that Kahana valley state park possesses unique historical and natural resources and persons long associated with Kahana valley who are knowledgeable and qualified to interpret for the general public the significance of these resources for the public's benefit and enjoyment.

However, since the enactment of Act 5, Session Laws of Hawaii 1987, the legislation that enabled the department of land and natural resources to issue long term residential leases to long time residents of Kahana valley in exchange for, among other things, the residents providing cultural and interpretive classes, interest in participating in these interpretive programs and residing in Kahana valley has grown.

The legislature also finds that Kahana valley could accommodate additional residents without severely impacting the cultural and environmental balance that has been stewarded by the valley residents and the department of land and natural resources.

Accordingly, the purpose of this Act is to authorize the department of land and natural resources to directly issue long-term residential leases to qualified persons wishing to reside in Kahana valley on the condition that these qualified persons participate in Kahana valley state park's interpretive programs for the public.

SECTION 2. The department of land and natural resources may negotiate and enter into long-term residential leases not to exceed sixty-five years in duration with persons who agree to participate and actually participate in the Kahana valley state park's interpretive programs for the public in accordance with section 3 of this Act.

SECTION 3. In exchange for the State's long-term leases, all qualified persons shall agree to be an essential part of the interpretive programs in Kahana valley state park as directed by the department of land and natural resources. The department of land and natural resources is required to establish a monitoring system and enforcement mechanism to ensure compliance with these agreements.

SECTION 4. The lands eligible for long-term residential lease negotiations under the provisions of this Act are limited to those located in tax map key parcels 5-2-01:1, 5-2-02:all, and 5-2-05:1 and 21, situate at Kahana valley and as further determined by the board of land and natural resources.

SECTION 5. The department of land and natural resources may subdivide and provide for the creation of a residential subdivision in Kahana valley for persons who receive long-term leases under the provisions of this Act, which shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to zoning and construction standards for subdivisions, the development and improvement of land, and the construction of units thereon; provided that the department of land and natural resources finds the project is consistent with the findings and purpose of this Act and the project meets minimum requirements of health and safety; and provided further that no state funds shall be expended in the relocation or construction of the residences authorized under this Act.

SECTION 6. Notwithstanding any other law to the contrary, including chapter 171, Hawaii Revised Statutes, the department of land and natural resources is authorized to negotiate and enter into lease agreements in accordance with the provisions and limitations of this Act; provided that the authority granted by this Act shall expire:

SECTION 7. This Act shall take effect upon its approval.