Provides for additional families to reside in Kahana valley state park by lease agreements, and establishes an advisory committee to, among other things, monitor compliance with the agreements.

A BILL FOR AN ACT

SECTION 1. The legislature finds that Kahana Valley State Park possesses unique historical and natural resources, and there are 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. Act 5, Session Laws of Hawaii 1987, authorized the department of land and natural resources to issue long-term residential leases to persons who had lived continuously in Kahana valley or had permits allowing them to reside on certain parcels of land within Kahana valley. As a condition of holding a lease, qualified persons agreed to participate in the interpretive programs in Kahana valley state park. The authority to issue leases pursuant to Act 5 expired on January 1, 1992.

The purpose of this Act is to reauthorize the department of land and natural resources to directly issue long-term residential leases to those qualified persons now residing 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 is hereby authorized to negotiate and enter into long-term residential leases for lands acquired for Kahana valley state park, not to exceed sixty-five years in duration, with persons who meet the criteria established by the department of land and natural resources, in consultation with the Kahana valley state park advisory committee.

SECTION 3. In exchange for obtaining 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 insure compliance with these agreements.

SECTION 4. The lands eligible for long-term residential lease negotiations under the provisions of this Act shall be determined by the department of land and natural resources, in consultation with the Kahana valley state park advisory committee.

SECTION 5. The department of land and natural resources is authorized to 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 related 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 these residences authorized under the provisions of this Act.

SECTION 6. There is established a Kahana valley state park advisory committee, who shall advise the department of land and natural resources on matters relating to the management of lease program, including the eligibility of applicants for leases and the monitoring of lessee compliance with participation in the interpretive programs. There shall be five members on the advisory committee. One member shall be a representative of the department of land and natural resources; one member shall be a member of the Kahana Unity Council; one member shall be a representative of the Native Hawaiian Legal Corporation; and two members shall be members of the public appointed by the governor.

SECTION 7. 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 when the limit on the number of leases, as determined by the department of land and natural resources in consultation with the Kahana valley state park advisory committee, has been reached and all agreements pursuant to this Act have been negotiated and recorded in the bureau of conveyances for all parcels meeting the criteria of this Act.

SECTION 8. This Act shall take effect upon its approval.