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. (SD2)

A BILL FOR AN ACT

SECTION 1. The legislature finds that Kahana valley state park possesses unique historical and natural resources, and there are lessees, acting as caretakers of the valley, whose families have long been associated with Kahana valley and 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 (SLH) 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, these qualified persons agreed to participate in the interpretive programs in Kahana valley state park. The authority to issue leases pursuant to Act 5, SLH 1987, 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 qualified persons now residing in Kahana valley, on the condition that these qualified persons participate in Kahana valley state park's interpretive or caretaking programs for the public and establish an advisory committee.

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, at the time of enactment of this Act: (1) reside in Kahana valley state park on land acquired for Kahana valley state park; (2) who have lived continuously on this land since before 1987 in a culturally and appropriate manner; and (3) have remained on the land since then as caretakers.

The lands eligible for long-term residential lease negotiations under this section are limited to those located at, tax map key parcels 5-2-01:1, 5-2-02:1, 5-2-05:1, 5-2-01:60, and 5-2-01:81, situated in Kahana valley and as further determined by the board of land and natural resources and the Kahana community association.

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 or caretaking 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 department of land and natural resources is authorized to provide persons with 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.

SECTION 5. There is established a Kahana valley state park advisory committee, which shall advise the department of land and natural resources on matters relating to the management of the lease program, including the eligibility of applicants for leases and the monitoring of lessee compliance with participation in the interpretive programs. The advisory committee shall consist of seven members appointed without regard to section 26-34, Hawaii Revised Statutes, as follows:

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.

SECTION 7. This Act shall take effect on July 1, 2050.