Report Title:
Kahana Valley State Park; Residential Leases
Description:
Provides for additional families to reside in Kahana valley state park by lease agreement, and establishes an advisory committee to, among other things, monitor compliance with the agreements. (SD1)
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THE SENATE |
S.B. NO. |
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TWENTY-FOURTH LEGISLATURE, 2007 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO KAHANA VALLEY STATE PARK.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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, these qualified persons agreed to participate in interpretive programs in Kahana valley state park.
The lessees have not only acted as caretakers of the valley, but also shared their knowledge of the valley and interpreted the significance of the valley's resources for the public's benefit and enjoyment. 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 issue long-term residential leases to qualified persons now residing in Kahana valley, on the condition that lessees participate in Kahana valley state park's interpretive or caretaking programs. The Act would also establish an advisory committee.
SECTION 2. 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 long-term residential leases for lands acquired for Kahana valley state park, not to exceed sixty-five years in duration, with persons who reside and have continuously lived in the state park since before 1987 in a culturally and appropriate manner and have served as caretakers of the state park.
The lands eligible for long-term residential lease negotiations under this Act are limited to those located in 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 consideration of the leases granted by the State under this Act, the lessees shall agree to participate in, and become 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 shall establish a monitoring system and enforcement mechanism to ensure compliance with these agreements.
SECTION 4. The leases under this Act 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 exemptions are consistent with the purposes of this Act and the leases meet 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 related to the management of leases under this Act, including eligibility requirements for 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:
(1) One member representing the department of land and natural resources, as designated by the chairperson of the board of land and natural resources;
(2) Two members of the Kahana community association, as designated by the association;
(3) One member of the Native Hawaiian Legal Corporation, as designated by the corporation;
(4) Two members of the public, as designated by the governor; and
(5) One member of the board of trustees of the office of Hawaiian affairs, as designated by the board.
SECTION 6. The authority granted by this Act shall expire:
(1) When all leases have been negotiated and recorded in the bureau of conveyances for all parcels meeting the criteria in this Act; or
(2) On June 30 ;
whichever occurs first.
SECTION 7. This Act shall take effect on July 1, 2050.