SB638 SD1.DOC

SECTION 1. In 1965, the State condemned the ahupua‘a o Kahana for use as a state park, making it the only landowner in the State of Hawai‘i, outside of the Robinson family on Ni‘ihau, to own an intact ahupua‘a. An ahupua‘a, a triangular slice of land running from the mountains to the ocean, was the major land division used by pre-contact Hawaiians, as it included all of the elements necessary for their existence: the uplands, the lowlands, the shore, and the ocean.

While the families living in Kahana at the time of the condemnation were of varied ethnic backgrounds, many of them were native Hawaiian, and the people of Kahana in general lived a simple, subsistence lifestyle in harmony with native Hawaiian values and traditions. The people of Kahana lobbied the legislature after the condemnation to allow them to stay in Kahana and preserve this rural native Hawaiian-influenced lifestyle. In 1970, a governor's task force proposed the concept of a living park that would allow the families to stay and in some way participate in the park. The governor recommended the concept to the department of land and natural resources. The residents were allowed to stay on the land under revocable leases.

The State determined that as a condition of their lease each Kahana family would contribute twenty-five hours of interpretive services per month to the park, to preserve, restore, and share the history and rural lifestyle of the ahupua‘a with the public.

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 purpose of this Act is to:

(1) Establish a two-year moratorium on evictions of persons who at the time of the enactment of this Act, reside in Kahana valley state park, have participated in interpretive programs for Kahana valley state park, and have continuously lived there since before 1987 or hold or have held a long-term lease or permit to reside there; and

(2) Establish the planning council to assist in the development and implementation of a master plan for Kahana valley state park.

SECTION 2. Notwithstanding any other law to the contrary, including chapter 171, Hawaii Revised Statutes, there is established a two-year moratorium on the eviction of persons who at the time of the enactment of this Act, reside in Kahana valley state park, have participated in interpretive programs for Kahana valley state park, and have continuously lived there since before 1987 or hold or have held a long-term lease or permit to reside there. The department of land and natural resources shall suspend any pending eviction proceedings as of the effective date of this Act. The moratorium shall end on July 1, 2011.

SECTION 3. (a) The department of land and natural resources shall submit a report designated as the living park master plan to the legislature no later than twenty days prior to the convening of the 2011 regular session. The living park master plan shall include:

(1) A comprehensive management plan for a culturally sensitive and ahupua‘a-based entity;

(2) A list of priorities and guidelines to promote cooperation between government agencies and residents of Kahana valley state park with respect to managing the ahupua‘a, its people, and its resources; and

(3) Any proposed legislation necessary to implement the living park master plan.

(b) There is established within the department of land and natural resources for administrative purposes the planning council consisting of seven members:

(1) One member shall be the president of the Kahana valley association, or the president's designee;

(2) Two members shall be lease holders or residents in Kahana valley state park, designated by the president of the Kahana valley association;

(3) One member shall be a faculty member from the University of Hawai‘i at Manoa, department of urban and regional planning, to be designated by the faculty chairperson of the department;

(4) One member shall be a member of the senate, to be designated by the senate president;

(5) One member shall be a member of the house of representatives, to be designated by the speaker of the house of representatives; and

(6) One member shall be the chairperson of the board of land and natural resources, or the chairperson's designee.

(1) To complete the living park master plan as required by subsection (a);

(2) Provide input for the living park master plan to advise and assist residents in the management of the Kahana valley state park;

(3) Determine the location for long-term residents' homes;

(4) Establish criteria for eligibility for future issuance of long-term leases, including but not limited to:

(A) Participation in interpretive programs;

(B) Lineal descendents of Kahana valley families prior to 1965;

(D) Issuance of replacement leases;

(5) Increase community participation and input into the living park master plan for the enhancement of community education and cultural awareness of the Kahana valley state park; and

(6) Work with the community to implement the living park master plan.

(d) The members of the planning council shall select a chairperson from among the planning council members and shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

SECTION 4. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	638
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII