Bill Text: HI SB635 | 2010 | Regular Session | Amended
Bill Title: Office of Hawaiian Affairs; State Parks; Kahana Valley
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB635 Detail]
Download: Hawaii-2010-SB635-Amended.html
Report Title:
Office of Hawaiian Affairs; State Parks; Kahana Valley
Description:
Transfers jurisdiction and management authority of a portion of Kahana valley from the department of land and natural resources, parks division, to the office of Hawaiian affairs. (SD1)
|
THE SENATE |
S.B. NO. |
635 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 1 |
|
|
STATE OF HAWAII |
Proposed |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO STATE PARKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 5, Session Laws of Hawaii 1987, as amended by Act 238, Session Laws of Hawaii 1988, as amended by Act 23, Session Laws of Hawaii 1989, as amended by Act 106, Session Laws of Hawaii 1991, as amended by Act 58, Session Laws of Hawaii 1992, as amended by Act 177, Session Laws of Hawaii 1993, set aside a portion of public lands in Kahana valley, Oahu, tax map key: (1) 5-2-01: 1, 5-2-02: all parcels, and 5-2-05: 1, 3, and 21, and authorized the department of land and natural resources to negotiate and enter into long-term residential leases with persons who:
(1) On April 13, 1987, resided on the set aside lands and have occupied those lands since 1970; or
(2) On April 13, 1987, had permits issued by the department of land and natural resources allowing them to reside on designated parcels on the set aside lands.
One provision of the long-term residential leases required all qualified lessees to agree to be an essential part of the interpretive programs in the Kahana valley state park, as directed by the department of land and natural resources.
Eventually, thirty-one original families qualified for the long-term residential leases. However, descendants of six families that did not originally qualify for long-term residential leases remained in the valley. The department of land and natural resources recently started eviction actions against these six families.
The purpose of this Act is to transfer the jurisdiction of the lands set aside for the long-term residential leases from the department of land and natural resources to the office of Hawaiian affairs and to direct the office of Hawaiian affairs to assist the six families facing eviction with obtaining long-term residential leases if these six families qualify under the original requirements of Act 5, Session Laws of Hawaii 1987, as amended.
SECTION 2. (a) The department of land and natural resources is directed to transfer tax map key: (1) 5-2-01: 1, 5-2-02, all parcels, and 5-2-05: 1, 3, and 21 to the office of Hawaiian affairs.
(b) The office of Hawaiian affairs is directed to assume management authority over the lands transferred by this Act, in accordance with the requirements of Act 5, Session Laws of Hawaii 1987, as amended by Act 238, Session Laws of Hawaii 1988, as amended by Act 23, Session Laws of Hawaii 1989, as amended by Act 106, Session Laws of Hawaii 1991, as amended by Act 58, Session Laws of Hawaii 1992, as amended by Act 177, Session Laws of Hawaii 1993. The office of Hawaiian affairs is further directed to assist six families residing in Kahana valley, now facing eviction, to obtain long-term residential leases to the lands that they presently occupy or have recently occupied, so long as they meet the original requirements of Act 5, Session Laws of Hawaii 1987, as qualified lessees.
SECTION 3. All rights, powers, functions, and duties of the department of land and natural resources relating to the lands that are being transferred pursuant to this Act are transferred to the office of Hawaiian affairs.
SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources relating to the functions transferred to the office of Hawaiian affairs pursuant to this Act shall be transferred with the functions to which they relate.
SECTION 5. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of land and natural resources to implement this Act which are reenacted or made applicable to the department of land and natural resources by this Act, shall remain in full force and effect until amended or repealed by the office of Hawaiian affairs pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of land and natural resources or director of department of land and natural resources in those rules, policies, procedures, guidelines, and other material is amended to refer to the office of Hawaiian affairs or board of trustees of the office of Hawaiian affairs as appropriate.
SECTION 6. This Act shall take effect upon its approval.
