252
HOUSE OF REPRESENTATIVES             H.C.R. NO.            
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  CONCURRENT
                        RESOLUTION
  REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES AND EACH
    COUNTY TO ENTER INTO 35 TO 55 YEAR LEASES AND DEVELOPMENT
    AGREEMENTS WITH CANOE RACING ASSOCIATIONS THAT DESIRE TO
    MAKE IMPROVEMENTS TO THEIR EXISTING TENANCIES.



 1        WHEREAS, the Admission Act of 1959 granted certain lands
 2   to the State of Hawaii under section 5(b) and in section 5(f)
 3   provided that the lands granted to the State under section 5(b)
 4   and public lands retained by the United States under section
 5   5(c) and (d) shall be held as a public trust for the betterment
 6   of native Hawaiians and for other trust purposes; and
 7   
 8        WHEREAS, article XII, section 4, of the State Constitution
 9   requires that lands granted under section 5(b) of the Admission
10   Act, be held by the State as a public trust for native
11   Hawaiians and the general public; and
12   
13        WHEREAS, article XII, section 7, of the State Constitution
14   protects "all rights, customarily and traditionally exercised
15   for subsistence, cultural and religious purposes and possessed
16   by ahupua'a tenants who are descendants of native
17   Hawaiians..."; and
18   
19        WHEREAS, Hawaiian canoe clubs are located on public lands
20   granted under section 5(b), (c), and (d) of the Admission Act,
21   including public parks, beaches, harbors, and waterways in each
22   district and neighborhood throughout the State; and
23   
24        WHEREAS, these public lands are providing a convenient
25   location to practice the cultural tradition of Hawaiian canoe
26   paddling and training; and
27   
28        WHEREAS, currently, Hawaiian canoe clubs statewide are the
29   present tenants on public lands with revocable permits or year-
30   to-year tenancies; and
31   

 
 
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                                  H.C.R. NO.            
                                                        
                                                        

 
 1        WHEREAS, Hawaiian canoe clubs that currently have
 2   revocable permits and year-to-year tenancies would have the
 3   opportunity to stabilize their existing tenancies and at the
 4   same time make improvements to the lands if they could enter
 5   into longer leases; and
 6   
 7        WHEREAS, section 171-36, Hawaii Revised Statutes, allows
 8   for 35 to 55 year leases on public lands to designated
 9   permittees; now, therefore,
10   
11        BE IT RESOLVED by the House of Representatives of the
12   Twentieth Legislature of the State of Hawaii, Regular Session
13   of 1999, the Senate concurring, that the Department of Land and
14   Natural Resources and the county governments are requested to
15   solicit development plans by Hawaiian canoe club lessees to
16   develop, upgrade, renew, or revitalize the land on which they
17   lease; and
18   
19        BE IT FURTHER RESOLVED that upon acceptance of a
20   development plan, the Board of Land and Natural Resources and
21   each county are requested to enter into development agreements
22   with lessees which incorporate the development plan, including
23   the establishment of a lease which shall not be less than 35
24   nor more than 55 years; and
25   
26        BE IT FURTHER RESOLVED that the Board of Land and Natural
27   Resources and each county are requested to set the term of the
28   lease, taking into consideration the improvements to be made
29   and the time needed to amortize the cost; and
30   
31        BE IT FURTHER RESOLVED that the Board of Land and Natural
32   Resources and each county are requested to report their
33   progress in entering into these leases to the Legislature
34   twenty days before the convening of the Regular Session of
35   2000; and
36   
37        BE IT FURTHER RESOLVED that certified copies of this
38   Concurrent Resolution be transmitted to the Chairperson of the
39   Board of Land and Natural Resources, and the mayor of each
40   county in the State.
41 
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44                         OFFERED BY:  ____________________________