THE SENATE                           S.C.R. NO.            128
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  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 Admissions 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 sections
 5   5(c) and 5(d) shall be held as a public trust for the
 6   betterment of native Hawaiians and for other trust purposes;
 7   and 
 8   
 9        WHEREAS, article XII, section 4, of the State Constitution
10   requires that lands granted under section 5(b) of the
11   Admissions Act, be held by the State as a public trust for
12   native Hawaiians and the general public; and 
13   
14        WHEREAS, article XII, section 7, of the State Constitution
15   protects "all rights, customarily and traditionally exercised
16   for subsistence, cultural and religious purposes by ahupua'a
17   tenants who are descendants of native Hawaiians..."; and 
18   
19        WHEREAS, Hawaiian canoe clubs are located on public lands
20   granted under section 5(b), (c), and (d) of the Admissions 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 traditional, customary sport of
26   Hawaiian canoe paddling and training; and 
27   
28        WHEREAS, currently, Hawaiian canoe clubs statewide are the
29   present tenants on public lands with revocable permits or
30   month-to-month tenancies; and 
31   
32        WHEREAS, Hawaiian canoe clubs that currently have
33   revocable permits and month-to-month tenancies would have the
34   opportunity to stabilize their existing tenancies and at the

 
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                                  S.C.R. NO.            128
                                                        
                                                        

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