THE SENATE                           S.C.R. NO.            140
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 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
10   Admissions Act, be held by the State as a public trust for
11   native 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 by ahupua'a
16   tenants who are descendants of native Hawaiians..."; and 
17   
18        WHEREAS, Hawaiian canoe clubs are located on public lands
19   granted under section 5(b), (c), and (d) of the Admissions Act,
20   including public parks, beaches, harbors, and waterways in each
21   district and neighborhood throughout the State; and 
22   
23        WHEREAS, these public lands are providing a convenient
24   location to practice the cultural tradition of Hawaiian canoe
25   paddling and training; and
26   
27        WHEREAS, currently, Hawaiian canoe clubs statewide are the
28   present tenants on public lands with revocable permits or year-
29   to-year tenancies; and
30   
31        WHEREAS, Hawaiian canoe clubs that currently have
32   revocable permits and year-to-year tenancies would have the
33   opportunity to stabilize their existing tenancies and at the
34   same time make improvements to the lands if they could enter

 
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                                  S.C.R. NO.            140
                                                        
                                                        

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