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THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING A FOLLOW-UP ANALYSIS OF THE EFFECTIVENESS OF
    LEGISLATION AUTHORIZING DIRECT LONG-TERM RESIDENTIAL
    LEASES AT MAUNALAHA, OAHU; MILOLII-HOOPULOA, HAWAII; AND
    KIKALA-KEOKEA, HAWAII. 


 1        WHEREAS, under Act 225, Session Laws of Hawaii (SLH) 1981,
 2   the Legislature found documented evidence which clearly
 3   indicates that the various governments of Hawaii since
 4   monarchial days have expressed an intent to grant long-term
 5   tenure to the persons who have resided in Maunalaha Valley for
 6   many decades; and
 7   
 8        WHEREAS, based on these findings, there is a moral
 9   obligation to offer the residents of Maunalaha Valley an
10   opportunity to negotiate long-term leases with the Department
11   of Land and Natural Resources for parcels upon which their
12   homes are presently located; and
13   
14        WHEREAS, under Act 62, SLH 1982, the Legislature found
15   that the 1926 volcanic eruption of Mauna Loa resulted in a lava
16   flow which completely destroyed a Hawaiian fishing village in
17   the Milolii-Hoopuloa area, thereby forcing the relocation of
18   all its residents; that the village residents relocated their
19   domiciles to adjacent government land, through government
20   invitation and intervention; that county, territorial, and
21   state governments have attempted to mitigate the adverse
22   effects of this natural disaster through permits, executive
23   orders, and proposed legislation which attempted to initiate a
24   cultural park, land exchanges, and fee simple title with the
25   purposes of granting long-term tenure and effecting final
26   disposition of the matter; and that the displaced Milolii-
27   Hoopuloa residents have continuously resided on such lands in a
28   peaceful and productive manner; and
29   
30        WHEREAS, there are compelling policy considerations in
31   remedying the circumstances of such displaced persons, who have
32   had justifiable expectations in relying on past government
33   action and initiatives; there is a prevailing policy
34   consideration in preserving the unique cultural life of the

 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        

 
 1   Hawaiian community; and such policies may be accomplished by
 2   offering the eligible resident members of the Milolii-Hoopuloa
 3   community the opportunity to negotiate long-term residential
 4   leases with the Department of Land and Natural Resources for
 5   parcels upon which their homes are presently located; and
 6   
 7        WHEREAS, under Act 314, SLH 1991, the Legislature found
 8   that in 1938, the United States Congress enacted Public Law
 9   680, the Kalapana Extension Act, which authorized the addition
10   of Kalapana lands to the Hawaii National Park, and the law
11   further provided that native Hawaiian residents of the area
12   were to be provided with leases for home sites and that fishing
13   was to be permitted only by native Hawaiian residents of the
14   area or adjacent villages, and by visitors under their
15   guidance; and
16   
17        WHEREAS, the Legislature further found that the residents
18   of Kalapana's unique Hawaiian lifestyle have been threatened as
19   a result of the volcanic eruptions which began on January 3,
20   1983, that these eruptions have caused severe disruptions to
21   the Hawaiian residents of Kalapana and have destroyed one of
22   the last Hawaiian settlements on the island of Hawaii, that the
23   Legislature agreed the only remedy is an after-the-fact
24   humanitarian act to help replace what has been lost by these
25   residents; and that the Legislature further finds it is in the
26   public interest to provide for relocation assistance to the
27   Hawaiians of Kalapana to enable them to perpetuate their way of
28   life and traditions; and
29   
30        WHEREAS, based on these findings, the Legislature
31   authorized the award of long-term leases on state lands at
32   Kikala-Keokea homestead, to those residents of Kalapana who are
33   of Hawaiian ancestry and who are dispossessed or displaced from
34   their homes as a result of the recent volcanic eruptions on the
35   island of Hawaii; and
36   
37        WHEREAS, at various times after the issuance of these
38   leases, residents from each of the respective communities have
39   requested assistance from the Legislature, generally in the
40   form of infrastructure development, to improve the living
41   conditions in these communities; and
42   

 
 
 
 
 
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 1        WHEREAS, various other efforts were made in requests for
 2   statutory assistance that would allow self-help housing to
 3   improve the living conditions for residents in these
 4   communities; and
 5   
 6        WHEREAS, substandard infrastructure development prevents
 7   many of the residents in these communities from acquiring
 8   conventional mortgage loans; and
 9   
10        WHEREAS, descendent provisions in some of the leases also
11   prevent lessees from securing conventional mortgage loans; and
12   
13        WHEREAS, various alternatives have been proposed regarding
14   a permanent resolution for residents in these communities,
15   ranging from legislative funding for infrastructure
16   improvements to a "gratis" conveyance of the land in fee to the
17   lessees, or in the case of Maunalaha residents, to be held in
18   perpetuity and managed by the Maunalaha Valley Community
19   Association in a community land trust for the residents and
20   descendants of Maunalaha; and
21   
22        WHEREAS, another alternative has been to convey these
23   leases and fee simple interest in the lands to the Office of
24   Hawaiian Affairs, and allow them to decide on long-term
25   management of the areas; and
26   
27        WHEREAS, the Legislature is concerned regarding the
28   success of these programs in fulfilling the purpose and intent
29   of the legislative findings in authorizing the direct issuance
30   of the leases; and
31   
32        WHEREAS, the Legislature is seeking a permanent resolution
33   of the situation for these communities; now, therefore,
34   
35        BE IT RESOLVED by the Senate of the Twentieth Legislature
36   of the State of Hawaii, Regular Session of 1999, the House of
37   Representatives concurring, that the Office of the Auditor,
38   with the assistance of the Legislative Reference Bureau, is
39   requested to conduct an analysis of the effectiveness of
40   legislation authorizing direct long-term residential leases at
41   Maunalaha, Oahu; Milolii-Hoopuloa, Hawaii; and Kikala-Keokea,
42   Hawaii, to include alternative recommendations to address

 
 
 
 
 
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 1   problems in each of the communities; and
 2   
 3        BE IT FURTHER RESOLVED that the Auditor consider in its
 4   analysis and recommendations, the unique circumstances and
 5   history of each community; and
 6   
 7        BE IT FURTHER RESOLVED that if, during its review, the
 8   Auditor determines that problems either exist or may arise due
 9   to the possibility of conveying leases and fee simple interest
10   in the lands to the Office of Hawaiian Affairs and allowing the
11   Office of Hawaiian Affairs to decide on long-term management of
12   the areas, then the Auditor shall discuss these problems and
13   recommend alternative solutions to such a transfer; and
14   
15        BE IT FURTHER RESOLVED that any recommendations for
16   resolving the problems and issues contained in this Concurrent
17   Resolution developed by the Auditor shall be equitable to all
18   parties involved, including each community; and
19   
20        BE IT FURTHER RESOLVED that the Auditor shall report to
21   the Legislature twenty days prior to the Regular Session of
22   2000 on the analysis and recommendations; and
23   
24        BE IT FURTHER RESOLVED that certified copies of this
25   Concurrent Resolution be transmitted to the Chairperson of the
26   Board of Land and Natural Resources, Chairperson of the Office
27   of Hawaiian Affairs, Auditor, and Director of the Legislative
28   Reference Bureau.