THE SENATE                           S.R. NO.              38
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  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
35   Hawaiian community; and such policies may be accomplished by
36   offering the eligible resident members of the Milolii-Hoopuloa
37   community the opportunity to negotiate long-term residential
38   leases with the Department of Land and Natural Resources for
39   parcels upon which their homes are presently located; and

 
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 1   
 2        WHEREAS, under Act 314, SLH 1991, the Legislature found
 3   that in 1938, the United States Congress enacted Public Law
 4   680, the Kalapana Extension Act, which authorized the addition
 5   of Kalapana lands to the Hawaii National Park, and the law
 6   further provided that native Hawaiian residents of the area
 7   were to be provided with leases for home sites and that fishing
 8   was to be permitted only by native Hawaiian residents of the
 9   area or adjacent villages, and by visitors under their
10   guidance; and
11   
12        WHEREAS, the Legislature further found that the residents
13   of Kalapana's unique Hawaiian lifestyle have been threatened as
14   a result of the volcanic eruptions which began on January 3,
15   1983, that these eruptions have caused severe disruptions to
16   the Hawaiian residents of Kalapana and have destroyed one of
17   the last Hawaiian settlements on the island of Hawaii, that the
18   Legislature agreed the only remedy is an after-the-fact
19   humanitarian act to help replace what has been lost by these
20   residents; and that the Legislature further finds it is in the
21   public interest to provide for relocation assistance to the
22   Hawaiians of Kalapana to enable them to perpetuate their way of
23   life and traditions; and
24   
25        WHEREAS, based on these findings, the Legislature
26   authorized the award of long-term leases on state lands at
27   Kikala-Keokea homestead, to those residents of Kalapana who are
28   of Hawaiian ancestry and who are dispossessed or displaced from
29   their homes as a result of the recent volcanic eruptions on the
30   island of Hawaii; and
31   
32        WHEREAS, at various times after the issuance of these
33   leases, residents from each of the respective communities have
34   requested assistance from the Legislature, generally in the
35   form of infrastructure development, to improve the living
36   conditions in these communities; and
37   
38        WHEREAS, various other efforts were made in requests for
39   statutory assistance that would allow self-help housing to
40   improve the living conditions for residents in these
41   communities; and
42   
43        WHEREAS, substandard infrastructure development prevents
44   many of the residents in these communities from acquiring
45   conventional mortgage loans; and
46   

 
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 1        WHEREAS, descendent provisions in some of the leases also
 2   prevent lessees from securing conventional mortgage loans; and
 3   
 4        WHEREAS, various alternatives have been proposed regarding
 5   a permanent resolution for residents in these communities,
 6   ranging from legislative funding for infrastructure
 7   improvements to a "gratis" conveyance of the land in fee to the
 8   lessees, or in the case of Maunalaha residents, to be held in
 9   perpetuity and managed by the Maunalaha Valley Community
10   Association in a community land trust for the residents and
11   descendants of Maunalaha; and
12   
13        WHEREAS, another alternative has been to convey these
14   leases and fee simple interest in the lands to the Office of
15   Hawaiian Affairs, and allow them to decide on long-term
16   management of the areas; and
17   
18        WHEREAS, the Legislature is concerned regarding the
19   success of these programs in fulfilling the purpose and intent
20   of the legislative findings in authorizing the direct issuance
21   of the leases; and
22   
23        WHEREAS, the Legislature is seeking a permanent resolution
24   of the situation for these communities; now, therefore,
25   
26        BE IT RESOLVED by the Senate of the Twentieth Legislature
27   of the State of Hawaii, Regular Session of 1999, that the
28   Office of the Auditor, with the assistance of the Legislative
29   Reference Bureau, is requested to conduct an analysis of the
30   effectiveness of legislation authorizing direct long-term
31   residential leases at Maunalaha, Oahu; Milolii-Hoopuloa,
32   Hawaii; and Kikala-Keokea, Hawaii, to include alternative
33   recommendations to address problems in each of the communities;
34   and
35   
36        BE IT FURTHER RESOLVED that the Auditor shall report to
37   the Legislature twenty days prior to the Regular Session of
38   2000 on the analysis and recommendations; and
39   
40        BE IT FURTHER RESOLVED that certified copies of this
41   Resolution be transmitted to the Chairperson of the Board of
42   Land and Natural Resources, Chairperson of the Office of

 
 
 
 
 
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 1   Hawaiian Affairs, Auditor, and Director of the Legislative
 2   Reference Bureau.
 3 
 4 
 5 
 6                         OFFERED BY:  ____________________________