38
THE SENATE                           S.R. NO.              S.D. 1
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

 
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                                  S.R. NO.              S.D. 1
                                                        
                                                        

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

 
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                                  S.R. NO.              S.D. 1
                                                        
                                                        

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

 
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                                  S.R. NO.              S.D. 1
                                                        
                                                        

 
 1   recommend alternative solutions to such a transfer; and
 2   
 3        BE IT FURTHER RESOLVED that any recommendations for
 4   resolving the problems and issues contained in this Resolution
 5   developed by the Auditor shall be equitable to all parties
 6   involved, including each community; and
 7   
 8        BE IT FURTHER RESOLVED that the Auditor shall report to
 9   the Legislature twenty days prior to the Regular Session of
10   2000 on the analysis and recommendations; and
11   
12        BE IT FURTHER RESOLVED that certified copies of this
13   Resolution be transmitted to the Chairperson of the Board of
14   Land and Natural Resources, Chairperson of the Office of
15   Hawaiian Affairs, Auditor, and Director of the Legislative
16   Reference Bureau.