60
HOUSE OF REPRESENTATIVES             H.C.R. NO.            
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     HOUSE  CONCURRENT
                        RESOLUTION

  REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES AND EACH
    COUNTY TO ENTER INTO LONG-TERM LEASES AND DEVELOPMENT
    AGREEMENTS WITH HAWAIIAN CANOE CLUBS THAT DESIRE TO MAKE
    IMPROVEMENTS TO THEIR EXISTING TENANCIES.



 1        WHEREAS, the Admission 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 Admission
10   Act, be held by the State as a public trust for native
11   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 and possessed
16   by ahupua'a tenants who are descendants of native
17   Hawaiians..."; and
18   
19        WHEREAS, Hawaiian canoe clubs are located on public lands
20   granted under section 5(b), (c), and (d) of the Admission 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 cultural tradition of Hawaiian canoe
26   paddling and training; and
27   
28        WHEREAS, currently, Hawaiian canoe clubs statewide are the
29   present tenants on public lands with revocable permits or year-
30   to-year tenancies; and
31   
32        WHEREAS, Hawaiian canoe clubs that currently have
33   revocable permits and year-to-year tenancies would have the
34   opportunity to stabilize their existing tenancies and at the
35   same time make improvements to the lands if they could enter
36   into longer leases; and
37   

 
Page 2                                                     60
                                  H.C.R. NO.            
                                                        
                                                        

 
 1        WHEREAS, sections 171-43 and 171-43.1, Hawaii Revised
 2   Statutes, allow for leases on public lands for nominal amounts
 3   to eleemosynary or religious organizations; now, therefore,
 4   
 5        BE IT RESOLVED by the House of Representatives of the
 6   Twentieth Legislature of the State of Hawaii, Regular Session
 7   of 2000, the Senate concurring, that the Department of Land and
 8   Natural Resources and the county governments are requested to
 9   solicit development plans by Hawaiian canoe club lessees to
10   develop, upgrade, renew, or revitalize the land on which they
11   lease; and
12   
13        BE IT FURTHER RESOLVED that upon acceptance of a
14   development plan, the Board of Land and Natural Resources and
15   each county are requested to enter into development agreements
16   with lessees which incorporate the development plan, including
17   the establishment of long-term leases; and
18   
19        BE IT FURTHER RESOLVED that the canoe clubs are encouraged
20   to apply for long-term leases as eleemosynary organizations,
21   pursuant to sections 171-43 and 171-43.1, Hawaii Revised
22   Statutes; and 
23   
24        BE IT FURTHER RESOLVED that the Board of Land and Natural
25   Resources and each county are requested to set the term of the
26   lease, taking into consideration the improvements to be made
27   and the time needed to amortize the cost; and
28   
29        BE IT FURTHER RESOLVED that the Board of Land and Natural
30   Resources and each county are requested to report their
31   progress in entering into these leases to the Legislature
32   twenty days before the convening of the Regular Session of
33   2001; and
34   
35        BE IT FURTHER RESOLVED that certified copies of this
36   Concurrent Resolution be transmitted to the Chairperson of the
37   Board of Land and Natural Resources, and the Mayor and the
38   Chairperson of the Council of each county.
39 
40 
41 
42                           OFFERED BY: ___________________________