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HOUSE OF REPRESENTATIVES             H.R. NO.              H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  RESOLUTION

  REQUESTING THE BOARD OF LAND AND NATURAL RESOURCES AND EACH
    COUNTY TO ENTER INTO LONG-TERM LEASES AND DEVELOPMENT
    AGREEMENTS WITH CANOE RACING ASSOCIATIONS 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   

 
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                                  H.R. NO.              H.D. 1
                                                        
                                                        

 
 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 1999, that the Department of Land and Natural Resources and
 8   the county governments are requested to solicit development
 9   plans by Hawaiian canoe club lessees to develop, upgrade,
10   renew, or revitalize the land on which they lease; and
11   
12        BE IT FURTHER RESOLVED that upon acceptance of a
13   development plan, the Board of Land and Natural Resources and
14   each county are requested to enter into development agreements
15   with lessees which incorporate the development plan, including
16   the establishment of long-term leases; and
17   
18        BE IT FURTHER RESOLVED that the canoe clubs are encouraged
19   to apply for long-term leases as eleemosynary organizations,
20   pursuant to sections 171-43 and 171-43.1, Hawaii Revised
21   Statutes; and 
22   
23        BE IT FURTHER RESOLVED that the Board of Land and Natural
24   Resources and each county are requested to set the term of the
25   lease, taking into consideration the improvements to be made
26   and the time needed to amortize the cost; and
27   
28        BE IT FURTHER RESOLVED that the Board of Land and Natural
29   Resources and each county are requested to report their
30   progress in entering into these leases to the Legislature
31   twenty days before the convening of the Regular Session of
32   2000; and
33   
34        BE IT FURTHER RESOLVED that certified copies of this
35   Resolution be transmitted to the Chairperson of the Board of
36   Land and Natural Resources, and the mayor of each county in the
37   State.