April 26, 2009
Kahana evictions unlikely
2 pending bills seek to reverse threat to 6 Hawaiian families
By Gordon Y. K. Pang
Advertiser Staff Writer
Lawmakers appear poised to give relief to six families that were on the brink of eviction from historic Kahana Valley late last year.
Two bills that address the situation – Senate Bill 638 and House Bill 1552 – have made it to the closing weeks of this year’s Legislature. While there are differences between the bills, leaders from both sides say they feel they can reach consensus.
Kahana has long been considered one of the few remaining intact models of the traditional Hawaiian ‘ahupua’a system where a self-sustaining community cares for and utilizes natural resources along a strip of land, typically a valley, from the mountain to the sea.
‘Ahupua’a O Kahana Valley State Park was created as a living park, and up to 31 families were granted leases to live there in exchange for performing cultural activities for the public for 25 hours a month.
Ululani Birnie, a lifelong Kahana resident, said she and her neighbors take their duty seriously. Over the weekend, volunteers from both within and outside the valley were scheduled to work taro patches and clean stream beds.
Others were set to carve poi boards or weave lauhala, she said.
Last week, university students helped with restoration at Huilua Fishpond, a designated National Historic Landmark.
“The residents want to do things that are right and are for the benefit of the public,” Birnie said. Most spend way more than 25 hours a month, she said.
Last October, the Department of Land and Natural Resources threatened to evict six families f or failing to meet the terms of their leases after state attorneys determined that new leases in the valley could not legally be negotiated since a law that provided for long-term leases there expired in 1993.
community support
When area lawmakers and the Hawaiian community joined Kahana Valley families in objecting to the evictions, Land Board Director Laura H. Thielen backed off and agreed to leave resolution in the hands of the Legislature.
The Senate’s position is now contained in House Bill 1552, and authorizes DLNR to issue long-term residential leases in living parks to people who qualify. Kahana is the state’s only designated living park.
The measure also calls on DLNR to come up with a clear master plan for the park.
“That would take care of the problem,” Birnie said.
That version is supported by area lawmakers Sen. Clayton Hee, D-23rd (Kane’ohe, Kahuku) and Rep. Jessica Wooley, D-47th (La’ie, Ha’aula, Punalu’u).
The House position, now contained in Senate Bill 638, calls for a two-year moratorium on evictions pending the negotiating of long-term leases.
Bizarre twist
It also adds a bizarre twist in that it drags a completely different issue into the mix. An amendment to the bill made in the House Water, Land & Ocean Resources Committee would allow the Department of Hawaiian Home Lands to extend its commercial leases from the existing 65-year limit to 99 years.
Rep. Ken Ito, D-48th (Kane’ohe), said, however, that including the DHHL provision was merely a way to gain the attention of Senate leaders on the issue. Ito said the amendment was not intended to be a horsetrading tool.
“I’m going with Kahana, but I just want them to think about (extending DHHL commercial leases) a little bit more,” Ito said. If senators aren’t agreeable to including the DHHL provision with helping the Kahana families, “I’ll just drop it off the table” and allow Kahana legislation to pass without it, he said.
Hee, who heads the Senate Committee on Water, Land, Agriculture and Hawaiian Affairs, said he was going to take up the issue of extending DHHL commercial lease limits in next year’s session and said he couldn’t understand why it was attached to the Kahana bill.
DHHL Director Micah Kane said his agency believes it is important that his bill pass this year because it would help several of its major lessees that are seeking either financing or refinancing this year.
But according to Ito, “if the thing is off the table, it’s off the table.”
Wooley said it makes sense for the Legislature to pass a bill to help save the families from evictions. Not only does it not cost the state money, the families help save the state money by providing a service at the park to the public, she said.
“The reality is DLNR doesn’t have the resources to do this.”
Source: http://www.honoluluadvertiser.com/article/20090426/NEWS23/904260356/1001
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