Wednesday, August 25, 2010

SEVEN PROJECTS APPROVED FOR LEGACY LAND

HONOLULU – The Legacy Land Conservation Program (LLCP) will convey approximately $3,267,380 from the State Land Conservation Fund for land acquisition projects to protect Hawai‘i’s unique and valuable resources.

Seven state, county, and nonprofit applicants will receive grant funds for the permanent protection of lands having cultural, archeological, and natural resource values.

“Participating as a funder in these conservation partnerships is an efficient way to protect important natural, cultural, and agricultural resources,” stated Laura H. Thielen, Board of Land and Natural Resources Chairperson. “By providing these grants as incentive, the State is utilizing mostly private and federal funds to protect these resources.”

Every State dollar spent will be matched with approximately $3 in federal, county and private funds, for a total of $9,478,312 in matching funds that will be used to acquire approximately 752 acres of threatened or unique natural, cultural, recreational, and agricultural resources. The funds will be used to protect lands and will provide benefits to Hawai‘i residents in the form of scenic open space, watershed protection, agricultural production, and preserved natural and cultural resources.

The Legacy Land Conservation Commission, a nine-member commission composed of cultural, agricultural and natural resource experts and representatives from each county, advised the Board of Land and Natural Resources on this year’s project selections. Governor Linda Lingle released funding for the Commission’s recommended projects in early June.

“Each of the recommended projects protects an important resource,” stated Commission Chair Dale Bonar. “Clean drinking water, our natural and cultural heritage, our agricultural lands – these are the resources that Hawai‘i needs to maintain a connection to its past and build a sustainable future.”

The following are summaries of the approved projects:

County of Hawai‘i and the Trust for Public Land, $945,000 for the acquisition of 10.61 acres on the island of Hawai‘i, coastline lot within Pao‘o ‘ahupua‘a, North Kohala District, to protect over 27 cultural sites from development and maintain the natural landscape and scenic views of the Kohala coastline.

Department of Land and Natural Resources, Division of Forestry & Wildlife, $500,000 for the acquisition of a conservation easement over 614 acres on the island of Moloka‘i, East Moloka‘i, Kainalu; mauka of Kamehameha. V Highway, to protect critical watershed and prevent erosion damage to near-shore coral reef ecosystems and historic Hawaiian fishponds.

Kaua‘i Public Land Trust and the County of Kaua‘i, $800,000 for the acquisition of 0.74 acre on the island of Kaua‘i, on Hanalei Bay directly next to the Hanalei Pier, to be held by the County of Kaua‘i, to enhance and protect the heavily used Black Pot Beach Park area for Hawaii’s residents and visitors.

Kona Historical Society, $255,592 for the acquisition of 2.11 acres on the island of Hawai‘i, South Kona, makai of Mamaloahoa Highway, to provide a scenic buffer for the historic H.N. Greenwell Store and additional space for preservation of the farming and ranching heritage of Kona.

The Trust for Public Land and O‘ahu Land Trust, $500,000 for the acquisition of a conservation easement over 107.73 acres on the island of O‘ahu, ahupua‘a of Ka‘alaea, in the Ko‘olaupoko District, to be held by the O‘ahu Land Trust, to protect agricultural production and maintain a portion of the rural character of windward O‘ahu.

Malu ‘Aina Center for Non-Violent Education and Action and the Hawaii Island Land Trust (HILT), $231,788 for the acquisition of 11.14 acres on the island of Hawai‘i, Puna District; ten miles south of Hilo, makai side of Highway 11, with a conservation easement to be held by HILT, to maintain agricultural production on lands with kipuka deep soil and abundant rainfall.

HILT, $35,000 for the acquisition of conservation easements over 6 acres on the island of Hawai‘i, Puna District; in Hawaiian Orchid Island Estates adjacent to Kahauale‘a Natural Area Reserve, to preserve an intact native ‘ohi‘a forest canopy that allows native birds, insects and plants to travel and propagate.

LLCP projects are subject to a consultation process with the Senate President and the Speaker of the House of Representatives and the approval of the Governor. Grant funding for projects that protect lands having value as a resource to the State is awarded through the Legacy Land Conservation Program on an annual basis, subject to the availability of funds.

For more information on the Legacy Land Conservation Program please visit http://hawaii.gov/dlnr/dofaw/llcp
or call (808) 586-0921.

Thursday, August 19, 2010

High court upholds burial site challenges - Justices rule that native Hawaiians can appeal plans for remains

By Ken Kobayashi, Honolulu Star Advertiser

Native Hawaiians have the right to challenge construction plans that disturb Hawaiian burial sites, the Hawaii Supreme Court ruled yesterday.

The court held that native Hawaiians can turn to the state Board of Land and Natural Resources to appeal decisions by the Oahu Island Burial Council that approve a developer's treatment plan for burial remains.

"We're quite pleased," Native Hawaiian Legal Corp. lawyer David Kimo Frankel said of the 59-page opinion written by Chief Justice Ronald Moon. "It reinforces that native Hawaiians have a right to a contested case hearing when their cultural practices are impacted."

The case involves General Growth's development of the Ward Villages Shops in Kakaako, although yesterday's ruling isn't expected to disrupt construction, which resumed last month.

Paulette Kaleikini, a native Hawaiian cultural practitioner, earlier settled her lawsuit challenging the construction, which had been delayed after the discovery of burial sites on the property.

But the high court ruled that the case was not "moot" because decisions relating to native Hawaiian burial sites are of "great public importance." It also said the issue will likely recur because native Hawaiian remains will probably be found in future construction projects.

Before she settled the lawsuit, Kaleikini wanted to challenge the 2006 burial council's approval of General Growth's plans for the remains.

During its hearings, Kaleikini told the Burial Council that a key aspect of native Hawaiian practice is ensuring that remains are left undisturbed and receive proper care and treatment. She said General Growth should have made a better attempt to redesign the project.

General Growth, however, said the project didn't leave much room for redesign and proposed to relocate the remains to an area where they would be safe.

Kaleikini asked the land board to hear her challenge of the Burial Council's decision, but Peter Young, chairman of the land board at the time, denied the request.

In its ruling, Moon wrote that the contested case hearing was required by state law.

"The ruling explains the law and tells the Department of Land and Natural Resources exactly what we have been telling them to do: to give native Hawaiians a contested case hearing when they are going to take burials out of the ground," Frankel said.

He said the decision explains developers can also contest the Burial Council's decisions.
But he said it underscores the value of developers conducting a "good archaeological survey" before they decide where to construct their projects.

"Unfortunately, the decision comes too late to keep the ones in the ground that should have stayed in the ground," he said. Some of the remains were moved to another location on the property.

"Hopefully, this won't ever happen again," he said.

Associate Justices Paul Nakayama and James Duffy joined Moon in the opinion. Associate Justices Mark Recktenwald and Simeon Acoba wrote separate concurring opinions.

The state Attorney General's Office did not have any immediate comment yesterday.

Native Hawaiians have the right to challenge construction plans that disturb Hawaiian burial sites, the Hawaii Supreme Court ruled yesterday.

The court held that native Hawaiians can turn to the state Board of Land and Natural Resources to appeal decisions by the Oahu Island Burial Council that approve a developer's treatment plan for burial remains.

"We're quite pleased," Native Hawaiian Legal Corp. lawyer David Kimo Frankel said of the 59-page opinion written by Chief Justice Ronald Moon. "It reinforces that native Hawaiians have a right to a contested case hearing when their cultural practices are impacted."

The case involves General Growth's development of the Ward Villages Shops in Kakaako, although yesterday's ruling isn't expected to disrupt construction, which resumed last month.

Paulette Kaleikini, a native Hawaiian cultural practitioner, earlier settled her lawsuit challenging the construction, which had been delayed after the discovery of burial sites on the property.

But the high court ruled that the case was not "moot" because decisions relating to native Hawaiian burial sites are of "great public importance." It also said the issue will likely recur because native Hawaiian remains will probably be found in future construction projects.

Before she settled the lawsuit, Kaleikini wanted to challenge the 2006 burial council's approval of General Growth's plans for the remains.

During its hearings, Kaleikini told the Burial Council that a key aspect of native Hawaiian practice is ensuring that remains are left undisturbed and receive proper care and treatment. She said General Growth should have made a better attempt to redesign the project.

General Growth, however, said the project didn't leave much room for redesign and proposed to relocate the remains to an area where they would be safe.

Kaleikini asked the land board to hear her challenge of the Burial Council's decision, but Peter Young, chairman of the land board at the time, denied the request.

In its ruling, Moon wrote that the contested case hearing was required by state law.

"The ruling explains the law and tells the Department of Land and Natural Resources exactly what we have been telling them to do: to give native Hawaiians a contested case hearing when they are going to take burials out of the ground," Frankel said.

He said the decision explains developers can also contest the Burial Council's decisions.
But he said it underscores the value of developers conducting a "good archaeological survey" before they decide where to construct their projects.

"Unfortunately, the decision comes too late to keep the ones in the ground that should have stayed in the ground," he said. Some of the remains were moved to another location on the property.

"Hopefully, this won't ever happen again," he said.

Associate Justices Paul Nakayama and James Duffy joined Moon in the opinion. Associate Justices Mark Recktenwald and Simeon Acoba wrote separate concurring opinions.

The state Attorney General's Office did not have any immediate comment yesterday.

Monday, August 16, 2010

The Value of Hawaii: Tourism

By Ramsay Remigius Mahealani Taum

The Hawaiian olelo noeau “I ka was ma mua, ka wa ma hope” speaks to the idea that the future and the past are intimately connected. This Hawaiian proverb embraces an understanding that in order to move forward it is necessary to know where one comes from.

An appropriate place to begin may be in taking a closer look at the genealogy and evolution of the prevailing “service industry” business model. A standard mantra in business is “the Customer is always right.”

A quick survey of any room would demonstrate that most people with work experience have heard this preached on more than one occasion, have read it in an employee manual, or have been reminded sharply by customers who not only believe it to be true, but expect to be treated accordingly, whether their behavior warrants it or not.

The survey would likely reveal that while most have heard the mantra, they also don’t believe it to be true. Instead, there seems to be a universal understanding and agreement that the customer is NOT always right, but regardless, the person behind the counter is expected to accommodate the customer even at the risk of suffering personal embarrassments and indignities.

Where does this attitude of entitlement come from? Consider the root word “custom” in the word “customer.” In earlier times, it was “customary” to respect and honor the “customs” of the place one was visiting as well the customs of those hosting. Over time, the customer has become accustomed to customized experiences that favor the needs and customs of the visitor over those of the place and host.

Moving away from visitor centricity

The treatment of these issues is not intended to demonize tourism or diminish the value of exceptional customer service.

There is no question that quality service and customer care reaps benefits and rewards in customer satisfaction and loyalty, which translates to a strong financial bottom line. Instead, it is an attempt to shed light on two things. The first is that it is hard to expect an unhappy host to deliver a happy experience, and second, that the prevailing customer-centric focus may be an unsustainable one. In the case of tourism, simply replace “customer” with “visitor.”

In a society where consumer choices appear to be unlimited and there are an equal number of providers ready to accommodate those choices, the modern consumer has placed greater expectations on the marketplace. In response, the industry adopts practices, policies, and procedures to deal with finicky customers.

This is particularly true for chain and brand operators who cater to preferred customers. These Standard Operating Procedures (SOP) insure the delivery and management of services while providing predictable quality experiences.

It also means that at great expense, a person can travel long distances to arrive at a destination that looks and behaves exactly like the one he just left. Too often the SOP results in the place and its host population being transformed and altered for the guest’s benefit. Hosts become servants, and unique places become no place because they look like every other place. My good friend and fellow industry advocate Peter Apo of the Peter Apo Company refers to this phenomenon as “placelessness.”

Staged vs. genuine

In an effort to better manage the experience, authenticity actually gets managed out of it, to be replaced by formulaic templates and time-sensitive programming. Staged authenticity replaces genuine experiences in pursuit of a healthy bottom line. Cultural experiences eventually become calculated and contrived.

Consider the idea of an “authentic commercial luau!” Packaged and canned, the experience that began as a gathering of friends and family celebrating one another and the milestone moments of their lives has been turned into a well-choreographed dinner show for strangers who have no connection to one another, the place, or those who feed and entertain them.

Even the act of lei giving has begun to lose meaning. Some companies actually refer to the practice as the “ring toss.”

In the absence of a genuine “host,” professional greeters can be hired to deliver lei flown in on a commercial carrier very much like the one the lei’s recipient arrived on just a few days earlier.
Could anyone have imagined fifty years ago that lei intended to express love, affection, and friendship would one day be produced by strangers in a foreign land, so they could be delivered by strangers to other strangers who flew in to visit no one?! Strange as it sounds, it has become our reality.

Scratching the surface

As harsh as these examples may be, they only scratch the surface of what the commercialized mass tourism experience has become. They are offered in the interest of raising awareness about the kinds of business practices that may be creating unwanted effects.

At a gathering of industry stakeholders and marketing partners, the Hawaii Visitors and Convention Bureau (HVCB) reported that its research findings of West Coast travelers revealed that “they feel that Hawaii is a been-there, done-that destination.”

At this same meeting, it was reported that while the China and Korea markets showed future promise, Japanese travelers didn’t think there was enough diversity in the cultural experience in Hawaii, and were choosing to go elsewhere. Unfortunately, those remarks were neither surprising nor unexpected.

Under new leadership and armed with a new strategic plan, the Hawaii Tourism Authority's vice president of brand management announced that the agency would renew its focus and commitment to support and promote Hawaiian culture, acknowledging that “Because we’re a mature market, we need to take advantage of some of the experiential things we have available to us, especially with culture.”

Despite the rhetoric, Hawaiian culture has continued to be treated as a “value added” — like condiments rather than the entrée. The time has come to elevate culture to a more prominent place on the menu of offerings, and in doing so strengthen the product, its identity, and the Hawaiian “sense of place” that makes our island home the unique place that it is.

This essay is part of a 14-week series of excerpts from the book, "The Value of Hawaii: Knowing the Past, Shaping the Future” excerpted in Honolulu Civil Beat.

TO LEARN MORE ABOUT THE BOOK: The Value of Hawaii: Knowing the Past, Shaping the Future

ATTEND A FORUM WITH THE AUTHOR: We're also discussing our series on "The Value of Hawaii" in person in Beatups at Civil Beat headquarters. The next one where you'll be able to meet Ramsay Remigius Mahealani Taum and two other writers — Sumner La Croix, who wrote about the economy, and Charles Reppun, whose essay on agriculture runs 8/23/10 — will be at 5:30 p.m. Thursday, Sept. 2 at 3465 Waialae Ave., Suite 200. The sessions are free and open to the public. But please RSVP to beatup@civilbeat.com so we can plan to accommodate the number of people who'll attend. To learn about our previous Value of Hawaii Beatup with Craig Howes, Jonathan Osorio and Chad Blair, check out this summary and video.

Kapaia foot bridge just may be swinging again soon

By Paul C. Curtis - The Garden Island

LIHU‘E — There is hope on the horizon, and on both sides of Hanama‘ulu Stream, that a historic foot bridge separating what used to be known as upper Kapaia valley and lower Kapaia valley could be restored.

Residents in favor of restoration are encouraging people to vote for restoring the bridge online in the ongoing survey suggesting properties to be acquired by the county open-space commission.

“Four years after the Kapaia swinging bridge was closed, we are still hopeful,” said Laraine Moriguchi, who owns property on the Līhu‘e side of the bridge and has been leading a citizen push to encourage the county to refurbish and reopen the bridge.

For its part, the county this week recommitted to do a feasibility study “which will look at various factors that would be involved in any work that might be done on the bridge, including: cost of repairing/restoring, structural integrity, access and compliance,” said Beth Tokioka, executive assistant to Mayor Bernard P. Carvalho Jr.

“Once we’ve completed the study we’ll have a better idea of the various options and their associated costs,” said Tokioka.

The deadline is Aug. 15 for suggestions for properties for the county open-space commission to consider acquiring. Funds for acquisition come from annual contributions of 0.5 percent of all county real-property-tax collections.

Grove Farm owns the property on the Hanama‘ulu side of the bridge, and the west (Lihu‘e) side approach sits on part of a CPR (condominium property regime) with six owners: Moriguchi, Cindra and Michael Manera, Catherine Caycayon, David and Nina Monasevitch, Steven Matsuda and Roy Goo, said Moriguchi.

Goo owns the CPR on which the bridge sits.

In addition, Laukini Road is a private road owned by Lihu‘e Hongwanji and Goo’s CPR, she said.

“All owners are in favor of restoring the Kapaia swinging bridge and, to my knowledge, have signed an agreement with the county to allow access for the purpose of conducting a restoration feasibility study,” said Moriguchi.

Carvalho has set up a public meeting for Sept. 23 at 3 p.m., Moriguchi said.

The county Public Access, Open Space and Natural Resources Preservation Fund Commission 2010 annual survey is online at http://www.kauaigovonline.org/Surveys/Default.aspx. Those without computer access may call 241-4922 to get a paper copy of the survey.

Friday, August 13, 2010

Students help restore ancient settlement in Honokowai Valley

BY LOUISE ROCKETT
LahainaNews.com

HONOKOWAI - There's a wonderland of Hawaiian treasures right in our own backyard, West Maui, in a 300-acre valley above the shores of Kaanapali.

It's not a manmade spectacle like Disneyland but a cultural resource complete with 800-year-old rock walls still standing, remnants of ancient taro patches being revived and native wiliwili trees making a comeback.

Honokowai Valley was a thriving agricultural settlement dating back to 1200 AD that today is being restored by a grassroots land trust, Maui Cultural Lands, founded in 2002 by Lahaina native son Ed Lindsey II (1939-2009).

The organization's vision is to reinstate balance through education, restoration and preservation.

To this end, Maui Cultural Lands (MCL) offers guided working tours into the valley for an immersion experience like no other.

On Thursdays for six weeks this summer, MCL hosted the Kamehameha Schools Hoolauna Program for Hawaiian youth in grades six to eight.

"We're with Kamehameha Schools' Extension Education. We outreach to Native Hawaiian youth who do not go to Kamehameha Schools," one of the group leaders, Mr. Wong, explained.

"Kamehameha Schools brings them to attend these one-week summer programs each year. This one is called the Hoolauna Mauna Kahalawai, and Mauna Kahalawai is actually our whole West Maui Mountains," Wong said.

"We've been taking them to explore the West Maui Mountains in more of a cultural aspect...What the whole essential question for the students this week is where is our water resources going in Mauna Kahalawai?"

Native Hawaiian students enrolling in the 2010 program came from across the state and some from the Mainland to join the Lindseys - Aunty Puanani Lindsey (Ed's wife) and son Ed "Ekolu" Lindsey III - on Thursdays in Honokowai for a stimulating, hands-on learning adventure.

The journey began with Aunty Puanani sharing some of her knowledge about the history of the ancient valley community referred to as the breadbasket of Keka'a.

"At its peak, there were 600 Hawaiian families that lived here. They were self-sufficient. The water ran," she said.

"When sugar cane came," Aunty continued, "they built the tunnels a couple of miles up, and they took all the water for the sugar cane. So the last family that left the valley was about 1931. There was only one family down here. They could no longer live in the valley, because they had to bring their water in. It was hard for them to survive; they were getting older."

Puanani is a resourceful guide, weaving stories into a botanic tour of the native plant life growing along the valley walls and floors.

"The uhiuhi tree seeds are like gold," Aunty exclaimed. "I think there are less than ten trees in our state."

"Lama is a sacred wood," she said. Branches of the ulei plant are used to form the rim of fishnets.

"If we put this in the garden and we were to trim it down, it would make a beautiful hedge," she suggested.

Aunty added a mix of Pele into the mythology of the plant lore with a tale about the blue-flowered Pa'u O Hi'iaka vine that grows along the shoreline.

Noni is useful for its multiple medicinal purposes.

"Our native hibiscus is on the endangered list, meaning if we don't take care of our native hibiscus and plant these in our gardens, it will become not endangered anymore, it will become extinct. It will no longer be there," Puanani said.

"And it doesn't take much care," she added, "and this particular hibiscus doesn't like too much water. All we got to do is plant it, malama it and low and behold it will give us some seeds."

With part of the lesson giving back, a teaching to malama and care for the area, the students seeded and weeded before and after lunch to prepare the way for planting.

According to the organization's president, Ekolu Lindsey, similar working tours are offered every Saturday to the public individually or in a group format for residents and visitors alike.

Meet at the Pu'ukolii train station at 9 a.m.

"We mainly get our visitors to join us. Kaanapali Ocean Resort, The Westin, has been good supporters of our efforts. Their visitors walk right across the street and spend the day with us and just walk home. They have a great time up here. All the visitors who come really feel like that they did something good with their time instead of just sitting around the pool drinking mai tais all day. They came up here and gave back," Ekolu said.

Like Aunty told the Kamehameha Schools youth, "It's important that you take advantage of the opportunities that come your way, 'cause sometimes you only get one chance."

For more information e-mail MCL@hawaii.rr.com.

Native Hawaiians and Army talk about Iwi Kupuna

By Dennis Drake, U.S. Army Garrison-Hawaii Public Affairs

HONOLULU - More than 50 people attended the first-ever Native American Graves Protection and Repatriation Act workshop sponsored by U.S. Army Garrison-Hawaii's Native Hawaiian Liaison Office and the Council for Native Hawaiian Advancement at the Hale Koa Hotel, July 29.

Among those attending were representatives of Native Hawaiian organizations, community leaders, and concerned citizens.

The purpose of the workshop was to share the NAGPRA statute with the Native Hawaiian community and explain the process by which Native Hawaiian organizations and lineal descendants may claim human remains, cultural items, and items of cultural patrimony.

NAGPRA, a 1990 federal law, requires federal agencies, which include military installations, to inventory and return Native American cultural items - human remains, funerary objects, sacred objects or objects of ancestral cultural heritage - to lineal descendants and/or culturally-affiliated Indian tribes and Native Hawaiian organizations.

In May, the Army notified the Hawaii State Historic Preservation Office and the Oahu Burial Council of the inadvertent discovery of human bone fragments by Army-contracted archaeological and cultural monitors during routine construction at Schofield Barracks.

As part of the NAGPRA process and USAG-HI's Inadvertent Discovery Plan, the Army will be querying the community to identify potential claimants. The Army will consult with the claimants on the final disposition of the remains.

"In anticipation of this action, we decided to conduct this workshop on the Native American Graves Protection and Repatriation Act and to invite Native Hawaiian organization representatives to participate, to learn more about the law, and enable them to make an informed decision as to whether or not participation in this process is appropriate," said Col. Douglas Mulbury, commander, USAG-HI, in his opening remarks. "We share a common interest. We both want to do what is right and proper, we both want to act with integrity and honor, and we both take responsibility for the tasks before us."

The workshop began with an overview of NAGPRA by Kerry Abramson, USAG-HI and 8th Theater Sustainment Command attorney, followed by Dr. Laurie Lucking, USAG-HI archeologist, who covered the garrison's responsibilities under the law.

A lunch panel by June Cleghorn, U.S. Marine Corps archeologist, and Dawn Chang, a consultant on Native Hawaiian cultural issues and former Hawaii deputy attorney general who drafted a similar state law following enactment of NAGPRA, discussed the sensitive nature of these issues.

"I can't stress the importance of early consultation, working with families and other interested parties, when discoveries of cultural items are made," Chang said.

"The sharing of information is so important for many reasons," said Annelle Amaral, Native Hawaiian liaison, USAG-HI. "For the community, access to this type of information empowers Native Hawaiians to care for our kuleana. For the Army, the workshop was the opportunity to better explain these sometimes confusing laws and procedures."

The afternoon consisted of open discussion and questions between attendees and workshop presenters.

"It is hard for Hawaiians to speak of burials because these matters were always "huna" (secret). Usually, someone was designated in the family who dealt with such matters," said Phyllis Coochie Cayan, who attended the workshop on behalf of Hui Kako'o 'Aina Ho'opulapula, a Native Hawaiian organization.

Since NAGPRA's inception, 38,671 remains; 1,142,894 funerary objects; and 4,303 sacred objects have been transferred to lineal descendants, culturally-affiliated Indian tribes, and Native Hawaiian organizations throughout the United States.

Thursday, August 5, 2010

Fishpond protected by law may yet be sold

The DOT might use an older law to help in auctioning the land

By Andrew Gomes
The Honolulu Star-Advertiser

A community effort to preserve a small, ancient fishpond in East Honolulu won support from the Legislature, which passed a law to keep the property in state hands and away from public auction. But the state agency controlling the property is still intent on a sale.

The new law, Act 210, prohibits the sale of state-owned Hawaiian fishponds.

The law that began as House Bill 1665 targeted a 3,600-square-foot beachfront fishpond below Niu Valley shared by two long-vacant homes owned by the state Department of Transportation, which has been a reluctant owner of the site for more than a decade.

DOT acquired the property in the early 1990s as part of widening Kalanianaole Highway. And though the parcels are prime real estate, they have proved difficult for the agency to maintain, sell or transfer.

"We're not in the business of maintaining residential lots -- much less fishponds," said DOT Director Brennon Morioka.

Morioka said the agency has to deal with homeless sometimes entering the property and other maintenance issues that take resources away from DOT's mission.

"It's not a prudent use of highway funds," he said. "It's not fair to the taxpayers."

Widening Kalanianaole Highway in the early 1990s did not require DOT to condemn the two homes. The agency only needed a few feet of driveway frontage. But during construction a contractor inadvertently diverted an artesian spring that fed the pond.

One homeowner, Tad Hara, wanted DOT to repair the spring because the pond was a unique feature of his house, which was built on stilts with a glass living room floor for viewing the fishpond below.

DOT figured it would be less costly to acquire the two homes through condemnation. Hara fought the agency in court but lost. After almost 20 years, both homes still stand vacant beside the stagnant pond.

Now, one obstacle DOT cites as an impediment to getting rid of the parcels is a federal requirement to obtain fair-market compensation for the property, which could include proceeds from a sale or land swapped with another state agency. Morioka said his agency is bound by the requirement because DOT used federal highway money to acquire the parcels.

DOT previously had slated the two parcels for public auction, but past auction plans were deferred for various reasons.

Morioka said his agency's preference in recent years has been to transfer the property to another agency in a land swap, but other agencies were not willing because of liability and expense issues.

Two years ago the University of Hawaii and a cultural preservation group explored acquiring the property and restoring the fishpond and the homes.

UH's Hawaiinuiakea School of Hawaiian Knowledge in partnership with the nonprofit Maunalua Fishpond Heritage Center planned to restore the spring and convert the homes into classrooms for research, education and cultural programs including near-shore land management, fishpond care, celestial navigation and Hawaiian language.

Maenette Benham, Hawaiinuiakea dean, anticipated being able to raise what she estimated would be about $2 million for the restoration and three years of educational program funding. But UH backed away from the plan after the Office of Hawaiian Affairs expressed interest in the fishpond. Benham said UH felt OHA would be in a better position to own the property.

OHA spokesman Lloyd Yonenaka said the organization preferred not to comment on what transpired.

Morioka said discussions with OHA and other entities including the National Oceanic and Atmospheric Administration proved fruitless because of cost and liability concerns.

"Our only recourse is to go to public auction," he said.

But preservation and community groups fear a sale could lead to a new owner filling in the fishpond, which has cultural significance and is one of relatively few remaining fishponds on Oahu.

The pond known as Kalauhaehae, or Lucas Spring, is a registered Hawaiian fishpond on a site that was once a summer home and royal taro patch of King Kamehameha and Queen Kaahumanu, according to Chris Cramer, Maunalua Fishpond Heritage Center president.

When Hara lived in the home, the 3-foot-deep pond was filled with koi, aawa, aholehole, mullet, tilapia, prawns and crabs.

Cramer's group, formed to preserve Honolulu's last remaining fishponds for community education, still hopes to play a role in preserving Kalau-haehae. But Morioka said DOT is moving ahead with a new plan to auction the parcels despite the new law.

Morioka said the agency will ask the Legislature next year to sell the parcels under a prior law that requires a two-thirds approval to sell state land. Such approval, if given, would trump Act 210.

Rep. Lyla Berg (D, Kuliouou-Niu Valley-Aina Haina), said it would be unfortunate if DOT, which did not testify on HB 1665, obtained the votes to sell the land HB 1665 intended to protect from being sold.

"It's an inconvenience for the DOT," she said. "I think they need to think a little bit more creatively. State government needs to open up their arms and their eyes and embrace the private resources that are out there."

Cramer believes Gov. Linda Lingle is in a position to find another agency to assume responsibility from DOT. However, Lingle let the bill become law without her signature, and she expressed concern that DOT would be required to keep maintaining the property after failed attempts to convince other agencies to take the fishpond.

The Office of Hawaiian Affairs, in testimony on HB 1665, raised another concern that the law might inhibit the fishpond parcels being sold or transferred to a private steward willing to restore the cultural asset.

Besides Kalauhaehae, the new law might affect a third residential property DOT owns in Kuliouou that includes a one-tenth interest in Kanewai fishpond connected to Paiko Lagoon.

Most other state-owned Hawaiian fishponds are ceded land that would require a two-thirds vote by the Legislature to sell. The state Department of Land and Natural Resources said there is no intention to sell any other state-owned fishponds.

HAWAI‘I’S LEGACY LAND CONSERVATION PROGRAM SEEKS

HONOLULU – The Department of Land and Natural Resources’(DLNR) Legacy Land Conservation Program (LLCP) is seeking applicants for grants from the State Land Conservation Fund to fund the protection, through acquisition, of lands having value as a resource to the State of Hawai‘i.

“The Legacy Land Conservation Program provides an annual source of funding for the acquisition and conservation of watersheds; coastal areas, beaches, and ocean access; habitat protection; cultural and historic sites; recreational and public hunting areas; parks; natural areas; agricultural production; and open spaces and scenic resources,” said Laura H. Thielen, DLNR Chairperson.

State agencies, county agencies, and non-profit land conservation organizations may apply for funding. Proposed projects may include acquisition of fee title or conservation easements. County agencies and non-profit project applicants must be able to provide at least 25 percent of the total project costs.

The 2010-2011 application cycle may provide approximately $4 million in grants, awarded through a competitive process and subject to any budget restrictions. Ten percent of the State’s land conveyance tax is set aside annually in the Land Conservation Fund for the purpose of protecting Hawai‘i’s unique and valuable resource lands. Project applications will be reviewed by the Legacy Land Conservation Commission, which will nominate projects for funding.

Projects are subject to the approval of the Board of Land and Natural Resources, consultation with the Senate President and Speaker of the House of Representatives, review by the Department of the Attorney General and the approval of the Governor. Final awards are subject to the availability of funds.

Earlier this year, the Board of Land and Natural Resources approved and Governor Lingle released approximately $3.3 million from the Land Conservation Fund for seven projects to acquire and protect properties that have value as natural or cultural resources to the State. The release of these State funds helped secure approximately $9.5 million in matching federal, county, and private funds toward the protection of these lands.

Since its inception in 2006, the Legacy Land Conservation Program has awarded an average of $3.4 million in grant funding per year, protecting a total of approximately 7,220 acres of lands having natural, cultural, and agricultural resource value, and leveraging a total of about $37.8 million in matching federal, private, and county funds.

Starting July 30, 2010 the 2010-2011 LLCP Grant Application and instructions are available at
http://hawaii.gov/dlnr/dofaw/llcp

Applications must be received no later than 4:30 p.m. on September 16, 2010.

For more information on the Legacy Land Conservation Program, please visit
http://hawaii.gov/dlnr/dofaw/llcp or call (808) 586-0921.

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30 second news in brief: State and county agencies, and non-profit land conservation organizations may now apply for grants from the State Land Conservation Fund to acquire lands for resource protection. Funding can be used for conservation of watersheds; coastal areas, beaches, and ocean access; habitat protection; cultural and historic sites and much more. For information, contact the Legacy Land Conservation Program at 586-0921.

For more information, media may contact:

Molly Schmidt
LLCP Program Coordinator
Phone: (808) 586-0921
Molly.e.schmidt@hawaii.gov

Deborah Ward
DLNR Public information specialist
Phone: (808) 587-0320

Get Your Hands on History at Mission Houses Museum!

Kama‘aina Family Days: Yankees and Europeans Make Hawai‘i Home
July 31, 2010


The theme of this month’s Kama‘aina Family Days at Mission Houses Museum is Yankees and Europeans Make Hawai‘i Home. Traders, sailors and missionaries added their own traditions to the culture of Hawai‘i. Try on their clothes, compare the food they brought with traditional Hawaiian foods. Play old fashioned games. The adult talk focuses on the food traditions they brought with them and those they adapted once in Hawai‘i. See the printing press in action. Sail a boat and more! Saturday, July 31. Schedule: Hands-on crafts and historical activities from 10 am to 3 pm; Keiki Story Time at 12:30 pm, Adult Talk at 1:30 pm, Historic House Tours at 11 am, 1 pm and 4 pm. Special discount rates: $5 adults; $4 seniors & kama‘aina; $3 students and youth; and $2 for activities only (no tour). Address: 553 S. King St. Contact: Mike Smola at 447-3914. For upcoming topics through the end of the year, visit http://www.missionhouses.org/ and click on programming.


Teach! Learn! Share!
Docent Training at Mission Houses Museum

Mission Houses is looking for volunteers who want to help visitors and kama‘aina alike develop a better understanding of Hawaiian history. Docents are especially needed to give tours of the historic Frame House, Print Shop and grounds. Choose from one of two sessions being offered:
Session 1: Two Thursdays, August 5 & 12 from 10 am to 1 pm
Session 2: Two Saturdays, August 7 & 14 from 10 am to 1 pm
Curious? Questions?
Contact Mike at 808-447-3914 or email him at msmola@missionhouses.org



MISSION HOUSES MUSEUM
553 South King Street, Honolulu, Hawaii 96813
Ph (808) 447-3910 Fax (808) 545-2280