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Page ¢ ~ Envirormen[ Hawari ~ February t997
<br /> `"'~g over 5 years of experience (4 points maxi- '-""'strafing the poor condition of the land,
<br /> ISIllYIl.~ WatC{J mum), knowledge in patticulaz field of busi- __.tuded by grazing cattle chat had been re-
<br /> frmrz jrage zz ness (t pr. max) and knowledge in manage- moved from Ma`alaea following revocation of
<br /> menc, financial and mazketing matters (z pts. the Ma`alaea lease.
<br /> quirements of Chapter 9z, Hawai`i Revised max). Her ranching business dates from 1974 State law prohibits the Ise ofstate-owned
<br /> Statutes. He seemed to be unawaze of the according to the appGtxtion." land to anyone who has had a lease revoked by
<br /> problem, but promised is would be wrrected. In nc~ category of finandal capability, the Land Boazd for five years allowing the
<br /> Uchida wrote, "she scored G to 9 points from revocation. In the case of Niles, although she
<br /> ~ ~ ~ 'the screening members for credit worthiness managed the Ma`alaea ranch, the lease was
<br /> DLNR Ex lams Award (z pts. mac')' financial strength (3 pts. max.), held in the name of her father.
<br /> p economicviabiliryofplan(3pts.max.),short Theapplicationformforprospectivelessees
<br /> Of Niles' Lease and long term financing (r pts. max.) and ofstatelandmnsror8pages,inciudinginscmc-
<br /> marketing strategy (r prs. max.). Lions. Bidders aze asked ro provide a ro-yeaz
<br />
<br /> AnnetteNBeswasconvictedtwoyearsagoon "Inthethirdrategory>herplanscoredfrom cash flow projection,apreliminaryconserva-
<br /> more than zo chazges of animal cruelty, stem- 5 co 9 points from the members. The scoring don plan, a derailed descriprion of their expe-
<br /> ming from the treatment of tattle on state- of the 3 subcategories is (t) Plan to utilize the rience in ranching, and a tax clearance form.
<br /> owned land c}rat she ranched at Ma`alaea, land for a particular purpose (z pa. max.),.(z) There is no effort to determine whether fire
<br /> Maui. In January, Niles' trial on additional Planfordevelopmencofchelandwithinatime applicanchasbeenconvictedofanimalcruelry,
<br /> chazges of animal cruelty began (the trial has frame of first, second, third, fourth, and fifth fraud, or any other chazge that might speak to
<br /> been continued until Mazch). yeaz of operation (7 pcs. max.) and (3) Physi- the applicant's suitability to hold a state lease.
<br /> As Environment Hatvai i reported in De- cal, environmental and escltetic quality ofthe
<br /> cember, despite the wnvictions and pending ,plan (r pts. max.)." 3 $ $
<br /> chazges, Niles was deemed by a screening Niles, Uchida concluded, "received a coal
<br /> panel assembled by the Department of Land score from each member ofzo, zr, zz, z3, and MOloka`i Gets Funds
<br /> and Natural Resources co be qualified to ranch z3. The differences occurred primazily in the ' To Protect Environment
<br /> other state-owned land on Maui. At an auc- scoter on the Economic viability (second cat-
<br /> cion of leases held in eazly December, she egory) of the plan, ranging from o co 3 points Nearly three years ago, the Molokai Chamber
<br /> submitted the winning bid for a rG-acre pazcel and the Plan for development of the land of Commerce, the Ho`olehua Homesteaders
<br /> in Kula -the same pazcel drat she had within a time frame (third category) ranging .Association, and Hui Ho`opakele `Aina filed
<br /> operated eazlier, on a month-co-month revo- from z to 7 points." suit in federal court against developers of the
<br /> cable permit, as pare of a feedlot operation of The pazcel Niles bid on was eazlier occu- Molokai pipeline project. The groups, repre-
<br /> rhe family business, Ferreira Ranch, pied by Niles' family operation, the Ferreira rented by the Sierra Club Legal Defense Fund,
<br /> On Decemher S, Dean Uchida, adminis- Ranch. On June z3, r995, after Niles' convic- claimed that the developers and Their contrac-
<br /> trator of the DLNR's Division of Land Man- Lion and the cancellation of the Ma`alaea tors - Kukui (Moloka`i), Inc., Kajima Engi-
<br /> agemenr,sencamemorandum co members of Ranch lease,heldinthenameofherfadter,rhe veering and Construction, Inc., and Kiewic
<br /> cheIandBoazddesuibingtheswringusedby lace Stephen Ferreira, the Land Boazd also Pacific Co. -had failed co obtain a srorm
<br /> the screening committee in its evaluation of revoked the month-ro-month permit for the water permit for Their work, as required by the
<br /> Niles and ocher prospective bidders. Accord- Kula land. federal Clean Water Act.
<br /> ingtoUchida,checommitteelookedatexpe- Acwrdingtothestaffrepoittotheboazdin Thelawsuitwassetrledandaconsentdecree
<br /> rience, financial capability, and plan ofutiliza- t995, "A recent inspection of the subject area approved lase Mazch by U.S. District Judge
<br /> Lion and development of the land to be revealed that theproperryhasbeenovergrazed DavidA.Ezra.Undertermsofthacsetdemenc,
<br /> occupied. "For the first category," Uchida by the permircee's catde." As Environment the defendants aze co pay szGz,zSo into a new
<br /> wrote, "Annette Niles received G or 7 points Hatvai i reponed ac the time, boazd members fund, to be known as the Molokai Environ-
<br /> fromeach of the screening members for hav- appeareddismayedwhenshownphocographs mental Protection Fund.
<br /> In December r99G, the Sierra Club Legal
<br /> Defense Fund announced that the fund, ad-
<br /> ~Wt ministered by the Tides Foundation, was up
<br /> and running. Qualified non-profit organiza-
<br /> dons may apply for grants to fund environ-
<br /> ZI06-SVL96 IH Enox-enI!E?I mental restoration, pollution prevention and
<br /> reduction, citizens' advocacy, and legal ac-
<br /> L6/ZI N XoH 'O'd
<br /> Lions.
<br /> III 3x141. S9m0 7 For information on how co apply, write to
<br /> the Tides Foundation, P.O. Box z99o3,'San
<br /> Francisco, California 94tz9-o9o3.
<br /> A second lawsuit filed by the same plaintiffs
<br /> ££f ~ON 11WN3d OZL9G hIEMEL.I `OItL.I in state court is pending. Defendants in that
<br /> ui'o~tw Sz£-for annS `anuany enyalaoue}I ooz case are Kukui (Moloka`i), Inc., and the state
<br /> O1v`I De attment of Land and Natural Resources.
<br /> awcso,l sn ® P
<br /> alvNxtne ur.MnH ® laawululnag No work has been done on thesr8million
<br /> No1.1.~INV~NO nine-mile-long pipeline for the last three
<br /> .LIdON<I-NON
<br /> years.
<br />
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