2007-04-09 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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engaged in trail management and regulatory issues due to both public and commercial recreational activities and emerging legal issues. Na Ala Hele is administered by the Division of Forestry and Wildlife- Department of Land and Natural Resources. Mr. Kawashima stated the administrative directives of Na Ala Hele are to regulate activity for specific trails and accesses, conduct trail and access inventory and classification, investigate potential and needed trails and accesses, examine legal issues associated with trails and access, act as point of contact for trail and access information and issues and conduct trail and access advisory council meetings. Mr. Kawashima stated the primary management activities are to construct, restore and maintain trails and access roads through utilization of staff and partnerships with community volunteers. Mr. Kawashima stated there were certain preexisting laws that were passed on and incorporated into what became laws of the U.S. Territory, and then ultimately, of the State. In relation to trails, the following two citations describe the legal tools used by the Na Ala Hele Program to identify and possibly claim public ownership of specific features: The Highways Act of 1892 In October of 1892, Queen Liliuokalani approved law that determined that the ownership of all public highways and the land, real estate and property of the same, shall be in the Hawaiian Government in fee simple. The definition of public highway includes all existing trails at the time or hereafter opened, laid out or built by the Government, or by private parties, and dedicated or abandoned to the public as a highway, are hereby declared to be public highways. Furthermore, all public highways once established shall continue until abandoned by due process of law. Chapter 264 -1(b), Hawai`i Revised Statues MRS) All trails, and other non - vehicular rights -of -way in the State declared to be public rights - of -way by the Highways Act of 1892, or opened, laid out, or built by the government or otherwise created or vested as non - vehicular public rights of way at any time hereafter, or in the future, are declared to be public trails. A public trails is under the jurisdiction of the State Board of Land and Natural Resources - unless it was created by or dedicated to a particular county, in which case it shall be under the jurisdiction of that county. All State trails once established shall continue until lawfully disposed of pursuant to Chapter 171, HRS. Mr. Kawashima stated what this means is that if the State can document the existence of a trail prior to 1892, and the feature has not been disposed of pursuant to Chapter 171, the State may claim the trail. This would apply even if the trail does not currently exist on the ground physically- in many instances trail sections have been destroyed over time, due to various land uses or natural process. Mr. Kawashima stated they have an inventory of all the trails on the Big Island, they also have a list of trails that they call Na Ala Hele Program Trails and these are the trails which are open to public use; that list is located on their website. 2