2017-03-13 Public Access, Open Space and Natural Resources Preservation Commission Minutes (2)

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look at amendments to PONC, to the Charter. Um,basically for allowing for native tenant right policy in public access open space areas and native tenant gardens. Because these are something that are actuallyafforded by law and in theUnited States Constitution under Customs and Usage. Um also, um . . . there is a problem with HRS 172-11, which states that the rights of the heirs enur, which is forever, even if the land was alienated, which includes old sugar cane leases, . . . um . .. all kind of different situations. So um I just want to announce to you that I had a meeting with the Federal government. Um it was a sort of chain of events. I went to the Police department to ask them about issues of old sugar cane lease lands that have these . . . um . . . y leased lands . . .um government Ahupua‘a and whatnot. And so the police said they had never heard of it. Then I asked them to look it up, they said it was hands off and out of their scope. Um I was directed to call the sheriff. The Sheriff had never heard of it and sheriff was very upset, because um you mean to say that we’ve been ejecting native Hawaiians off land where there’s court order native tenant rights and they have the rights under HRS 172-11 for these Kuleana lands. And as you notice there’s the Kuleana’s property land tax exemption, um . . . which is um basically for Kuleana land which could be within a PONC area.Um $100.00 a year. Um which would . . . um . . basically when I’m pleading here is that there is a lot of homeless Hawaiians . . . um I will call them poi lessHawaiians with diabetes and whatnot. They need to be able to return home and . . . um . . . that within the PONC areasum I did attach,I believe you have a map, maybe on the second page where it shows an example of .Um thereis a study by Marianne Kelly. Um series 80-2, which is the nine Ahupua‘a s um which I have with me in the binder . . . um . . . and that basically um showing um all these land commission awards and whatnot um actually mapped out and um in reference to a regular TMK map that thee by law of these um numbers are still remaining on the map so that you can see them on the maps. Um so basically it led up to a meeting with thee . . . um the Federal government inKapolei. Um discussing the issue of thisenforcement of HRS 172-11. So apparently there’s been enforcement and an actualoffice of HRS 171, which is your land a HRS 174, which is your water. So under HRS174c-101 is Native Hawaiian water rights, appurtenant water rights. They don’t even need a permit . . . to go and access to water. Which um I just had a discussion with Parks and Recreation that um say even Honu‘apoparcel was given over to PONC. Um the map was changed they took Paiea off the map, which was very upsetting to the Kamehameha Family. Um in that area they have refused to stop spraying, even though the . . . um even the CDP maps shows that there are these land commission award within that area and actual within PONC, 8559B Lunalilo. So the problem is um there’s like a widespread a non- compliance to a letter from SHPD asking the State Highway Department and the Parks to stop spraying herbicide. Um in areas where there’s land commission awards. And so we’re are also look at. . .or any other place that is under PONC. There should be no spraying whatsoever of herbicides and I um do havea report from Mississippi River basin where it does show the problems a with . . . um certain herbicides and whatnot. 3