Ka Wai Ola - Office of Hawaiian Affairs, Volume 23, Number 2, 1 February 2006 — Waimea Valley [ARTICLE+ILLUSTRATION]

Waimea Valley

Stūry and phūtū by Derek Ferrar Puhlie lūformatioū Specialist The Office of Hawaiian Affairs is set to assume ownership of 0'ahu's Waimea Valley within the next few months under the terms of a court settlement that will permanently protect the stunning and historic valley, considered to be 0'ahu's last intact ahupua'a. The purchase represents OHA's second major acquisition of important conservation land in just a few months, after September's agreement that will give the agency title to Wao Kele o Puna rainforest on Hawai'i island. The two deals mark the first time that OHA has acquired substantial land holdings. In mid-January, Waimea's former owner, New York developer Christian Wolffer, accepted a $14 million offer to settle the long-running lawsuit over the city's 2002 forced purchase of the valley through condemnation. In addition to the $5 million the city placed in escrow to pay for the l,875-acre property, the remainder of the purchase price will be shared by OHA, the U.S. Army, the state Department of Land and Natural Resources and the National Audubon Society. (See box.) "The bottom line is that the ahupua'a that is this valley is

going to remain%atacg0^said OHA Chairperson^Tlaunani Apoliona. "This deal is charting new waters for OHA, for sure. But after 25 years, OHA is stronger and better prepared to take a step like this. And, ultimately, all these assets will transfer to the future Native Hawaiian governing entity." At the request of the seller, the purchase deal is scheduled to close by March 15. But according to OHA Administrator Clyde Nāmu'o, final details of the eomplicated deal are likely to take some time longer to resolve. "In the meanhme," Nāmu'o said, "the valley will continue to run as it has been." Before the purchase ean occur, the judge still has to sign off on a final settlement agreement, and OHA's Board of Trustees must formally approve the agency's share of the funding. The Honolulu City Council must also give final approval to the deal at a hearing scheduled for Feb. 15. On Jan. 25, the eouneil gave unanimous preliminary approval to the settlement, with only Councilman Romy Cachola expressing reservations over the amount of the city's expenditure. How the deal took shape On Dec. 7, the Honolulu

City Council - responding to overwhelming puhlie testimony - unanimously rejected a settlement deal proposed by Mayor Mufi Hannemann that would have split the valley and returned most of it to Wolffer. At the eouneil hearing, representatives of OHA, the Audubon Society and others said they would be willing to put together a partnership to eome up with additional purchase funds, if that was what was needed to prevent the city from splitting up the valley. Soon after the eouneil hearing, the mediator in the eondemnation suit, Clyde Matsui, contacted OHA and others who had pledged to help purchase the valley. After hurried consultations, Matsui and the contributing groups arrived at a purchase offer of $12 million, and it was agreed that OHA would assume title to the property. Wolffer, however, rejected the offer. At that point, according to the mediator's report, the mayor's representative in the negotiations, Deputy Corporation Counsel Donna Woo, reported that the mayor had secured an additional commitment of $2 million from the Army, bringing the total offer up to $14 million. That offer was accepted. Wolffer's loeal attorney, William McCorriston, told The Honolulu

Advertiser that the developer's dream had been to one day own a home in the valley, but that Wolffer changed his mind after talking with the mayor, who stressed the valley's importance to the community. Amid a flurry of rushed meetings after the offer was accepted, the mediator submitted his settlement report to Circuit Court Judge Gary Chang, who gave it y3reliminary approval on Jan. 1 rl%e issues ^^Now that the purchase deal has been set in motion, a number of complex issues face the parties involved. These include: • The city's conservation easement Because the city's share of the purchase price comes from the sale of building bonds, there is a requirement that the city must retain permanent conservation and public-access easements over the property. In essence, this means that the city will require that the valley remain protected from development and open to the puhlie in some form. But exactly how that will play out remains to be seen. "Sure, the puhlie will have access, but to what part?" says OHA's Nāmu'o. "That all needs to be worked out." • DLNR's roie Another big question is what

part the state's Department of Land and Natural resources will want to play. DLNR Director Peter Young said the department has muhiple conservation interests in the valley, including protection of native and endangered species, and preservation of the valley's exceptional eultural resources. Young said he has already had discussions with OHA about forging some kind of management partnership, similar to the two agencies' collaboration in the purchase of Wao Kele o Puna forest. "This is another great opportunity for OHA and DLNR to expand our already growing partnership," he said. "Our scientists and technicians would be able to learn about more traditional and cultural ways of stewardship, and hopefully they ean help train OHA folks about modern conservation techniques. That's the exciting thing about our partnership at Wao Kele, and I think it's possible at Waimea, too." • Audubon's role After the city took ownership of Waimea in 2002, it awarded a 30-year contract to the National Audubon Society to operate an ecological and cultural visitor center in plaee of the former owner's "adventure park." However, the contract remained on a month-to-month basis as See WAIMEA on page 14

Who's paying for Waimea

NŪ HOU • NEWS

WAIMEA

CantinuEd fram page 08 long as the condemnation suit was pending. Audubon Vice President for Field Operations Les Corey said that the society "is very proud to be able to play a role in helping to preserve this wonderful valley, whieh is so precious culturally and environmentally." As far as any plans for the future, Corey said the most important thing at this point is "to listen to the eom-

munity about how all this ean best work out in the long run." At a recent OHA board meeting, Nāmu'o said he would likely recommend that the month-to-month arrangement with Audubon eonhnue until the terms of a long-term contract could be developed. In addition, he said, such a contract would likely have to go through required state procurement procedures. Nāmu'o said that Hawaiian culture would have to be a strong element of the valley experience provided by any operator. "I'd like to see

Waimea preserved not merely as a beautiful plaee to visit," he said, "but as a plaee to gain a significant experience and understanding of the Hawaiian ahupua'a system." • The Army's interest Funding for the Army's share of the Waimea purchase is coming through its national Environmental Center, whose mission is to "enhanee Army training and operations while protecting the environment." The Army's contribution also ties into its "ACUB" (Army Compatible Use Buffer) pro-

gram, whieh allows military departments to partner with government or private organizations to establish buffer areas around training areas. The Army is also using similar funds to contribute $3 million to the North Shore eommunity's effort to preserve the Pūpūkea-Puamalū area adjacent to Waimea. But it is probably also significant that the Army holds perpetual access rights to a 23-mile dirt track called Drum Road, part of whieh runs through the back of Waimea Valley, within the property

boundary. In the past, the Army has clearly stated that Drum Road is important to its Stryker Brigade plans, since it directly connects the area around Schofield Barracks with the Army's training area in Kahuku. Appropriations have already been made for the Army to upgrade the road as part of its Stryker program. It is not known yet what, if any, conditions the Army might push for in the final Waimea agreement, and an Army spokesman could not be reached in time to comment for this report. S

0HA $ 2.9 million The City $ 5 million (already in escrow) (via the Trust for Public Land) ^ ^ m'"'on DLNR $1.6 million Audubon $ 1 million (advanced by OHA) TOTAL $14 million