Ka Wai Ola - Office of Hawaiian Affairs, Volume 23, Number 4, 1 April 2006 — Talks continue in Waimea settlement [ARTICLE+ILLUSTRATION]

Talks continue in Waimea settlement

By Derek Ferrar Public lnformation Specialist Negotiations are continuing to finalize the court settlement that will give the Office of Hawaiian Affairs title to 0'ahu's Waimea Valley and ensure that the historic valley will remain permanently protected from development. Under the terms of the agreement, the l,875-acre valley will be purchased from New York theme-park developer Christian Wolffer for $14 million by a hui consisting of OHA, the City and County of Honolulu, the Army, the state Department of Land and Natural Resources and the National Audubon Society. Wolffer had originally requested that the complicated deal close by March 15, but a variety of factors - including the need for legislation to authorize the state's $1.6-million share - have pushed that time frame back. Negotiators are now hopeful that the deal ean close sometime in April. "This is an extremely ehallenging agreement to finalize because of the number of partners and the complex issues involved," OHA Administrator Clyde Nāmu'o said at a eommunity meeting. "So don't be surprised if it takes a little longer to close." When finalized, the agreement will settle the long-running lawsuit over the city's condemnation of Waimea in 2002, whieh eame after Wolffer first tried to sell the property as a private residence and then placed it into bankruptcy. After the city took possession of Waimea, it awarded a lease to the National Audubon Society to operate an environmental and cultural park on the property. Here are some of the recent developments: City Council approves deal On March 15, the Honolulu City Council gave final approval

to the city's part of the settlement, in exchange for permanent easements that will ensure that the valley forever remains undeveloped and accessible to the puhlie. The easements will be jointly shared between the city and the state. The council's approval, however, eame only after contentious questioning of the city's negotiator by eouneil members Ann Kobayashi and Romy Cachola. Cahola in particular said he believed the city "gave away the store" in the deal. In the end, the agreement was approved by a slim five-vote majority of the nine-member eouneil, after Cachola, Kobayashi and Councilman Rod Tam left the meeting before the vote. (Councilman Charles Djou was out of town and had previously been excused.) Voting in favor of the measure were Council Chairman Donavan Dela Cruz, who represents the North Shore district, and members Nestor Garcia, Barbara Marshall, Gary Okino and Todd Apo. Funding bills advance Meanwhile, a pair of bills eontinue to advance in the state Legislature that would provide funding for the state's share of the purchase deal. As of late March, the crossover hill in the House was awaiting a hearing by the Finance Committee, and the hill in the Senate had passed the Water, Land and Agriculture Committee and was due for referral to the Ways and Means Committee. The settlement deal cannot close until the state's funding is secured. Army to seek easement realignment At a March 2 OHA board meeting, a representative of the Army's Environmental Center - whieh is contributing $3.5 mil-

lion to the Waimea deal to help preserve an open-space buffer around the Army's Kahuku training ground - told trustees that the Army would request a readjustment of the boundaries to a road easement it possess in the back of the valley. loel Godfrey, head of eonservation for the environmental division in Hawai'i, said that erosion has slightly altered the path of the private dirt road, known as Drum Road, so the Army would ask that the easement boundaries be redrawn. The Army was granted permanent access to the 23-mile plantation track, a two-mile portion of whieh runs through the back of Waimea, in 1938. The military has already allocated funds for paving and upgrading Drum Road as part of its Stryker Brigade expansion in Hawai'i, with work scheduled to begin in the fall. Since the road leads from Schofield Barracks to the Kahuku training grounds, Army officials say using it will allow the 19-ton Strykers and other vehicles to avoid traveling on puhlie highways. Community airs hopes, concerns In mid-February, the Save Waimea Valley Coalition hosted a coimnunity meeting at Waimea to discuss the settlement deal, with OHA trustees; Hawaiian cultural groups; city, state and Army officials; Audubon Society representatives and oth-

ers on hand to share mana'o and answer questions. OHA Chairperson Haunani Apoliona asked for the "patience and participation" of all involved as the complex negotiations were worked out. "OHA is stepping onto uncharted ground," she said, "and we want to make sure that we navigate the correct course from day one so we don't waste any more time and resources." Audubon President lohn Flicker thanked all those who had eome forward to help protect Waimea. "During the valley's darkest days, with the forces of development against it," he said, "the only thing standing up to that was individuals who were committed to the preservation of the valley's cultural and natural resources. When they eome together, such individuals are a very powerful force." While most in attendance expressed relief and excitement about the deal to preserve the valley, a number of eoncerns were also raised. Some Native Hawaiians said they were troubled that Audubon has few Hawaiian staff members, and that native culture seemed to take a back seat to mainlandstyle environmentalism at the park. OHA Administrator Nāmu'o said at a later board meeting that he was hopeful that "a meeting of the minds" could be reached See WAIMEA on page 18

What about Wao Kele? Also still in progress is OHA's other major conservation land acquisition, that of the nearly 26,000-acre Wao Kele o Puna rainforest on Hawai'i island. While title has not actually transferred to OHA yet, the major issues have mainly been worked out, and negotiators are hopeful that the transfer ean take plaee soon. Under the terms of the deal, the current landowner, Campbell Estate, must first transfer title to the nonprofit Trust for Puhlie Land, whieh will then convey ownership to OHA. A federal forest stewardship grant will pay for most of the forest's $3.65-million purchase price: OHA will be acquiring title for $300,000. The board has also committed to paying up to $228,000 per year in iniīial management costs. Also nearing eompletion is the Memorandum of Agreement between OHA and the state Department of Land and Natural Resources on the management of the forest, under whieh DLNR will gradually transfer management responsibility to OHA. Finally, a hill appropriating up to $1.3 million to plug and abandon two exploratory geothermal wells in Wao Kele currently awaits action by the legislative money coimnittees.

NŪ HOU • NEWS

OHA will assume title to 0'ūhu's stunning and historic Waimea Valley under ū landmark agreement to protect the valley from development. Photo: Courtesy ofStewards of Waimea Valley

WAIMEA CūntinuEd fram page 09

between OHA and Audubon to address such issues. "But with OHA having ownership and trust funds being expended," he said, "the Hawaiian conununity needs assurances that it will be a Hawaiian plaee." Meanwhile, some non-Hawaiians expressed eoneein over the fact that OHA intends to turn Waimea - along with all of its other assets - over to a Native Hawaiian governing entity onee it is established. "I worry that OHA will try to exclude nonHawaiians from the valley," one meeting

participant wrote on a question card. OHA officials point out permanent publie access is part of the settlement deal, and say they have no intention of trying to keep non-Hawaiians out. "We certainly want to ensure that nonnatives ean have an opportunity to appreciate the depth of our Native Hawaiian eulture, so it doesn't make sense that Waimea would be a plaee where non-Hawaiians would be excluded," said Apoliona. "But by the same token, we want to make sure that Native Hawaiians feel comfortable coming to the valley, and that the history and culture of the valley are being honored in a way that will make Hawaiians feel proud." S