.'

DEPARTMENT OF HAWAIIAN HOME LANDSLAND MANAGEMENT DIVISION

August 11, 1999

TO: Raynard C. Soon, ChairmanHawaiian Home Commission

THRU: Mike McElroy, Administrator ~~Land Management Division

FROM: Karen Prentiss, Land Agent~~~d Management Division ~

SUBJECT: Issuance of a Revocable Permit to Ms.TMK: (3) 6-5-01:10 (Por.), Waimea,Island of Hawaii

RECOMMENDED MOTION

Malama Soloman,South Kohala,

That the Chairman approves the issuance of a revocable permit toMs. Malama Solomon, to use a parcel of Hawaiian home lands,identified as Parcel "B" of TMK: (3) 6-5-01:10 (Por.) for thepurpose of grazing of cattle.

DISCUSSION

Ms. Solomon requested a month-to-month use of the parcel rightabove her mother's homestead lot. She is interested in Parcel"B" (See Attached Map) .

Mrs. Flora Solomon was awarded Parcel "A" under Pastoral LeaseNo. 9054, dated February 1, 1991, as a replacement award for heroriginally selected parcel that was deemed unusable due toendangered plants that were discovered on her lot.

Parcel "B" is the remainder portion of the parcel that wasawarded to Flora Solomon leaving an approximate area of 105.127acres and designated as Parcel "B".

Ms. Solomon is aware that this is a month to month use of theparcel and she will have to vacate when the department is readyto award the parcel as a homestead lease.

MEMO Raynard C. SoonAugust 11, 1999Page 2

If awarded a month-to-monthagreed that she will put upcost and expense. Also, sheterms and conditions:

revocable permit, Ms. Solomon hasthe necessary fencing at her own

agreed in writing to the following

1. Permittee shall pay an annualpayable ($262.50) in advance on1, March 1 and June 1.

rental ofSeptember 1,

$1050.00,December

2. Permittee shall deposit with the department an amountequal to twice the monthly rent, or $175.00.

3. Permit's effective date shall be August 10, 1999. Therent for the period 8/10 through 8/31/99, in the amountof $61.25, shall be due with the September 1 payment.

4. Use of the subject parcel shall be restricted to thepasturing of cattle. No permanent structure may beerected or placed on the land without the writtenconsent of Hawaiian Home Lands. The Permittee ispermi tted to erect necessary fencing, all costs to bethe responsibility of the Permittee.

5" Permittee shall practice good animal husbandry andshall not over graze the subject parcel.

6. Permittee shall submit a general comprehensive publicliability insurance policy, naming the department as"additional insured" prior to the final execution ofthe permit document.

7. Permit shall be renewed annually on July 1, however,permi t shall be subj ect to termination or revocationwithout cause by either party upon upon delivery of a3D-day advance written notice.

8. Processing and documentation fee will bepayable in advance. Payment received.

$175.00

9. Review and approval of the revocable permit document bya Deputy Attorney General.

MEMO to Raynard C. SoonAugust 11, 1999Page 3

10. Permittee shall abide by all rules of the Departmentof Hawaiian Home Lands and the specific terms andcondition in the permit. Any deviation of thoserules, terms and grounds for immediate termination.

RENTAL CALCULATION

The rental values used are based on the productivity of the landfor cattle grazing purposes.

The average estimated carrying capacity for the parcel is 3.5AUY, and is based on current (1998) appraisal reports reviewedof the Waimea area. The rental calculation is 3.5 AUY = 30 AU xthe current rental value per acre $35.00 = $1,050 annual rent.

LEGAL AUTHORITY

At its meeting held on May 31, 1985, the commission authorizedthe Chairman to issue, amend, renew and terminate revocablepermi ts. In accordance with section 10-2-16 (a) of theAdministrative Rules, the Chairman is delegated the authority touse said permits for greater management flexibility undersection 202, Title 2 of the HHC Act of 1920, as amended, whichstates in part that:

"The Commission may delegate to the Chairman such duties,powers and authorities or so much thereof, as may be lawfulor proper for the performance of the functions vested inthe commission."

Each commissioner will be apprised of the issuance of thesepermits, by the receipt of all pertinent correspondence.

JUSTIFICATION

The issuance of a revocable permit for the above-mentionedparcel will benefit DHHL because of the following reasons:

1. The road was built only to accommodate Flora Solomon'sland parcel; Parcel B for all purposes is land locked.

MEMO to Raynard C. SoonAugust 11, 1999Page 4

2 . Parcel B doeselectricity.

not have access to water and

3. Waimea is suffering from drought conditions. This isa suitable pasture for grazing with amble foliage.The logical user is the abutting tenant.

RECOMMENDATION

Your approval is requested for the issuance ofpermit to Ms. Malama Solomon to utilize Parcel "B"6-5-01:10 (Por.) for the purpose of grazing cattle.

APPROVED/DISAPPROVED

a revocableof TMK: (3)

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HAWAiiAN HOME LAND

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This work woo prepared by meer under my direct supervision.

TAX loW' C;-5-0ffIO SURVEY DIVISIONDEPt,RTMENT or- ACCOUNTING AND GENERAL SERVICES

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