The Department of Land and Natural Resources will seek approval from its governing board today of a proposed agreement to exchange land with Haleakala Ranch Co., saying it would ensure public access to a historic trail.
But a nonprofit organization says it would be illegal for the board to make a decision on the proposal without an environmental study.
At today’s Land Board meeting, DLNR’s Division of Forestry and Wildlife will request approval "in principle" of the proposed land agreement, according to a written submittal by acting Administrator David Smith. The department also wants approval to conduct an archaeological survey and an environmental review.
According to a news release by DLNR, the proposal was made to avoid costly litigation, ensure public access to Haleakala Bridle Trail and create a new access route to Kahikinui Forest Reserve and Na Kula Natural Area Reserve.
Board Chairman William Aila Jr. said the board is considering the proposal because it may be the solution that best benefits the public.
"The public would still have access to the Haleakala Trail, but would also gain access to thousands of acres of reserves on leeward Haleakala that provide exciting recreational opportunities," said Aila in the release.
Under the proposed agreement, the state would relinquish its title to the Bridle Trail but maintain an agreement with the ranch concerning public access to the trail. In exchange the state would receive a perpetual easement for a new access route to its Kahikinui Forest Reserve and Na Kula Natural Area Reserve on the leeward slopes of Haleakala.
In the statement, Smith wrote "an environmental review will be conducted before the proposed land exchange is effected." He said the submittal is not asking the board to approve the exchange, but rather to determine whether the proposed swap is deserving of further study.
But attorney Tom Pierce, who represents Public Access Trails Hawaii, interprets the submittal as the state seeking approval on the agreement before an environmental review. In a letter to the board Wednesday, Pierce said any decision at this time on the proposed land exchange, including DLNR’s recommendation that the state enter into a settlement agreement "in principle," would be illegal.
"There’s no such thing as an agreement ‘in principle,’" said Pierce. "That’s clever lawyer language."
He will request a deferral from the board on the proposal, saying the state is obligated to do an assessment of the purported benefits of the land exchange.
"We’re all in favor of them doing an environmental assessment and environmental impact statement process, but they certainly should delay any other decisions," said Pierce.
In response to Pierce’s letter, DLNR spokeswoman Deborah Ward said the board plans to address the proposal at the meeting.
The Sierra Club of Hawaii also will ask the board to defer or reject the proposal. "Proceeding would establish a terrible precedent," said Sierra Club Director Robert Harris in written testimony. He also noted the Legislature has not given DLNR authority to restrict access by exchanging or selling trails.
The state has proposed the land deal in response to a long ownership dispute over Haleakala Bridle Trail.
In January 2011, Public Access Trails Hawaii filed suit against Haleakala Ranch, claiming the state owns the trail and seeking unrestricted access. The organization said a May 2000 state memorandum described the trail as public. The state attorney general’s office supported the memorandum.
In April 2013 the state joined the organization’s lawsuit against the ranch.
Haleakala Ranch continues to dispute the lawsuit.
Two years ago, DLNR and the ranch agreed to hold at least two guided hikes per year. According to the forestry division, the hikes have provided reasonable public use of the trail and address potential negative impact to the ranch’s private lands.
The trail was established in 1905 to accommodate horseback tours over Haleakala Ranch to the summit, according to the company. The ranch contends it owns the trail. In December, 2nd Circuit Chief Judge Joseph Cardoza denied Public Access Trails’ motion for a partial summary judgment ruling that the state owns the trail.
The company states the judge’s denial validates the ranch’s position that it has a "legitimate claim of title to the Haleakala Bridle Trail."
In a written statement, Haleakala Ranch President Don Young said, "We believe the proposed land exchange is a mutually beneficial opportunity for a settlement that provides significant additional public benefit and resolves the ongoing litigation over the issue of trail ownership. In addition to continued guided hike public access to the Haleakala Bridle Trail, the land exchange will provide important new public access to the currently inaccessible Na Kula region in Kaupo that includes portions of the Kahikinui Forest Reserve."
