Hawai'i Land Preservation Network

A survey distributed by the Maui county Farm Bureau at the recent Maui County Fair reveals that almost all Mauians think farming is important. Out of 800 completed survey forms, 95% of respondents said that agriculture is very important or extremely important. Read the full article from the Maui News here.

Bring the family out to the Waihe’e Refuge!

MCLT is proud of their restoration work and they are eager to share their progress with you. Join them for a free BBQ, entertainment, keiki activites, guided tours & more.

When: Saturday, September 5 / 10 – 2 p.m.

More info on this event available at www.mauicoastallandtrust.org

Please RVSP: 244-5263 or info@mauicoastallandtrust.org

As is normal with most conservation easements, the federal government’s Farm and Ranchland Protection Program (“FRPP”) and Wetland Reserve Program (“WRP”) require subordination of the landowner’s mineral rights. This creates a problem in Hawaii where the state purports to own all the mineral rights.
The landowner cannot agree to subordinate the minerals where someone (in this case the state) holds the rights. The administrator for the FRPP and WRP programs, the Natural Resources Conservation Service (“NRCS”), tried to remedy this problem by working with the Hawaii Department of Land and Natural Resources (“DLNR”), which is in charge of managing the state’s minerals. In August 2008, NRCS and DLNR entered into a memorandum of understanding to set up a process whereby DLNR would determine, on a case-by-case basis, whether it would subordinate mineral rights for a proposed conservation project (review MOU). (Interestingly, the MOU’s provisions imply that the state was not willing to conclude that every FRPP or WRP project would be more beneficial to the public compared to maintaining the state’s prospective rights to extract minerals from the property.) If you found this interesting and want to mine for more information, check out Hawaii Revised Statutes (“HRS”) section 182-2, entitled “Mineral rights reserved to the State.” Also take a look at HRS 182-1, which defines “minerals” — note that geothermal resources are considered a “mineral” for purposes of HRS 182, but not “sand, rock, gravel, and other materials suitable for use and used in general construction.” Also keep in mind that a typical donation of a conservation easement (not involving a FRPP or WRP project) involves different minerals issues which will be discussed in a future entry. But while we’re on the subject, you should be aware that because of HRS 182, most conservation easement donations in Hawaii will require a “minerals remoteness opinion” issued by a geologist. This is unfortunate because it costs land owners more money to complete their easements in Hawaii. A possible fix for this would be an amendment to Hawaii’s conservation easement law, HRS 198, providing that the state relinquishes its minerals rights where lands are, and remain, encumbered by a conservation easement conveyed in accordance with HRS 198.

Five LLCP projects will receive grants in 2009, although Governor Lingle did not approve all eight of the projects recommended by the Board of Land and Natural Resources. Projects making the final cut were three land purchases — Honouliuli Preserve, Oahu (TPL); Hamakua, Kailua, Oahu (DOFAW/DLNR); North Kohala, Hawaii (State Parks, DLNR); Lahapaki, Kohala, Hawaii (TPL) — and one conservation easement purchase in Pupukea, Oahu, by the Maui Coastal Land Trust, contingent on this project securing $1,100,000 in matching federal funds. Governor Lingle explained “the State’s fiscal situation, reduction in Conveyance Tax revenues, and impending legislative amendments” affected her decision to not fund all of BLNR’s proposed projects. Read the letter from Governor Lingle for more details.

The answers to the question below from the Land Trust Alliance listserv helps sharpen one’s understanding of baselines, easement amendments and supplemental or “updated” baselines:

Question:
Our organization is in process of amending a conservation easement. The property was sold by the original grantor, a private landowner, to a municipality. The municipality would like to change the baseline documentation report to remove references to private ownership and address some other issues. The original easement and baseline are from 2002. There have been no significant changes to the property since then. I have not found any information in the new Conservation Easement Handbook or the LTANet site regarding changes to baselines in the event of an easement amendment. Have any other groups out there dealt with this? What recommendations do you have for us?
Thank you,
Leigh Girvin
Continental Divide Land Trust
Frisco, CO

Click here for the full article with the answers.