REPORT TO THE TWENTY-FIRST LEGISLATURE
REGULAR SESSION OF 2002
HAWAII STATEWIDE TRAIL AND ACCESS SYSTEM
Known as "Na Ala Hele"

 

Prepared by:

THE STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
DIVISION OF FORESTRY AND WILDLIFE

Outdoor Recreation Section-Na Ala Hele Trail and Access Program

In response to Section 198D-9(7),
Hawaii Revised Statutes
Honolulu, Hawaii
November 2001


PURPOSE

Chapter 198D, Hawaii Revised Statutes (HRS), "Hawaii Trail and Access System," requires the Department of Land and Natural Resources (DLNR) under Section 198D-9(7), HRS, to submit an annual report on activities engaged in this Chapter.  This report covers activities and revenue during Fiscal Year (FY)00-01 and certain activity for the period from December 2000 to November 2001.

INTRODUCTION

    Na Ala Hele (NAH), The Hawaii Statewide Trails and Access Program, was established through legislation in 1988.  Section 198D-2, HRS, directs DLNR to plan, develop, acquire land or rights for public use of land, construct, and engage in coordination activities to implement a trail and access system.  The program is administered by the DLNR's Division of Forestry and Wildlife (DOFAW).  This report covers activities implemented by DOFAW that are pursuant to Chapter 198D, HRS.  Specifically, this report contains the following subjects:

1.  Report Summary

2.  State Fuel Tax (SFT) Allocation

3.  Recreational Trails Program (RTP) Allocation

4.  Commercial Trail Tour Activity (CTTA) Management and Revenue

5.  Internet Site and “Hiking Safely” Brochure

6.  Hawaii Trail Analysis - (Executive Summary)

7.  Historic Trail Issues and Abstracts

8.  Legislation: Act 34, Session Laws of Hawaii (SLH), 2001

9.  Trail and Access Advisory Councils

10. Program Review

 

Trail and Access Issues, Projects and Accomplishments

1.  REPORT SUMMARY

Funding: Through DOFAW, the NAH Program utilizes a portion of General Funds via the Department’s LNR 804 Program for operations on a branch specific basis. The 10 NAH staff salaries are primarily funded through LNR 804 ($188,203) and partially funded ($107,000) through a portion of the State Fuel Tax (SFT) allocation. The portion of SFT transferred to staff salary was a result of previous LNR 804 General Fund restrictions. For FY00-01, NAH received approximately $216,000 from the SFT, instead of the projected $220,000. In August, NAH obligated Hawaii’s allocation of the Federal FY01 allocation of federal RTP funds: $533,301.

Commercial Trail Tour Activity (CTTA) Management and Revenue: Commercial ecotour activity is continuing on trails and access roads statewide and requires varying amounts of staff time for monitoring and responding to vendor needs. Regulating and managing commercial activity is problematic, and there are enforcement challenges.  There are isolated issues related to community and natural resource impacts and determining the legitimacy of certain business operators is an issue beyond the regulatory power or expertise of DLNR staff. As of October 2001, there were 20 NAH permitted operators that conduct activity on trails managed and regulated under Chapter 198D, HRS, and Chapter 13-130, Hawaii Administrative Rules (HAR.)  However, on some islands, there are operators using NAH features that are not authorized. In April of 2001, the automated reservation system went on-line via the NAH Internet site.  This system allows permitted commercial operators to reserve a limited number of patron slots on certain trails and access roads for specific modes of transport.  Staff is able to monitor commercial activity via the reservations.  NAH Administration submits monthly invoices to the vendors.  FY00-01 net revenue from commercial fees was @ $39,368.00. Staff spent approximately 1,228 hours labor managing and monitoring commercial activity at a cost of $23,571.

Internet Site and “Hiking Safely” Brochure

The NAH Internet site (www.hawaiitrails.org) went on-line in April of 2001 and contains maps and directions to all trails and access roads under the jurisdiction of Chapter 198D, HRS and Chapter 13-130 HAR, in addition to providing the on-line reservation system for the CTTA operators.  The site also  contains hiking safety tips and NAH staff contacts statewide.  In June of 2001, NAH produced the “Hiking Safely” brochure.  Both the Internet site and brochure are intended to enhance public safety by directing trail users, especially visitors, to managed and maintained trails, and educating first time trail users with tips on safety and Hawaii’s unique environment.

Hawaii Trail Analysis  

This project and report was funded by a $20,000 grant to NAH through the Kaho’omiki Program, Department of Health (DOH). The Tobacco Settlement was the source of the grant. The intent of the project was to select specific trails statewide and then conduct a user survey and environmental profile with the goal of determining trail user preparedness in relation to the environmental characteristics of the trail.  The grant allowed NAH to fund the travel of 5 University of Hawaii, Department of Urban and Regional Planning graduate students to gather information of user preparedness by interviewing approximately 2000 trail users statewide over a period of a few months. This report and its observations will assist DLNR in its efforts to develop an environmental risk management program for recreational areas under its jurisdiction.  There are a limited number of hard copies of the report available, but it is available through the NAH Program on compact disk, and is also located at DOFAW’s Internet site at: www.state.hi.us/dlnr/dofaw/pubs/index.html. A streamlined  version of the report containing data pertaining only to Hawaii residents who were surveyed was produced for DOH, pursuant to DOH data needs for the Tobacco Settlement. ·

Historic Trail Issues and Abstracts:  Legal issues/litigation and public concern relating to the disposition of historic or ancient trail features have been increasing, particularly on the Big Island and Molokai. This situation has prompted NAH to consider developing a DLNR policy on Division protocol for the treatment of historic trails. The abstract section of NAH provides technical support in locating and determining governmental jurisdiction to ancient or historic roads and trails throughout the state.  In FY00-01, there were a total of 30 abstract requests performed to determine title and/or public access for historic trails, old government roads and lateral shoreline access routes. In FY00-01 staff worked approximately 2,221 hours @ $28,352 on abstracting and historic trail issues.

Legislation Act 34, SLH, 2001, amended Chapter 198D, HRS by adding criminal and general administrative penalties.

Trail and Access Advisory Councils

The Advisory Councils (AC) meet with a frequency based upon the needs and issues of their particular islands.  Pursuant to the NAH Administrative Rules, the Statewide AC must meet at least once a year.  On November 10th, the Statewide AC met to continue strategic planning, to report on island activities, and to go over policy and administrative issues affecting the Program in general.

Program Review: Trail and access issues continue to increase, and continue to be complicated.  There are increasing public safety issues, multiple-recreational use expectations, commercial tour interests and trail related visitor industry recreational trends. Historic trail documentation, restoration and protection are increasing in significance, while public access to particular areas is an ongoing issue.  Three major issues associated with the Program’s long-term effectiveness have been identified: 1) The implied statutory goal of trail and access system expansion, without commensurate increases in government support; 2) Balancing the original concept of the Program at its inception with current operation and evolving trail related issues that require Program intervention, and 3)Examining the role of the ACs within this context - the transition from trail and access development into a growing regulatory role (for most islands).

Trail and Access Issues, Projects and Accomplishments: Most of the trails managed by DOFAW are included as part of the NAH trail system.  In addition, NAH administers trails on other State land and trails traversing private land. Currently, there are approximately 580 miles of trails and access roads managed by DOFAW, with support provided by NAH. Primary NAH Program goals are to:
  1. Improve and maintain the conditions of all appropriate public trails and access to the standards and specifications of the NAH Program,
  2. Document, and when feasible, restore ancient and historic trails for managed public access, and
  3. Attempt to resolve various access disputes and initiate planning and development efforts for trails or accesses that may be suitable for inclusion into the Program, or receive NAH technical or developmental support.  In FY00-01, staff spent approximately 8,821 hours @ $122,341 ($20,640 of LNR 804 funds, and $101,701 of federal RTP funds) for trail maintenance. 

2.  STATE FUEL TAX (SFT) ALLOCATION

A percentage (0.3%) of the SFT collected under Chapter 243, is allocated each fiscal year to the Special Land and Development Fund (Section 171-19, HRS) of DLNR.  The allocation is for the purposes of management, maintenance, and development of trails and trail accesses established under Chapter 198D, HRS. Legislation established a limit of $250,000 that may be allocated to DLNR from SFT revenue.  For FY01, DLNR/Department of Transportation (DOT) projected that the allocation would be approximately $220,000. The actual allocation was $216,000. $122,350 of this allocation was applied to NAH personnel costs to

offset previously established LNR 804 General Fund restrictions.  The projected allocation for FY02 is: $205,197.

3.  RECREATIONAL TRAILS PROGRAM (RTP) ALLOCATION

    The Transportation Equity Act for the 21st Century (TEA 21) authorizes the RTP as a Federal-aid Highway Program and is codified in 23 U.S.C. 206 (The RTP replaced the National Recreational Trails Funding Program.) DLNR, through the NAH Program, is qualified by the Federal Highways Administration as eligible to receive Hawaii’s allocation of the RTP funds. Criteria for eligibility mandates that the states have trail councils that include representation by the motorized recreational vehicle constituency, which the NAH Program established at its inception. The RTP is a state-administered, Federal-aid program, and provides funds to states for trails and trail-related projects that fulfill the goals of a State Comprehensive Outdoor Recreation Plan.  In utilizing the RTP funds, the state must comply with the Assured Access to Funds requirement: a minimum of 30% of the funding must be used for motorized trail use, 30% for non-motorized trail use, and 40% for diversified (multiple) trail use. The current RTP establishes a 80/20 matching requirement. Due to the limited amount of funds from the SFT, and the General Fund, providing the State RTP match is becoming more challenging.  DOFAW labor now constitutes 100% of the state 20% matching requirement, but because of the need of other DOFAW programs to rely on staff labor as match, this is becoming increasingly more difficult. In August of 2001, NAH obligated Hawaii’s allocation of the Federal FY01 allocation of RTP funds:  $533,301.

4.  COMMERCIAL TRAIL TOUR ACTIVITY (CTTA) MANAGEMENT AND REVENUE

Act 106, (1997 SLH), allows for user fees from commercial use of public trails and access routes to go directly into the  Special Land and Development Fund.  This provision affords the opportunity of possibly offsetting the costs of NAH Program management, and trail maintenance, and regulating and monitoring the commercial trail tour industry.  There is general consensus between NAH staff and the private sector that it is in the commercial trail tour industry’s best interest to protect hiking trails and access roads used by the industry through some form of intervening regulation.  Regulation via a permit is codified in Chapter 13-130, HAR, for the Statewide Trail and Access Program.

A major challenge for the NAH Program has been to provide a reasonable method for commercial tour vendors to reserve and utilize the limited number of commercial patron slots in a manner that meets the needs of the tour industry and minimizes NAH staff time spent in managing the process.  A scheduling method is in place to insure that commercial activities by multiple vendors do not exceed the daily capacities and/or number of groups established for the CTTA trails and roads.  After an application for a commercial trail tour is processed and accepted, a permit is issued. The approved vendor is provided instructions on the CTTA Internet reservation system and issued a confidential PIN# and ID code for accessing the reservation system.  The system records the reservation, date and calculates the fee.

Fees are imposed per unit and based upon the potential trail impact of the mode of transport:

Hike

Bike & Horse

Motorcycle

4WD (5)

4WD (8)

4WD (12)

4WD (15)

$5.00

$7.00

$10.00

$25.00

$50.00

$75.00

$100.00

Payments are required after reservations are made, and vendors receive monthly invoices for the total amount of patron slots reserved, less any cancellations due to inclement weather. NAH has determined that inclement weather, such as high precipitation, may reduce public safety and increase trail or access road impact. As a result of the September 11th tragedy, NAH waived September reservation fees for vendors whose patrons either could not fly into Hawaii, or canceled their travel plans.

It is anticipated that there will be future modifications based upon what NAH has learned since going on-line, such as adding or deleting certain trails, adjusting capacities, and correcting mistakes. For now, NAH will continue to submit invoices to vendors based upon their reservations.  Over time, if the vendor load increases to a level that makes it impractical for staff to continue invoicing, it may be necessary to consider offering other payment options such as credit card or direct deposit.  NAH staff continue to examine and monitor commercial tour operations on DOFAW-NAH features to determine the long-term feasibility and impacts associated with allowing this activity. An  incentive for the CTTA vendors to participate via a CTTA permit is that their company is listed on the NAH public informational portion of the NAH Internet site, which provides linkages to potential global customers. NAH Administration submits monthly invoices to the vendors. FY00-01 net revenue from commercial fees is @ $39,368.00, staff labor managing and monitoring this activity was 1,228 hours @ $23,571. Twenty percent of the total revenue has been allocated to the Office of Hawaiian Affairs.

FY00-01 CTTA Revenue

Kauai

$27,800

Oahu

$3,240

Maui

$6,116

Hawaii

$2,212

Subtotal:

$39,368

OHA @ 20%

$9,892

Total:

$49,260

5.  INTERNET SITE AND “HIKING SAFELY” BROCHURE

NAH Internet Site (http://www.hawaiitrails.org/)

The NAH internet site was established with funding support of the Hawaii Tourism Authority, Federal RTP funds, and with NAH staff time support. The NAH Internet site went on-line in April of 2001 and contains maps and directions to all 113 trails and access roads under the jurisdiction of Chapter 198D, HRS and Chapter 13-130 HAR. This site is intended to enhance public safety and information distribution by directing trail users, especially visitors or first time users, to managed and maintained NAH trails. The Website also allows the consumer to view lists of the permitted commercial trail tour operators on each island, and information on how to contact them. The site also contains safety tips and NAH staff contacts statewide.  The site provides the opportunity to post additional information, such as the agendas and minutes of the AC meetings, and other documents relating to the Program. 

Hiking Safely Brochure http://www.state.hi.us/dlnr/brochures/HikingSafety.pdf

In June of 2001, in conjunction with National Trails Day, NAH produced the “Hiking Safely” brochure. $5,000 were provided by the Hawaii Tourism Authority and $4,000 from the Kaho’omiki Program, DOH, via Tobacco Settlement funds. The brochure was created to educate visitors and  first-time trail users with tips on safety and Hawaii’s unique environment. 

6.  HAWAII TRAIL ANALYSIS: SURVEY & RISK MANAGEMENT DATA PROFILE

(http://www.state.hi.us/dlnr/dofaw/pubs/index.html)

(From the Executive Summary)

In the Fall of 2000, a sample trail analysis was conducted at selected Hawaii State Parks and NAH trails on 4 islands. The objective was to generate data on user profiles as well as descriptive information of the trail features, and interpret this into information to be used toward the development of a comprehensive inventory of trail data and ultimately an environmental and recreation risk management plan.  The Hawaii Trail Analysis was conducted by 5 graduate students at the University of Hawaii, Department of Urban and Regional Planning under the guidance of Professor Peter Flachsbart.  Funding for the project was provided by the Physical Activity Promotion Project in the DOH.

A combination of 14 trails and parks made up the survey area, 4 each on Oahu, Kauai and the Big Island, and 2 on Maui.  Trail selection was made through consultation with DLNR staff on each island. User profiles were determined by means of a survey and statistical analysis, and trail characteristics were drawn from field investigations and existing data analysis.  The intent of the study was to develop a procedure for DLNR to consider for a comprehensive statewide trail and park analysis for all features within the jurisdiction of DLNR. Through this analysis, a risk management plan could be developed and implemented.

The user profiles were used to determine frequency, preparedness, and demographic information of trail and park users. The study revealed that more than 3 out of every 4 trail users were visitors from out of state (78%) and predominantly Caucasian. This resident/visitor ratio was unexpected and indicates that many of the users are unfamiliar with the climate, geology and hazards in Hawaii, thereby posing a greater threat for the unprepared user. Extensive demographic and behavioral information was gathered from the surveys and compiled into a database for use by DOH and DLNR. The statistical results of that database can be found in Appendix B (see attached).

The physical assessment of the trails demonstrated wide variability in the types of potential hazards present on or around trails.  Each trail was surveyed with a global positioning system (GPS) unit to identify elements such as rock fall, hazard trees or steep slope. Although this was a descriptive study, the trail analysis made some broad recommendations for further study and regarding trail management.

The most apparent area of improvement concerned informational signage on the trails, in both quantity and consistency.  The survey showed that mileage markers, where available, were the most noticed type of sign. Furthermore, providing information to the user before they arrive at the trail, such as places where a first-time user would learn about the trail, would increase the user’s preparedness. Communication could also improve between trail managers and fire & rescue personnel, so that feedback on the circumstances of an incident may be used toward increasing safety at parks and trails in the state.

As the study team was composed of non-experts in this field, the comments made were mostly passed on from specialists and from the trail users themselves.  In general, the report served as a “first cut” to confirm notions of which features are high use areas and where users are inadequately prepared.  The report culminates with a self-critique of the process used in the analysis.

7.  HISTORIC TRAIL ISSUES AND ABSTRACTS

Over the past several years, NAH has identified several differing historic trail scenarios and potential responses to address the State’s interest. These scenarios are determined by Chapters 6E,171,264,and 198D,HRS, and are specifically associated with trails and non-vehicular roads that are subject to the Highways Act of 1892. Section 264-1, HRS, contains the following provision: (b) All trails, and other non-vehicular rights-of-way in the State declared to be public rights-of-way by the Highways Act of 1892, or opened, laid out, or built by the government or otherwise created or vested as non-vehicular rights-of-way at any time thereafter, or in the future, are declared to be public trails.  A public trail is under the jurisdiction of the state board of land and natural resources unless it was created by or dedicated to a particular county, in which case it shall be under the jurisdiction of that county.

These scenarios require coordination, and agreement on procedure among DOFAW and the Land and Historic Preservation Divisions, and the Bureau of Conveyances of DLNR and the State Survey Division of the Department of Accounting and General Services.  It has become evident that the DLNR should consider adopting a protocol that identifies each Division’s responsibilities in relation to the treatment of historic trails. DOFAW, through NAH, has requested that the respective Divisions review and as necessary, verify protocol or comment on these scenarios.  It is anticipated that after reviewing comments and making the necessary revision, this policy will be presented to the Board of Land and Natural Resoures (BLNR) for approval. This issue is very pertinent on the island of Hawaii, and the AC for that Island has developed draft guidelines to reduce the ambiguity associated with the treatment of historic trails. There has been litigation associated with historic trails on the island of Hawaii (see section #11.)

The abstract section of NAH provides technical support in locating and determining governmental jurisdiction to historic roads and trails throughout the state.  The abstract research is dictated by discussion among the ACs and NAH staff, resulting in specific requests for information, and plays an integral role in assessing current and future options for developing and restoring trail and access road systems. Other DOFAW programs also periodically require NAH abstract support. Abstracts of title are accomplished through historical research of documents, maps and other media together with interpretation of applicable statutes and laws. The NAH Abstract Section also assists the Department of the Attorney General in identifying possible interest the State may claim in  roads and/or trails situate within the boundaries of lands that are the subject of Quite Title Actions or Land Court Applications.  If ownership is confirmed, public access via these road or trail features bounded by private land is documented. Affirmation of ownership provides future options for recreational development and/or access.  The following provides a statewide breakdown of NAH Program abstract of title requests that have been initiated since 1992.

One hunderd thirty-two abstract requests have been initiated through the four DOFAW Districts to determine title and/or public access for ancient or historic trails, old government roads and lateral shoreline access routes. In FY00-01 staff worked approximately 2,221 hours @ $28,352 on abstracting and historic trail issues.

ABSTRACTS

FY00-01

TO DATE

STATE
OWNED

PUBLIC
ACCESS

OTHER
OWNERSHIP

Kauai

1

19

8

8

3

Oahu

3

10

4

0

6

Maui

5

32

16

4

12

Hawaii

21

71

47

7

17

TOTAL

30

132

75

19

38

8. ACT 34 SLH, 2001

Emerging trail and access issues have created the need for regulatory ability that was not reflected in Chapter 198D,HRS when the Program was created.  The need for greater regulatory power is due to increases in both public and commercial trail use and resulting management conflicts. DLNR submitted an Administration bill to the 21st Legislature (H.B. 691) that established both criminal and civil penalties for NAH.  This bill was approved by the Governor on April 27, 2001, as Act 34, amending Chapter 198D, HRS by adding a section on general administrative penalties and criminal penalties for violation of Chapter 198D, HRS, and Chapter 13-130, HAR.

It is the goal of NAH that this enhanced regulatory ability will improve compliance with Chapter 13-130, HAR and specifically allow for much needed enforcement ability for unauthorized commercial tours.

9. TRAIL AND ACCESS ADVISORY COUNCILS (AC)

The AC’s meet as staff and AC members determine is necessary based upon their respective trail and access issues. From January to October of 2001, the Big Island, Oahu, Maui, and Molokai AC’s have conducted 10 meetings, the Lanai AC has conducted 3, and the Kauai AC has conducted 2. The agendas and minutes of the AC’s are on file at the NAH Administrative office. Many of the issues and subjects covered by the AC’s are reflected in the following Statewide Trail and Access projects. The Statewide NAH AC meets at least once a year and is comprised of the chairpersons (or their representatives) of the 6 island ACs and a representative from the off-road vehicle user group.  The Statewide NAH AC meets to provide continuity of Program implementation among the Island ACs and to discuss and resolve issues that affect the Program statewide.  In November of 2001, the Statewide AC met to continue with strategic planning, to share trail and access issues that are both statewide or island specific, and to discuss administrative and budgetary issues.     

10. PROGRAM REVIEW 

The NAH Program was created in 1988, and a Program Plan was completed in 1991 as a “blueprint” for implementation of Chapter 198D, HRS.  Since that time, NAH has promulgated rules, amended Chapter 198D and developed management scenarios not reflected in the original plan.  The goals and objectives relating to AC and general public perception of the management and expansion of trails and access, in some cases to the detriment of the original intention of establishing the NAH Program, have been usurped by several new issues. The Plan does not adequately address these new issues and changes in trail use and user expectations, new laws and policy relating to such topics as traditional and cultural access, or recreational guidelines associated with the American with Disabilities Act guidelines, and emerging risk management scenarios.

NAH is actively involved in responding to environmental risk assessment and management, conflicting and increasing demand of multiple, public recreational uses (trail bicycles, motorized trail use, ecotourism) commercial tour activity, and complicated and litigious historic trail scenarios.

Based upon planning exercises conducted via the Statewide AC and NAH Staff, the following 3 points identify the key impediments to Program development:

1.  The implied statutory goal of continual trail and access system expansion, without commensurate increases in government support.

2.  Balancing the original goals and objectives of the Program at its inception(developing a Statewide trail and access system) with current management, operation and response to issues that require Program response and intervention.

3.  Examining the role of the ACs within this context - the transition from advising on trail and access development into the growing regulatory and management role of the Program (for most islands)

The Program continued to examine its role within the above context, and discussed methods to resolve these impediments during a Statewide AC meeting on November 10th, facilitated by Peter Adler. Many of the subjects delineated in the following projects and accomplishments reflect the 3 points listed above.

11.  TRAIL AND ACCESS ISSUES, PROJECTS AND ACCOMPLISHMENTS

Appropriate public trails managed by DOFAW are included as part of the NAH trail system. In addition, NAH administers trails on other State land and trails on private land through Memorandums of Agreement. Currently, there are approximately 580 miles of trails and accesses that are managed by DOFAW, with support provided by NAH. Primary NAH Program goals are to:

1) Improve and maintain the conditions of all appropriate trails and access to the standards and specifications of the NAH Program, 2)Document and when feasible, develop historic trails for managed public access and 3) Attempt to resolve various access disputes, and initiate planning and development efforts for trails or accesses that may be suitable for inclusion into the Program, or receive NAH technical or developmental support.  New Program activities that are increasing in significance and impact to Program activities include the monitoring and management of commercial trail tours and establishing Risk Assessment procedures. In FY00-01, staff spent approximately 8,821 hours @ $122,341 ($20,640 of LNR 804 funds, and $101,701 of federal RTP funds) conducting trail maintenance.     

The following is a status report for each island on the implementation of trail and access projects and planning efforts for the 2001 calendar year.  The island reports contain descriptions of select trail and access activities that NAH has undertaken due to NAH Program, DOFAW or DLNR directives, or in response to public interest, land development or changes in ownership and access situations.

Kauai Branch

Oahu Branch

Maui Branch (includes Molokai and Lanai)

Molokai

Lanai

Hawaii Branch

*END*