Approp.; Kikala-Keokea

Appropriates $2,400,000 to complete infrastructure for waterlines
into the Kikala-Keokea subdivision.

THE SENATE                              S.B. NO.           452
TWENTIETH LEGISLATURE, 1999                                     
STATE OF HAWAII                                                 

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The destruction of Kalapana by lava flow
 2 displaced a tightly knit community with a truly Hawaiian
 3 lifestyle.  In 1938, the United States Congress enacted Public
 4 Law 680, the Kalapana Extension Act, providing that native
 5 Hawaiian residents of the area were to be provided with leases
 6 for homesites and that fishing was to be permitted only by native
 7 Hawaiian residents of the area or adjacent villages, and by
 8 visitors under their guidance.
 9      The continuation of the unique way of life of the Hawaiian
10 residents of Kalapana was disrupted by volcanic eruptions and
11 lava flows which began on January 3, 1983, destroying one of the
12 last Hawaiian settlements on the island of Hawaii.
13      The legislature recognized this tragedy by enacting Act 314,
14 Session Laws of Hawaii 1991, as amended, authorizing the
15 department of land and natural resources to negotiate long-term
16 leases with qualified, displaced Kalapana families to maintain
17 their heritage in the Kikala-Keokea homestead area adjacent to
18 the Kalapana-Kapoho Beach road.  The site allows the Kalapana
19 families to develop the land in a manner that will enable them to

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                                     S.B. NO.           452

 1 continue their traditional way of life by raising small animals,
 2 planting sustenance crops, growing herbal medicines, and
 3 gathering additional food resources from the nearby ocean and
 4 uplands.
 5      Act 314, Session Laws of Hawaii 1991, as amended, also
 6 stipulated that the department of land and natural resources or
 7 its designated agency subdivide and create a residential
 8 subdivision in Kikala-Keokea homestead area that will be exempt
 9 from all statutes, ordinances, charter provisions, and rules of
10 any governmental agency relating to zoning and construction
11 standards for subdivisions, the development and improvement of
12 land, and the construction of units thereon; provided that it
13 meets the minimum requirements of health and safety.
14      Prior to the expiration of Act 314, Session Laws of Hawaii
15 1991, as amended, the department of land and natural resources
16 entered into lease arrangements with forty-eight of the fifty-
17 eight families who met both of the eligibility criteria set forth
18 under the Act.  However, the forty-eight Hawaiian families have
19 not been able to use their leases since the project does not meet
20 the minimum standards because it lacks water.
21      The purpose of this Act is to make an appropriation for
22 water infrastructure so the leases can be honored and the
23 community reestablished.

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                                     S.B. NO.           452

 1      SECTION 2.  There is appropriated out of the general
 2 revenues of the State of Hawaii the sum of $2,400,000, or so much
 3 thereof as may be necessary for fiscal year 1999-2000, to
 4 complete the infrastructure for waterlines into the Kikala-Keokea
 5 subdivision.
 6      SECTION 3.  The sum appropriated shall be expended by the
 7 department of land and natural resources for the purposes of this
 8 Act.
 9      SECTION 4.  This Act shall take effect on July 1, 1999.
11                           INTRODUCED BY:  _______________________