HOUSE OF REPRESENTATIVES

H.B. NO.

324

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HISTORIC PRESERVATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


PART I

SECTION 1. The legislature finds that the concept of a wilderness area in the culturally and historically rich south Kona area on the island of Hawaii has been discussed for more than thirty years. This area has significant archeological sites that warrant protection and preservation. Act 59, Session Laws of Hawaii 2003, established the south Kona wilderness area and provided for the development of a comprehensive management plan for the area; however, Act 59 was subsequently repealed on December 31, 2007, pursuant to Act 215, Session Laws of Hawaii 2006.

The purpose of this part is to establish a south Kona wilderness area on the island of Hawaii, provide a mechanism for the creation of a plan for management of the wilderness area, and provide a framework for management of the wilderness area.

SECTION 2. Chapter 6E, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    . SOUTH KONA WILDERNESS AREA

6E-A South Kona wilderness area; establishment. There is established the south Kona wilderness area on the island of Hawaii in the area described in section 6E-B to be administered by the department of land and natural resources for the preservation of the visual, cultural, biological, and historical aspects of the lands covered in this part and to:

(1) Preserve the extensive archaeological sites in the area, including ancient homesites, a holua slide, a heiau, and burial caves;

(2) Preserve and protect native Hawaiian plants and animals currently in the area;

(3) Provide for a wilderness area with minimal man-made structures;

(4) Permit limited non-vehicular access for recreational purposes, such as fishing, swimming, and exploration; and

(5) Prevent additional development in the area.

6E-B Lands included. (a) Except as provided in subsection (b), the following lands shall be included in the south Kona wilderness area:

(1) Honomalino: All lands from the shoreline to six thousand feet inland;

(2) Okoe: All lands from the shoreline to six thousand feet inland. The Honomalino and Okoe sections include approximately one thousand four hundred fifty-eight acres;

(3) Kapua: All lands from the shoreline and going mauka, designated as lots D-2-1 to D-2-4 in the county of Hawaii, planning department, final subdivision approval number 7625, a portion of which is currently included within the conservation district, which lands include approximately seven thousand seven hundred eighty acres;

(4) Kaulanamauna: All lands from the shoreline to the Manuka natural area reserve boundary; and

(5) Manuka: All lands from the shoreline to the Manuka natural area reserve boundary.

(b) Any parcel of land included in subsection (a) upon which there is a dwelling house as of July 1, 2011, together with any outbuildings forming a part of the residential complex, shall be excluded from the south Kona wilderness area.

6E-C Construction prohibited. No new homes or other structures shall be constructed within one thousand feet of the shoreline within the south Kona wilderness area, except as follows:

(1) Structures built by the department for the purpose of managing the area;

(2) Repairs to existing structures pursuant to rules adopted by the department under chapter 91; and

(3) Construction of one dwelling with a footprint no larger than one thousand square feet by a private landowner if the existing rules permit the construction;

provided that no land shall be subdivided within the area; provided further that no owner shall be permitted to consolidate and resubdivide lots within the area if this subdivision would increase the number of buildable lots.

6E-D Land acquisition. The department may acquire any private lands included in the lands described in section 6E-B(a) by donation or by a value-for-value exchange of other state lands; provided that, notwithstanding section 171-50, the costs associated with any appraisal, including that of the public land, shall be borne by the owner of the private land in the exchange transaction or by private funds, grants, or contributions.

6E-E Designation of lands within the conservation district. All lands described in section 6E-B(a) shall be classified as lands within the conservation district as described in section 205-2 without the necessity of any proceedings before the land use commission.

6E-F Management plan. The department, in cooperation with appropriate county, state, and federal agencies; the aha kiole advisory committee, established pursuant to Act 212, Session Laws of Hawaii 2007; and Paa Pono Milolii, a Hawaii nonprofit corporation; shall develop a comprehensive management plan for the:

(1) Preservation and protection of the historic sites;

(2) Protection of native species; and

(3) Recreational uses,

of the south Kona wilderness area."

PART II

SECTION 3. The legislature finds that West Oahu is rich and abundant in historical sites from different periods and significant in Hawaii's culture and history.

A pre-dawn air raid on the Marine Corps Air Field in Ewa and Fort Barrette in Kapolei on the morning of December 7, 1941 was one of the very first acts that precipitated the entrance of the United States into World War II. One still-existing military bunker and its connecting roads Guadalcanal, Roosevelt, Ranger, and Coral Sea remain as a testament to Hawaii's strong military heritage.

The Honouliuli internment camp was situated north of the H‑1 freeway in Kunia. One of five such camps in Hawaii, its one hundred sixty acres, isolated in a deep gulch, were set up to hold up to three thousand internees. Mainland archeologist Jeff Burton, an expert on Japanese American internment, concluded that the Honouliuli internment camp may be eligible for listing on the national register of historic places.

Native Hawaiian religious and cultural specialists have long held that the Ewa plain and coastline contain burial and religious sites sacred to native Hawaiians. Remnants of old native Hawaiian activity, settlements, and living can be found throughout the region. Native Hawaiians say that the area is the resting ground of seven alii including the last king of Maui and Oahu before Kamehameha the Great. Part of Fort Barrette road is on an extinct dormant volcano shield known as Puu o Kapolei and is built on the ancient trail named in honor of Kualakai, the chief who brought ulu to the region. Kualakai was a leader whose many accomplishments benefitted the Hawaiian people who lived in the Ewa region.

Hawaii's grand role in the worldwide sugar industry literally has roots in Ewa's fertile farmlands. The Ewa sugar plantation, Ewa villages, and old Waipahu sugar mill are remnants of a golden age gone by. The Waipahu plantation village is a re-creation of the lifestyle and homes of the former plantation days. The colonial style plantation manager's mansion in Ewa was placed on the national register of historic places. The cultural richness and Asian-Pacific blending in our islands are the direct result of all of the laborers brought from overseas to work in the fields and live in plantation housing. The last remaining segment of the Oahu Railway and Land Company, the old train and railroad that carried people and prized agricultural products to the harbor in Honolulu, is preserved in Ewa and is now on the national register of historic places.

These and other areas from the Ewa coastline sweeping up to the Waianae range and Kunia are historical markers in Hawaii's history and should be preserved where possible. As necessary development for our growing population continues in the region, the important history of West Oahu must not be forgotten.

The purpose of this part is to establish a historical district designation to recognize the historical and cultural significance of certain areas of the state and to establish the West Oahu historical district as one such district.

SECTION 4. Chapter 6E, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART      . HISTORICAL DISTRICTS

6E-G Historical district designation. (a) The legislature may designate a contiguous geographical area in the State as a historical district. The designation shall be for honorary purposes to recognize the historical and cultural significance of that area to Hawaii.

(b) The department of land and natural resources may collaborate with interested parties to preserve historic property and other historically significant sites within a historical district and promote the historical district for educational, tourism, and economic purposes.

(c) This section shall not affect any laws relating to land use, zoning, development, permitting, or building codes.

6E-H West Oahu historical district. The Ewa plain in West Oahu, generally referring to the area from Kapolei to Waipahu and including Ko Olina, Kalaeloa, and the Ewa marina, shall be designated as the West Oahu historical district."

PART III

SECTION 5. In codifying the new sections added by sections 2 and 4 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. This Act shall take effect on July 1, 2030.

 



 

Report Title:

South Kona Wilderness Area; West Oahu Historical District

 

Description:

Part I establishes the South Kona Wilderness Area to be administered by the department of land and natural resources; part II authorizes the legislature to designate a contiguous geographical area in the State as a historical district, and establishes the West Oahu historical district. Effective July 1, 2030. (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.