HOUSE OF REPRESENTATIVES

H.B. NO.

620

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE KAHO‘OLAWE ISLAND RESERVE COMMISSION.

 

 

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

 


     SECTION 1.  As stated in Act 340, Session Laws of Hawaii 1993, the legislature found that the island of Kaho‘olawe was of significant cultural and historic importance to the native people of Hawaii.  The legislature also found that, due to extensive erosion and other ecological problems, the presence of unexploded ordnance, the existence of archaeological and other cultural and historic sites, and the presence of native and endangered flora and fauna, a new management regime was needed to effectively meet the unique challenges of restoring, preserving, and determining the appropriate use of Kaho‘olawe.

     Act 161, Session Laws of Hawaii 1994, established the Kaho‘olawe rehabilitation trust fund, codified as section 6K-9.5. Hawaii Revised Statutes, to supplement federal funds for the cleanup of unexploded ordnance on Kaho‘olawe.  Although it was a considerable amount, the federal appropriation totaling approximately $44,000,000 over a period of several years was not substantial enough to establish a sustainable endowment for the long-term restoration of Kaho‘olawe.

     As stated in the federally mandated Kaho‘olawe island conveyance commission final report to Congress in 1993, "In the short term, federal funds will provide the bulk of the program support for specific soil conservation projects and related activities.  In the longer term, however, state revenues will be needed to continue and enhance those activities initiated with federal funds."  For over twenty years, federal funding has allowed the Kaho‘olawe island reserve commission to establish many innovative programs that emphasize ancestral and traditional knowledge, use a cultural approach of respect for and connectivity to the environment, and integrate ancient and modern resource-management techniques.

     On May 9, 1994, the management and control of the Kaho‘olawe island reserve was transferred from the United States Navy to the State of Hawaii, with the Kaho‘olawe island reserve commission as the state agency designated to oversee the use and restoration of the reserve.  During the past ten years, the Kaho‘olawe island reserve commission has been able to develop innovative restoration projects that are effective in the extremely harsh conditions of Kaho‘olawe and will serve as the foundation for the future restoration of the island.

     A fiscal audit of the Kaho‘olawe rehabilitation trust fund performed by the office of the auditor in 2013 (Auditor Report No. 13-06) reported two key findings.  First, and more importantly, the trust fund will be depleted by 2016.  Second, the Kaho‘olawe island reserve commission lacks a comprehensive and quantifiable restoration plan with performance measures to gauge whether objectives are being met.

     Also in 2013, the Kaho‘olawe island reserve commission embarked on the development of a 2026 strategic plan for Kaho‘olawe, marking fifty years of occupation of Kaho‘olawe by the people of Hawaii and laying out a pathway for the future use and management of the Kaho‘olawe island reserve.  After a two-year effort that engaged Hawaii's residents through numerous community meetings and focus-group sessions held on multiple occasions on each of the islands, the multi-organizational Kaho‘olawe strategic planning working group developed an island-wide, community-based strategic plan, entitled "I Ola Kanaloa", or "Life to Kanaloa", that addresses the future restoration, management, and uses of Kaho‘olawe for the State, the people of Hawaii, and a possible future sovereign Native Hawaiian entity.  Pursuant to section 6K-9, Hawaii Revised Statutes, the management and control of the Kaho‘olawe island reserve will be transferred to a sovereign Native Hawaiian entity upon its recognition by the United States and the State of Hawaii.  This event is anticipated to occur within the timeframe of the 2026 strategic plan.

     Without additional funding, the Kaho‘olawe island reserve commission will not be able to continue its innovative management regime.  The Kaho‘olawe island reserve commission's management and control of Kaho‘olawe is restoring the ecological damage on Kaho‘olawe and protecting its endangered and rare flora and fauna, and is also ensuring that the people of Hawaii who visit the Kaho‘olawe island reserve can do so meaningfully and safely.

     The purpose of this Act is to provide funds to the department of land and natural resources for the Kaho‘olawe island reserve commission to effectively meet the unique challenges of restoring, preserving, and determining the appropriate uses of the Kaho‘olawe island reserve for the people of Hawaii.

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 to fund nineteen full-time equivalent (19.00 FTE) permanent positions in natural and physical environment (LNR906) for the Kaho‘olawe island reserve commission.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 to promote water sustainability, photovoltaic powered desalinization, and general operations of the Kaho‘olawe island reserve commission on the island of Kaho‘olawe.

     The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 4.  This Act shall take effect on July 1, 2017.



 

Report Title:

Kaho‘olawe Island Reserve Commission; Appropriation

 

Description:

Appropriates funds to support the Kaho‘olawe Island Reserve Commission.  (SD1)

 

 

 

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