HB1509

Report Title:

South Kona Wilderness Area

Description:

Establishes the South Kona wilderness area to be administered by the department of land and natural resources. Provides for the development of a comprehensive management plan for the area. Appropriates funds.

HOUSE OF REPRESENTATIVES	H.B. NO.	1509
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII

A BILL FOR AN ACT

relating to historic preservation.

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

SECTION 1. Findings and purpose. Senate concurrent resolution no. 140, S.D. 1, adopted by the twenty-first legislature, regular session of 2001, directed the department of land and natural resources to work with Pa`a Pono Milolii and other interested parties to renew the plan to create a state park and nature reserve with minimum improvements but preserving the significant archeological sites in the area designated in the resolution within the ahupua`a of Honomalino, Okoe, Kapu`a, Kaulanamauna, and Manuka in the districts of South Kona and Ka`u, county of Hawaii.

The department of land and natural resources submitted a report to the twenty-first legislature, regular session of 2002, in December 2001. The report identified the areas proposed to be included within the park, summarized the status and existing conditions, discussed access and infrastructure, and summarized the issues and recommendations.

The purpose of this Act 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, to provide a framework for management of the wilderness area, and to provide for initial funding for 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 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, and historical aspects of the lands covered herein and for the following other purposes:

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

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

(3) To provide for a wilderness area with minimal manmade structures;

(4) To permit limited access for recreational purposes, such as fishing, swimming, camping, and exploration; and

(5) To 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 1,750 feet inland;

(2) Okoe: All lands from the shoreline to 6,000 feet inland. The Honomalino and Okoe sections include about 1,458 acres;

(3) Kapu`a: All lands from the shoreline and going mauka and that are currently included within the conservation district, which lands include about 425 acres;

(4) Kaulanamauna: All lands from the shoreline to the forest reserve boundary, which includes about 870 acres; and

(5) Manuka: All lands from the shoreline to the forest reserve boundary, which includes about 11,810 acres.

(b) Any parcel of land included in subsection (a) upon which there is a dwelling house as of July 1, 2003, together with any outbuildings forming a part of the residential complex, shall be excluded from the South Kona wilderness area.

§6E-C Management plan. The department, in cooperation with appropriate county, state, and federal agencies, shall develop a comprehensive management plan for the preservation and protection of the historic sites, for the protection of native species, and for the recreational uses of the South Kona wilderness area. The department shall be authorized and encouraged to contract out the development of the plan and the management of the South Kona wilderness area to non-profit organizations interested in attaining the purposes of this part, such as Pa`a Pono Milolii.

§6E-D 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 for structures as shall be necessary for the department to manage the area. The department shall be authorized to adopt rules pursuant to chapter 91 to permit necessary repairs to existing structures within the South Kona wilderness area.

§6E-E Land acquisition. The department shall develop a plan for acquisition of any private lands included in the lands described in section 6E-B(a).

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

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 2003-2004, and the same sum, or so much thereof as may be necessary for fiscal year 2004-2005, to carry out the provisions of this Act.

SECTION 4. The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. In codifying the new sections added by section 1 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, 2003.

INTRODUCED BY:	_____________________________