WHEREAS, in December of 1985, the State of Hawaii exchanged approximately 27,800 acres of ceded lands, once part of the Kingdom of Hawaii, that included the Wao Kele 'o Puna Natural Area Reserve and other Puna lands on the island of Hawaii for approximately 25,800 acres of land at Kahauale'a then owned by the Estate of James Campbell; and

WHEREAS, in the case of Pele Defense Fund v. Estate of James Campbell, et al., in the Hawaii Third Circuit Court, the Plaintiff, Pele Defense Fund, challenged the land exchange and asserted claims to important native Hawaiian rights based on traditional access and gathering practices of native Hawaiians in the Puna region, and relating to traditional uses of Wao Kele 'o Puna; and

WHEREAS, the Hawaii Supreme Court held in Pele Defense Fund v. Paty, 73 Haw. 578, 837 P.2d 1247 (1992), that although the Pele Defense Fund could not contest the transfer of public ceded lands exchanged for Kahauale'a, it could litigate the extent to which Hawaiians retained rights customarily and traditionally exercised for subsistence, cultural an religious purposes in Wao Kele 'o Puna; and

WHEREAS, Pele Defense Fund’s Wao Kele 'o Puna litigation was remanded by the Supreme Court for trial on whether those traditional access and gathering practices of native Hawaiians in Wao Kele 'o Puna must be legally protected; and

WHEREAS, prior to and during this litigation, certain permits were issued by regulatory agencies of the State of Hawaii for geothermal development activities in Wao Kele 'o Puna; and

WHEREAS, geothermal development activities were conducted in Wao Kele 'o Puna, including the building of roads, the clearing of a development site, and creation of geothermal waste holding ponds and the drilling of one or more exploratory geothermal wells at the development site; and

WHEREAS, the Estate of James Campbell and True Geothermal Energy Company were obligated by the permits issued by agencies of the State of Hawaii to conduct certain remedial activities in regard to their permitted geothermal activities; and

WHEREAS, the Estate of James Campbell and True Geothermal Energy Company, a Wyoming general partnership, has abandoned its plans to develop geothermal energy in Wao Kele 'o Puna; and

WHEREAS, the remedial activities required by the permits issued by agencies of the State of Hawaii have not been completed; and

WHEREAS, Wao Kele 'o Puna was originally designated a Natural Area Reserve because it is possessed of certain unique and valuable ecological resources and values that are worthy of and particularly merit protection and preservation; and

WHEREAS, the unique biota of Wao Kele 'o Puna includes endangered species that are threatened by invasive alien species, including alien species that have occupied road and developed areas used in geothermal exploration; and

WHEREAS, the character of Wao Kele 'o Puna includes traditional uses, Hawaiian burial sites and underground lava tubes that are uniquely specific to the rain forest and would inhibit and make inappropriate commercial development or uses; and

WHEREAS, the Estate of James Campbell now wishes to dispose of certain non-income producing lands it owns, including the lands in Puna known as Wao Kele 'o Puna and Kahauale'a; and

WHEREAS, certain nonprofit groups have expressed interest in purchasing Wao Kele 'o Puna for the purpose of preserving the land, and protecting its ecology and the traditional uses associated therewith; and

WHEREAS, preservation and protection of Wao Kele 'o Puna is in the public interest of the people of the County of Hawaii and the State of Hawaii; and

WHEREAS, the Legislature wishes to be on record as supporting the preservation and protection of Wao Kele 'o Puna; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, that this body supports the acquisition of Wao Kele 'o Puna by an appropriate non-profit entity working in consultation with the Pele Defense Fund, for purposes of preservation and protection; and

BE IT FURTHER RESOLVED that government officials and agencies of the State of Hawaii and the Hawaii County are encouraged to support the effort by conservation groups working in consultation with the Pele Defense Fund to acquire Wao Kele 'o Puna, since the State views this acquisition as a high priority that will promote state interests, the general welfare, and state goals to protect important conservation lands; and

BE IT FURTHER RESOLVED that the Legislature recommends and urges government officials and agencies of the State and Hawaii County to also support the effort by interested conservation groups working in consultation with the Pele Defense Fund to acquire Wao Kele 'o Puna, including such supportive legislative action as may be appropriate; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor of Hawaii, Mayor of Hawaii County, Native Hawaiian Legal Corporation, and Estate of James Campbell.

Report Title:

Support for Acquisition of Wao Kele O Puna