Requires the City and County of Honolulu to transfer to the State a parcel of pristine wetlands known as Kawai Nui Marsh effective September 1, 2006; transfers another parcel of Kawai Nui Marsh to the State. (HB3056 HD1)

A BILL FOR AN ACT

SECTION 1. Kawai Nui Marsh, encompassing approximately eight hundred thirty acres of land in Kailua, Oahu, is the State’s largest remaining wetland and an ecological treasure. It has been identified by the United States Fish and Wildlife Service as a primary habitat for endemic and endangered native Hawaiian birds. Last year, the Ramsar Convention on Wetlands designated Kawai Nui Marsh a wetland of international importance.

Act 314, Session Laws of Hawaii 1990, directed the transfer of that certain parcel bearing tax map key number 4-2-16:1 to the State that is owned by the city and county of Honolulu and encompasses the bulk of Kawai Nui Marsh. Both the city and county of Honolulu and the State own other parcels that are part of the wetlands ecosystem of Kawai Nui Marsh.

Since Act 314 was passed, the State and city and county of Honolulu have disputed their respective management responsibilities of Kawai Nui Marsh. This dispute has delayed restoration and rehabilitation of the marsh to the point where the continued health of the marsh to support its native wildlife population is in crisis. It is in the public interest that the State immediately take over primary responsibility for the economic, ecological, and cultural resources of Kawai Nui Marsh to preserve the marsh in perpetuity for Hawaii’s residents. Federal funding is available to the State to carry out this responsibility and the funding opportunities could be lost if the dispute between the State and city and county of Honolulu is not resolved.

The purpose of this Act is to transfer from the city and county of Honolulu to the State tax map key parcel number 4-2-16:1 effective September 1, 2006, and to transfer an additional parcel of Kawai Nui Marsh to enable the State to meet its responsibilities to preserve this important wetland.

SECTION 2. Act 314, Session Laws of Hawaii 1990, as amended by Act 47, Session Laws of Hawaii 1998, is amended by amending section 1 to read as follows:

"SECTION 1. The estate, right, title, and interest, and any appurtenance thereto, of the city and county of Honolulu relating to [Kawainui Marsh,] Kawai Nui Marsh, tax map key no. 4—2—16:1, [lot 2-b,] less the area makai of the boundary defined as five feet from the toe of the Coconut Grove side of the flood control levee, beginning at the Oneawa [Canal] canal and ending at the State-owned parcel identified by tax map key number 4-2-16:02, lot A[,] and the levee system that runs from Kailua road to the Oneawa canal, shall be vested in the State in fee simple [; provided that the city and county of Honolulu and the United States Army Corps of Engineers shall have first completed all pending flood control projects for Kawainui Marsh to the satisfaction of the department of land and natural resources; provided further that at the time of the transfer of Kawainui Marsh to the State, the State shall enter into any required eperation or maintenance agreements, or both, with the United States Army Corps of Engineers].

[Pending the completion of the transfer of Kawainui March to the State, the State and the city and county of Honolulu shall enter into a management lease, licence agreement, or other similar agreement to enable the department of land and natural resources, on behalf of the State, to manage the economic, ecoleqica1, and cultural resources of Kawainui Marsh as provided in the 1983 Kawainui March resource management plan. The lease or agreement shall provide for the notification of the city and county of Honolulu of any undertaking relating to the operation and maintenance of Kawanui Marsh and allow the city and county of Honolulu the opportunity for review of the effect of the proposed undertaking.]"

SECTION 3. The estate, right, title, and interest, and any appurtenance thereto, of the city and county of Honolulu relating to Kawai Nui Marsh, tax map key no. 4-2-13:22, shall be vested in the State in fee simple.

SECTION 4. Nothing in this Act prohibits the State and city and county of Honolulu from entering into an agreement for maintenance or operations of any part of Kawai Nui Marsh. Nothing in this Act requires the State to maintain any flood control program relating to Kawai Nui Marsh.

SECTION 5. In the event that a dispute arises between the State and the city and county of Honolulu over the transfer of the parcels identified in sections 2 and 3 of this Act, the State shall have an easement in perpetuity over those parcels for the purpose of permitting the department of land and natural resources to manage the economic, ecological, and cultural resources of Kawai Nui Marsh, including any restoration and rehabilitation program.

SECTION 6. All land transfers shall be completed no later than September 1, 2006.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $1 or so much thereof as may be necessary for fiscal year 2006—2007 for payment to the city and county of Honolulu for maintenance and operations of a portion of the Kawai Nui Marsh as agreed upon by the parties.

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

SECTION 8. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval; provided that section 7 shall take effect on July 1, 2006.