HB324 SD2.DOC

PART I

SECTION 1. The legislature finds that the idea 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 limited development and 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area and provided for the development of a comprehensive management plan for the area; however, Act 59 was subsequently repealed on December 31, 2007, pursuant to Act 215, Session Laws of Hawaii 2006.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, 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 access for recreational purposes, such as fishing, swimming, camping, 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 1,458 acres;

(3) Kapu‘a: 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 within the conservation district, which lands include approximately 7,780 acres;

(4) Kaulanamauna: Extension of the Manuka natural area reserve boundary to the shoreline; and

(5) Manuka: Extension of the Manuka natural area reserve boundary to the shoreline.

(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. (a) No new homes or other structures shall be constructed within one thousand feet of the shoreline within the publicly-owned lands in 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 by a private landowner if the existing rules permit the construction;

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

(b) All privately-owned lands described in section 6E-B(a) in the south Kona wilderness area shall be exempt from this section.

§6E-D Land acquisition. The department may acquire any private lands included in the lands described in section 6E-B(a) for cash through condemnation; provided that, notwithstanding section 171-50, the costs associated with any appraisal, including that of the public land, shall be borne by the State or by private funds, grants, or contributions.

§6E-E Designation of lands within the conservation district. All publicly-owned 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. All privately-owned lands described in section 6E-B(a) shall be exempt from this section."

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 ali‘i 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 Kualaka‘i, the chief who brought ulu to the region. Kualaka‘i 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 Pearl Harbor-Honouliuli 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-F 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.

§6E-G Pearl Harbor-Honouliuli historical district. The Ewa plain in West Oahu, referring to the area including and bounded by Pearl Harbor in the east, to the Marine Corps Air Station Ewa Field in the west, to the Honouliuli Internment Camp in the north, including the area in which the Arizona Memorial Pacific Aviation Museum is located, shall be designated as the Pearl Harbor-Honouliuli 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; provided that Part I shall be repealed on June 30, 2032.

HOUSE OF REPRESENTATIVES	H.B. NO.	324
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 2
STATE OF HAWAII		S.D. 2