SB1154 SD1.DOC

SECTION 1. The legislature finds that the concept of a wilderness park 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 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area and provided for the development of a comprehensive management plan for the area; however, Act 59 was subsequently repealed on December 31, 2007, by Act 215, Session Laws of Hawaii 2006.

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, 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 home sites, 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 about one thousand four hundred fifty-eight 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 included within the conservation district, which lands include about seven thousand seven hundred eighty acres;

(4) Kaulanamauna: All lands from the shoreline to the Manuka natural area reserve boundary; and

(5) Manuka: All lands from the shoreline to the Manuka natural area reserve boundary.

(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. No new homes or other structures shall be constructed within one thousand feet of the shoreline within 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 with a footprint no larger than one thousand square feet by a private landowner if the existing rules permit the construction;

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

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

§6E-E Designation of lands within the conservation district. All 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."

SECTION 3. In codifying the new sections added by section 2 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 4. This Act shall take effect on July 1, 2011.

THE SENATE	S.B. NO.	1154
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII