STAND. COM. REP. NO. 3706

Honolulu, Hawaii

RE: S.C.R. No. 54

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Hawaiian Affairs, Water and Land, and Transportation, to which was referred S.C.R. No. 54 entitled:

"SENATE CONCURRENT RESOLUTION STRONGLY URGING THE STATE OF HAWAI‘I AND THE COUNTY OF KAUA‘I TO PROTECT THE WAHI PANA OF WAIMAKAOHI‘IAKA AND THE TRADITIONAL AND CUSTOMARY PRACTICE OF MAKING THE SALT BEDS AND GATHERING PA‘AKAI (SALT) IN HANAPEPE, KAUA‘I FOR ALL FUTURE GENERATIONS,"

beg leave to report as follows:

The purpose and intent of this measure is to urge the Governor and County of Kaua‘i to protect the wahi pana of Waimakaohi‘iaka and the traditional and customary practice of making the salt beds and gathering pa‘akai in Hanapepe, Kaua‘i for all future generations, urge the Legislature to stand in solidarity with the Hui Hana Pa‘akai o Hanapēpē as protectors of the wahi pana, urge the Department of Transportation to order the relocations of operations of Smokey Mountain Helicopters, Inc. from Burns Field to the Līhu‘e Airport and close Port Allen Airport, urge the Department of Land and Natural Resources and the County of Kaua‘i to regulate, control, and enforce illegal beach access impacting the salt ponds, and urge the United States Environmental Protection Agency to investigate the use of an unpermitted restroom facility utilizing a cesspool at Burns Field by Smokey Mountain Helicopters.

Your Committees received testimony in support of this measure from the Office of Hawaiian Affairs, Association of Hawaiian Civic Clubs, Pono Hawai‘i Initiative, Eco-Tipping Points Project, Hawaii Seed, Hui Hana Pa‘akai O Hanapēpē, Moku O Manokalanipō, Kanaeokana – Kula Hawai‘i Network, Halau Ilima Ku Kahakai, Halau Ka Lei Mokihana O Leina‘ala, Prince Kūhiō Hawaiian Civic Club, Hale Pihana ka ‘Ikena, Kua‘āina Ulu ‘Auamo, and fifty individuals. Your Committees received testimony in opposition to this measure from one individual. Your Committees received comments on this measure from the Department of Transportation.

Your Committees find that Waimakaohi‘iaka, in the ‘ili of ‘Ukulā, in the ahupua‘a of Hanapēpē, in the moku of Kona or also known as the salt ponds of Hanapēpē is a wahi pana, a culturally significant sacred site specifically for the making of pa‘akai (salt), which has been traditionally cultivated and gathered by native Hawaiians since time immemorial. Waimakaohi‘iaka, is the only area in all of Hawai‘i that continues to make the salt beds and harvest pa‘akai using these traditional methods, which are passed generation to generation by native Hawaiian ‘ohana who are exercising their constitutionally protected traditional and customary salt-making knowledge and skills. Your Committees further find that the effects of nearby commercial activity, including the utilization of an unapproved cesspool for an unpermitted restroom by the Smokey Mountain Helicopters, Inc. has made the Waimakaohi‘iaka and the practice of cultivating and gathering of salt vulnerable. This measure will urge various government actions to take appropriate actions to protect the Waimakaohi‘iaka and preserve the traditional Hawaiian practice of cultivating and gathering salt for present and future generations.

Your Committees note the concerns of the Department of Transportation that the Port Allen Airport serves as an alternative airport during emergency situations if Līhu‘e Airport was to become inoperable and forcing an aeronautical tenant from Port Allen Airport would be discrimination against a class of economic activity and a violation of Federal Grant Assurance 22.

Your Committees have amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Hawaiian Affairs, Water and Land, and Transportation that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 54, as amended herein, and recommend its adoption in the form attached hereto as S.C.R. No. 54, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Hawaiian Affairs, Water and Land, and Transportation,

________________________________ KAIALI'I KAHELE, Chair	________________________________ MAILE S.L. SHIMABUKURO, Chair
	________________________________ LORRAINE R. INOUYE, Chair