Bill Text: HI HB455 | 2019 | Regular Session | Amended

Hawaii House Bill 455 (Prior Session Legislation)

Bill Title: Relating To The Kahoolawe Island Reserve Commission.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2019-03-15 - Report adopted; Passed Second Reading and referred to WAM. [HB455 Detail]

Download: Hawaii-2019-HB455-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	455
THIRTIETH LEGISLATURE, 2019		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE KAHOOLAWE ISLAND RESERVE COMMISSION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. In Act 340, Session Laws of Hawaii 1993, the legislature recognized the significant cultural and historic importance of the island of Kahoolawe to the native people of Hawaii. The legislature also found that due to extensive erosion and other ecological problems, the presence of unexploded ordnance, the existence of archaeological and other cultural and historic sites, and the presence of native and endangered flora and fauna, a new management regime was needed to effectively meet the unique challenges of restoring, preserving, and determining the appropriate use of Kahoolawe.

The Kahoolawe island reserve commission was primarily funded by a dwindling trust fund created in 1994 during the federal cleanup of unexploded ordnance on Kahoolawe. Although it was a considerable amount, the federal appropriations, totaling approximately $44,000,000 and distributed over a period of several years, were not substantial enough to establish a sustainable endowment for the long-term restoration of Kahoolawe.

As stated in the federally-mandated Kahoolawe island conveyance commission final report to Congress in 1993, "[i]n the short term, federal funds will provide the bulk of the program support for specific soil conservation projects and related activities. In the longer term, however, state revenues will be needed to continue and enhance those activities initiated with federal funds." From 1994 until 2016, federal funding allowed the Kahoolawe island reserve commission to establish many innovative programs that emphasize ancestral and traditional knowledge, use a cultural approach of respect for and connectivity to the environment, and integrate ancient and modern resource management techniques.

In 2004, the management and control of the Kahoolawe island reserve was transferred from the United States Navy to the State of Hawaii, with the Kahoolawe island reserve commission designated as the state entity tasked with overseeing the use and restoration of the reserve. Over the past fifteen years, the Kahoolawe island reserve commission has been able to develop innovative restoration projects that are effective in the extremely harsh conditions of Kahoolawe and serve as the foundation for the further restoration of the island.

A fiscal audit of the Kahoolawe rehabilitation trust fund performed by the State auditor in 2013 reported two key findings. First, and more importantly, the auditor reported that the trust fund would be depleted by 2016. Second, the auditor reported that the Kahoolawe island reserve commission lacks a comprehensive and quantifiable restoration plan with performance measures to gauge whether objectives are being met. In 2013, the Kahoolawe island reserve commission began developing a strategic plan for Kahoolawe, mapping out specific goals and objectives for the future use and management of Kahoolawe through the year 2026. After a two-year effort that engaged residents of the state through numerous community meetings and focus group sessions held on multiple occasions on each of the islands, the multi-organizational Kahoolawe strategic planning working group developed an island-wide, community-based strategic plan, entitled "I Ola Kanaloa", or "Life to Kanaloa", that addresses the future restoration, management, and uses of Kahoolawe for the State, the people of Hawaii, and a possible future sovereign native Hawaiian entity.

Act 49, Session Laws of Hawaii 2017, appropriated general funds for fifteen positions for fiscal years 2017-2018 and 2018-2019 to allow the Kahoolawe island reserve commission to continue its mission in the near term. The funds appropriated were only enough to support staffing, Maui-based facilities, and limited Maui-based operations. Limited additional funding provided in Act 140, Session Laws of Hawaii 2018, restored the cultural resource project coordinator position and provided additional general funds for Kahoolawe island safety and operations. The funding has allowed the Kahoolawe island reserve commission to make great strides in the restoration of Kahoolawe's natural and cultural resources. However, in order to protect the accomplishments already made and continue forward, additional funding is needed to support Kahoolawe island operations, safety, and infrastructure, including the restoration of two critical positions: Kahoolawe island reserve specialist II and Kahoolawe island reserve specialist III. These positions are necessary to support safety functions, logistical functions, and on-island restoration efforts and sustainability field projects. Persons serving in these positions also serve as boat crew while on Kahoolawe island reserve commission vessels.

Pursuant to section 6K-9, Hawaii Revised Statutes, the management and control of the Kahoolawe island reserve will be transferred to a sovereign native Hawaiian entity upon its recognition by the State and the federal government. This event is anticipated to occur within the timeframe of the 2026 strategic plan. Without additional funding, the Kahoolawe island reserve commission will not be able to continue its innovative management regime. The Kahoolawe island reserve commission's management and control of Kahoolawe is not only restoring the ecological damage on Kahoolawe and protecting its endangered and rare flora and fauna, it is also ensuring that the people of Hawaii who access the Kahoolawe island reserve can do so meaningfully and safely.

Accordingly, the purpose of this Act is to provide funds to the department of land and natural resources for the Kahoolawe island reserve commission to effectively meet the unique challenges of restoring, preserving, and determining the appropriate uses of the Kahoolawe island reserve for the people of Hawaii.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 to support the Kahoolawe island reserve commission (LNR906) in effectively meeting the unique challenges of restoring, preserving, and determining the appropriate uses of the Kahoolawe island reserve for the people of Hawaii pursuant to section 1 of this Act.

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

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for two full-time equivalent (2.0 FTE) permanent positions for the Kahoolawe island reserve commission (LNR906).

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

SECTION 4. This Act shall take effect on July 1, 2050.

Report Title:

DLNR; Kahoolawe Island Reserve Commission; Appropriations

Description:

Appropriates funds to the Department of Land and Natural Resources for support of the Kahoolawe Island Reserve Commission, including 2 full-time equivalent (2.0 FTE) permanent positions. (HB455 HD1)

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