PD BACKGROUND REPORT (PL-PDI-2022-000004)

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agricultural values including the property's forests and timberland resources contribute to the scenic and greenbelt qualities of the larger Kona region. Preservation of these scenic qualities provides a significant public benefit and will preserve the Protected Property's scenic value and existing natural resources including, but not limited to, native species populations; ohia, koa, mamane, sandalwood and mamaki and various other mixed forest types; ecosystem habitat for threatened and endangered species; as well as important geological features found on the property. Removal of development rights from the Protected Property preserves the open space values including reducing potential congestion on local roads and highways that would result from residential development of the property. a. Recreational, Research and Educational Values — The Protected Property's recreational and research values contribute to the overall access to recreational opportunities in the State and to the availability of locations and land types needed to expand the knowledge base on Hawaiian ecosystems, geologic features, historic ranching practices and restoration practices. The Protected Property's roads and trails, camping areas, archeological and culturally important features, and unique research opportunities, including, but not limited to human, animal and ecosystem perspectives are an important public benefit for the State and the Protected Property. The parties recognize that access to the Protected Property for these values is best achieved through facilitated and controlled means, in order to facilitate the protection of the other Conservation Values. The Conservation Values of the Protected Property are further documented in an inventory of relevant features of the Protected Property "Baseline Documentation." The Baseline Documentation, which has been reviewed and accepted by Grantor and Grantee, consists of reports, maps, photographs, and other documentation that collectively provide an accurate representation of the Protected Property at the time of the execution of this Easement and which is intended to serve as an objective informational baseline for monitoring compliance with the terms of this Easement. E. Furthermore, the clearly delineated open space conservation goals and objectives as stated in the Forest Legacy Program pursuant to Section 1217 of Title XII of the Food, Agriculture, Conservation and Trade Act of 1990 (16 U.S.C. § 2103C), which was created "to protect environmentally important private forest lands threatened with conversion to non - forest uses" are represented by the Conservation Values and Purpose (as defined in Section 1 below) protected by this Easement. This project ranked high in the national selection process for the Forest Legacy Program when it was funded by the U.S. Forest Service. Given that this Easement and its purpose represent the advancement of the goals, objectives and purposes of the Hawaii Forest Legacy Program, that Program has awarded a grant for the partial purchase of this Easement through the U.S. Forest Service Forest Legacy Program. The grant was made available in two phases, the first phase including 3,882.79 acres, the second phase including 5,135.18 acres. For convenience in future monitoring and simplicity of documentation, the parties have chosen to incorporate both phases in this single easement. HRS Chapter 198 provides that any public body and any organization which qualifies for and holds an income tax exemption under section 501(c)(3) of the Federal Internal Revenue Code of 1986, as amended, and whose organizational purposes are designed to facilitate the purposes of HRS Chapter 198, may acquire and hold conservation easements by purchase, agreement, donation, devise, or bequest. F. Grantee is a public body qualified to hold a conservation easement under chapter 198. , 419699_i.DOC 3 PRELIM. APPR`D. Dapartmenl ad the Attorney Gewaral