HomeMy WebLinkAboutSTU.25-05 HER - Waiele 25 05
County of Hawaii
q OFFICIAL USE ONLY.•
Department of Finance
Property Management Division STU.25-_05
25 Aupuni Street, Suite 1101
Rcv,d: 9/3/2410:07a
'+ Hilo, HI 96720
Telephone: (808) 961-8069
Approved:
IIID 1111'181'011'11"'C''SII° 1, 2015 i o .14t iu�,,, 3(), 2016
DEADLINE TO FILE IS September 3, 2024, BY 4:30 PM
as evidenced by the County of Hawaii time clock (HST)
✓❑ Management Planning (see Instructions)
Maintenance Activities and Public Education (see Instructions)
STEWARDSHIP GRANT APPLICATION
Public Access, Open Space, and Natural Resources Preservation
Maintenance Fund
• Applications may be returned if instructions are not followed.
• Please use the tables provided. Do not substitute other formats or alter the application form.
• Fit responses in the fields provided and use additional pages, as needed.
• Attachments (i.e., maps, labeled photos illustrating your project activities, detailed budget narratives,
consultant proposals, etc.) can be included in addition to the required documents.
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A. NAME AND ADDRESS OF ORGANIZATION:
Hawai'i Environmental Restoration (HER)
PO Box 1028
Pahoa, HI 96778
B. PERSON TO CONTACT:
A �yo l'i req PPr^,u'irll Ekp'I; ]ipl; s o i 11u�11I Uv'I'l �yv' opl; �Fq,i Q,, '20'2 . l:'�F r���F�F°Ai 1Q1�:00 fvlx� lo '2:00
Yes F-1 No
If you checked no,please assign someone from your organization to attend with knowledge of the proposed
projects, budget costs, and provide an email address above.
FINAL 2025 Stewardship Grant Application,Page 1 of 13
25 05
C. PROJECT NAME (see Instructions):
(Maintenance) Ho'ohui No Wai'ele and (Management) Digitized Resource
Database--Implementation Phase
D. PROJECT LOCATION (Use TMKs. See Instructions)
3-1-4-003:003, 3-1-4-003:037
E. PROJECT COST (see Instructions):
For Management Planning For Maintenance Activities and Public Education
Amount Requested: $ 20,194.93 Amount Requested: $ 24,842.08
Applicant Share: $ 922.5o Applicant Share: $ 8,677.07
Other Resources: $ 945.00 Other Resources: $ 0.00
F. REQUIRED DOCUMENTS:
Non-profit 501 (c)(3), IRS Letter of Determination
Copy of Organization Bylaws and Mission Statement
DCCA Certificate of Vendor Compliance
ZLetter of Authorized Signer for Organization
G. CERTIFICATION:
The applicant shall secure all necessary approvals and permits from other affected federal, state, and county
agencies as necessary to comply with all applicable laws and regulations. This may require permits from the
Department ofLand and Natural Resources (DLNR) ifparcels are within the State Land Use Conservation
District or contain historic sites, burials, and/or sensitive natural or cultural resources. The applicant certifies
that the information contained in this application is true and correct to the best ofhis/her knowledge.
Name of Authorized Representative:
Title: Cindy Jaya Dupuis
Signed:
Cindy Jaya Dupuis Date: 08/29/2024
FINAL 2025 Stewardship Grant Application,Page 2 of 13
25 05
PROJECT PLAN
A. PROJECT NAME (see Instructions):
(Maintenance) Ho'ohui No Wai'ele and (Management) Digitized Resource
Database--Implementation Phase
B. PROJECT LOCATION (Use TMKs. See Instructions):
3-1-4-003:003, 3-1-4-003:037
C. IDENTIFY PERSONS AND ORGANIZATIONS WHOM YOU EXPECT WILL
PARTICIPATE IN THE PROPOSED PROJECT ACTIVITIES (see Instructions):
For"Ho'ohui No Wai'ele,"Diga(Geoffrey)Kern will be co-coordinator and primary field technician.Ann Kobsa and Jaya Dupuis will be invasive plant control consultants. Matthew
Roderick,Jasmine van den Heuvel,Kumsa Maphalala,Isaiah Kalaukoa,James Springer,and up to four others will be field technicians. Keone Kalawe will be lineal descendant
cultural advisor,in lieu of still-forming Wai'ele Advisory Council. An estimated fifty individual community volunteers will participate in cleanup events. Close coordination will continue
with Malama O Puna,501 c(3);the Koa e Community Association will provide its volunteer roster and promotion;and Hawaii Little Fire Ant Lab will continue to consult.
For"Digital Resource Database: Implementation Phase,"Ryan Perroy of LH Spatial Data Visualization and Analysis Lab is the primary contractor. His lab will coordinate with a
helicopter pilot,data collection field specialists,and a computer technician to assemble the package of deliverables. Diga Kern is project manager,and consultants are archaeologist
Lokelani Brandt,heiau architect Keone Kalawe,curriculum consultant Ilana Stout,and LH indigenous cropping systems expert Noa Lincoln. One Wai'ele-specific part-time GIS
technician/database Curator will be contracted with.
D. PROPOSAL AND PROJECT DESCRIPTION (Briefly describe the long-range goals)
for the property and the objectives o f your proposal for stewardship grant funding. See example
in Instructions)
What is the long-range goal or vision for the property?
HER and MOP share the the vision of active participation of descendants with ancestral ties,community residents,students from the
broader community,and the public working together to foster and maintain respectful public use,sustainable,traditional harvest of
renewable resources,and, most importantly,an ethic of responsible stewardship of this precious place. Our vision includes preserving
the area, largely unchanged,in perpetuity.
Due to development along our island's coastline and recent lava flows in lower Puna,there are few remaining areas of such intact
native/cultural forest and shoreline,and fewer still that are protected.Wai'ele is adjacent to Kahuwai,owned by Kamehameha
Schools/Bishop Estate(KSBE),which itself contains 4000 linear ft.of shoreline protected from development.The 2000 ft.of shoreline in
Wai'ele together with Kahuwai makes for over a mile of protected shoreline,with adjacent native/cultural coastal forest and preserved
archaeological features. Together with the adjacent Halepua'a Section of the Nanawale State Forest Reserve,these properties
represent over 1000 acres of protected lowland wet tropical forest. The one-lane Government Beach Road, lined with ancient mango
trees protected by the County Exceptional Tree Ordinance,connects these forests with the communities of Wa'awa'a, Koa'e,and the
wider world.
During the 2023-24 cycle, Malama O Puna facilitated meetings led by three native Hawaiian stakeholders(Keone Kalawe Leila Kealoha,
and lopa Maunakea)to develop a framework for selecting a steering committee to guide Wai'ele's long-term planning. The June 30,
2024, "Working Papers"that resulted from these meetings"represent ideas and approaches from a consortium of individuals and groups
engaged in attempts to steward lands that are of importance to our native Hawaiian population,are critical habitat for indigenous plant
and animal species,and which need to be preserved and managed in an inclusive way that draws in the expertise and energies of the
communities where these lands are situated." The template allocates decision-making positions to Kupuna, Makua, `Opio,scientific
community members,and neighbors/community members. It is our expectation that once completed,this template will be applied and a
dedicated Wai'ele Advisory Council will form,inheriting long range goal formation and visioning from MOP and HER.
FINAL 2025 Stewardship Grant Application,Page 3 of 13
25 05
What are the objectives of the proposed project? Choose only one category and use
additional pages as needed.
❑ Management Planning Maintenance Activities and Public Education
Ho'ohui No Wai'ele
For Ho'ohui No Wai'ele, HER aims to(i)keep the entire Wai'ele property free of Little Fire Ants, (ii)maintain and create footpaths for
preservation and conservation activities, (iii)transition the property to contain fewer aggressive invasive plants and more native/canoe plant
presence,(iv)plant appropriate native trees with protection from pigs,and(v)maintain 2500 feet of coastline debris-free,while substantially
reducing the amount of cannabis-growing debris within the 30 acre hau forest.
(i)Keep entire Wai'ele property free of Little Fire Ants
Early volunteer work(starting in 2022)plus Maintenance fund support(2023-25)have accomplished the rare goal of keeping Little Fire Ants from
penetrating this significant 157 acres of coastal natural resource. The LFA-free status of Wai'ele means that archaeologists,students,and
members of the community will be able to have immersive experiences of the'aina,without the head-to-toe coverings and aversive behavior that
has become all too common when venturing into lowland wet tropical forests in Hawaii these days.
This narrative reflects the planned transition to Tango gel bait buffers as the only nontoxic,permitted LFA insecticide system available for public
lands. (Of note,Tango was the bait deployed to successfully eradicate LFA from 175-acre Nahiku in Maui.) Diga Kern and/or a properly skilled
and trained replacement contractor will conduct the following activities along a total of 1791 feet of vulnerable property border at three locations.
From 7/1/2025-12/31/2025, HER will conclude the 12-month establishment of Tango gel bait buffers set to begin 1/1/2025. In accordance with
advice from Hawaii Ant Lab(HAL),during this period the Tango bait is used at a maximum rate,with arboreal/terrestrial application along both
sides of the buffer trail. During this period, LFA baiting will continue at a 6-week frequency and testing at a 12-week frequency. From
1/1/2025-6/30/2026, HER will begin ongoing maintenance of the gel bait buffers. During this period,testing continues at the same frequency,but
baiting frequency reduces by 50%.
From 7/1/2025-6/30/2026,the remaining roughly 7000 linear feet and 6000 ft2 of vulnerable boundary and high-use area will be tested every 16
weeks. No new discoveries of LFA are anticipated. Treatment of any new incursions or extensions of existing incursions is covered in the
contingency portion of the budget.
(ii) Maintain and create footpaths for preservation and conservation activities.
All footpaths are for pedestrian access only,and are established and maintained using hand tools only. Footpath routes are chosen to allow
technicians access to remove debris,reduce invasive species presence,test/treat for little fire ants,and comb the coastline for marine debris.
Best practices include zero cutting of native species,only judicious cutting of smaller canoe plant species limbs,and zero activities that would
potentially disturb cultural features. Existing border footpaths(5870 ft,biannually)and access footpaths(4630 ft,quarterly)will be regularly
maintained. Footpaths established between 9/4/2024 and 6/30/2025(estimated 1000 ft.,biannually)will be maintained. New footpaths
(estimated 1500 ft, biannually)will be created and maintained.
(iii)Transition property to contain fewer aggressive invasive plants and more native and canoe plant presence.
HER will continue to implement and refine its invasive plant control strategy developed since Feb 2023. This strategy combines the principles of
(1)systematic,thorough,and ongoing identification of species/colonies with aggressive area/population spreading profiles;(2)judicious
succession planning/planting to minimize invasive plant proliferation(e.g.,avoid removing too much shade without an effective plan for
occupying the newly exposed terrain with beneficial species);(3)balancing labor cost-effectiveness,soil impacts, location,and methodology in
selecting manual and/or herbicide control tactics;and(4)avoiding any potential impacts to cultural landscape features(e.g.felling a large tree
that might structurally alter a stone wall). Jaya Dupuis,Ann Kobsa,and Diga Kern will regularly observe,discuss,prioritize,and manage a team
of from 2 to 4 field technicians conducting the work once a month.
(iv)Plant appropriate native trees with protection from pigs.
Based upon their decades of experience primarily in the Nanawale and Keauohana State Forest Reserves,Jaya Dupuis and Ann Kobsa will
make determinations of locations where native trees may be planted,adding to the diversity and resilience of Wai'ele. Because feral pig is an
ongoing threat to the ecology and cultural features of Wai'ele, new plantings must be meticulously protected from pig damage. This will be
achieved by making use of re-purposed fencing and hardware clothe materials abandoned in the hau forest by past cannabis growers. In this
way,a small team will plant thirty trees from at least five species over the course of the year.
(v)Maintain 2500'of coastline debris-free;reduce amount of old cannabis-growing debris throughout 30 acre hau forest.
The beauty of the Wai'ele coastline is continuously marred by fresh deposits of flotsam and jetsam. HER will continue with the Koa'e tradition of
biannual coastal cleanups,most probably for the dates 12/31/2025 and 6/21/2026. Twenty-five individual volunteers are projected to participate
in each event,promoted through HER, MOP,and Koa'e Community Association networks. At each event,over 2500 feet of coastline will be
combed and at least 600#of marine debris collected and delivered to the transfer station,for a total of fifty volunteers and 1200#of debris.
Scouting forays will be conducted along the new inner hau forest footpath to identify and geo-mark significant accumulations of past
cannabis-growing debris. Every 3 months a group of 3 workers will collect and haul this debris to a concealed staging area where it can be
added to the marine debris removal truck. Pig protection materials will be staged for use as pig protection by the planting crew.
FINAL 2025 Stewardship Grant Application,Page 4 of 13
25 05
What are the objectives of the proposed project? Choose only one category and use
additional pages as needed.
�7 Management Planning ❑ Maintenance Activities and Public Education
Digitized Resource Database: Implementation Phase
For Digitized Resource Database: Implementation Phase,HER aims to(i)build and maintain a well-organized,up-to-date digital resource database,(ii)to
collect LIDAR and orthomosaic data sets of the property,migrating them as layers into the resource database,(iii)to share the resource knowledge with key
stakeholders,and(iv)to leverage place-and STEM-based learning outcomes for interns and local students.
(i)Continue building and maintenance of digital resource database.
During early 2024,botanical survey technician Will Stein established a GIS database for Wai'ele,in order to track transects,property boundaries,forest
composition,and invasive species. This database is a work-in-progress,but has already proven indispensable for locating corner pins,establishing fire ant
boundary footpaths,prioritizing invasive plant control,and generating specialized maps.
As part of the PONC-approved Digitized Resource Database: Development Phase,since 7/1/2024 strategy/research meetings have made the following
determinations:
• The free and open-source platform QGIS is sufficiently robust to handle migration of orthomosaic and LIDAR data sets. In addition,the host of free plugins
and responsive user community means that analysis,reporting,and student-friendly formatting are all available to the Wai'ele resource database project at no
cost.
• QGIS mobile promises to be a powerful field-based tool for orienteering,tracking discoveries,tracking work accomplished,management,prioritization,and
baseline generation. Available for free on technicians'smartphones,this tool can easily be incorporated into maintenance practices.
• a part-time GIS technician("Curator")will be required to migrate/geo-reference already existing data,migrate Implementation Phase data,and train
technicians/stakeholders/property managers how to use the digital tools.
Accordingly,HER proposes to contract with a part-time Curator for sixty-eight hours of technical work stewarding Wai'ele's digital resources according to the
values of uniformity,consistency,breadth,depth,and user-friendly accessibility. The Curator will accomplish migration and geo-referencing of existing data,
including relevant content from Leila Kealoha's Natural Resource Inventory currently under contract through Malama O Puna. In all this work,safeguarding of
sensitive cultural information is of primary importance,and immediate and ongoing consultation with lineal descendant Keone Kalawe and the Wai'ele Advisory
Council(when it forms)will ensure this value is met.
(ii)Collect LIDAR and orthomosaic data sets of the property and migrate
The Spatial Data Analysis and Visualization Lab of UH Hilo will be contracted to perform a helicopter-based data collection mission in January,2026. Of note is
that this is a very new technology,and that up to the present it has been impossible to penetrate thick canopies to map the terrain to such a fine resolution.
Recent SDAVL acquisition of the lidar system means PONC can avoid incurring a costly subcontract with USGS,resulting in a 50%reduction in price compared
to the original quote of 10/11/2023. Also of note is that the property boundary between Wai'ele and the adjacent property to the south(140030430000)runs
directly down the middle of the alanui i kahakai. The scope of the bid(attached)mentions this third,non-PONC TMK so that the imaging can(at negligible cost)
incorporate the complete and intact historic alanui i kahakai,referenced in a land grant of 1852 and eligible for participation in the Na Ala Hele program. Finally,
SDAVL has graciously committed to absorb any cost overruns or unanticipated fees that might occur,ensuring this project will complete within budget. The
work includes
•site visit and establishment of approximately 20 temporary ground control points across the site with survey-grade differential GPS base station and receivers,
• helicopter aerial survey of the site with a Yellowscan Voyager lidar system capable of penetrating through vegetation to generate geo-referenced 3D data
products at a resolution of 10 cm or better and a photogrammetric camera to generate geo-referenced optical data products,including an orthomosaic,at a
resolution of 3 cm or better,and
• data processing and delivery of individual photos,differential GPS point coordinates,orthomosaics,lidar and photogrammetric 3D point clouds,digital surface
models,bare earth digital elevation models,and other associated data and metadata(including processing and quality reports,error analysis,etc.)
During January and February,2026,the Wai'ele Resource Database Curator will work closely with SDAVL personnel,both on-site and at the desktop to effect a
comprehension migration and merging of all deliverables into the Wai'ele QGIS Resource Database.
(iii)Share resource knowledge with key stakeholders and field technicians
By this time in the project,the goal of assembling a powerful land management tool will have been accomplished. Over the course of February through June,
2026,a series of meetings will take place to share the digitized resource database with stakeholders. Project manager Diga Kern and the Curator will meet
with,at minimum,heiau architect and lineal descendant Keone Kalawe,archaeologist Lokelani Brandt,indigenous cropping systems expert Noa Lincoln,and
the Wai'ele Advisory Council if it has formed by that time. The purpose of the meetings will be to familiarize stakeholders with the breadth and depth of data
contained in the database,and to include training on how to navigate the database,if requested. Possible results of these meetings will include
• adjustments to maintenance activities to enhance the preservation,stabilization,or avoidance of identified cultural resources
• establishment of safeguarding protocols regarding sensitive cultural information contained in the database
• discussion of research initiatives or partnerships inspired by information in the database,such as including a UH Heritage Management candidate,teaming
with Niu Now to study the coconut population,studying planting pit'uala cultivation,etc.
• preliminary conversations about a comprehensive preservation and management plan
(iv)Leverage place-and STEM-based learning outcomes for interns and local students
This low-budget objective activates the potential of the digital resource database as a learning tool. Conversations will take place with several student
communities(Pahoa High and Elementary Schools,Kamehameha Schools,KUPU internship program,and Hawaii Academy of Arts and Sciences)to envision
STEM place-based programs incorporating specific layers of the resource database as a learning tool.
(See attachments for two letters-of-support and the SDAVL quote.)
FINAL 2025 Stewardship Grant Application,Page 5 of 13
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F. PERMITS/APPROVALS (See Instructions for examples of permits approvals. Remember
that it is the applicant's responsibility to comply with and secure all necessary approvals and
permits from federal, state, and county agencies as required.)
Do any of the proposed stewardship activities require any federal, state, or county permits
or approvals?
If yes, explain why. If not needed, explain why.
The entire Wai'ele properties exist within Hawaii County's Special Management Area, thus
requiring "all uses, activities or operations" to be assessed. HER will accordingly apply for a
Special Management Area Use Permit. A close reading of Chapter 205A (Coastal Zone
Management) indicates that all of the proposed uses, activities, or operations are outside the
definition of"development." However, because HER's "invasive vegetation removal or control"
strategy includes the use of herbicides, it is possible that activity may be determined an unpermitted
use. In that scenario, HER is prepared to adjust its tactics to exclude use of herbicide in the
removal of invasive vegetation.
A narrow strip of coastal Wai'ele is in the State Consevation District Resource Subzone. None of
the proposed uses of that area are mentioned in HAR§13-5-24, thus a permit is not required for
these uses.
As far as NEPA law, because conservation/preservation activities will be conducted using funds
that flow from the County, it is possible that a permit, approval, or exemption is required. Since all
PONC stewardship proposals share this concern, HER looks forward to PONC and Corporate
Counsel guidance on this matter.
Ryan Perroy of the UH Hilo SDAVL is extremely knowledgeable about helicopter and drone
regulations. He assures HER that no permits or licenses are necessary to conduct the data
collection flight.
FINAL 2025 Stewardship Grant Application,Page 8 of 13
25 05
G. MANAGEMENT/PRESERVATION PLANS REVIEWED (See Instructions. Use
additional pages as needed.)
1. Please elaborate on how the proposed project activities align with existing plans, if there
are existing plans.
HER is aware that certain activities which might have impacts on cultural resources at Wai'ele are prohibited
until an Archaeological Inventory Survey is conducted. The County has begun the procurement process to get
this accomplished and will prioritize completion. The current proposal reflects an awareness of these
requirements, and takes pains to conform to the County's parameters regarding prohibited activities.
In addition, it is important for current stewardship management to maintain awareness that the Wai'ele Advisory
Council, when formed, is the appropriate organ to decide about activities which may have adverse or
unforeseen impacts on the property. The absence of parking and bathroom facilities, and the weightiness of
such decisions, means that involvement of school groups as projected in the MOP 2023-24 Stewardship grant
is premature.
Thus, both HER projects for 2025-26 reflect an ethic of`holding space' for these important prerequisite
developments to take place. The property is being cleaned up, invasive flora/fauna are being systematically
controlled, and culturally/ecologically-important data collection is being conducted. Malama O Puna's fencing
project is deferred until after the AIS, so it makes little sense to attempt much forest restoration/planting in the
face of an extreme invasive pig presence. Once the Botanical Survey and Vegetation Report is joined by an
AIS, and these data are integrated into an accessible and powerful resource database, the future Wai'ele
Advisory Council will have in its hands the tools needed to undertake a comprehensive preservation and
management plan.
2. If you are proposing to produce a management and/or preservation plan, please explain
why such additional planning is needed.
Neither a management nor a preservation plan are being undertaken at this point.
FINAL 2025 Stewardship Grant Application,Page 9 of 13
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25 05
I. APPLICANT INFORMATION
1. Brief history of the applicant organization. Include the date of incorporation as a
non-profit organization.
Hawai'i Environmental Restoration (HER), our 501(c)(3), was established in January 16th of 2019
following 5 years of service under the umbrella of Malama O Puna 501 c(3) based in Pahoa. Our
mission is to preserve HawaiTs unique cultural and biological resources through environmental
restoration and education. The spiritual mission of our organization is to inspire people in developing
a deeper connection to the earth, and to observe a sacred rapport with the land here in Hawai'i; one
that honors its native people, perpetuates the Hawaiian culture, and protects the original plant
communities of this land.
Our primary project focuses on the restoration of Keau'ohana State Forest Reserve, the largest and
most intact native lowland rain forest remaining (<1,000 ft) in Hawai'i. HER is equally dedicated to
nurturing environmental awareness for students and stewards who wish to contribute to Hawai'i's
historical heritage and environmental betterment. HER's volunteer program offers hands-on
educational opportunity in the forest to organizations/students from around the world, providing a
basis for the educational component of HER's work.
With over 33 years of experience in sustainable development in Hawai'i, forest ecologist, Cindy
(Jaya) Dupuis (M.S. in Tropical Conservation Biology and Environmental Science), launched and
has managed these efforts since June of 2014. She is the Board Chair and primary educator for
HER. Her tasks also include outreach coordination, report and grant writing, website maintenance
(please visit: hawaiienvironmental restoration.org), and administrative duties.
2. Other source(s) of financial support:
There are no other sources of financial support for these projects.
FINAL 2025 Stewardship Grant Application,Page 12 of 13
3. Please provide up to three examples of successfully completed projects or related
experiences.
1. Keau'ohana has, since June of 2014, undergone an intensive restoration process that has focused
on the control of invasive plant species and the planting of native species on -30 acres of the most
biodiverse portion of the forest reserve. Despite numerous environmental and socio-ecoinoimic
challenges: Hurricane Iselle, Rapid "Ohi'a Death (ROD), 2018 lava eruption, increase in feral pig
activity, Covid...," this effort has resulted in the preservation of a, last remaining native lowland forest
reservoir, providing habitat for many rare, native and endangered species. We conduct regular,
systematic rounds of weeding of the entire consolidated forest area (currently 20 acres) and strive to
out-plant a minimurn of 200 native trees p�eir year(imany years, it is over 300).
2. Keauohana rain forest is a living classroom for imany local and international volunteers, students,
community groups and individuals to learn about native forest restoration, and about general HawaN
�plant issues and solutions. Special events include Hawaflain protocol, a brief history of Keau'ohana,
introductions, discussion about the importaince of forests/restoration:: practices,, and instruction prior to
volunteer efforts. HER participation in community outreach events,, public presentations in schools and
with community groups also educate people on how they could Ihellp support the lowland environment
by imaking wise plant choices for sustainable living in their own lives. Though the amount of special
volunteer restoration and education events depend on community interest and can fluctuate from year
to year, these average one or two per month; in 2022 averages were two per month,. A total of 2015
forest volunteers accrued 809 volunteer hours over a total of 20 forest events in 2022. HER Emaiil
audience includes,over 800 supporters; Facebook reached a total of 9,740 people last year.
3.1n, mid-2023, HER took into its, kuleana the Halepua'a Forest Reserve native restoration project,
previously administered through Malamia 0 Puna since 2000" and the Koa'e Native Plant Nursery
established in 20114. In this first project, over 500 native trees,of fourteen species have been planted
and maintained along a corridor-trail, and for nine years,the forest has been protected from LFA
infestation by regUlar testing and treatment along a 1 mile stretch of barrier. In the second, more than
5000 native trees, and shrubs, and an additional amount of native ground covers,, have
beein donated for oust-planting in both the Keau'ohana and Hallepua'a, as well)) as many other native
restoration projects.
J. Please initial below that the applicant understands the following documents, shall be
required if awarded stewardship grant funds.
Initial Documents
CJD Ceilificale of instmance with Comity of llawal'i narned as additional insirred.
Seiru tinctartnual reports, which shall ilichide acconiplishinents, financial statements explaiiiing
CJD expenditures, qjects in Eocess, conuillinity involvertient, and,overall status of projects.
Organization shall inurrediately contact the Departnient of Finance, Property Managenient
CJD Division, upon dissolution of the orgarrizatIODor changes M the organization that n-lay affect the
Stewardship Grant Application or Agreeirients,
F—
Organization i.nay be required to pror d
vide other as, requested by tine County ounty of CJD Hawaii, Departilielit of Finance.
Nlahalo!
Should yoti have any questions,please contact the Property Managenient Division at
(808) 961-8069 or by Email-
FINAL 20�25 Stewardship Granny Applicationn,Page 13 of 113
25 05
MANAGEMENT PLANNING PROJECT DESCRIPTION SHEET
DIGITIZED RESOURCE DATABASE — IMPLEMENTATION PHASE
Objective( ) Activity Timeline Consultants/
collaborators
Maintain well- GIS curator performs July 2025-June 2026 GIS Curator and project
organized, up-to-date regular data updates/ manager Diga Kern
digital database proofing, site visits, and
consultations with
project manager
Obtain LIDAR and Conduct helicopter December 2025 - Ryan Perroy, two field
orthomosaic data sets overflight of Wai ele February 2026 GIS technicians, and a
and migrate them as properties on clear day; contracted helicopter
layers in database meeting between pilot from UH-SDVAL;
deliverables liason and GIS Curator; project
GIS curator; GIS curator manager Diga Kern
desk time migrating/
configuring/merging
Share knowledge with hold information/ January 2026-June Project manager Diga
project stakeholders demonstration meetings 2026 Kern, GIS Curator, heiau
between project architect/lineal
manager/GIS curator descendant Keone
team and various Kalawe, archaeologists
stakeholders Lokelani Brandt and
Theresa Donham, UH
Manoa indigenous
cropping systems
expert Noa Lincoln,
Wai'ele Advisory
Council
Leverage STEM-based hold exploratory July 2025 - June 2026 Diga Kern, Arts&
learning outcomes for meetings and Sciences Center
interns and local demonstration meetings teacher/administrator,
students with teachers from at UH Hilo Heritage
least 3 schools; Management MA
communicate with program director Peter
KUPU internship Mills, Pahoa High
program School personnel,
KUPU outreach
personnel
2Fi...05
HER Wai ele Stewardship 2024-25 Detailed Budget
Project Activity DISTANCE FREQUE HRS LABOR TOTAL SUPPLIES GRANT APPLICANT TOTAL
(ft) NCY(# PER HRS AMOUNT SHARE
IIII IIIIIIIIIIIIIIIIIIIIIIIIII IIIItiiImIIIIIIIIIeIIIIIIsIIIII/yr) OUTING LABOR REQUESTED
IVIV I I �III�I�OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO �OOOOOOOOOOOOOOOOOOOOOOOOOOIOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO � V
TESTING AND TREATING 1791 feet of identified incursion footpath will be treated regularly for LFA using a Tango gel bait
IDENTIFIED INCURSIONS buffer strategy. This work is divided into two frequencies for 1st 6 months and 2nd 6 months.
7/1/2025-12/31/2025 baiting 4.35 7 30.45 $767.43 $1115.97 $0.00 $1115.97
testing 2.15 4.25 9.1375 $334.88 $0.00 $334.88
1/1/2026-6/30/2026 baiting 2.175 3.5 15.225 $383.71 $557.98 $0.00 $557.98
testing 2.15 4.25 9.1375 $334.88 $0.00 $334.88
TESTING REMAINDER OF testing 3 8.5 25.5 $934.55 $0.00 $934.55
BOUNDARY
SUB TOTAL $1151.14 $3278.27 $4429.41
contingency 20% (times that the LFA make an incursion,requiring extra work) $655.65 $0.00 $655.65
TOTAL $5085..07 $5085.07
I I �� �����������I�I�IIIIIIIIVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV '
on main footpaths,proposed quarterly and as wind storms require,footpath quality objective=good
on boundary footpath,proposed twice annually and as wind storms require,footpath quality objective=fair
on main footpath,hand tools and manual work only,to completely avoid potential impacts on archaeology
main footpath 4900 4 10 40 $1465.97 $0.00 $1465.97
boundary footpath 7880 2 20 40 $1465.97 $0.00 $1465.97
create/maintain footpath 2000 4 12 48 $3503.06 $0.00 $3503.06
contingency 15%storms 0 $439.79 $0.00 $439.79
hand tool resupply $80.00 $80.00
SUB TOTAL $6954.79 $0.00 $6954.79
two paid and one volunteer managers visit/conference 4 times annually
one team leader with two workers doing one 6 hour day every 45 days.
fieldwork conference 4 12 48 $1172.94 $387.07 $1560.01
field technicians 12 6 72 $6408.72 $0.00 $6408.72
SUB TOTAL $0.00 $7581.66 $387.07 $7968.73[[
one volunteer and one hired collaborator,for one 5 hr work session every 90 days plant,
water and pig-protect at least 20 native/canoe plants of five or more species
volunteer coordinator 4 5 20 $700.00 $700.00
hired collaborators 4 5 20 $523.56 $523.56
native nursery stock average price$10 for 2"to 6"pots of 5 species $300.00 $0.00
SUB TOTAL 20 $300.00 $823..56 $700.00 .IIIIIII$1523.56
IVIV � � �� I � I �� � IIFII �IIIII�IIIIIOIOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOV
BEACH CLEANUP biannually,two paid and one volunteer coordinators organize 25 volunteers to gather/bag marine debris
marine debris quantified,removed by truck and taken to dump. Bags and gloves re-used.
combing over half a mile of difficult terrain along coast to complete cleanup.
1 volunteer leader 2 7 14 $0.00 $490.00 $490.00
2 paid leader 2 14 28 $1026.18 $1026.18
25 volunteers 2 100 200 $0.00 $7100.00 $7100.00
bags re-supply _ $50.00 $50.00 $50.00
truck/driver stipend $229.35 $229.35 $229.35
local food refreshments $160.00 $160.00 $160.00
CANNABIS GROWING twice a year,team of 3 paid workers
CLEANUP old growing materials quantified&stored for later truck removal.Cage material stockpiled for pig
protection on native plantings.
•combing over half a mile of difficult terrain along coastal hau thickets to complete cleanup.
1 team leader _ 4 7 28 $1026.18 $0.00 $1026.18
1
2Fi...o5
Project Activity DISTANCE FREQUE HRS LABOR TOTAL SUPPLIES GRANT APPLICANT TOTAL
(ft) NCY(# PER HRS AMOUNT SHARE
times/yr) OUTING LABOR REQUESTED
2 additional workers 4 14 56 $1465.97 $0.00 $1465.97
SUB TOTAL 14 142 326 $439.35 $4397.01 $7590.00 $11987.01
GRAND TOTAL $24842.08 $8677.07 $33519.15
Field technicians work at the rate of$25/hr or$35/hr(plus GET). Volunteer work is calculated at$35.50/hr.
2
25 05
'i
STATE OF HAWAII
STATE PROCUREMENT OFFICE
CERTIFICATE OF VENDOR COMPLIANCE
This document presents the compliance status of the vendor identified below on the issue date with respect to certificates
required from the Hawaii Department of Taxation(DOTAX),the Internal Revenue Service,the Hawaii Department of Labor and
Industrial Relations (DLIR),and the Hawaii Department of Commerce and Consumer Affairs (DCCA).
Vendor Name: HAWAII ENVIRONMENTAL RESTORATION
DBA/Trade Name: Hawaii Environmental Restoration
Issue Date: 03/25/2024
Status: Compliant
Hawaii Tax#:
New Hawaii Tax#:
FEIN/SSN#:
UI#: No record
DCCA FILE#: _
Status of Compliance for this Vendor on issue date:
Form Department(s) Status
A-6 Hawaii Department of Taxation Compliant
8821 . Internal Revenue Service Compliant
COGS Hawaii Department of Commerce&Consumer Affairs Compliant
LIR27 Hawaii Department of Labor&Industrial Relations Compliant
Status Legend:
Status Description
Exempt The entity is exempt from this requirement
Compliant The entity is compliant with this requirement or the entity is in agreement with agency and actively working towards
compliance
Pending A status determination has not yet been made
Submitted The entity has applied for the certificate but it is awaiting approval
Not Compliant The entity is not in compliance with the requirement and should contact the issuing agency for more information
I
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25 05
voslment-W
Hawaii Environmental Restoration (HER) 501(c)(3)
PO Box 1028, Pahoa, HI. 96778 USA
hawaiienvironmentalrestoration.org
To Whom It May Concern,
Regarding PONC Maintenance and Management Stewardship applications for the 2025-26
year, the individual(s) below will be the sole signatories to conduct business for Hawaii
Environmental Restoration:
Name: Cindy Java Dupuis Signature: . .{" Date:08/23/2024
Mahalo nui loa for your time and consideration,
President of HER and Project Director- Cindy Jaya Dupuis
Contact: Cell phone:
Internet FOAI INP-1
7/2010
FILED 011i6/2019011ASPIVI
Il usiness Registration Division STNTIE OF HAWAIII
DEPT,OF COMMERCE AND DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CONSUMER AFrA1 Business Registration Division
State of Haiwah 335 Morchant Stroot
Mailing Addlress:P,O Box 40,ilonoluliu,Hawaii 9W10
Phone Noj81"45;)586-2727
ARTICLES OF INCORPORATION
(Section 414D 3,2,Ha R€wnws Stata&Q
PLEASE TYPE OR PRINT LEGIBL Y IN BLACK INK
The undersigned,desiring to form a nonprofit corporation under the laws of the State of Hawaii,certify as folIows:
The nam of the oorporation shall be,
HAWAII ENVIRONMENTAL RESTORATION
Ul
The n-afing address of the corporations inffiM principal office iso
The cdQrp*ratjon shall have and continuimisiy maintaiin in the State of Hlawaii a registered agent who shall have a business address inithus State.The agent
inay be an individual who resides in this State,a dlonriestic entity ora foreigin entity authorized to transact Ibusiiness in this,State,
0
.A
to
a. The name(and state or country of Incorporation,formation or organization,'f applicable),of the corporation's registered agent in the State of
Hayvaii is�
iw
0) CINDY J DUPUIS
fNanv ot Registered Agent) (ZRane or Cointry)
1b, The street address of the pla(,e,of business of the person in State of Hawab to vvhiicfi service of process and other notice and documents being
served on or sent to the entity represented,by it may The delivered to is
Internet I N' I NI3-1
wwwBUSINESSR GISTRATION&COM Oil 16201945261 7120110,
iv
The name andl address of each incorporator 4s:
Name Address
CINDY JI DUPUI
JAMES D BUCK
V
Please check one:
13 The corporation has members.
FRIThe corpoi afian has no nwrrrbeus.
V1
The corporation ds nonprofit in nature and shall net authorize or issue sharers off stock. No dividends shadB be paid and no part of the income or profitof
the corporation shall be distributed to as members directors„or officers,except for serwoces actually rendered to the corporation,and except upon
liquidation of its property in case of corporate dissolution,
The undersigned certifies under the(penalties of Section 414D-1 2,Hawaii devised Statutes,that the undersigned has read the above statements,that
IMe are authorized to sign this Articles of incorporation,and that the above statements aro true and correct.
16 JANUARY 2019
Signed this day of
I
JIAMES D BUCK
(Type/Print Name of Bncorporartor) (Type/print IName of Ilncorporatoe)
JIAIM ES D BUCK
(Signaturo of incorporator) (Signature of incorporator)
25 05
University of Hawai'i at Hilo
Spatial Data Analysis and Visualization Labs Revolving Fund Q U 0
RCUH -Spatial Data Analysis and Visualization Labs #002208
University of Hawai'i at Hilo
Attn: Ryan Perroy
200 West Kawili Street
Hilo, HI 96720
Prepared for:
Cindy Jaya Dupuis
Hawai'i Environmental Restoration
PO Box 1028
Pahoa, HI 96778
Description Amount
Work to map three TMK parcels encompassing the Wai'ele cultural
and biological site (-170 acres in total):
TMK 140030370000 -- 51.7 acres
TMK 140030030000 -- 106 acres
TMK 140030430000 -- 10.2 acres
Site visit and establishment of approximately 20 temporary ground
control points across the site with survey-grade differential GPS
base station and receivers. $1,200
8 hours x $150/hour
Helicopter aerial survey of the site with a Yellowscan Voyager Iidar
system capable of penetrating through vegetation to generate $4,000
georeferenced 3D data products at a resolution of 10 cm or better.
Helicopter aerial survey of the site with a photogrammetric camera to $4,000
generate georeferenced optical data products, including an
orthomosaic, at a resolution of 3 cm or better.
Data processing and delivery of individual photos, differential GPS
point coordinates, orthomosaics, Iidar and photogrammetric 3D point
clouds, digital surface models, bare earth digital elevation models,
and other associated data and metadata (including processing and
quality reports, error analysis, etc.) $6,000
Total Amount $15,200
25 05
Theresa K. Donham
Historic Preservation Consultant
P.O. Box 4340,Hilo, HI 96720
August 29, 2024
To Whom it May Concern,
SUBJECT: LiDAR(Light Detection and Ranging) for Archaeological Survey Work at the Wai`ele
PONC Property,Hale Pua`a Ahupua`a,Puna District,Hawaii Island
.wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww.
I am writing in support of the grant application to conduct a topographic LiDAR survey of the Wai`ele
lands in Puna.This is an excellent tool for archaeological surveys of densely vegetated lands.The laser
technology was developed and used to map the moon surface over 60 years ago and has improved with
increased usage, for a number of purposes. LiDAR allows for a dimensional view of the land surface,
absent all vegetation. For planning and implementation purposes,archaeologists recognize its high
value; it has been used to document cultural resources at a number of State Parks on Hawaii Island and
statewide.
LiDAR does not replace on-ground pedestrian survey; it enhances the survey by providing actual
ground surface variation that signals natural features such as lava tubes,sinkholes,and lava flow edges;
and cultural features such as walls,terraces,platforms and trails. I have viewed a topographic LiDAR
image of a heavily vegetated 350-acre parcel in upper Puna and the details of landforms are rather
astounding. I have spent many hours trekking through dense vegetation in Kona, Hilo and Puna as a
field archaeologist for private firms, NRCS and DLNR,and also as the Archaeology Branch Chief for
DLNR. I know that access to imaging of the topography would have made the work safer,more accurate
and more productive.
The bonus of a LiDAR image is that once obtained,it will be a valuable tool for many other planning and
management activities at Wai`ele. It is currently being used for infrastructure planning at large and
small-scale developments state-wide and will be useful if any infrastructure such as an access road or
parking area is needed at Wai`ele in the future. It is a valuable tool for flood risk planning,a range of
arborist activities and for emergency response actions. The cost may seem high now,but the longterm
value is high and the result will be a very useful planning tool well into the future.
Sincerely,
Yn-f ere<sa k An"m
College of Tropical AgriculturMa6 Human Resources
Department of Tropical Plant and Soil Sciences
�sTYOFti�!L�. UNIVERSITY
,� M4\4MAIPMA
of HAWAI I
3 Q
9�h yP
Fe4 O Ka`P\HP 1 V lAl V OA
February 20, 2024
To Whom It May Concern:
Subject: Letter of Support for the Wai`ele Aerial Imaging and Resource Database Project
Aloha,
I am writing to express my strong support for the community-led initiative to manage and preserve the
Wai`ele cultural and biological site, particularly the proposal to conduct high-resolution aerial imaging
and develop a comprehensive resource database. As an Associate Researcher specializing in Indigenous
Cropping Systems at the University of Hawaii at Manoa, I have had the privilege of visiting Wai`ele
and witnessing firsthand the significance of this site, both in terms of its cultural heritage and its
biological diversity.
The Wai`ele site, located in the Puna District, is a remarkable cultural landscape that has remained
relatively undisturbed for generations. The presence of numerous archaeological features, such as unique
agricultural features, planting pits, and other anthropogenic modifications, highlights the historical and
cultural importance of this area. The proposed LiDAR imaging, which has the potential to penetrate the
dense forest canopy, will be invaluable in revealing these features in greater detail, offering insights into
the indigenous cropping systems and land use practices of the Native Hawaiian communities that once
thrived here.
During my visit to Wai`ele, I observed that the site still retains significant elements of its traditional
cultural landscape, including mature hala and niu groves, which were integral to the local economy and
way of life. Detailed vegetative mapping, as part of this project, would not only help us understand the
historical distribution of these culturally important plants but also provide a baseline for future
restoration efforts. Such data will be critical for any initiatives aimed at restoring native and canoe plant
species, thereby reconnecting the community with its cultural roots.
The integration of modern technology, such as LiDAR and GIS, into this project offers a unique
opportunity to create an interactive and educational resource for local students, particularly those of
Hawaiian ancestry. By developing a digitized resource database, we can facilitate place-based learning,
allowing students to explore the ecological, cultural, and historical dimensions of Wai`ele in a way that
is both engaging and informative. This aligns closely with my own work in promoting the rediscovery of
traditional ecological knowledge and adapting it for contemporary use. For instance, we have a paper
being published soon in the high-impact journal Ecology and Society that explores the unique
agroecology of the Puna region. Such high-quality data from Wai'ele could make substantial
contributions to our understanding of detailed Native Hawaiian usage of the region and inform
appropriate management and usage of the lands today.
3190 Maile Way,St.John Plant Sciences Laboratory 102, Honolulu, Hawaii 96822
Telephone_(808)956-8351 Fax_(808)956-3894
Email tpss@ctahr.hawaii.edu Website:www.ctahr.hawaii.edu/ctahr200ltpss/
An Equal Opportunity/Affirmative Action Institution
25 05
Moreover, the potential educational outreach, including collaborations with local schools and programs
like PIPES, will provide invaluable hands-on learning experiences for students, fostering a deeper sense
of kuleana (responsibility)towards their environment and cultural heritage. It is through such initiatives
that we can inspire the next generation to become stewards of these vital cultural and natural resources.
In conclusion, I fully endorse the Wai`ele aerial imaging and resource database project. The preservation
and study of this site are of utmost importance, not only for the local community but also for the broader
understanding of Hawaiian culture and history. I look forward to the opportunity to be involved in this
project and to contribute to the ongoing efforts to protect and celebrate the rich heritage of Wai`ele.
Please feel free to contact me if you require any further information or if there are additional ways I can
support this endeavor.
Mahalo nui loadainco
No4ak D.
Associate Researcher, Indigenous Cropping Systems Laboratory
University of Hawai`i at Manoa
nlincoln ,haw�ii.edu
25 05
11/l/22 Final Draft
I hereby certify as President of Hawaii Environmental Restoration (HER) 501(C)(3), that
this document is an accurate representations of our Bylaws, which include HER Conflict of
Interest and Nepotism policies.
/,6 d,
HAWAII ENVIRONMENTAL RESTORATION BYLAWS
ARTICLE I MISSION STATEMENT
The name of this not-for-profit Corporation is HAWAII ENVIRONMENTAL RESTORATION. Our mission is to
preserve Hawaii's unique cultural and biological resources through environmental restoration and education.
Our primary project focuses on the restoration of Keau'ohana State Forest Reserve, the largest and most
intact native lowland rainforest remaining (<1,000ft)in Hawai'i State.
ARTICLE II FISCAL YEAR
Except as from time to time otherwise determined by the Board of Directors of the organization,the fiscal year shall
end on the last day of December of each year.
ARTICLE III LOCATION
Section I PRINCIPAL OFFICE: The principal office for Hawaii Environmental Restoration is located at
. The location of the principal office may be approved by consensus of the
Governing Board. The Board may at any time establish branch or subordinate offices at any place or places where this
Corporation is qualified to conduct its activities.
Section 2 OTHER LOCATION: The principle location of forest activity is in the State Forest Reserve of
Keau'ohana in the Puna District,with permission granted by the Department of Land and Natural Resources/Division
of Forestry and Wildlife.
ARTICLE IV BOARD OF DIRECTORS
The Board of Directors of Hawaii Environmental Restoration shall comply with the Political Reform Act(Government
Code Section 87100 et seq.)
Section I RESPONSIBILITIES OF THE BOARD: The business and affairs of Hawaii Environmental Restoration,
as they relate to selection of staff, mission and goals, and budget development and approval shall be managed by or
under the direction of the Board of Directors. The Board may delegate the management of the day-to-day operation of
the business and educational activities to one or more individuals or to committees,however composed,provided that
the activities and affairs of the organization shall be managed and all powers shall be exercised under the ultimate
direction of the Board. No assignment,referral or delegation of authority by the Board or anyone acting under such
delegation shall preclude the Board from exercising full authority over the conduct of the organizations activities, and
the Board may rescind any such assignment,referral or delegation at any time.
Section 2 POWERS: The Board of Directors shall oversee the affairs of the organization and shall exercise all of the
powers of a non-profit educational organization. The Board of Directors reserves to itself alone the power:
a. to purchase or sell real property,
1 1
25 05
11/1/22 Final Draft
b. to pledge, assign, create liens on or security interests in real or personal property,
c. to establish or modify investment policies,
d. to determine the educational policy of the organization and
e. to delegate,from time to time,powers to the Director(s)in accordance with these Bylaws except as
otherwise provided by law.
Section 3 STANDARD OF CARE: Each Board Member shall perform the duties of a Board of Director,including
the duties as a member of any committee of the Board upon which the board member may serve,in good faith,in a
manner such board member believes to be in the best interests of the organization and with such care,including the
duty to make reasonable inquiries, as an ordinarily prudent person in a like position would use under similar
circumstances.
Section 4 NUMBER AND QUALIFICATION OF BOARD MEMBERS: The Board of Directors shall consist of
three to five members unless changed by amendment to these by-laws. If at any time there appears to be a conflict of
interest a Board Member must recuse him or herself from the discussion and relevant decision.
Section 5 ELECTION AND TERM OF BOARD MEMBERS: Board of Directors shall be elected/appointed at the
annual Board meeting of each year. The term of office of a Board Member shall be one year or until his or her
successor is elected and qualified. Term of office shall begin in January following the annual meeting.
Section 6 VACANCIES: Vacancies in the Board of Directors will be filled by the President. A vacancy or vacancies
in the Board of Directors shall be deemed to exist in the event of the death,resignation, or removal of any Board
Member, or if the Board of Directors by resolution declares vacant the office of a Board who has been declared of
unsound mind by an order of court or convicted of a felony, or if the authorized number of Directors is increased.
Any Board member may resign effective on giving written notice to the President of the Board, or the Secretary of the
Board,unless the notice specifies a later time for that resignation to become effective. If the resignation of a Board
member is effective at a future time, the Board may appoint successor to take office when the resignation becomes
effective.
No reduction of the authorized number of Directors shall have the effect of removing any Board Member before that
Board Member's term of office expires.
Section 7 NOTICE,PLACE AND MANNER OF MEETINGS: Meetings of the Board of Directors may be called
by the President of the Board, the Treasurer, or any two directors, and shall be held at an appointed location.Accurate
minutes of any meeting of the Board of Directors or any sub-committee thereof, shall be maintained by a Board
Member designated for that purpose. Such meetings will comply with the notice and open meeting provisions of the
Brown Act(Govemment Code section 54954, et seq.)including posting on the Hawaii Environmental Restoration
website.
Section 8 ANNUAL MEETINGS. The Board shall hold an annual meeting for the purposes of organization, selection
of officers, and the transaction of other business.
Section 9 REGULAR MEETINGS: Regular meetings of the Board,including the annual meeting, shall be held
without call or notice on such dates and at such times and places and as may be from time to time fixed by the Board.
Section 10 SPECIAL MEETINGS: Special meetings of the Board for any purpose(s) may be called at any time by
the President,the Treasureror any two members of the board. Special meetings of the Board may be held only after
each Board Member has received at least twenty-four hours notice given personally or by telephone, telegraph, telefax
or other similar means of communication in accordance with the provisions of the Brown Act(Government Code
section 54950, et seq.).
2 2
25 05
11/1/22 Final Draft
Section 11 EMERGENCY MEETINGS: Emergency meetings may be held for those limited purposes as specified
in the Brown Act and notice and posting of agendas shall be made in accordance with the Brown Act.
Section 12NOTICE OF MEETINGS: Notice of the time and place of meetings shall be given to each Board
Member by a)personal delivery of written notice;b)first-class mail,postage prepaid; c)telephone,including a voice
messaging system or other system or technology designed to record and communicate messages, either directly to the
Board Member or to a person at the Board Member's office who would reasonably be expected to communicate that
notice promptly to the Board Member; d)telegram; e) facsimile; f) electronic mail; or g) other electronic means. All
such notices shall be given or sent to the Board Member's address or telephone number as shown on school records.
Notices sent by first class mail shall be deposited in the United States mail at least seven days before the time set for
the meeting. Notices given by personal delivery, telephone, electronic mail or telegraph shall be delivered,telephoned,
sent or given to the telegraph company,respectively,in accordance with the notice provisions of the Brown Act.
The notice shall state the time of the meeting, agenda, and the place,if the place is other than the principal office.
Notice shall be given of any adjourned regular or special meeting to directors absent from the original meting if the
adjourned meeting is held more than 24 yours from the time of the original meeting.
Section 13 QUORUM: A majority of the Directors as then in office shall be necessary to constitute a quorum for the
transaction of any business, except adjournment for failure to reach a quorum. Every action taken or decision made by
the Directors present at any meeting at which there is a quorum,when duly assembled,is valid as a Board of Directors
act;provided that a minority of the Directors,in the absence of a quorum, may adjourn,but may not transact any
business. A meeting at which a quorum is initially present may continue to transact business, despite the withdrawal
of some Directors.
Section 14WAIVER OF NOTICE: Notice of a meeting need not be given to any board member who, either before
or after the meeting, signs a waiver of notice, a written consent to the holding of the meeting, or an approval of the
minutes of the meeting. The waiver of notice or consent need not specify the purpose of the meeting. All such
waivers, consents, and approvals shall be filed with the corporate records or made a part of the minutes of the
meetings. Notice of a meeting need not be given to any board member who attends the meeting and who,before or at
the beginning of the meeting, does not protest the lack of notice to him or her.
Section 15ADJOURNMENT: A consensus of the Directors present,whether or not a quorum is present, may adjourn
any meeting to another time and place.
Section 16 NOTICE OF ADJOURNED MEETING: Notice of the time and place of holding an adjourned meeting
need not be given unless the original meeting is adjourned for more than twenty-four hours. If the original meeting is
adjourned for more than twenty-four hours,notice of any adjournment to another time and place shall be given,before
the time of the adjourned meeting, to the Directors who were not present at the time of the adjournment.
Section 17 CONDUCT OF MEETINGS: Meetings of the Board of Directors shall controlled by the President of the
Board or,in her absence, the Vice President or,in the absence of each of these persons,by the Chairperson chosen by
consensus of the directors present at the meeting. The Secretary of the Corporation shall act as secretary of all
meetings of the board,provided that,in the case of his or her absence, the presiding officer shall appoint another
person to act as secretary of the meeting.
Meetings shall be governed by Consensus Process. Members of the Board shall be instructed in the rules of Consensus
Process. Such rules may be revised from time to time insofar as such changes are not inconsistent with or in conflict
with these Bylaws,with the Articles of Incorporation of this Corporation, or with provisions of law.
Section 18 NON-LIABILITY OF DIRECTORS: The directors shall not be personally liable for the debts,
liabilities, or other obligations of this Corporation
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Section 19 INSURANCE FOR CORPORATE AGENTS: The Board of Directors may adopt a resolution
authorizing the purchase and maintenance of insurance on behalf of any agent of the corporation(including directors,
officers employees or other agents of the Corporation) against any liability, other than for violating provisions of the
law, asserted against or incurred by the agent in such capacity or arising out of the agent's status as such.
ARTICLE V OFFICERS
Section I OFFICERS: The officers of Hawaii Environmental Restoration shall be a President, a Secretary, and a
Treasurer. Each Director shall have such authority and perform such duties as the President may from time to time
determine. An individual may hold more than one office at the same time, except that the Secretary may not serve as
the President.
Section 2 ELECTION: The officers of Hawaii Environmental Restoration shall be elected annually by the Board of
Directors and shall hold office until he or she resigns,is removed from office or otherwise disqualified to serve, or a
successor is elected.
Section 3 REMOVAL OF OFFICERS: Any Officer may be removed by the Board of Directors,with cause, and
only by consensus of the rest of the board members, at any annual,regular or special meeting,written consent being
required by any absent member. Any Officer may resign at any time by giving written notice to the Board. Any
resignation shall take effect on the date the notice is received or at any later time specified in the notice. Unless
otherwise specified in that notice, the resignation need not be accepted to be effective.
Section 4 VACANCIES IN OFFICE: Any vacancy in any office because of death,resignation,removal,
disqualification or any other cause shall be filled in the manner prescribed in these Bylaws for regular appointments to
that office at or before the annual meeting.
Section 5 DUTIES OF THE PRESIDENT AND VICE-PRESIDENT OF THE BOARD: Except as otherwise
provided by law,the President and Vice-President shall hold office until the next annual meeting of the Directors or
the special meeting held for such purpose, and thereafter until their respective successors are chosen and qualified,
unless a shorter term is specified in the vote electing or appointing them. The President shall preside at all meetings of
the Board of Directors, except as the Directors otherwise determine. The President shall be responsible for the signing
of all contracts.The President shall have such other duties and powers as the Board of Directors shall determine. The
President shall appoint all Standing and Special Committees, and may fill vacancies in these Committees. The
President may call meetings of the Board, and shall call meetings at any request of two members of the Board. In the
absence of the President, or if at any time the office of President is vacant, the Vice President may discharge any or all
of the duties of the President. The Vice President is the Board's designated dispute arbiter as per the organization's
Complaint Procedure.
Section 6 DUTIES OF THE SECRETARY. The Secretary shall keep or cause to be kept, at the organization's
principal location a book of minutes of all meetings,proceedings, and actions of the Board, of committees of the Board
and of members' meetings. The minutes of the meetings shall include the time and place that the meeting was held;
whether the meeting was annual, general or special and if special,how authorized; the notice given, the names of
persons present at Board and committee meetings; and the number of members present or represented at members'
meetings.
The Secretary shall give, or cause to be given,notice of all meetings of the Board, and of committees of the Board that
these Bylaws require to be given,in compliance with the Brown Act. The Secretary shall keep or cause to be kept at
the principal office of the corporation a binder containing these By Laws, Complaint Procedure, and Federal
Application for 501(c.)3 Non-Profit Status.
Section 7 DUTIES OF THE TREASURER. Subject to the provisions of these Bylaws relating to the "Execution of
Instruments, Deposits and Funds,"the Treasurer shall:
Assist in preparing or revising annual budgets.
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Assist in preparing annual and periodic financial reports to the Board of Directors.
Have charge and custody and be responsible for all funds and securities of the corporation in such banks, trust
companies or other depositories as shall be selected by the Board of Directors.
Receive, and give receipt for, monies due and payable to the corporation from any source.
Disburse or cause to be disbursed the funds of the corporation as may be directed by the Board of Directors,
taking proper vouchers for such disbursements.
Maintain adequate and correct accounts of the Corporation's propertied and business transactions, including
accounts of its assets, liabilities,receipts, disbursements, gains and loses.
Section 8 COMPENSATION: Any compensation paid to officers of this Corporation shall be reasonable and given
in return for services actually rendered for the corporation which relate to the purposes of Hawaii Environmental
Restoration.
ARTICLE VI COMMITTEES
Section 1 APPOINTMENT OF COMMITTEES. Advisory committees shall act in an advisory capacity to the
board and action committees shall be authorized to take action as designated by the President. All committees shall
include at least one member of the Board of Directors or a designated staff member.
Section 2 MEETINGS AND ACTION OF COMMITTEES: Meetings and action of committees shall be governed
by,noticed,held and taken in accordance with the provisions of these Bylaws concerning meetings of the Board of
Directors,with such changes as are necessary and proper and fixed by the Board of Directors. The Board of Directors
may also adopt rules and regulations pertaining to the conduct of meetings of committees to the extent that such rules
and regulations are not inconsistent with the provisions of these Bylaws.
ARTICLE VII EXECUTION OF INSTRUMENTS and CORPORATE SEAL
Section 1 INSTRUMENTS: The Board of Directors may by resolution authorize any officer or agent of the
corporation to enter into a contract, execute or deliver any instrument in the name of and on behalf of the corporation.
Unless so authorized,no officer or agent or employee shall have any power or authority to bind the corporation to any
contract or pledge its credit or render it liable for any purpose of in any amount.
Section 2 CHECKS AND NOTES: Except as otherwise determined by resolution of the Board of Directors or as
otherwise required by law, checks, drafts,promissory notes and other evidence of indebtedness of the Corporation
shall be authorized by the Board of Directors and signed by the President, Treasurer or Secretary.
Section 3GIFTS: The Board of Directors may accept on behalf of the Corporation any contribution, gift or bequest
for the public purpose of Hawaii Environmental Restoration. The Board may also approve dispersal of contributions
to another Non-Profit 501(c)3 organization.
Section 4 RECORDS: The Corporation shall keep at its principal office accurate and correct books and records
including accounts of business transactions and accounts of assets, liabilities,receipts, disbursements, gains and loss.
Section 5 CORPORATE SEAL: The Board of Directors may adopt and use a corporate seal. Such seal shall be kept
at the principal office of the corporation. Failure to affix the seal to corporate instruments shall not affect the validity
of any such instruments.
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Section 6 DIRECTORS' INSPECTION RIGHTS: Every director shall have the right at any reasonable time to
inspect and copy all books,records and documents of every kind, and to inspect the physical properties of the
corporation.
ARTICLE VII ANNUAL REPORT
The board shall cause an annual report to be furnished not later than one hundred twenty (120) days after the
close of the corporation's fiscal year to all directors of the corporation, and to any members who request it in
writing. The Annual reports shall contain the following information in appropriate detail to the end of the
fiscal year:
1. Assets and liabilities of the corporation;
2. The principal changes in assets and liabilities during the fiscal year;
3. The revenue or receipts of the corporation and purposes;
4. The expenses or disbursements of the corporation during the fiscal year;
The annual report shall be certified by the authorized officer of the corporation.
ARTICLE VII AMENDMENT OF BYLAWS
Subject to any provision of law applicable to the amendment of the bylaws of public benefit corporations,
these Bylaws may be altered, amended or repealed and new Bylaws adopted and approved by the consensus
of the Board of Directors of Hawaii Environmental Restoration.
CONFLICT OF INTERST AND NEPOTISM POLICY
Article I Purpose
The purpose of the conflict of interest policy is to protect this tax-exempt organization, HAWAII
ENVIRONMENTAL RESTORATION'S interest when it is contemplating entering into a transaction or
arrangement that might benefit the private interest of an officer or director of the Organization or might result in a
possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and
federal laws governing conflict of interest applicable to nonprofit and charitable organizations.
Article II Definitions
1. Interested Person
Any director,principal officer, or member of a committee with governing board delegated powers,who has a
direct or indirect financial interest, as defined below,is an interested person.
2. Financial Interest
A person has a financial interest if the person has, directly or indirectly,through business,investment, or family:
a. An ownership or investment interest in any entity with which the Organization has a transaction or
arrangement,
b. A compensation arrangement with the Organization or with any entity or individual with which the
Organization has a transaction or arrangement, or
c. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual
with which the Organization is negotiating a transaction or arrangement.
Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.
A financial interest is not necessarily a conflict of interest. Under Article III, Section 2, a person who has a
financial interest may have a conflict of interest only if the appropriate governing board or committee decides that
a conflict of interest exists.
Article III Procedures
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1. Duty to Disclose
In connection with any actual or possible conflict of interest, an interested person must disclose the existence of
the financial interest and be given the opportunity to disclose all material facts to the directors and members of
committees with governing board delegated powers considering the proposed transaction or arrangement.
2. Determining Whether a Conflict of Interest Exists
After disclosure of the financial interest and all material facts, and after any discussion with the interested person,
he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is
discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.
3. Procedures for Addressing the Conflict of Interest
a. An interested person may make a presentation at the governing board or committee meeting,but after the
presentation,he/she shall leave the meeting during the discussion of, and the vote on,the transaction or
arrangement involving the possible conflict of interest.
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b. The President of the governing board or committee of Hawaii Environmental Restoration shall,if appropriate,
appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
c. After exercising due diligence,the governing board or committee shall determine whether Hawaii
Environmental Restoration's governing board can obtain with reasonable efforts a more advantageous transaction
or arrangement from a person or entity that would not give rise to a conflict of interest.
d. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not
producing a conflict of interest,the governing board or committee shall determine by a consensus vote of the
disinterested directors whether the transaction or arrangement is in the Organization's best interest, for its own
benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its
decision as to whether to enter into the transaction or arrangement.
4. Violations of the Conflicts of Interest Policy
a. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or
possible conflicts of interest,it shall inform the member of the basis for such belief and afford the member an
opportunity to explain the alleged failure to disclose.
b. If, after hearing the member's response and after making further investigation as warranted by the
circumstances,the governing board or committee determines the member has failed to disclose an actual or
possible conflict of interest,it shall take appropriate disciplinary and corrective action.
c. Nepotism will not be tolerated by unduly appointing persons to positions on the basis of their blood or
marital relationship to the appointing authority, rather than on merit or ability.
Article IV Records of Proceedings
1. The minutes of the governing board and all committees with board delegated powers shall contain:
a. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with
an actual or possible conflict of interest,the nature of the financial interest, any action taken to determine whether
a conflict of interest was present, and the governing board's or committee's decision as to whether a conflict of
interest in fact existed.
b. The names of the persons who were present for discussions and votes relating to the transaction or
arrangement,the content of the discussion,including any alternatives to the proposed transaction or arrangement,
and a record of any votes taken in connection with the proceedings.
2. Compensation of board members
a. A voting member of the governing board who receives compensation, directly or indirectly, from the
Organization for services is precluded from voting on matters pertaining to that member's compensation.
b. A voting member of any committee whose jurisdiction includes compensation matters and who receives
compensation, directly or indirectly, from the Organization for services is precluded from voting on matters
pertaining to that member's compensation.
c. No voting member of the governing board or any committee whose jurisdiction includes compensation matters
and who receives compensation, directly or indirectly, from the Organization, either individually or collectively,
is prohibited from providing information to any committee regarding compensation.
Article VI Annual Statements
No voting member of the governing board or any committee whose jurisdiction includes compensation matters
and who receives compensation, directly or indirectly, from the Organization, either individually or collectively,
is prohibited from providing information to any committee regarding compensation. To ensure accountability the
board should see that each board member:
a. Has received a copy of the conflicts of interest policy,
b. Has read and understands the policy,
c. Has agreed to comply with the policy, and
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d. Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage
primarily in activities which accomplish one:or more of its tax-exempt purposes.
Article V11 Periodic Review
To ensure the Organization operates in a manner consistent with this policy and when conducting the periodic,
reviews as provided for in Article VII,the Organization may, but need not, use outside advisors. If outside
experts are used,their use shall not relieve the governing board of its responsibility for ensuring periodic reviews
are conducted consistent with charitable purposes and that it does not engage in activities that could jeopardize its
tax-exempt status,periodic reviews shall be conducted. The periodic reviews shall,at a minimum, include the
following subjects:
a. Whether compensation arrangements and benefits are reasonable, based on competent survey information,and
the result of arm's length bargaining.
b. Whether partnerships,joint ventures,and arrangements with management organizations conform to the
Organization's written policies,are properly recorded,reflect reasonable investment or payments for goods,and
services, hirther charitable purposes and do not result in inurement, impermissible private benefit or in an,excess
benefit transaction,
Article V111 Use of Outside Experts
When conducting the periodic reviews as provided for in Article VII,the Organization may, but need not,use
outside advisors. If outside experts are used,their use shall not relieve the governing board of its responsibility
for ensuring periodic reviews,are conducted except where otherwise provided by a court of competent
jurisdiction.
WRITTEN CONSENT OF DIRECTORS ADOPTING BYLAWS
We the undersigned, are the persons named as the initial directors of Hawaii Environmental Restoration and pursuant
to the authority granted to the directors of these Bylaws to take action by unanimous written without a meeting,
consent to, and hereby do adopt the foregoing Bylaws, consisting of 9 pages, as the Bylaws of this Corporation.
Dated: November Irst, 2022—Amended Bylaws
Cindy J. Dupuis,President
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Russell Ruderh6n, Director at Large
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James Buck, Secretary and Treasurer
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