HomeMy WebLinkAbout2007-12-28 (2007 PONC Annual Report to the Mayor)TOT `� �116 1 C
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Harry Kim
Mayor
Dixie Kaetsu
Managing Director
Barbara Kossow
Deputy Managing
Director
HAWAII COUNTY PUBLIC ACCESS, OPEN
SPACE AND NATURAL RESOURCES PRESERVATION
COMMISSION
C/O 25 Aupuni Street, Hilo, Hawaii 96720
Phone: 961 -8069; Fax: 961 -8248
December 28, 2007
Honorable Harry Kim
Mayor, County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mayor Kim:
The Public Access, Open Space and Natural Resources Preservation Commission wants to
say "thank you" to you and the Hawaii County Council for making the first purchase using the
Public Access funds. The Waipi`o property was purchased in October of this year. We understand
that one Kawa`a parcel (Johnson property) is in escrow and three other parcels (Olson properties) are
in negotiations. Hopefully these will become additional purchases using Public Access funds along
with state and federal funds.
This year, as in the past, the Commissioners held public information and input meetings in
their respective districts. The purpose of the meetings was to discuss the new "intake" or suggestion
forms, review the assessment forms and to also provide information on the Commission, and
encourage submission of proposals for site preservation.
Pursuant to Section 2- 217(2) of the Hawaii County Code, we are submitting the updated
prioritized list of properties. Besides the prioritized list, the report contains Commission and
community concerns for your consideration and a list of potential funding sources.
If there are any questions or clarification needed, please contact Amy Self, Deputy
Corporation Counsel at 961 -8251 or Harry Yada, Property Manager at 961 -8009.
KK:ak
Encls.
Sincerely,
KENNETH KANESHIRO
Chair
Hawai `i County is an Equal Opportunity Provider and Employer
Commissioners: Kenneth Kaneshiro; Laura Schuster, Benedict Yung;
Paul Campbell; Bill Gilmartin; Kin: Garcia; Hannah Springer; E. Kalani Flores
Public Access, Open Space and Natural Resources Preservation Commission
2007 Annual Report to the Mayor
December 28, 2007
Introduction
Pursuant to Section 2 -217 of the Hawaii County Code, 1983, 2005 Edition (see
Appendix 1), the Hawaii County Public Access, Open Space, and Natural Resources
Preservation Commission submits this 2007 Annual Report and Prioritized List dated December
28, 2007 to the Mayor (see Appendix 2). This list is of carefully considered lands culled from
extensive public input. Highly organized community interest is apparent throughout the island.
With the successful acquisition of the Waipi`o Lookout property (see Appendix 3) and
negotiations for Kawa` a on -going with the County, our goals start to see fruition.
Our Commission is dedicated to protecting our natural and cultural resources and open
space for the future health of our Hawaii island community. This Commission works toward
presenting a complete recommendation package. Ideally, this would be to develop lists of
outside funding sources that will match funding for particular parcels and to recognize and
encourage the organized non - profit community groups willing to oversee and manage individual
parcel areas under County guidelines. As we continue to receive suggestions from the
community we continue to support their participation in the process.
Commission Members
Kenneth Kaneshiro, Chair, District 1, Term expires: December 31, 2007
Laura Schuster, Commissioner, District 2, Term expires: December 31, 2009
*Ruth Walker, Commissioner, District 3 (Term: October 5, 2005 December 31, 2006)
Benedict Yung, Commissioner, District 4, Term expires: December 31, 2007
Paul Campbell, Commissioner, District 5, Term expires: December 31, 2008
Bill Gilmartin, Commissioner, District 6, Term expires: December 31, 2011
Kim Garcia, Commissioner, District 7, Term expires: December 31, 2009
*dlocelyn Garovoy, Commissioner, District 7 (Term: October 5, 2005 December 31, 2006)
Hannah Springer, Vice - Chair, District 8, Term expires: December 31, 2010
E. Kalani Flores, Commissioner, District 9, Term expires: December 31, 2010
( *Resigned)
Mahalo to outgoing Chair, Kenneth Kaneshiro, Commissioners Jocelyn Garovoy,
Ruth Walker and Benedict Yung.
Commission Meetings
Since the submittal of the 2006 Annual Report to the Mayor, the Commission conducted
monthly meetings alternating between Kona and Hilo. At these meetings the Commission was
assisted by a Deputy Corporation Counsel and Legal Clerk III from the Office of the Corporation
Counsel along with a Property Manager and Clerk III from the Department of Finance. During
these meetings the Commission continued to receive suggestion forms and testimony from the
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public and engaged in discussion with invited guests: Irving Kawashima, a Na Ala Hele
Specialist with the Division of Forestry and Wildlife of the Department of Land and Natural
Resources; Nancy Piccichio, a contractor with the County Planning Department working on the
Kona Community Development Plan; and Patricia Engelhard, Director of the Parks and
Recreation Department of the County of Hawaii. The monthly meetings scheduled in 2007
were:
January 8
Kona
February 12
Hilo
March 12
Kona
April 9
Hilo
May 14
Kona
June 12
Hilo
July 9
Kona
August 13
Hilo
September 10
Kona
October 8
Hilo
November 13
Kona
December 10
Hilo
Additionally, during the months of March through May, the Commission held evening
meetings in each of the nine County Districts to receive suggestion forms and discuss community
concerns.
In 2008 the Commission will work with the Deputy Corporation Counsel to develop a
policy for conducting site visits to improve the site selection process.
Commission Training
In 2007 the Commissioners participated in a live teleconference and attended a workshop
which focused on the importance of open space, land conservation, and the advantages of
conservation easement designation to landowners. Both of these programs provided the
Commissioners with additional training and information on these areas which are so critical. A
summary of the teleconference along with a summary of the workshop are attached as Appendix
4.
Suggestion Form
The 2007 Suggestion Form (see Appendix 5) was revised on February 12, 2007 to
include additional questions and requests for supplementary information and documentation
relating to the suggested site or project. In addition, the suggestion form format was also revised
so that it would correlate with the revised assessment criteria form.
The Commission assessed the suggestion forms received from the public between
September 6, 2006 and June 29, 2007. There were a total of 57 suggestion forms that were
received during this time period.
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Assessment Criteria Form
The 2007 Assessment Criteria Form (see Appendix 6) was the same form used in
developing the 2007 Prioritized List for the 2006 Annual Report as well as for this 2007 Annual
Report. This assessment criteria form was previously revised August 14, 2006 and updated with
minor changes on February 12, 2007. The Commission members individually assessed these
properties utilizing this 2007 Assessment Criteria Form. These individual scores were totaled
and then divided by the number of assessments submitted by commissioners to derive the
average final score % for each property. These scores are outlined in the 2007 Comprehensive
List (see Appendix 7).
Prioritized List
The 2007 Prioritized List is as follows:
Priority
Number
Property
Score
1
Pa`o`o
91%
2
Kukuipahu- Ha`ena Corridor
88%
3
Mahukona Histori cal Area
86%
4
Kaiholena
83%
5
`O`oma II
73%
Details of these properties (obtained from the suggestion forms submitted by the public)
are summarized in Appendix 2.
In developing the 2007 Prioritized List for this Annual Report, the Commission examined
those properties that were assessed with an average final score of 70% or more. In addition,
those properties from the previously submitted "Prioritized List — Lands and /or Property
Entitlements for Acquisition" dated December 27, 2006 (see Appendix 8) were re- examined and
also considered for this Prioritized List in order to maintain some continuity in this process.
This year, the Commission chose not to include properties that had resolutions already
passed by the Hawaii County Council authorizing the Director of Finance to enter into
negotiations for acquisition. The resolutions for these property acquisitions are attached as
Appendix 9.
Commission and Community Concerns
The following is a listing of concerns and problems identified by the Commission:
➢ A priority adjustment ranking mechanism should be developed, in consultation with the
Mayor, to guide the meshing of newly developed priority property lists with lists
submitted in previous years.
➢ An approved site visitation plan should be developed to enable the Commission to view
and better evaluate properties prior to preparation of Prioritized List.
➢ The Commission would like to encourage the Mayor and the Hawaii County Council to
request of the Commission and Property Manager clarification or more information, as
may be needed prior to any recommended purchase actions, on the property listings.
➢ The Commission and the public are concerned that purchase of property alone should not
be the only goal of this program. Active management including maintenance and
enforcement needs must be addressed to ensure proper care and protection of natural and
cultural resources on the properties. Funding sources need to be identified.
➢ The Commission has received comments from the public that public access routes in
some areas are obstructed by adjoining landowners to discourage public use. The County
and State should resolve these problems when they are reported by the public.
➢ The Commission recommends that the County should generate a comprehensive
inventory of all "old government" roads and trails so these can be identified to the public
and used by the public as may be deemed appropriate.
Acquisition and Management Concerns
Pursuant to Section 2 -217 of the Hawaii County Code, this Commission's duties and
responsibilities include exploring additional methods of funding land acquisition (see Appendix
10), making recommendations to the Mayor, and giving emphasis to land acquisitions where the
County's contribution can be leveraged to obtain State, Federal, and /or private funds. In order to
investigate and better understand the issues around these responsibilities, a Committee of three
Commissioners was formed. The committee members are Laura Schuster, Kim Garcia and Paul
Campbell.
The committee members met and discussed special funding opportunities and
requirements. One of the greatest concerns arising from the findings is that of management of
acquired properties. In most cases, the County has insufficient funds and /or personnel to take on
management of said properties.
To leverage adjunct Federal and /or State funds, management plans might be a condition
for application. A further requirement for some funding is that managing entities must be
501(c)(3) non - profit organizations. If funding sources are found to create management plans, it's
feasible that the County could develop the plans. To fund management plans for property
acquisitions in their districts, County Council members should be encouraged to transfer a
portion of their annual discretionary funds to the appropriate County department. These plans
could be turned over to qualified groups for implementation. Group and programs could include,
but are not limited to the following:
➢ 501(c)(3) non - profit organizations;
➢ Park Volunteer Corps. — a group that would be developed to provide maintenance for
specific properties, similar to a work -force program like Civilian Conservation Corps.;
➢ Heritage Stewards — for those parcels where resources are such that an on -site steward
may be the best option;
➢ Adopt a Park Program — similar to the Adopt a Highway Program.
-4-
It has become abundantly clear to this Commission that adjunct funding and management
plans are critical to the long -term success of this program. We will continue to seek solutions to
these matters.
Next Steps
The Commission has developed a timeline for 2008 to accomplish the following tasks:
➢ Schedule 2008 regional public meetings.
➢ Publicize meeting schedule and encourage contributors to submit complete nomination
packages.
➢ Develop site visit strategy (with Corporation Counsel) for high ranking proposed
properties.
➢ Continue to explore other funding sources for land /entitlement acquisitions.
➢ Continue to explore other funding sources for land maintenance and management.
➢ Continue to attempt to identify potential partnerships with other governmental agencies,
non - profit organizations, and private entities for land /entitlement acquisitions.
➢ Submit annual report and Prioritized List to the Mayor by December 31, 2008.
Appendices
1. Chapter 2, Article 42, Hawaii County Code 1983 (2005 Edition)
2. 2007 Prioritized List — Lands and /or Property Entitlements for Acquisition
3. Summary of Waipi`o Acquisition
4. Summaries of Commission Training
5. 2007 Suggestion Form
6. 2007 Assessment Criteria Form
7. 2007 Comprehensive List
8. 2006 Prioritized List — Lands and /or Property Entitlements for Acquisition
9. Property Acquisition Resolutions (approved by Hawai `i County Council)
10. Listing of Potential Funding Programs and Grant Sources
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§ 2 -217 HAWAI`l COUNTY CODE
Section 2 -217. Duties and responsibilities of the commission.
The duties and responsibilities of this commission are:
(1) To develop and submit to the mayor, an initial island -wide prioritized list of qualifying lands
worthy of preservation within six months of being confirmed to the commission by the council.
Priorities shall be listed on an island -wide rather than district basis. The list shall include the
significance of each parcel or entitlement identified, the reason for its priority, and its anticipated
use after acquisition;
(2) To update this list at any time, but at least annually by December 31 of each year; and
(3) To explore methods of funding land acquisition and make recommendations to the mayor.
(4) The commission shall give emphasis to land acquisitions where the County's contribution can be
leveraged to obtain State, Federal, and /or private funds.
(2005, Ord. No. 05 -166, sec. 4.)
Section 2 -218. Prioritized list of qualifying lands worthy of preservation.
(a) The prioritized list developed by the commission shall be submitted to the mayor for comments and
recommendation. Within sixty days after receipt, the mayor will submit the list to the council with
comments and recommendations. The council shall, by resolution, select the land or lands to be
preserved. Under no circumstances shall the purchase price paid for a property exceed the appraised
value as prepared by an independent appraiser engaged by the County. Where there are multiple lands
under consideration at any one time, priority shall be given to coastal lands and lands where matching
funding is available to leverage the County contribution.
(b) Negotiations for acquisition of lands to be preserved shall occur between the County and the seller or its
commissioned agent, or a licensed broker only. The commission shall have no role in the negotiations
other than in its advisory capacity.
(c) Appraisals, title reports, surveying and other costs incidental to the acquisition of land shall be permitted
uses of this fund. These costs shall be allocated equally between the seller and the buyer.
(d) Adequate staff to carry out the provisions of this article and to manage the land acquired shall be
provided in the department of finance to maximize the use of available funds by minimizing the payment
of commission to outside agents to put together funding plans and to ensure that the County is a good
steward of any land that comes under its control through this article.
(2005, Ord. No. 05 -166, sec. 5.)
Article 43. Budget Stabilization Fund.
Section 2 -219. Creation of fund.
Pursuant to section 10 -12, Hawaii County Charter 2000, a special fund to be known as the budget
stabilization fund is created for the purpose of meeting general fund revenue shortfalls and to minimize the
need for budget cuts or tax increases. The budget stabilization fund shall be a temporary supplemental source
of funds for the County to use during times of financial hardships while a plan for cost reduction or revenue
enhancement is developed.
(2006, Ord. No. 06 -101, sec. 1.)
Section 2 -220. Funding.
Each fiscal year following the creation of the budget stabilization fund, moneys shall be transferred to this
fund as recommended by the mayor and approved by the council.
(2006, Ord. No. 06 -101, sec. 1.)
SUPP.2 (7 -2006) 2 -66
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Summary of Waipi`o Acquisition
Based on recommendations by the Public Access, Open Space and Natural Resources
Preservation Commission, the Mayor and as authorized by the Hawaii County Council, the
County of Hawaii has purchased an approximately 1.804 acre parcel (see attached aerial map)
of land at Waipi`o Lookout Point for $900,000 from the Revocable Living Trust of Rose
Catherine Rice effective October 5, 2007. This is the first purchase of qualified lands on a
prioritized list for preservation by the Hawaii County Public Access, Open Space, and Natural
Resources Preservation Commission.
The property was acquired through the County's Public Access, Open Space, and Natural
Resources Preservation Fund, established in December 2005 to acquire lands deemed worthy of
preservation.
The approval of Resolution 427 -06 dated August 23, 2006 (see attached resolution) by
the Hawaii County Council authorized the County to enter into negotiations for the acquisition
of the Waipi`o property. The resolution notes the property's significance as a gateway to
Waipi`o Valley that would enhance the existing County -owned Waipi`o Lookout facilities. The
purchase also complements the Waipi`o community's new outreach program that provides safety
information and education about the valley's important cultural and natural resources.
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COUNTY OF HAWAII
RESOLUTION NO.
STATE OF HAWAII
427 OG
A RESOLUTION REQUESTING THAT THE MAYOR ENTER INTO NEGOTIATIONS FOR
THE ACQUISITION OF TMK (3) 4 -8- 004:006, WAIPI`O LOOKOUT POINT (RICE
PARCEL).
WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Fund was
established in 2005, by Ordinance No. 05 -166, as codified in chapter 2, article 42, of the Hawaii
County Code 1983 (2005 Edition, as amended); and
WHEREAS, section 2- 214(d), Hawaii County Code 1983 (2005 Edition, as amended),
provides that the Public Access, Open Space, and Natural Resources Preservation Fund shall be used
for acquiring lands or property entitlements in the County of Hawaii for the following purposes:
(1) Public outdoor recreation and education, including access to beaches and mountains;
(2) Preservation of historic or culturally important land areas and sites;
(3) Protection of natural resources, including buffer zones;
(4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands;
and
(5) Protection of watershed lands to preserve water quality and water supply; and
WHEREAS, section 2 -215, Hawaii County Code 1983 (2005 Edition, as amended), provides
for the establishment of a Public Access, Open Space, and Natural Resources Preservation
Commission (hereinafter the "Commission "); and
WHEREAS, section 2- 217(1), Hawaii County Code 1983 (2005 Edition, as amended),
provides that among the duties and responsibilities of the Commission is the development and
submittal to the Mayor of an island -wide prioritized list of qualifying lands worthy of preservation; and
WHEREAS, in its prioritized list to the Mayor dated April 5, 2006, the Commission awarded
the Waipi`o Lookout Point parcel (also referred to as the "Rice Parcel "), more particularly designated
as tax map key parcel (3) 4 -8- 004:006 and comprised of approximately 1.804 acres, as shown on the
map attached hereto as Exhibit "A" and by reference made a part hereof (hereinafter the "Property "),
its second highest criteria score of 83 per cent for acquisition purposes and ranked it as a "high priority
because the Property is presently listed for sale"; and
WHEREAS, the Commission listed the following reasons for the Property's significance to the
County of Hawaii:
• "It is located as the gateway to Waipi`o Valley."
• "It would enhance the existing County Waipi`o Lookout Facilities by providing safety,
cultural, and historic information to visitors and residents."
• "It could also provide additional parking to the Lookout area.
• "In addition, it might serve as a future Ranger Station "; and
WHEREAS, Waipi`o Valley is steeped in historical and cultural significance, as:
• Kamehameha I was secretly raised in Waipi`o Valley after escaping court assassins at
birth.
• Liloa, a High Chief revered for his peaceful reign, reconstructed temples in Waipi`o
Valley.
• Waipi`o Valley is the site of the sacred compounds, Hale o LYloa and Paka`alana Heiau.
• Two ancient fishponds, Lalakea and Muliwai Fishponds are located within Waipi`o
Valley.
• Waipi`o Valley has been home to Native Hawaiians since 800 A.D.
• Currently, approximately 150 acres of kalo (taro) are planted in Waipi`o Valley,
creating a direct and tangible lifeline to the ancestors of this valley in specific and
Hawaii as a whole.
• Residents of Waipi`o Valley conduct educational programs for thousands of students
and other visitors with a thirst for knowledge about Hawaiian culture; and
WHEREAS, public access to and preservation of Waipi`o Valley and its pristine beach area
are in jeopardy and may be lost unless this historic area can be properly protected and regulated, which
the acquisition of the Property would significantly help to ensure; and
WHEREAS, if the Property is purchased by a private party, the future use of this most
significant historical and cultural area may be determined by the purchaser, possibly without input
from residents of Waipi`o Valley and Kukuihaele and the Native Hawaiian community; and
WHEREAS, the residents of Waipi`o Valley and Kukuihaele have been working with the
County to establish a Ranger Program in an effort to help educate students and visitors while
protecting the sanctity and sacred nature of Waipi`o Valley, with the County Department of Research
and Development being awarded a $60,000 grant for establishment of such a Ranger Program; and
WHEREAS, as mentioned in the Commission's prioritized list to the Mayor, the Property
would be suitable and could very well serve as a future Ranger Station; and
WHEREAS, section 2- 218(a), Hawaii County Code 1983 (2005 Edition, as amended),
provides, in pertinent part, that: "The Council shall, by resolution, select the land or lands to be
preserved.... "; and
WHEREAS, section 2- 218(d), Hawaii County Code 1983 (2005 Edition, as amended),
provides that: "Adequate staff to carry out the provisions of this article and to manage the land
acquired shall be provided in the department of finance to maximize the use of available funds by
minimizing the payment of commission to outside agents to put together funding plans and to ensure
that the County is a good steward of any land that comes under its control through this article.'; and
WHEREAS, the acquisition of the Property may be financed from the following funding
sources:
(1) Public Access, Open Space, and Natural Resources Preservation Fund as set forth in
chapter 2, article 42, Hawaii County Code 1983 (2005 Edition, as amended); and/or
(2) General Fund's fund balance; and/or
(3) Capital Project Fund's fund balance; and/or
(4) Revenues derived from the sale of County lands.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that the Mayor is requested to enter into negotiations for the acquisition of the Waipi`o
Lookout Point parcel (also referred to as the "Rice Parcel "), more particularly designated as tax map
key parcel (3) 4 -8- 004:006 and comprised of approximately 1.804 acres, which was awarded the
second highest criteria score by the Public Access, Open Space, and Natural Resources Preservation
Commission on its prioritized list of qualifying lands worthy of preservation dated April 5, 2006.
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate
any funding mechanisms required for the acquisition of the Property in accordance with the terms of
this resolution.
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution
to the Mayor and the Director of Finance.
Dated at Hilo Hawaii, this 23rd day of August 2006.
INTRODUCED BY:
\J
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on August 23, 2006
ATTEST:
oe
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER
Reference: C- 1015 /Waived EC
RESOLUTION NO. 427 06
l:
AYES
NOES
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X
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X
HOLSCHUH
X
IKEDA
X
ISBELL
X
JACOBSON
X
PILAGO
X
SAFARIK
X
9
0
0
0
Reference: C- 1015 /Waived EC
RESOLUTION NO. 427 06
l:
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Commission Training
➢ "Open Space and Land Conservation: Historic Trends and Future Prospects"
Teleconference
On January 17, 2007, a teleconference held by Lorman Education Services provided the
Commissioners with information on resources available to foster conservation funding, planning
and closing transactions for the preservation of open space. This highlighted on the conservation
of open space as an ongoing issue across the country and the availability of new funding sources
and opportunities.
➢ "Understanding the New Tax Incentives: Conservation Easements & Other
Charitable Contributions" Workshop
On May 30, 2007, The Hawaii Island Land Trust and The Nature Conservancy convened
a full -day workshop at the King Kamehameha Kona Beach Hotel, "Understanding the New Tax
Incentives: Conservation Easements & Other Charitable Contributions." The faculty for the
workshop were attorneys William Hutton, Ellen Fred, and Jocelyn Garovoy from the law firm
Coblentz, Patch, Duffy & Bass, LLP as well as tax attorney and ranch land asset manager
Gregory Hendrickson from the Hokukano Ranch and Kealakekua Heritage Ranch. They were
joined by appraiser Paul Cool of John Child & Company based in Honolulu.
The workshop introduced the concept of conservation easements, and covered the
Internal Revenue Code and Regulations pertaining to tax - deductible donated conservation
easements and bargain sales, including the "conservation purposes" test that a conservation
easement must satisfy to be considered a deductible charitable contribution. The faculty
addressed specific components of the Hawaii enabling legislation for conservation easements,
Hawaii Revised Statutes Section 198, and worked through specific examples of how an
individual landowner donating a conservation easement or selling it to a government agency or
land conservation organization for below- market value can benefit from income and estate tax
incentives. The workshop faculty also reviewed and discussed each provision of a sample
conservation easement for a real ranch property in Hawaii. The faculty also addressed issues
that may arise with respect to amending a conservation easement.
Some of the tax benefits discussed was as follows: for qualifying conservation easements,
a landowner may take an income tax deduction, based on the appraised value of the conservation
easement, of up to 30% of his /her adjusted gross income with a carry forward period of 5
additional years to utilize the deduction. Additional income tax incentives are available under
the Pension Protection Act of 2006.1 A conservation easement can also reduce the estate tax
burden on the next generation of landowners who inherit land from their families. By limiting
the allowable uses of the property and restricting development rights, a conservation easement
effectively devalues the property, and thereby reduces the value of that property as it enters the
taxable estate. For families with few other assets aside from their land, a conservation easement
can help keep family lands in the family, rather than having those who inherit the property and
the estate tax bill be forced to sell the property to pay estate taxes.
Additional information from the workshop is available in the workshop materials on file
with the PAOSNRP Commission, or by contacting the workshop faculty at Coblentz Patch Duffy
& Bass, LLP at (415) 772 -5725 or jbg @cpdb.com, or the workshop's lead sponsor, the Hawaii
Island Land Trust.
1 Under the Pension Protection Act of 2006, which expires at the end of 2007 but may be extended by Congress in
the future, a landowner may take an income tax deduction based on the appraised value of the conservation
easement of up to 50% of his/her adjusted gross income, with a carry forward period of 15 additional years.
Qualifying farmers and ranchers who earn at least 50% of their gross income from farming or ranching activities
may take an income tax deduction based on the appraised value of a donated conservation easement of up to 100%
of their adjusted gross income for up to 15 years.
COUNTY OF HAWAII
PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION COMMISSION
2007 Suggestion Form
for Lands and/or Property Entitlements for Acquisition
The Public Access, Open Space, and Natural Resources Preservation Commission is taking suggestions
for sites or projects to improve upon public access, open space, and natural resources preservation,
pursuant to Chapter 2, Article 42, of the Hawaii County Code. Please use the form below to tell the
Commission about a place or access you would like to see protected.
Please use one form per suggestion.
Name of site or project:
Location or Address:
Tax Map Key (TMK) number(s):
Acreage:
Provide (as Attachment A) a TMK map with the property boundaries and /or proposed
access outlined or highlighted.
❑Puna ❑S. Hilo ❑N. Hilo ❑Hamakua ❑N. Kohala ❑S. Kohala
❑N. Kona ❑S. Kona ❑Ka`u
Landowner(s):
Purpose of suggested site (for public acquisition) or project (please check those that apply)
❑ Public outdoor recreation and education, ❑ Preservation of forests,
including access to beaches and beaches, coastal areas, natural
mountains beauty, and agricultural lands
❑ Preservation of historic or culturally ❑ Protection of watershed lands
important land areas and sites to preserve water quality and
water supply
❑ Protection of natural resources, including
buffer zones
1001, Provide (as Attachment B) clear statements detailing how public acquisition would fulfill one
or more of the above purposes. Also, explain what is the intent, long term vision, and /or
strategy of this proposed acquisition or project?
101, Provide (as Attachment C), if available, additional community endorsements for this
proposed acquisition or project through letters of support or other means. In addition,
please identify community organizations or individuals that could be contacted for further
information about this proposed acquisition or project. Also, identify community
organizations or individuals who are willing to be part of the long -term management/
maintenance of this property.
Provide (as Attachment D) other documentation relating to the suggested site or project that
would assist Commission in their assessments. Do not send original documents or pictures
as they will not be returned.
APPENDIX 5 Page 1 of 2
How would the general public benefit from this proposed acquisition or project?
Any reported urgency? ❑No ❑Unknown ❑Yes If yes, please describe.
Is there a special opportunity for acquisition that presently exists (i.e. special funding available,
landowner willing to participate in process, etc.)? ❑No ❑Unknown ❑Yes
If yes, please describe.
Has partnering with other government agencies, private, or nonprofit entities to leverage
resources been identified? ❑No ❑Unknown ❑Yes If yes, please describe.
Are the land or property entitlements available for acquisition? ❑No ❑Unknown ❑Yes
Are there other methods of protection in addition to acquisition that would accomplish protection
of resources? ❑No ❑Unknown ❑Yes If yes, please describe.
Contact Name:
Mailing Address:
Phone/Fax:
E -mail:
Please send completed forms to: Public Access, Open Space & Natural Resources Preservation Commission
c/o 101 Aupuni Street, Suite 325
Hilo, Hawaii 96720
Fax: (808) 961 -8622
For further information contact: Stacie Waltjen at 961 -8251
For online information go to: http:// www. hawaii- county.com/finance /ponc.htm
SUGGESTIONS FOR 2007 ARE DUE ON OR BY JUNE 29, 2007
(Suggestions received after this date will be considered in 2008.)
FOR OFFICE USE ONLY:
Date Recd. Attachments: ❑ A ❑ B ❑ C ❑ D ❑ Other
Page 2 of 2
COUNTY OF HAWAIli
PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION COMMISSION
2007 Assessment Criteria Form
Name of Site or Project:
Location or Address:
Ahu ua`a:
❑Puna ❑S. Hilo ❑N. Hilo ❑Hamakua ❑N. Kohala ❑S. Kohala
❑N. Kona ❑S. Kona ❑Ka`u
TMK: Acreage:
Landowner(s):
Anticipated Use:
Purpose of suggested site (for public acquisition) or project:
❑ Public outdoor recreation and education, ❑ Preservation of forests,
including access to beaches and beaches, coastal areas, natural
mountains beauty, and agricultural lands
❑ Preservation of historic or culturally
important land areas and sites
❑ Protection of natural resources, including
buffer zones
County Zoning
State Land Use
SMA
Flood Zone
Hazards / Constraints
Wetlands
Archaeology / Historic Sites
SCORES
Criteria 1
Listed_ in Hawaii County
Fixed Assets
Criteria 2
Listed in Inventory of Public
Shoreline Access 1979)
Criteria 3
Listed in Hawaii State
Register of Historic Places
Criteria 4
Existing Legal Public Access
SUM (Criteria 1 -4)
Final Score (SUM + 4)
Management/Maintenance
Partnership Identified
Assessed By:
❑ Protection of watershed lands
to preserve water quality and
water supply
Special Funding Opportunity
Possible Cost
Identified in 2005 General Plan
CATEGORY
SCORES
Criteria 1
Criteria 2
Criteria 3
Criteria 4
SUM (Criteria 1 -4)
Final Score (SUM + 4)
Date:
(rev. 2/12/07) Page 1 of 4
CRITERIA SCORING: 0 = No
1= Unknown (needs more assessment /research)
2 = Somewhat (site only partially meets criteria)
3 = Yes
Criteria 1: Assesses whether the land or property entitlements meets
the purposes of Public Access, Open Space, & Natural Resources Preservation
Fund pursuant to Chapter 2, Article 42 of the Hawaii County Code 1983
(2005 Edition).
Total (15) Criteria 1
(rev. 2/12/07) Page 2 of 4
Public outdoor recreation and education, including access to beaches and mountains
Preservation of historic or culturally important land areas and sites
Protection of natural resources, including buffer zones
Preservation of forests, beaches, coastal areas, natural beauty, and agricultural lands
Protection of watershed lands to preserve water quality and water supply
Total (15) Criteria 1
(rev. 2/12/07) Page 2 of 4
Criteria 2: Assesses whether the land or property entitlements coheres to and
furthers the vision and goals of Hawaii County's 2005 General Plan.
Total (15) Criteria 2 %
(rev. 2/12107) Page 3 of 4
12.2 Recreation - GOALS
(a) Provide a wide variety of recreational opportunities for the residents and visitors
of the County.
(b) Maintain the natural beauty of recreation areas.
(c) Provide a diversity of environments for active and passive pursuits.
6.2 Historic Sites - GOALS
(a) Protect, restore, and enhance the sites, buildings, and objects of significant historical
and cultural importance to Hawaii.
(b) Appropriate access to significant historic sites, buildings, and objects of public
interest should be made available.
8.2 Natural Resources & Shoreline - GOALS
(a) Protect and conserve the natural resources from undue exploitation, encroachment
and damage.
(c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant
environmental and natural resources.
(d) Protect rare or endangered species and habitats native to Hawaii.
(e) Protect and effectively manage Hawaii's open space, watersheds, shoreline, and
natural areas.
7.2 Natural Beauty - GOALS
(a) Protect, preserve and enhance the quality of areas endowed with natural beauty,
including the quality of coastal scenic resources.
(b) Protect scenic vistas and view planes from becoming obstructed.
(c) Maximize opportunities for present and future generations to appreciate and enjoy
natural and scenic beauty.
14.2.2 Land Use (Agriculture) - GOALS
(a) Identify, protect and maintain important agriculture lands on the island of Hawaii.
(b) Preserve the agricultural character of the island.
4.2 Environmental Quality - GOALS
(a) Define the most desirable use of land within the County that achieves an ecological
balance providing residents and visitors the quality of life and an environment in which
the natural resources of the island are viable and sustainable.
(b) Maintain and, if feasible, improve the existing environmental quality of the island.
Total (15) Criteria 2 %
(rev. 2/12107) Page 3 of 4
Criteria 3: Assesses the level of community support, including reported
urgency, based on the community input process.
Total (9) Criteria 3
Criteria 4: Assesses whether the land or property entitlements could be
acquired using the Public Access, Open Space, & Natural Resources
Preservation Fund and /or other means.
Additional testimony and/or letters of support received for site or project.
• Partnering with other government agencies, private, or nonprofit entities to
leverage resources has been identified.
Benefit to the general public.
Land or property entitlements are available for acquisition.
Reported urgency.
Total (9) Criteria 3
Criteria 4: Assesses whether the land or property entitlements could be
acquired using the Public Access, Open Space, & Natural Resources
Preservation Fund and /or other means.
Total (9) Criteria 4 %
(rev. 2/12/07) Page 4 of 4
Acquisition is feasible through the Fund and/or other means.
• Special opportunity for acquisition presently exists (i.e. special funding
available, landowner willing to participate in process, etc.).
• Partnering with other government agencies, private, or nonprofit entities to
leverage resources has been identified.
Land or property entitlements are available for acquisition.
Total (9) Criteria 4 %
(rev. 2/12/07) Page 4 of 4
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COUNTY OF HAWAII
I A G T
STATE OF HAWAII
RESOLUTION NO. 169 07
( DRAFT 3 )
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF PUNALU`U BEACH PARK, NINOLE
POND AND ADJACENT LANDS IN THE DISTRICT OF KA`U, PURSUANT TO
CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE.
WHEREAS, chapter 2, article 42, Hawaii County Code, established the Public
Access, Open Space, and Natural Resources Preservation Commission; and
WHEREAS, section 2 -214, Hawaii County Code, established the Public Access,
Open Space, and Natural Resources Preservation Fund; and
WHEREAS, section 2 -217, Hawaii County Code, provides that the Public
Access, Open Space, and Natural Resources Preservation Commission's first duty and
responsibility is, "To develop and submit to the Mayor, an initial island -wide prioritized
list of qualifying lands worthy of preservation ..., Priorities shall be listed on an island -
wide rather than district basis.... "; and
WHEREAS, the Public Access, Open Space, and Natural Resources Preservation
Commission did forward its initial list to the Mayor on April 5, 2006, establishing the
purchase of Punalu`u Beach Park and adjacent lands, as the number three priority, and
assigning it a 70% criteria score; and
WHEREAS, the Mayor forwarded the report of the Public Access, Open Space,
and Natural Resources Preservation Commission along with his recommendation to the
Hawaii County Council on May 18, 2006, that Punalu`u Beach Park and adjacent lands,
become the number two priority for purchase, citing the fact their high potential for
development; and
WHEREAS, the Public Access, Open Space, and Natural Resources Preservation
Commission did forward its updated list to the Mayor on December 27, 2006,
establishing the purchase of Punalu`u Beach Park, Ninole Pond and adjacent lands, as the
number four priority, and assigning it an 84% criteria score; and
WHEREAS, the County currently leases some of this land for restrooms,
showers, picnic tables, pavilions and camping areas, and the Public Access, Open Space,
and Natural Resources Preservation Commission identified the significance of the area's
coastal, natural, and cultural resources and its public access for recreation, and;
WHEREAS, because of its cultural significance, easily accessible shoreline,
historic use as a park, importance as habitat for the Green Sea Turtle (honu), nesting use
by the Hawksbill Turtle (honu`ea), use for overflights and as a nesting area for `ua`u
(Hawaiian Petrel) and `ake`ake (Band - rumped Storm- petrel), as well as its general
location in the region, ensuring this area is held in perpetuity as Open Space is critical for
the surrounding community, area residents and the Native Hawaiian community, as well
as to preserve endangered species habitat and pristine ocean water quality; and
WHEREAS, section 2 -218 (a) states "...Where there are multiple lands under
consideration at any one time, priority shall be given to coastal lands and lands where
matching funding is available to leverage the County contribution "; and
WHEREAS, in the interest of protecting the delicate shoreline from development
and destruction, county ownership of this area shall commence at the certified shoreline
extending at least 2000 feet inland, and shall include approximately 150 acres, including
all lands within 2000 feet of the certified shoreline, bounded on the south by TMK 9 -5-
019 -028 and bounded on the north by TMK 9 -6- 002 -006, that are not currently occupied
with homes, condos or golf clubhouse or parking related to those occupied parcels; and
WHEREAS, portions of the properties to be acquired are covered by TMK(S): 9-
6- 001 -001; 9 -6 -001 -002; 9 -6- 001 -003; 9 -6- 001 -006; 9 -6- 001 -011; 9 -6 -001 -012; 9- 6 -001-
013; 9 -6- 002 -008; 9 -6- 002 -037; 9 -6- 002 -038 (except for the portion of the property with
the established residence consisting of one single family home); 9 -6- 002 -041; 9- 6 -002-
053; 9- 5- 019 -011; 9 -5 -019 -015; 9 -5- 019 -026; 9 -5 -019 -035 and this area is also known as
Punalu`u Beach Park, Ninole Pond and Adjacent Lands, in the district of Ka`u; and
WHEREAS, section 2 -217 (A) provides that, "The commission shall give
emphasis to land acquisitions where the County's contribution can be leveraged to obtain
State, Federal, and /or private funds "; and
WHEREAS, to ensure serving the public interests in accessing and utilizing the Punalu`u
area into the future, community members, community groups, governmental entities,
professionals, academics, and other people with expertise in: economics, education, Hawaiian
cultural practices, marine biology, community building, facility management, shoreline
management, fishpond and wetlands restoration, archeology, public safety, fundraising and other
pertinent skills are encouraged to work together to form a non - profit organization whose sole
purpose is the conservation and park management of Punalu`u Bay and shoreline park areas.
Many community members and professionals have been working on a management agreement
and plan for the area that will include best practices for resource management and use. The
community is invited to work with park professionals, with the scientific and educational
community, and other grassroots community members to promote good management of the
Punalu`u resource; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII
that the Director of Finance shall enter into negotiations for the acquisition of Punalu`u
Beach Park, Ninole Pond and Adjacent Lands, pursuant to the terms of this resolution;
and
BE IT FURTHER RESOLVED that the County Clerk will forward a certified
copy of this resolution to the Department of Land and Natural Resources for
commencement of a shoreline certification for this area.
BE IT FURTHER RESOLVED that the Director of Finance is hereby
authorized to initiate any funding mechanisms required for the acquisition of Punalu`u
Beach Park, Ninole Pond and Adjacent Lands, in accordance with Chapter 2, article 42,
relating to the Public Access, Open Space, and Natural Resources Preservation Fund.
BE IT FURTHER RESOLVED the Hawaii County Council welcomes individuals who
are willing to share their expertise and engage with others in an open process to form a new non-
profit solely dedicated to the management of new Punalu`u Park; and
BE IT FURTHER RESOLVED that discretionary funds from District 6 shall be
provided for facilitation services through Research and Development or by contract if the
community desires help in building a community based non - profit organization; and
BE IT FURTHER RESOLVED that the Hawaii County Department of Parks and
Recreation and Hawaii County Land Management Division shall select a community based non-
profit organization to manage this park that contains diverse community membership with
expertise in the following areas: economics, education, Hawaiian cultural practices, marine
biology, community building, facility management, shoreline management, fishpond and
wetlands restoration and conservation, archeology, public safety, fundraising and other pertinent
skills needed to manage this public resource; and
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of
this resolution to the Mayor, the Director of Finance, Governor Linda Lingle, the Director
of the Department of Land and Natural Resources, Senator Daniel Inouye, Senator Daniel
Akaka, Congressman Neil Abercrombie, and Congresswoman Mazie Hirono.
Dated at Kona , Hawai`i, this 19th day of September2007
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County ofHawai` ion September 19, 2007
ATTEST:
J�
s,40TWWW-'ff4Wi.S1D1NG OFFICER
INTRODUCED BY:
COUNC EMBER, COUNTY OF HAWAII
ROLL CALL VOTE
Reference: C- 349.543/FC -129
RESOLUTION NO. 169 07
AYES
NOES
ABS
EX
FORD
X
HIGA
X
HOFFMANN
X
IKEDA
X
JACOBSON
X
NAEOLE
X
PILAGO
X
YAGONG
X
YOSHIMOTO
X
5
4
0
0
Reference: C- 349.543/FC -129
RESOLUTION NO. 169 07
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 286 07
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF WAI`ELE IN THE DISTRICT OF
PUNA, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE, 1983
(2005 EDITION, AS AMENDED).
WHEREAS, chapter 2, article 42, Hawaii County Code, established the Public Access,
Open Space, and Natural Resources Preservation Commission (Commission); and
WHEREAS, section 2 -214, Hawaii County Code, established the Public Access, Open
Space, and Natural Resources Preservation Fund; and
WHEREAS, section 2 -217, Hawaii County Code, provides in pertinent part that the
Commission's first duty and responsibility is, "To develop and submit to the Mayor an initial
island -wide prioritized list of qualifying lands worthy of preservation..." and for the priorities to
be "...listed on an island -wide rather than district basis "; and
WHEREAS, the Commission did forward its initial list to the Mayor on April 5, 2006
and then its updated list to the Mayor on December 27, 2006; and
WHEREAS, on the Commission's updated list, Wai`ele is listed as the number -seven
priority and assigned an 80 per cent criteria score; and
WHEREAS, the Commission identified the significance of Wai`ele's cultural and
historical sites, that it holds one of the last hala groves in this area, that it is adjacent to Kahuwai,
a site with existing educational programs, and that it is adjacent to the Nanawale Forest Reserve;
and
WHEREAS, the Commission anticipated Wai`ele being utilized for swimming,
snorkeling, picnicking, fishing, camping, and for traditional gathering practices, namely for
lauhala and la`au lapa`au; and
WHEREAS, the Commission deemed Wai`ele a priority for purchase as there is a
groundswell of community support for its acquisition and because it is currently on the market
for sale; and
WHEREAS, section 2- 218(a), Hawaii County Code, in pertinent part, states, "Where
there are multiple lands under consideration at any one time, priority shall be given to coastal
lands and lands where matching funding is available to leverage the County contribution"; and
WHEREAS, in the interest of protecting one of Puna's limited access points to the
shoreline, portions of the properties at Wai`ele to be acquired are covered by Tax Map Keys
(TMK) 1 -4 -03 -003 and 1 -4 -03 -037; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
director of finance is authorized to enter into negotiations for the acquisition of Wai`ele in the
District of Puna, pursuant to the terms of this resolution; and
BE IT FURTHER RESOLVED that the director of finance is hereby authorized to
initiate any funding mechanisms required for the acquisition of Wai`ele, in accordance with
chapter 2, article 42, Hawaii County Code, relating to the Public Access, Open Space, and
Natural Resources Preservation Fund and Commission; and
BE IT FURTHER RESOLVED that the Hawaii County Council welcomes individuals
who are willing to share their expertise and engage with others in an open process to form a new
non - profit solely dedicated to the management of Wai`ele; and
BE IT FURTHER RESOLVED that Contingency Relief funds from District 5 would be
provided for facilitation services through the Department of Research and Development or by
contract if the community desires help in building a community -based non - profit organization;
and
BE IT FURTHER RESOLVED that the Hawaii County Department of Parks and
Recreation and Hawaii County Land Management Division is requested to select a community-
based non - profit organization that contains diverse community membership, namely with
expertise in economics, education, Hawaiian cultural practices, shoreline management,
fundraising and community building, and any other necessary skills to manage this public
resource; and
2
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this
resolution to Mayor Harry Kim, the director of finance, Governor Linda Lingle, the director of
the Department of Land and Natural Resources, Senators Daniel Inouye and Daniel Akaka, and
Representatives Neil Abercrombie and Mazie Hirono.
Dated at Kona Hawaii, this 6th day of September , 2007.
INTRODUCED BY:
COUNCIL IEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County ofHawai`ion September 6, 2007
ATTEST:
COUNTY CLERK CHAIRMAN
OFFICER
ROLL CALL VOTE
C- 569 /FC -137
RESOLUTION NO. 2i8' 6 07
AYES
NOES
ABS
EX
FORD
X
HIGA
X
HOFFMANN
X
IKEDA
X
JACOBSON
g
NAEOLE
X
PILAGO
X
YAGONG
x
YOSHIMOTO
X
8
0
1
0
C- 569 /FC -137
RESOLUTION NO. 2i8' 6 07
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 287 07
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF HONOLULU LANDING IN THE
DISTRICT OF PUNA, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY
CODE 1983 (2005 EDITION, AS AMENDED).
WHEREAS, chapter 2, article 42, Hawaii County Code, established the Public Access,
Open Space, and Natural Resources Preservation Commission (Commission); and
WHEREAS, section 2 -214, Hawaii County Code, established the Public Access, Open
Space, and Natural Resources Preservation Fund; and
WHEREAS, section 2 -217, Hawaii County Code, provides in pertinent part that the
Commission's first duty and responsibility is, "To develop and submit to the Mayor an initial
island -wide prioritized list of qualifying lands worthy of preservation..." and for the priorities to
be "...listed on an island -wide rather than district basis "; and
WHEREAS, the Commission did include Honolulu Landing on its initial list forwarded
to the Mayor on April 5, 2006 and also on its updated list to the Mayor on December 27, 2006;
and
WHEREAS, on the Commission's updated list, Honolulu Landing is ranked as the
number -five priority and assigned an 85 per cent criteria score; and
WHEREAS, Honolulu Landing is identified in the 2005 Hawaii County General Plan as
both an important site for protection and an area that should be developed for recreational use;
and
WHEREAS, the area, along with having ample opportunities for swimming, snorkeling,
picnicking, camping and fishing, contains significant cultural and historical sites; and
WHEREAS, section 2- 218(a) states, in pertinent part, "Where there are multiple lands
under consideration at any one time, priority shall be given to coastal lands and lands where
matching funding is available to leverage the County contribution "; and
WHEREAS, in the interest of protecting access to Puna's coastline and ensuring there
are recreational opportunities for residents of Hawaii and tourists, portions of the properties to
be acquired are covered by Tax Map Keys (TMK) 1 -4 -3:19 and 1 -4 -3:20; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
director of finance is authorized to enter into negotiations for the acquisition of Honolulu
Landing in the District of Puna, pursuant to the terms of this resolution; and
BE IT FURTHER RESOLVED that the director of finance is hereby authorized to
initiate any funding mechanisms required for the acquisition of Honolulu Landing, in accordance
with chapter 2, Article 42, relating to the Public Access, Open Space, and Natural Resources
Preservation Fund and Commission; and
BE IT FURTHER RESOLVED that the Hawaii County Council welcomes individuals
who are willing to share their expertise and engage with others in an open process to form a new
non - profit solely dedicated to the management of Honolulu Landing; and
BE IT FURTHER RESOLVED that Contingency Relief funds from District 5 would be
provided for facilitation services through the Department of Research and Development or by
contract if the community desires help in building a community -based non - profit organization;
and
BE IT FURTHER RESOLVED that the Hawaii County Department of Parks and
Recreation and Hawaii County Land Management Division is requested to select a community-
based non -profit organization that contains diverse community membership, namely with
expertise in economics, education, Hawaiian cultural practices, shoreline management,
fundraising and community building, and any other necessary skills to manage this public
resource; and
2
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this
resolution to Mayor Harry Kim, the director of finance, Governor Linda Lingle, the director of
the Department of Land and Natural Resources, Senators Daniel Inouye and Daniel Akaka, and
Representatives Neil Abercrombie and Congresswoman Mazie Hirono.
Dated at Kona Hawaii, this 6th day of September , 2007.
INTRODUCED BY:
COUNCIL YfEMBER, COUNTY OF HAWAII
COUNTY COUNCI
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County ofHawai`ion September 6, 2007
ATTEST:
COUNTY CLERK CHAIRMAN & P SIDING OFFICER
ROLL CALL VOTE
Reference: C- 570/FC-138
RESOLUTION NO. 287 07
AYES
NOES
ABS
EX
FORD
X
HIGA
x
HOFFMANN
x
IKEDA
X
JACOBSON
X
NAEOLE
X
PILAGO
X
YAGONG
X
YOSHIMOTO
X
1
0
Reference: C- 570/FC-138
RESOLUTION NO. 287 07
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 288 Oi
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF CAPE KUMUKAHI IN THE
DISTRICT OF PUNA, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY
CODE 1983 (2005 EDITION, AS AMENDED).
WHEREAS, chapter 2, article 42, Hawaii County Code, established the Public Access,
Open Space, and Natural Resources Preservation Commission (Commission); and
WHEREAS, section 2 -214, Hawaii County Code, established the Public Access, Open
Space, and Natural Resources Preservation Fund; and
WHEREAS, section 2 -217, Hawaii County Code, provides, in pertinent pdrt, that the
Commission's first duty and responsibility is, "To develop and submit to the Mayor an initial
island -wide prioritized list of qualifying lands worthy of preservation..." and for the priorities to
be "...listed on an island -wide rather than district basis "; and
WHEREAS, the Commission did forward its initial list to the Mayor on April 5, 2006,
establishing the purchase of Cape Kumukahi as a priority for purchase, noting the need both for
recreational opportunities and for a regional coastal park in Puna; and
WHEREAS, the Commission forwarded its updated list to the Mayor on December 27,
2006, establishing the purchase of Cape Kumukahi as the number -six priority, assigning it an 83
per cent criteria score; and
WHEREAS, Cape Kumukahi is mentioned in the 2005 Hawaii County General Plan as
an important site for protection; and
WHEREAS, the Commission also noted the need to protect the threatened turtles at
Cape Kumukahi, along with its value as being one of the few sand beaches in the region with
shade; and
WHEREAS, section 2- 218(a) states, in pertinent part, "Where there are multiple lands
under consideration at any one time, priority shall be given to coastal lands and lands where
matching funding is available to leverage the County contribution "; and
WHEREAS, section 2- 217(4) states, "The Commission shall give emphasis to land
acquisitions where the County's contribution can be leveraged to obtain State, Federal and /or
private funds "; and
WHEREAS, the portion of property to be acquired is covered by Tax Map Key (TMK)
1 -4- 002 -052, the area known as Cape Kumukahi; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
director of finance is authorized to enter into negotiations for the acquisition of Cape Kumukahi
in the District of Puna, pursuant to the terms of this resolution; and
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to
initiate any funding mechanisms required for the acquisition of Cape Kumukahi, in accordance
with chapter 2, article 42, Hawaii County Code, relating to the Public Access, Open Space, and
Natural Resources Preservation Fund and Commission; and
BE IT FURTHER RESOLVED that the Hawaii County Council welcomes individuals
who are willing to share their expertise and engage with others in an open process to form a new
non - profit solely dedicated to the management of Cape Kumukahi; and
BE IT FURTHER RESOLVED that Contingency Relief funds from District 5 would be
provided for facilitation services through the Department of Research and Development or by
contract if the community desires help in building a community -based non - profit organization;
and
BE IT FURTHER RESOLVED that the Hawaii County Department of Parks and
Recreation and Hawaii County Land Management Division is requested to select a community-
based non - profit organization that contains diverse community membership, namely with
expertise in economics, education, Hawaiian cultural practices, shoreline management,
fundraising and community building, and any other necessary skills to manage this public
resource; and
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this
resolution to Mayor Harry Kim, the director of finance, Governor Linda Lingle, the director of
the Department of Land and Natural Resources, Senators Daniel Inouye and Daniel Akaka, and
Representatives Neil Abercrombie and Mazie Hirono.
Dated at Kona , Hawai`i, this 6th day of September 2007.
INTRODUCED BY:
COUNCIL EMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County ofHawai`ion September 6, 2007
ATTEST:
LL
COUNTY CLERK CHAIRMAN &(PRIESIDIDN OFFICER
ROLL CALL VOTE
Reference: C- 571 /FC -139
RESOLUTION NO. 2SI3 007
AYES
NOES
ABS
EX
FORD
X
HIGA
X
HOFFMANN
X
IKEDA
X
JACOBSON
X
NAEOLE
X
PILAGO
x
YAGONG
X
YOSHIMOTO
X
8
0
1
0
Reference: C- 571 /FC -139
RESOLUTION NO. 2SI3 007
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 4 O 4 Q to
A RESOLUTION REQUESTING THE MAYOR AND HIS ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH THE OWNER OF THE PUAPUA`A
PROPERTIES MAKAI OF ALI°I DRIVE IN ORDER TO PRESERVE NUMEROUS
PRE - HISTORIC AND HISTORIC CULTURAL SITES AND STRUCTURES,
INCLUDING A BURIAL COMPLEX AND THE KAUAKAIAKAOLA HEIAU.
WHEREAS, the Puapua`a properties are comprised of approximately 12.639 acres
located approximately two miles south of Kailua Village on the makai side of Ali`i Drive and
north of the Casa de Emdeko Condominiums, more particularly described by the following tax
map key parcels:
(3) 7 -5- 020 -022, consisting of approximately 4.2004 acres;
(3) 7 -5- 020 -024, consisting of approximately 3.0780 acres;
(3) 7 -5- 020 -028, consisting of approximately 0.0329 acres (kuleana parcel); and
(3) 7 -5- 020 -034, consisting of approximately 5.3275 acres; and
WHEREAS, the Puapua`a properties are currently owned by one entity, and have never
been developed and are vacant; and
WHEREAS, the Puapua`a properties contain numerous pre- historic and historic cultural
sites and structures, including a burial complex and the Kauakaiakaola Heiau that is described in
" Heiau of the Island of Hawaii, A Historic Survey of Native Hawaiian Temple Sites" by
William Ellis and is named by him; and
WHEREAS, the approximately 12.639 -acre Puapua`a properties were studied in detail in
an Archaeological Inventory completed by Cultural Surveys Hawaii in August of 1994 by
Hammatt, Borthwick, Collins, Heidel and Robins; and
WHEREAS, the Kauakaiakaola Heiau is built of "immense blocks of lava" with
dimensions 150 feet by 70 feet, with a smaller enclosure at the north end 60 feet long and 10 feet
wide, partitioned off by a high wall, with but one narrow entrance to the ocean -- with
indications that idols stood there at one time; and
WHEREAS, at the western side of the heiau are a number of platforms and small
enclosures that suggest house foundations, one of which is lined with lava rock, while its upper
surface is paved with smooth coral fragments; and
WHEREAS, this heiau site and surrounding properties have been bought and sold
several times, yet have never been developed; and
WHEREAS, the present owner has applied for a shoreline certification from the State
Department of Land and Natural Resources and may have submitted a subdivision application to
the Hawaii County Planning Department; and
WHEREAS, time is of the essence since it appears that the present owner is actively
pursuing development of the Puapua`a properties, placing the historic lands in imminent threat of
encroachment, and preservation of this historic area should be addressed as soon as possible; and
WHEREAS, there may be opportunities to preserve the Puapua`a properties, including
gifting of property, conservation easements, land exchanges, transfers of development rights, and
outright purchase by the County or State which could enter into a management plan with an
appropriate and qualified person or organization for the ongoing preservation and care of the
historic properties and surrounding area.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that with input from numerous Hawaiian and local citizen groups throughout the
County and State, the Council considers the Puapua`a properties among the most important
historic and cultural sites in the State, along with other West Hawaii historic sites -- Keolanahihi
(Kamoa Point), Mo`okini Heiau, together with the National Parks in West Hawaii, Pu`uhonua O
Honaunau, Kaloko- Honokohau and Pu`u Kohola, which by their very numbers indicate the
historical importance of West Hawaii to pre- contact era people and, which, by their preservation
will provide the opportunity for present -day people of Hawaii to better understand and preserve
the past; and
BE IT FURTHER RESOLVED that the Council requests the Mayor and his
Administration to move with due speed to preserve the Puapua`a properties makai of Ali`i Drive,
consisting of numerous prehistoric and historic cultural sites and structures, including a burial
complex and the Kauakaiakaola Heiau, by commencing negotiations with the present owner as
soon as possible; and
BE IT FINALLY RESOLVED that certified copies of this Resolution be delivered to
the Honorable Harry Kim, Mayor; the Department of Land and Natural Resources, State Historic
Preservation Division; the Office of Hawaiian Affairs; and the Hawaii County Public Access,
Open Space, and Natural Resources Preservation Commission.
Dated at Hilo Hawaii, this 7th day of September 2006.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
AYES NOES ABS EX
Hilo, Hawaii ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on September 7, 2006
ATTEST:
COUNTY CLERK CHAIRMAN & PRESIDING OFF R
Reference: C- 969/pC -105
RESOLUTION NO. 404 Q 6
HIGA
x
HOFFMANN
X
HOLSCHUH
x
IKEDA
X
ISBELL
X
JACOBSON
X
PILAGO
X
SAFARIK
x
9
0
0
0
Reference: C- 969/pC -105
RESOLUTION NO. 404 Q 6
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 451 OG
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY PARCELS 9 -5- 017:007,
9-5-017:005,9-5-016:025, AND 9 -5- 016:006, COMPRISING APPROXIMATELY 785.161
ACRES OF LAND, COLLECTIVELY KNOWN AS KAWA`A AND KAWA`A BAY, IN
THE DISTRICT OF KA`U, PURSUANT TO ORDINANCE NO. 05 -166.
WHEREAS, Ordinance No. 05 -166, as codified in chapter 2, article 42, of the Hawaii
County Code 1983 (2005 Edition, as amended) established the Public Access, Open Space, and
Natural Resources Preservation Commission; and
WHEREAS, Ordinance No. 05 -166, as codified in chapter 2, article 42, of the Hawaii
County Code 1983 (2005 Edition, as amended) also established the Public Access, Open Space, and
Natural Resources Preservation Fund; and
WHEREAS, section 2- 217(1) of the Hawaii County Code 1983 (2005 Edition, as
amended) provides that the Public Access, Open Space, and Natural Resources Preservation
Commission's first duty and responsibility is: "To develop and submit to the mayor, an initial
island -wide prioritized list of qualifying lands worthy of preservation within six months of being
confirmed to the commission by the council. Priorities shall be listed on an island -wide rather than
district basis. The list shall include the significance of each parcel or entitlement identified, the
reason for its priority, and its anticipated use after acquisition. "; and
WHEREAS, the Public Access, Open Space, and Natural Resources Preservation
Commission forwarded its initial list to the Mayor on April 5, 2006, establishing the purchase of
Kawa`a/Kawa`a Bay as the number one priority, assigning it an 88 per cent criteria score; and
WHEREAS, the Kawa`a/Kawa`a Bay parcels identified for preservation are comprised of
four tax map key parcels totaling approximately 785.161 acres of land, more specifically designated
as TMK 9 -5- 017:007, consisting of approximately 234.290 acres, TMK: 9 -5- 017:005, consisting of
approximately 363.188 acres, TMK: 9 -5- 016:025, consisting of approximately 106.380 acres, and
TMK: 9 -5- 016:006, consisting of approximately 81.303 acres, as shown on the map attached hereto
as Exhibit "A"; and
WHEREAS, the Mayor forwarded the report of the Public Access, Open Space, and Natural
Resources Preservation Commission to the Hawaii County Council on May 18, 2006, concurring
with the Commission's finding of Kawa`a/Kawa`a Bay as the number one priority for purchase,
citing the fact that it is currently on the market for sale; and
WHEREAS, certain cultural and historical aspects of this area are unrivaled as it is
among the earliest known population settlement areas on Hawaii Island and includes physical
remains of petroglyphs; and
WHEREAS, given the area's cultural and historical significance, easily accessible
shoreline, and general location within the region, purchase of the above listed parcels is
important to ensure that this area is held in perpetuity to preserve public access, open space, and
natural resources for area residents and the Native Hawaiian community for the continuance of
traditional and cultural practices and recreational use; and
WHEREAS, subsection 2- 218(a) of the Hawaii County Code 1983 (2005 Edition, as
amended) provides, in pertinent part: "Where there are multiple lands under consideration at any
one time, priority shall be given to coastal lands and lands where matching funding is available
to leverage the County contribution. "; and
WHEREAS, funds in the Public Access, Open Space, and Natural Resource Preservation
Fund will be used to leverage funding from the Hawaii State Forestry Program and the Federal
Forest Legacy Program; and
WHEREAS, to ensure that public interests are served into the future, the Ka`u
Preservation Society is currently working on a management agreement and plan for the
Kawa`a/Kawa`a Bay area.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that pursuant to Ordinance No. 05 -166, the Director of Finance is hereby
authorized to enter into negotiations for the acquisition of Kawa`a/Kawa`a Bay identified by the
following tax map key parcels totaling approximately 785.161 acres: 9 -5- 017:007 consisting of
approximately 234.290 acres, 9 -5- 017:005 consisting of approximately 363.188 acres, 9 -5-
016:025 consisting of approximately 106.380 acres, and 9 -5- 016:006 consisting of
approximately 81.303 acres.
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to
initiate any funding mechanisms required for the acquisition of Kawa`a/Kawa`a Bay in
accordance with the terms of Ordinance No. 05 -166.
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this
resolution to Mayor Harry Kim; the Finance Director; the Public Access, Open Space, and
Natural Resources Preservation Commission; U. S. Senator Daniel Inouye; U. S. Senator Daniel
Akaka; U. S. Representative Neil Abercrombie; and U. S. Representative Ed Case.
Dated at Hilo Hawaii, this 16th day of October 2006.
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County ofHawai`ion October 16, 2006
ATTEST:
R
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER
INTRODUCED BY:
ROLL CALL
Reference: C- 1063/FY' -336
RESOLUTION NO. 453 OG
AYES
NOES
ABS
EX
ARAKAKI
X
HIGA
x
HOFFMANN
X
HOLSCHUH
g
IKEDA
X
ISBELL
X
JACOBSON
g
PILAGO
g
SAFARIK
X
8
1
0
0
Reference: C- 1063/FY' -336
RESOLUTION NO. 453 OG
b
Cd Cd
c .cd
3 3
MIM
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s
Listing of Potential Funding Programs and Grant Sources
Ecosystem Conservation and Restoration for Hawaii and the Pacific provides a number
of services that may be applicable to communities at their web site below:
http:// www. ponopacific .com /consei-vation3.html
Potential Funding Programs
Forest Legacy Program
Land and Water Conservation Fund
North American Wetland Conservation Act (NAWCA)
Coastal Program
TEA- 21/ISTEA (transportation enhancements)
National Fish and Wildlife Foundation Grants
Migratory Bird Conservation Fund
Wetlands Reserve Program
National Coastal Wetlands Conservation Grant Program
Safe Drinking Water Act
Forest Legacy Program
Goals/Description
The Forest Legacy Program was created with the purpose of identifying and protecting environmentally
important forests threatened by conversion to non - forest uses. The Federal government, states and local
partners, use funds provided through the program to buy conservation easements, or to purchase the land
from willing sellers outright. The program is intended to protect important scenic, cultural, fish, wildlife,
and recreational resources, riparian areas, and other ecological values. State or local partners provide at
least 25 percent of the funds.
Eligibility: States decide whether to participate in the program. Priority is given to lands that can be
effectively protected and managed. Participating states have identified areas that are important because they
may protect water quality, provide key wildlife habitat, offer outstanding recreation opportunities or scenic
views, or contain historical sites, while providing the opportunity to continue traditional forest uses such as
timber harvesting. Any landowner within one of these designated areas may apply for consideration.
Landowners are required to have management plans and to manage their land according to the plan.
Lead Agency: USDA Forest Service, State & Private Forestry
Legislative Authority: Food, Agriculture, Conservation, and Trade Act of 1990 (Farm Bill)
P.L. 101 -624: 104 stat 3359. Amended the Cooperative Forestry Assistance Act (CFAA) of 1978 (16
U.S.C., 2103c et.sec)
Website: http:// www .na.fs.fed.us /legacy /index.htm
Land and Water Conservation Fund
Goals/Description
Created in 1965, the LWCF is the largest source of federal money for park, wildlife, and open space land
acquisition. Its funding comes primarily from offshore oil and gas drilling receipts, with an authorized
expenditure of $900 million each year. Under the act, a portion of the money is intended to go to federal
land purchases and a portion to the states as matching grants for local projects. As a rule, at least 40% of
funds must be used for the federal program in a given year.
Eligibility: All states, the District of Columbia, and several U.S. territories. Entities must have an
acceptable Statewide Comprehensive Outdoor Recreation Plan to receive funds from the National Park
Service. Local governments apply to their state or territorial government for funding.
Lead Agencies: National Park Service, Forest Service, Fish and Wildlife Service, and Bureau of Land
Management
Legislative Authority: The Land and Water Conservation Fund Act of 1965.
Websites: www.ncrc.nps.Qov /lwcf/ , www.ahrinfo.org/
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North American Wetland Conservation Act (NAWCA)
Note: also see Coastal Program.
Program
Goals/Description
Enacted by Congress in 1989 through the U.S. Fish and Wildlife Service, NAWCA's purpose is to
encourage voluntary, public - private partnerships to conserve North American wetland ecosystems. The
wetland project must be passed for approval by the North American Wetlands Council for consideration for
federal funding. The project must have a private funding match to the Federal grant funds and support
conservation of migratory non -game birds and endangered species. Congress appropriated $15 million for
NAWCA in FY99 and is proposing $15 million be available in FY2000.
Eligibility: Public or private, profit or nonprofit entities or individuals establishing public - private sector
partnerships.
Lead Agency: US Fish & Wildlife Service
Legislative Authority
North American Wetlands Conservation Act
Coastal Wetlands, Planning, Protection, and Restoration Act
Websites: htt p:// www .fws.gov /r9nawwo /p_ranpro.html
Coastal Program
Note: also see NAWCA and Coastal Wetland Grants as they relate to the Coastal Program.
Program
Goals/Description
The U.S. Fish and Wildlife Service (FWS) Coastal Program (CP) works to conserve healthy coastal
habitats for the benefit of fish, wildlife, and people. The program forms cooperative partnerships designed
to (1) protect coastal habitats through conservation easements and acquisitions; (2) restore coastal
wetlands, uplands, and riparian areas; and (3) remove barriers to fish passage in coastal watersheds and
estuaries. Program biologists provide restoration expertise and financial assistance to federal and state
agencies, local and tribal governments, businesses, private landowners, and conservation organizations
such as local land trusts and watershed councils.
Eligibility: Projects on either public or private land in coastal watersheds.
Lead Agency: US Fish & Wildlife Service
Legislative Authority
1. Fish and Wildlife Act of 1956, 16 U.S.C. 742(a) -754
2. Fish and Wildlife Coordination Act, 16 U.S.C. 661- 667(e)
Website: bq://www.fws.gov/cep/coastweb.html
TEA- 21/ISTEA (transportation enhancements)
Program
Goals/Description
Originally authorized in 1991, the Intermodal Surface Transportation Efficiency Act (also known as
ISTEA, or "ice tea ") provided an important source of federal funds— transportation enhancements- -for
various park and recreation projects. Prior to 1991, federal transportation funding usually went to the
interstate highway system. But ISTEA took a broader approach to the nation's transportation needs. ISTEA
stipulated that 10 percent of federal funds distributed to states through the Surface Transportation Program
be dedicated to transportation "enhancements," which includes acquisition of conservation and scenic
easements. (Visit http: / /www.fhwa. dot.gov /tea2l /factsheets /te.httn for more information on the
enhancements program.) Between 1991 and 1997, $2.6 billion went to enhancement projects such as
bicycle and pedestrian facilities and the conversion of abandoned rail corridors into greenways and
multiuse trails. Historic and archeological sites were preserved. Highways were landscaped and roadside
billboards removed. A fraction of funds also went to secure ecologically sensitive land and scenic areas. In
1998, Congress reauthorized ISTEA and renamed it TEA -21 —the Transportation Efficiency Act for the
21 a Century.
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Eligibility: For transportation enhancements program: Requires that transportation enhancement activities
must relate to surface transportation.
Expands the definition of transportation enhancements eligibilities to specifically include the following:
• provision of safety and educational activities for pedestrians and bicyclists
• scenic or historic highway programs (including provision of tourist and welcome center facilities)
• environmental mitigation to address water pollution due to highway runoff or reduce vehicle -
caused wild -life mortality while maintaining habitat connectivity
Lead Agency: Dept. of Transportation
Legislative Authority
The Transportation Equity Act for the 21st Century was enacted June 9, 1998 as Public Law 105 -178.
TEA -21 authorizes the Federal surface transportation programs for highways, highway safety, and transit
for the 6 -year period 1998 -2003. The TEA 21 Restoration Act, enacted July 22, 1998, provided technical
corrections to the original law.
Website: bq:// www .thwa.dot.gov /tea2l /index.httn
National Fish and Wildlife Foundation Grants
Program
Goals/Description
The National Fish and Wildlife Foundation, a non -profit organization, was established by Congress to
award grants for conservation activities that support habitat protection and restoration, research, public
awareness and education, and management. Federal funds directed from many federal land management
agencies to the Foundation are used as seed money to attract additional private donations. Ultimately, the
Foundation releases funds to grant recipients on a matching grant basis. Grants typically range form several
thousand dollars to more than $100,000 and can be directed to federal and state agencies, universities, non-
profit organizations, and private corporations. The foundation administers a general challenge grant and
small grant programs, as well as special grant programs with specific guidelines and time - lines.
Eligibility Funding Source: The Foundation awards challenge grants utilizing federal matching funds
provided by annual Congressional appropriations and agreements with federal agencies including the U.S.
Fish and Wildlife Service, Agency for International Development, Bureau of Land Management, Bureau of
Reclamation, National Oceanic and Atmospheric Administration, and USDA - Forest Service. The
Foundation also receives and awards contributions from select foundations, corporations, and other non-
federal entities.
Lead Agency: Private non - profit organization established by Congress
Website: http: / /www.nfwf.org/index.htm
Migratory Bird Conservation Fund
Program
Goals/Description
The Migratory Bird Conservation Fund provides the U.S. Fish and Wildlife Service with funding for the
acquisition of migratory bird habitat. There are four major sources of money for the Fund: revenues from
the sale of the Duck Stamp, appropriations from the Wetlands Loan Act, import duties collected on arms
and ammunition; and receipts from the sale of refuge admission permits. There are two land acquisition
programs within this Fund. One is the purchase of major areas for migratory birds. Lands acquired through
this program must be considered and approved by the Migratory Bird Conservation Commission, which
includes members of Congress as well as members of the Cabinet. The second program involves
acquisition of small wetland areas with associated uplands. These lands, known as Waterfowl Production
Areas, are acquired under the revenues of the Duck Stamp, and do not require approval of the Commission.
Eligibility: Primarily focused on web - footed birds and their wetland habitats. Generally applied to lands
that will be added to the National Wildlife Refuge System.
Lead Agency: US Fish & Wildlife Service
Website
-3-
Wetlands Reserve Program
Program
Goals/Description
This voluntary program provides landowners with financial incentives to restore and protect wetlands in
exchange for retiring marginal agricultural land. Landowners may sell a conservation easement or enter
into a cost -share restoration agreement. Landowners voluntarily limit future use of the land, but retain
private ownership. Landowner and the Natural Resources Conservation Service works together to develop
a plan for the restoration and maintenance of the wetland.
Eligibility: Easement participant must have owned the land for at least 1 year. Owner may be an
individual, partnership, association, corporation, estate, trust, business, or other legal entity; a state (when
applicable); a political subdivision of a state; or any agency thereof owning private land.
• Land must be restorable and be suitable for wildlife benefits.
• Project size has ranged from 2 to 10,000 acres, though not restricted to size requirements.
• Funds can be used to protect up to 1 acre of upland to 6 acres of wetland.
Lead Agency: Natural Resources Conservation Service
Legislative Authority
Food Security Act of 1985, Title XII, Public Law 99 -198, as amended
Food, Agriculture, Conservation, and Trade Act of 1996
Websites: http: / /www.nhg.nres.usda..gov /PROGRAMS /M /index.html
bitp://www.wl.fb-net.org
http://aspe.os.dhhs.gov/cfd a /p 10072.htm
National Coastal Wetlands Conservation Grant Program
Note: also see Coastal Program.
Program
Goals/Description
The National Coastal Wetlands Conservation Grant Program provides matching grants for the acquisition,
restoration, management, or enhancement of coastal wetlands. The selection of proposals is a competitive
process, based on their national importance and giving priority to such factors as (1) consistency with the
National Wetlands Priority Plan, (2) conservation of maritime forests on coastal barriers, (3) benefits to
threatened and endangered species, and (4) encouraging cooperative efforts. Matching grants to state
agencies. (75 percent of the total project funds can be granted if the state has a special fund designated for
the purpose of acquiring coastal wetlands, natural areas, or open spaces.)
Eligibility
• Designated state, territorial or commonwealth resource agencies of coastal states, including states
that border the Atlantic or Pacific Oceans, the Gulf of Mexico, and the Great Lakes.
• Other organizations may partner with state agencies for project implementation. (Contact your
regional FWS office or designated state, territorial, or commonwealth resource agency for more
information.)
Lead Agency: U.S. Fish and Wildlife Service
Branch of Habitat Restoration, Division of Habitat Conservation
Legislative Authority
The Coastal Wetlands Planning, Protection, and Restoration Act of 1990, 16 U.S.C. 3951 -3956
Contact
Website: http: / /www.fws.gov /cep /cwgcover.html
Safe Drinking Water Act
Program
Goals/Description
The Safe Drinking Water Act of 1974 was reauthorized in 1996 in an effort to make more loans and grants
available to the states for the protection of drinking water throughout the United States. This bill created a
special state revolving loan fund of up to $1 billion a year that states can draw from to upgrade local water
systems. Loan assistance is granted to a state if the purpose of the loan is to acquire land or a conservation
easement from a willing seller or grantor to protect a water source from contamination.
Lead Agency: Environmental Protection Agency
Websites: http:// www.epa.gov /safewater /sdwa/sdwa
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