2013-01-10 Windward Transcript Paradise

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As you have heard and as you know, the National Park Service has diligently participated in this particular planning process that would allow the establishment of a helicopter landing adjacent to the park boundary. We have commented on the Environmental Assessment very early on back in November of 2011. We have commented during scoping with a letter dated 11/21/11; and then on the Draft Environmental Assessment itself in a letter dated March 27, 2012. In that letter we also requested that the consultant reach out to the Kalapana Fishing Council and the US Fish and Wildlife Service. Most recently you have our comments on the special permit application, and we note specifically that that particular application that was submitted contains outdated and inaccurate information regarding existing conditions and the impacts of the proposed activity. That letter also summarizes yet again our concerns and resource impacts that we believe are relative to this proposal. We believe that we clearly have unique interests that are distinguishable in this matter from that of the general public. The National Park Service is required by law, and I’m not going into all the legal citations but I certainly have those for you if you need them. I think they are in our application. We are required by law under our enabling legislation to encourage adjacent compatible land uses to avoid or mitigate potential adverse effects that may occur in national park units. Unlike the general public or even any other federal agency, the National Park Service is responsible for protecting and preventing impacts to natural and cultural resources in park units as well as visitor enjoyment. The National Park Service Organic Act, the law of 1916, requires that we “conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” Additionally in 2000 Congress determined that noise from commercial air tours can cause significant impacts to national parks and passed the National Parks Air Tour Management Act. That Act was sponsored by Senator Akaka. This statute acts to protect park resources and visitor experience by preventing significant adverse impacts from air tour noise. And as you have heard from the applicant, we are developing, and through an EIS process, an environmental impact statement pursuant to this law, the Air Tour Management Act and the Air Tour Management Plan. And that has already indicated that the current level of air tour noise is already causing impacts to the National Park. The biggest issue is that the proposed landing area will set a precedent that is likely to result in even greater long-term adverse noise and visual impacts to the park. The acoustic environment (or the “soundscape”) has been identified as a natural and cultural resource subject to all the protections under the 1916 Law. Furthermore, the NPATMA or Tour Management Act, under that law we share jurisdiction with the Federal Aviation Administration over all commercial air tour activity within one half mile of national park unit boundaries. Lastly, the 1938 Kalapana Extension Act added 42,000 acres of land to the park and we have specific legislative provisions to direct us to allow Native Hawaiians to practice those rights which are customarily and traditionally exercised for subsistence, cultural or religious purposes. We manage the Kalapana extension in accordance with federal law. This area includes the eastern portion of the park that is adjacent to the proposed special permit activity. We appreciate the opportunity this morning to comment and we look forward to your favorable consideration of this request. 7 EXHIBIT A