HomeMy WebLinkAboutRES 513 Draft 01 2024-2026A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF CONSERVATION EASEMENTS FOR ALL OR A PORTION OF THE PROPERTIES IDENTIFIED BY TAX MAP
KEY NOS. (3) 5-2-009:025 AND 026, ALSO KNOWN AS THE KEALOHA FAMILY LOʻI, SITUATED IN THE AHUPUA‘A OF NIULIʻI, DISTRICT OF NORTH KOHALA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND
NATURAL RESOURCES PRESERVATION FUND.
WHEREAS, Chapter 2, Article 42 of the Hawai‘i County Code 1983 (2016 Edition, as amended) (hereinafter “the Code”), establishes a Public Access, Open Space, and Natural Resources Preservation
Fund; and
WHEREAS, Section 2-214.1(c) of the Code 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 Hawai‘i 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 2-217 of the Code provides, in part, that the duties and responsibilities of the Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter
“the Commission”) include developing and submitting to the Mayor an initial prioritized list of qualifying lands worthy of preservation and updating the list annually by December 31
of each year; and
WHEREAS, Section 2-218(a) of the Code provides, in pertinent part, that: “[t]he council shall, by resolution, select the land or lands to be preserved…”; and “[w]here there are multiple
lands under consideration at any one time, priority shall be given to… lands where matching funding is available to leverage the County contribution.”; and
WHEREAS, the Kealoha Family Loʻi, shown and described in Exhibit A, attached hereto and incorporated herein by reference, consists of approximately 2.39 acres, and is ranked the second
highest priority for acquisition in the Commission’s 2025 Annual Report to the Mayor, dated December 31, 2025; and
WHEREAS, Beldon K. Kealoha Trust owns and stewards the lands and loʻi systems that make up the Kealoha Family Loʻi situated in the ahupuaʻa of Niuliʻi in the district of North Kohala;
and
WHEREAS, Beldon K. Kealoha Trust, the landowner, partnered with Hawaiian Islands Land Trust, doing business as Hawaiʻi Land Trust (hereinafter “HILT”), a Hawaiʻi nonprofit organization
and nationally accredited land trust to raise funds to permanently protect the Kealoha Family Loʻi, and Beldon K. Kealoha Trust desires to grant a conservation easement to HILT as the
Administrative Holder and Co-Holder and the County as Co-Holder in order to permanently protect the Kealoha Family Loʻi; and
WHEREAS, the United States Department of Agriculture, Natural Resources Conservation Service, Agricultural Conservation Easement Program, Agricultural Land Easement (hereinafter “USDA
NRCS ACEP-ALE”) has awarded a grant in the amount of $150,000.00, not to exceed 50% of the estimated fair market value of the conservation easement, providing matching funding toward
the purchase of the conservation easement, subject to the County becoming an authorized co-holder within HILT’s existing USDA NRCS ACEP-ALE Program Agreement; and
WHEREAS, HILT intends to work with the County and the landowner to secure, establish, and maintain the proposed conservation easement to perpetuate and protect these culturally, ecologically,
and historically significant agricultural lands in perpetuity; and
WHEREAS, the acquisition of a conservation easement for the Kealoha Family Loʻi would be significantly beneficial to the County for the following reasons:
Preservation in perpetuity of productive agricultural lands featuring an intact historic loʻi kalo, which was spared from sugar cultivation;
Protection of natural resources and restoration of ecological functions within Niuliʻi Stream down to Kēōkea Bay; and
Protection and perpetuation of cultural and ʻāina-based education and connections, and traditional agricultural practices of Kohala; and
WHEREAS, there has been great support from community organizations for the conservation of the Kealoha Family Loʻi, including Kohala Hawaiian Civic Club, Protect Pololū, North Kohala
Culture and History Advisory Group, Ka Makani o Kohala ʻOhana, Kahua Paʻa Mua, along with HILT; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that, pursuant to Chapter 2, Article 42 of the Code, the Director of Finance is hereby authorized to enter into negotiations for
the acquisition of a conservation easement for all or a portion of the properties identified as Tax Map Key Nos. (3) 5-2-009:025 and 026, also known as the Kealoha Family Loʻi, situated
in the Ahupua‘a of Niuli‘i, District of North Kohala, utilizing the Public Access, Open Space and Natural Resources Preservation Fund.
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of conservation easements for all or a portion
of the properties hereinabove identified in accordance with the terms of this resolution.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable C. Kimo Alameda, Ph.D., Mayor of the County of Hawaiʻi; Diane Nakagawa, Director
of Finance; Nicholas Saumweber, USDA NRCS, P.O. Box 50004, Honolulu, HI 96850; Jean K. Campbell, Deputy Corporation Counsel; and Jodie Rosam, Chairperson of the Public Access, Open
Space and Natural Resources Preservation Commission.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I