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HomeMy WebLinkAboutRES 055 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 55 03 A RESOLUTION SUPPORTING THE ACQUISITION OF WAO KF.LE `O PUMA BY THE TIDES FOUNDATION. W H F.REAS, in December of 1985. the State of Hawaii exchanged approximately 27,800 acres of ceded lands that included the Wao Kele'O Puna Natural Area Reserve and other Puna lands on the island of Hawaii for approximately 25,800 acres of land at Kahauale'a then owned by the Fstate of James Campbell; and WHEREAS, in the case of Pelc Defense Fund v. Estate of James Campbell, et al., in the Hawaii Third Circuit Court. the plaintiff. PDF, challenged [he land exchange and made certain claims asserting Native Hawaiian rights based on traditional access and gathering practices of Native Hawaiians in the Puna region, and relating to traditional uses of Wao Kele'O Puna; and WHEREAS, the Hawaii Supreme Court held in Pele Defense Fund v. Paty, 73 Haw. 578, 837 P. 2d 1247 (1992), that PDP had standing to contest the transfer of public ceded lands based upon allegation, that the land exchange would impede PDF's customarily and traditionally exercised subsistence, cultural and religious practices in Wao Kele'O Puna; and WHEREAS, PDF's Wao Kele 'U Puna litigation was remanded by the Supreme Court for trial and entry ofjudgment on the issues relating to traditional access and gathering practices of Native Hawaiians in Wao Kele 'O Puna; and WHEREAS, the trial in PDF's Wao Kele'O Puna litigation has been held, and an oral ruling favorable to PDFs claims was made by the Third Circuit Court, although a written judgement has not yet been entered; and WHEREAS, the Fstate of James Campbell and True Geothermal Energy Company, a Wyoming general partnership, made and acted on plans to attempt the development of geothermal energy in Wao Kele'O Puna; and WHEREAS, certain permits were issued by regulatory agencies of the State of I lawai'i in regard to the geothermal development activities in Wao Kcle'O Puna; and WHEREAS, geothermal development activities were conducted in Wao Kele 'O Puna, including the building of roads, the clearing of a development site, and creation of geothermal waste holding ponds and the drilling of one or more exploratop~ geothermal wells at the development site; and WHEREAS, the Fstate of .lames Campbell and True Geothermal Energy Company were obligated by the permits issued by agencies of the State of Hawaii to conduct certain remedial activities in regard to their permitted geothermal activities; and WHEREAS, the geothermal development activities that were conducted in Wau Kele 'O Puna were eventually abandoned; and WHEREAS, the remedial activities required by [he permits issued by agencies of the Slate of Hawaii have not been completed; and WHEREAS, Wao Kele'O Puna was designated a Natural Area Reserve because it is possessed of certain unique and valuable ecological resources and values that are worthy of and particularly merit protection and preservation; and WHEREAS, the unique biota of Wao Kele'O Puna includes endangered species that are threatened by invasive alien species, including alien species that have occupied road and developed areas used in geothermal exploration; and WHEREAS, the character of Wao Kele'O Puna includes traditional uses, Hawaiian burial sites and underground lava tubes that are uniquely specific [o [he rain forest and would inhibit and make inappropriate commercial development or uses; and WHEREAS, the Estate of James Campbell now wishes to dispose of certain lands it owns, including lands in Puna known as Wao Kele'O Puna and Kahauale'a; and WHEREAS, Pele Defense Fund has obtained the support ofthe'iides Foundation in attempting to obtain title to Wao Kele 'O Puna for the purpose of preserving the land and protecting its ecology and the traditional uses associated therewith; mid WHEREAS, preservation and protection of Wao Kele `O Puna is in the public interest of the people of the County of Hawaii and the Stale of Hawaii; and WHEREAS, the Hawaii County Council wishes to he on record as supporting the preservation and protection of Wao Kcle'O Puna. NOW, THERF,FORE, BE IT RESOLVED that[he Hawaii County Council supports the acquisition of Wao Kele 'O Puna by the 'Tides Foundation, on behalf ofthe Pele Defense Fund, for purposes of preservation and protection. BE IT FURTHER RESOLVED that government officials and agencies of the County of Hawaii are encouraged to support the effort by the Tides Foundation, on behalf of the Pele Defense Fund, to acquire Wao Kele 'O Puna, including such supportive legislative action as may be appropriate. BE IT FINALLY RESOLVED that the County Clerk transmit copies of this resolution to the Honorable George W. Rush. President of the United States of America, The Honorable Daniel Inouye, The Honorable Daniel Akaka, The Honorable Neil Abercrombie and The Honorable Ed Case. Dated at ,Hawaii, this_ _day of_ , 2003. f ~ -r:. INTRODUCED BY: 111~,~1.r~ -~t-*~ ~ d r. i> ~~~',JJI ~ r COUNCII. MEMBER, COUNTY OF' HAWAII COUNTY COUNCIL ROLL cALL voTE County of Hawaii nut's Notes At3s f;x Hilo, Hawaii nknKnKt CI IUNG I hereby certify that the ti~regiiing RFSOLIffION was by GL.ARIONOFF l~he wHe indicated to the right hereof adopted by the COUNCIL of the t IOI tiff tUt I County of Haiti ai'i on JACONSON LLITHI:AD-tODD ATTEST: REYNOLDS SAPARIK I~Y LL~:R Reference: C-178/PW&IRC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER NEOSOLUTION