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HomeMy WebLinkAboutRES 055 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 55 0:3 (Dralt 2 ) A RESOLUTION SUPPORTING THE ACQUISITION OF WAO KELE `O PUNA WHEREAS, in December of 1985 the State of Hawaii exchanged approximately 2'7,800 acres of ceded lands, once part of the Kingdom of Hawaii, that included the Wao Kele 'O Puna Natural Area Reserve and other Puna lands on the Island of Hawaii for approximately 2,800 acres of land at Kahauale'a then owned by the Estate of .lames Campbell; and WHEREAS, in the case of Yele Defense Fund v. Estate of James Campbell, et al., in the Hawaii Third Circuit Court, the Plaintiff, Pele Defense Fund, challenged the land exchange and asserted claims to important 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 although Pele Defense Fund could not contest the transfer of public ceded lands exchanged for Kahauale'a, it could litigate the extent to which Hawaiians retained rights customarily and traditionally exercised for subsistence, cultural and religious purposes in Wao Kele'O Puua; and WHEREAS, Pele Defense Fund's Wao Kele'O Puna litigation was remanded by the Supreme Court for trial on whether those traditional access and gathering practices of Native Hawaiians in Wao Kele 'O Puna must be legally protected; and WHEREAS, prior to and during this litigation, certain permits were issued by regulatory agencies of the State of Hawaii in regard to the geothermal development activities in Wao Kele `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 exploratory geothermal wells at the development site; and WHEREAS, the Estate of James 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 Estate of James Campbell and 'true Geothermal Energy Company, a Wyoming general partnership, has abandoned its plans to develop geothermal energy in Wao Kele o Puna; and WHEREAS, the remedial activities required by the permits issued by agencies of the State of Hawaii have not been completed; and WHEREAS, Wao Kele o Puna was originally 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 endvigered 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 arc uniquely specific Lo the rain forest and would inhibit and make inappropriate commercial development or uses; and WHEREAS, on August 26, 200?, the court entered its final judgement in favor of the Pele Defense Fund against the Estate of James Campbell in aprecedent-setting decision for the benetit of all Hawaiians, which formally acknowledged and confirmed important traditional access, gathering and hunting rights for cultural practitioners for the first time; and WHEREAS, said final judgement creates a permanent access easement for all Hawaiians to Wao Kele `O Puna in perpetuity and designated the Pele Defense Fund with the responsibility of monitoring enforcement of the access easement for all Hawaiians; and WHEREAS, the Estate of,lames Campbell now wishes to dispose of certain non-income producing lands it owns, including the lands in Puna known as Wao Kcle 'O Puna and Kahauale'a; and WHEREAS, certain nonprofit groups have expressed interest in purchasing Wao Kele 'O Puna for the purpose of preserving the land, and protecting its ecology and the traditional uses associated therewith; and W HF,REAS, preservation and protection of Wao Kele `O Puna is in the public interest of the people of the County of Hawai' i and the State of Hawaii; and WHEREAS, the County of Hawaii wishes to be on record as supporting the preservation and protection of Wao Kele `O Puna; NOW, THEREFORE, QE [T RESOLVED that the Hawaii County Council supports dle effort by conservation groups working in consultation with the Pele Defense Fund to acquire Wao Kele 'U Puna, for purposes of preservation and protection. BE IT FURTHER KESOLVEll U~at government officials and agencies of Hawai' i County and the State of Hawaii are encouraged to support the effort by conservation groups working in consultation with the Pelc Defense Fund to acquire Wao Kele `O Puna, since the county views this acquisition as a high priority that will promote county and state interests, the general welfare, and county and state goals to protect important conservation lands; BE IT FINALLY RESOLVED that the County Clerk transmit copies of this resolution to the Honorable George W. bush, President of the United States of America, U.S. Senator Daniel Inouye, U.S. Senator Daniel Akaka, U.S. Representative Neil Abercrombie, U.S. Representative Ed Case, and Governor Linda Lingle, State Senate President Robert Banda, State Senator Lorraine Inouye, State Senator Willie Espero, State Senator Colleen Hanabusa, State Senator Suzanne Chun Oakland, Speaker of the State House of Representatives Calvin Say, State Representative Hermina Morita, State Representative Thomas Waters, State Representative Ezra Kanoho, State Representative Sol Kaho'ohalahala, Trustees of the Estate of.Iames Campbell, and the Pete Defense Fund. Dated at , IIawai'i, this _ day of 2003. INfRODUCI?D BY: ~ , ~ COUNCIL MEMBER. COUN'I~Y OE HAWAII COUN'CY COUNCIL aoL~ ca~~ voTe County of Hawaii _ nvES Nors n~is Ex Hilo, Hawaii nanKnR~ -r - CI IUNG I hereby certify that the loregm ng RIiSOLI fIION was by ELARIONOPF The vote indicated to the right hereof adopted b7 the COUNCIL of the ~ ~O~ ~ I County of Hawai' i on IACOnSON LL'ITHEAD-"TODD ATTEST: REYNOLDS SAFARIK IYLER Reference: C-17II.1/P-PW&IRC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO (Draft 2)