HomeMy WebLinkAboutRES 592 Draft 01 2016-2018 JI,tY•
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RESOLUTION NO. 592 18
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES
DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE,AND THE STATE
OF HAWAII, FOR THE MANAGEMENT OF THE ALA KAHAKAI NATIONAL
HISTORIC TRAIL.
WHEREAS, the Department of the Interior National Park Service, the State Department
of Land and Natural Resources, and the County of Hawai`i desire to enter into a Memorandum
of Understanding to manage the Ala Kahakai National Historic Trail ("Trail"), attached as
Exhibit A; and
WHEREAS, language in the National Trails System Act of 1968, as amended, describes
The Ala Kahakai National Historic Trail (the Trail by the Sea), as a 175 mile long trail extending
from `Upolu Point on the north tip of Hawai`i Island down the west coast of the Island around
Ka Lae to the east boundary of Hawai`i Volcanoes National Park at the ancient shoreline temple
known as "Waha`ula"; and
WHEREAS, the National Trails System Act of 1968, as amended, established the Trail
and placed responsibility for administering the Trail with the Department of the Interior National
Park Service; and
WHEREAS, the Trail traverses over federal, state, county, and private land; and contains
sensitive Hawaiian cultural and natural resources; and
WHEREAS, only federal lands are to be administered as initial protection components
of the Trail; but the National Trails System Act of 1968, as amended, (16 USC 1244 (a) (22))
authorizes the Secretary of the Interior to encourage and assist state, local, and private entities to
manage and protect those segments of the Trail and associated resources that cross non federally-
owned lands; and
WHEREAS, establishing the alignment(s) and effectuating the management,
maintenance, and regulation of activities along the Trail is a complicated long-term project; and
WHEREAS, the Department of the Interior National Park Service, the Department of
Land and Natural Resources, and the County have determined that it is necessary to establish a
documented working relationship; and
WHEREAS, the County continues to receive applications for land use changes from
private landowners that may affect the Trail; and
WHEREAS, it is essential to coordinate and clarify the jurisdictional, regulatory and
management actions, and fiduciary responsibilities between the federal, state, and county
governments in relation to the management of the Trail; and
WHEREAS, Hawai`i Revised Statutes, Section 46-7, requires that County departments
obtain the consent of the Council to enter into agreements with the federal or state governments
respecting action to be taken pursuant to any of the powers granted by law to furnish, expend,
and receive any funds or other assistance in connection with projects being or to be undertaken
pursuant to those powers; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII in
accordance with Hawai`i Revised Statutes, Section 46-7,that the Mayor is authorized to execute
on behalf of the County, the Memorandum of Understanding attached hereto and incorporated by
reference as Exhibit A.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable David Y. Ige, Governor; the Honorable Harry Kim, Mayor; Aric
Arakaki, Superintendent of the United States Department of the Interior National Park Service;
Moana Rowland, Acting Statewide Na Ala Hele Program Manager Department of Land and
Natural Resources; Deanna Sako, Director of Finance; Roxcie Waltjen, Director of Parks and
Recreation; and Michael Yee, Director of Planning.
Dated at Hilo , Hawai`i, this 21st day of May , 2018 .
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawaii on May 21, 2018
LEE LOY X
O'HARA X
ATTEST: POINDEXTER X
RICHARDS X
*1
RUGGLES X
8 0 1 0
Reference:_ C-893/PC-61
TY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 592 18
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE NATIONAL PARK SERVICE,
UNITED STATES DEPARTMENT. OF THE INTERIOR,
STATE OF HAWAII,AND
THE COUNTY OF HAWAII FOR
THE IMPLEMENTATION, MANAGEMENT, PROTECTION AND PUBLIC USE OF ALA KAHAKAI
NATIONAL HISTORIC TRAIL
This Memorandum of Understanding("MOU") is entered into,by and between the United States
Department of the Interior National Park Service,("NPS")the State of Hawaii,by its Department of
Land and Natural Resources, ("DLNR")and the County of Hawai'i ("County")for the purpose of
managing the Ala Kahakai National Historic Trail (Trail).
ARTICLE I: BACKGROUND AND OBJECTIVES
WHEREAS, the State of Hawaii, the County of Hawaii, and the NPS have the authority to enter into
Agreements that are mutually beneficial and in the interest of the public;
WHEREAS, the National Trails System Act of 1968,as amended,(Act)(16 USC 1244(a)(22))
established the Trail and placed responsibility for administering the Trail with the NPS;
WHEREAS, the Trail is defined as a system of ancient and historic trails along with modern
connecting trail segments including the coastal trails, interior lateral trails, and mauka-makai
trails;
WHEREAS, the Trail Corridor is defined as a belt of land connecting the coast to the major roadway that
circles the Island as illustrated in Exhibit A;
WHEREAS, SEC. 6 of the National Trail Systems Act of 1968 [16USC1245] allows for connecting or
side trails within park, forest, and other recreation areas administered by the Secretary of the Interior or
Secretary of Agriculture may be established, designated, and marked by the appropriate Secretary as
components of a national recreation, national scenic or national historic trail. When no Federal land
acquisition is involved, connecting or side trails may be located across lands administered by interstate,
State, or local governmental agencies with their consent, or, where the appropriate Secretary deems
necessary or desirable, on privately owned lands with the consent of the landowners. Applications for
approval and designation of connecting and side trails on non-Federal lands shall be submitted to the
appropriate Secretary;
WHEREAS,only federal lands are to be administered as initial protection components of the Trail; but
the Act authorizes the Secretary of the Interior to encourage and assist state, local, and private
entities to manage and protect those segments of the Trail and associated resources that cross
nonfederally-owned lands;
WHEREAS,the proposed approximately 175-mile long Trailtraverses both federal,state,county,
and private land and contains sensitive Hawaiian cultural and natural resources;
WHEREAS,these cultural and natural resources are exceptionally unique,rare and unparalleled
compared to any other National Historic Trail in the United States, and require careful coordination
and commitment from the parties to this MOU and general publicto insure their sustainability,
particularly when exposed to extended public use overtime;
WHEREAS,establishing the alignment(s) and effectuating the management, maintenance and
regulation of activities along Trail is a complicated and long-term project;
WHEREAS, NPS,DLNR and the County have determined that it is necessaryto establish a
documented working relationship between the NPS and the Hawaii public agencies that have
jurisdiction and legal responsibility for land along the Ala Kahakai NHT;
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EXHIBIT A
WHEREAS,DLNR and the County,the public agencies with jurisdiction over some areas of land
where the Trail may traverse, support the concept of a properly protected and managed Trail for
traditional and recreational access;
WHEREAS,DLNR has jurisdiction and/or ownership of various sections of historictrailsthat may
comprise the Trail through the Divisions of Historic Preservation,Land,Office of Conservation and
Coastal Lands,State Parks, Division of Boating and Ocean Recreation,and Forestry and
Wildlife-Na Ala Hele Trail and Access Program and Natural Area Reserve System, and their
respective applicable Hawaii Revised Statutes(HRS)and Hawaii Administrative Rules(HAR);
WHEREAS,several major private landowners have conditions attached to SMA permits,zoning
changes, subdivision approvals,or other land use permits administered by the County which
require them to allow pedestrian access to and along the shoreline;
WHEREAS,some of these accesses may be su itab le for incorporation into the Trail;
WHEREAS,the County continues to receive applications for land use changes from private landowners
that may affect the Trail;
WHEREAS,itisessential to coordinate and clarify thejurisdictional,regulatory and management actions
and fiduciary responsibilities between the Federal,State and County governments inrelation to the
management of the Trail in order to provide a seamless trail experience for the user;
NOWTHEREFORE, in consideration ofthe above premises and in the interest ofthe mutual
advantage inattainment of common objectives,the parties hereto desireto cooperate and mutually
agree as follows:
ARTICLE II:AUTHORITY
A. National Trails System Act of 1968,as amended("theAct")(16 USC 1241-1252),
B. Hawaii Revised Statutes (HRS) Chapters 6E, 171,183C, 184, 1980,205,205A,and sections 46-
6.5,226-11,264-1
C. Hawaii Administrative Rules (HAR) Chapters 13-130, 13-146, 13-221, 13-275 to 13-284, 13-300,
and section 15-150-26
D. Hawaii County Code,Chapters 25 and 34
ARTICLE III:STATEMENT OF WORK
A. All of the parties mutually agree to meet, confer, consult,and plan together and to:
1. Participate in implementing the Trail Comprehensive Management Plan (CMP)and to manage
the Trail's resources as appropriate and feasible.
2. Establish individual coordinators within each agency for Trail administration activities.
3. Keep each other informed and consult periodically on management issues pertaining to the Trail.
4. Collaborate on amendments or modification to this MOU, as needed,to further clarify the
jurisdictional and working relationship between the three parties or any additional organizations
or agencies.
5. Work to develop a single set of guidelines regarding administration and management of the Ala
Kahakai NHT to avoid inconsistency.
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6. Develop and implement a Programmatic Agreement in accordance with the Section 106 of the
National Historic Preservation Act and its implementing regulations,36 CFR Part 800.6(a) (C)
and 800.14(b),and with the respective agencies to ensure appropriate identification and
treatment of historic properties potentially affected by use and management of the Trail and to
coordinate federal and state statutory and regulatory authorities regarding historic properties and
burial sites.
7. The parties are not obligated to commit resources or to participate in obtaining funds unless such
commitments are a part of a specific, separate agreement. Parties can enter into specific
agreements and working plans for implementation of individual projects, hiring of personnel,
transfer of funds, purchasing of supplies, and other matters.
B. NPS agrees to:
1. Act as the lead agency in coordinating activities associated with the implementation of the CMP
and this MOU and with administration and management of the Trail.
2. Review land use permit applications, environmental assessments and impact statements, and
other reviews pertinent to the Trail,as requested by parties to this MOU.
3. Produce and share among the parties Geographic Information System (GIS) maps documenting
the historic trail and access data submitted by Na Ala Hele and others, including data generated
by the NPS, provided that such information is used in compliance with the terms of the National
Historic Preservation Act and the Archaeological Resources Protection Act of 1979.
4. Subject to any information that may be protected by law, produce and share among parties any
NPS data or documents related to cultural and natural resource documentation, planning, and
monitoring of resources associated with the Trail.
5. Subject to federal law, cooperate with DLNR and the County in responding to legal issues
associated with the Trail.
6. Subject to federal law, consider ways that NPS may be able to accept management
responsibilities for state and county owned portions of the historic trail, and non-historic
connector trails that become official parts of the Trail or for land owned by private entities that
wish to participate in the Ala Kahakai NHT program.
7. Coordinate with the Hawaii island Na Ala Hele Trail and Access Advisory Council on issues that
pertain to the Trail.
8. Provide technical assistance and training regarding historic trail preservation and maintenance to
State and County staff and community volunteers.
9. Collaborate with parties on the design of signs and interpretive media and provide technical
interpretive assistance along the Trail.
C. DLNR agrees to:
1. Overall: S
a. Coordinate support from the pertinent Divisions and Programs of the department in the form
of data sharing and technical expertise.
b. Inform the Governor, Legislature, and Congress on issues that affect the Trail.
c. Include the Trail in the review of Conservation District Use applications and other land use
permits that affect lands likely to contain ancient and historic trails that might be included in
the Trail.
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2. Through the Historic Preservation Division (HP):
a. Continue to provide NPS with historical and archaeological data from the HP database.
b. Assist with the investigation and classification of unrecorded burial sites and historic
properties.
c. Provide regulatory oversight and guidance on issues associated with burial sites and historic
properties.
d. Provide NPS with opportunity to review and comment on projects requiring archaeological
inventory surveys, preservation plans, or cultural impact assessments within the Trail corridor.
3. Through the Office of Conservation and Coastal Lands:
a. Provide regulatory coordination where the Trail traverses Conservation District lands.
4. Through the Division of State Parks:
a. Provide management of the Trail consistent with the NPS Comprehensive Management Plan
where it traverses State Parks.
b. Collaborate on the design of signs and interpretive media and provide technical interpretive
assistance along other sections of Trail not owned by.State Parks.
5. Through the Land Division:
a. Upon notification by NPS, allow NPS access to State Lands for the purpose of identifying and
documenting existing ancient, historic and contemporary trail routes to be included in Trail
design and interpretation; Research, survey, document and assess other cultural and natural
resources for preservation, planning, interpretation, and the determination of future potential
impacts.
b. As is mutually determined feasible and desirable,execute either a Set-Aside or Lease
Agreement, through the Board of Land and Natural Resources (BLNR)and Office of the
Governor,as appropriate, that would formally approve the conveyance to the NPS of portions
of State-owned ancient or historic ala boa(long trail)that qualify to be included as official
components of the Trail. It is understood that the execution of either a set-aside or a base
does not relinquish the State's fee simple interest in trail segments that have been
determined to be State-owned via section 264-1, Hawaii Revised Statues.
c. Consider feasibility of permitting NPS led community based management of sections of the
Trail within State Lands.
6. Through the Division of Forestry and Wildlife-Na Ala Hele Trail and Access Program and
Natural Area Reserve System:
a. Continue to provide abstract data that pertains to the Trail corridor.
b. Assist with the determination of alignments that qualify for recognition as part of the Trail or
for conveyance to NPS.
c. Coordinate with the Hawaii Na Ala Hele Trail and Access Advisory Council on issues that
pertain to the Trail.
d. Provide technical training on trail maintenance to NPS staff and community volunteers.
e. Provide input on the Trail management planning process.
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f. Collaborate on the design of specific signage that identifies the route of the Trail on the
ground and other signage, such as signs warning of specific dangerous natural conditions
related to rockfall,flash floods, cliffs, and submerged hazards (excluding hazards related to
the ocean).
g. Provide other pertinent technical information and staff support related to trail management
and maintenance if it does not adversely affect other Na Ala Hele projects and existing staff
work load.
h. Consider the feasibility of adding currently identified State-owned trail segments that traverse
private property,with the consent of the landowner, to the Na Ala Hele Program and include
these segments under Chapter 13-130, HAR.
i. Upon notification by NPS, allow access to Natural Area Reserve System lands within the Trail
corridor for the purpose of identifying and documenting existing ancient, historic and
contemporary trail routes to be included in Trail design and interpretation; Research, survey,
document and assess other cultural and natural resources for preservation, planning,
interpretation, and the determination of future potential impacts.
7. Through the Division of Boating and Ocean Recreation
a. Work with the Trail staff to determine the Trail route and management consistent with the
NPS Comprehensive management Plan where it traverses Division of Boating and Ocean
Recreation lands.
b. Notify NPS on changes to the Trail and management of the Trail.
D. The appropriate County Departments agree to:
1. Through the County Planning Department:
a. Continue to enforce county and state laws requiring public access to and along the shoreline
as a condition of land use approvals and coastal zone management issues. These trails may
become official components of the Trail.
b. Require that permit applicants identify any historic trails and routes that will be required to be
preserved as part of the land use permitting process and that may become part of the Trail.
Such geospatial information and supplemental documentation shall be in formats utilizing
current industry standards for collection, compilation, processing, analysis and archiving
(including Federal Geographic Data Committee [FGDC]compliant metadata). This data
and information may be made available by the County for incorporation into official Trail
records and documentation.
c. Encourage private landowners who have public access requirements as conditions of a
land use approval to execute an agreement with the NPS to include these areas in the
Trail, where appropriate.
d. Work with the NPS to identify public access easements with potential incorporation in the
Trail.
e. Work with the NPS to develop a system whereby project applications determined to have
potential impacts on historic trails within the Ala Kahakai corridor are sent to the Ala
Kahakai NHT administration for review and comment. The notification system will provide
approving agencies and applicants clear guidelines on when the Ala Kahakai NHT should
be included in the review process. Such applications include Subdivisions, Special
Management Area Assessments and Use Permits, Special Permits, Grading, Project
Districts, Rezoning, State Land Use District Boundary Amendments, Leases of State-
owned lands, Environmental Assessments, and Environmental Impact Statements. The
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County agrees to contact the NPS regarding these reviews in a timely manner.
2. Through the County Parks and Recreation Department
a. Upon notification by NPS, allow NPS access to County Beach Parks for the purpose of
identifying and documenting existing ancient, historic and contemporary trail routes to be
included in Trail design and interpretation; Research, survey, document and assess other
cultural and natural resources for preservation, planning, interpretation, and the determination
of future potential impacts.
b. Work with the NPS to identify trail segments through county parks for incorporation into
the Trail.
c. Consider feasibility of permitting NPS led community based management of sections of
the Trail within County Beach Parks.
d. Provide management of the Trail consistent with the NPS Comprehensive Management
Plan where ittraverses County Beach Parks.
e. Collaborate on the design of specific signage that identifies the route of the Trail,
particularly where ittraverses County Beach Parks.
3. Through the County Department of Finance— Property Management Division
a. Upon notification by NPS, allow NPS access to County lands purchased through Public
Access, Open Space and Natural Resources Preservation Commission (PONC)for the
purpose of identifying and documenting existing ancient, historic and contemporary trail
routes to be included in Trail design and interpretation; Research, survey, document and
assess other cultural and natural resources for preservation, planning, interpretation, and the
determination of future potential impacts.
b. Work with the NPS to identify tral segments through County PONC Lands for
incorporation into the Trail.
c. Consider feasibility of permitting NPS led community based management of sections of
• the Trail within County PONC Lands.
d. Collaborate on the design of specific signage that identifies the route of the Trail,
particularly where it traverses County PONC Lands.
e. Provide management of the Trail consistent with the NPS Comprehensive Management
Plan where ittraverses County PONC Lands.
ARTICLE N: TERM OF MOU
This MOU will remain in effect for ten years, beginning on the date of the last signature below. A
meeting at five years from the date of the last signature will be conducted to consider whether any
of the terms of this agreement need to be updated or amended. This MOU may be renewed upon
mutual agreement between the Parties.
ARTICLE V: KEY OFFICIALS
A. Key officials are essential to ensure maximum coordination and communication between the
parties and the work being performed.They are:
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For the NPS
AricArakaki,Superintendent
Ala Kahakai National Historic Trail
73-4786 Kanalani Street,#14
Kailua-Kona, HI 96740
Telephone: (808)326-6012
e-mail: aric_arakaki@nps.gov
For DLNR
Moana Rowland
Acting Statewide Na Ala Hele Program Manager
Department of Land and Natural Resources
1151 Punchbowl Street, Kalanimoku Building
Honolulu, HI 96813
Telephone: (808) 587-4175
e-mail: Moana.Rowland(a�hawaii.gov
For the County
Michael Yee
Planning Director
Aupuni Center
101 Pauahi Street, Suite 3
Hilo, HI 96720
Telephone: (808) 961-8288
e-mail:planninq(a�hawaiicounty.gov
Roxcie Waltjen
Director of Parks and Recreation
Aupuni Center
101 Pauahi Street, Suite 6
Hilo, HI 96720
Telephone:(808) 961-8311
e-mail:parks recreation(c�hawaiicounty.gov
Deanna Sako
Director of Department Of Finance
25 Aupuni Street, Suite 2103
Hilo, HI 96720
Telephone:(808) 961-8234
e-mail: Deanna.Sako(a hawaiicounty.gov
ARTICLE VI:MODIFICATION AND TERMINATION
Upon mutual consent of the parties, this MOU may be modified or amended as necessary to clarify
roles, management obligations, regulatory functions, or any other purpose necessary to further the
administration of the Trail.
Modifications or amendments to this MOU may be proposed by any Party and shall become
effective upon written approval by all parties.
This MOU may be terminated upon 60 days advance written notice given by one of the parties to
the others, or it may be terminated earlier by mutual consent of all Parties.
ARTICLE VII: STANDARD CLAUSES
A. Non-Discrimination—All activities pursuant to this MOU shall be in compliance with the requirements
of Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended (78 Stat.
252; 42 V.S.C. §§2000d et sec.); Title V, Section504 of the Rehabilitation Act of 1973, as amended,
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(87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975(89 Stat. 728; 42 U.S.C. §§6101g
seq.); and with all other federal laws and regulations prohibiting discrimination on grounds of race,
color, sexual orientation, national origin, disabilities, religion, age, or sex.
B. Lobbying Prohibition— 18 U.S.C. §1913, Lobbying with Appropriated Moneys, as amended by Public
Law 107-273, Nov. 2, 2002-No part of the money appropriated by any enactment of Congress shall,
in the absence of express authorization by Congress, be used directly or indirectly to pay for any
personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device,
intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of
any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification,
policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution
proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers
or employees of the United States or of its departments or agencies from communicating to any such
Member or official, at his request, or to Congress or such official, through the proper official channels,
requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the
efficient conduct of the public business, or from making any communication where prohibition by this
section might, in the opinion of the Attorney General, violate the Constitution or interfere with the
conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of
this section shall constitute violations of section 1352(a) of title 31.
C. Anti-Deficiency Act—31 U.S.C. §1341 - Nothing contained in this MOU shall be construe as binding
the NPS to expending in any one fiscal year any sum in excess of appropriations made by Congress
for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of
money in excess of such appropriation.
D. Publications and Reports—Neither party will unilaterally publish a joint publication without consulting
the other party. This restriction does not apply to popular publication of previously published technical
matter. Publications pursuant to this MOU may be produced independently or in collaboration with
others; however, in all cases proper credit will be given to the efforts of those parties contribution to
the publication.
E. Endorsements—Neither party will publicize or otherwise circulate promotional material (such as
advertisements, sales brochures, press releases, speeches, pictures, still and motion pictures,
articles, manuscripts or other publications)which states or implies the other party's endorsement of a
product, service, or position related to this MOU or otherwise without prior written approval.
F. Communications—Each party will obtain prior approval for any public information release which refers
to the other party, their employees, agents, and/or contractors in connection with this MOU. The
specific text, layout, photographs, etc., of the proposed release will be submitted for approval to Key
Contacts identify in Article VIII. Neither party will use the other party's logos, emblems, or other
intellectual property or Copyright material without prior approval.
Approved as to Form:
For the State of Hawaii Department of Land and Natural Resources
Deputy Attorney General Date
For the County of Hawaii
Deputy Corporation Counsel Date
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Approved:
For the National Park Service
Katariina Tuovinen, Date
Deputy Regional Director, Pacific West Region
Aric Arakaki Date
Superintendent,Ala Kahakai National Historic Trail
For the State of Hawai'i Department of Land and Natural Resources
Suzanne Case Date
Chairperson, Board of Land and Natural Resources
For the County of Hawaii Planning Department
Michael Yee Date
Planning Director
For the County of Hawaii Parks and Recreation Department
Roxcie Waltjen Date
Director of Parks and Recreation
For the County of Hawaii Department of Finance
Deanna Sako Date
Director of Department of Finance
For the County of Hawaii
Harry Kim Date
Mayor of Hawaii County
For the State of Hawaii
David Y. lge Date
Governor
9
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Exhibit A
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