HB571 HD1

SECTION 1. Through Act 340, Session Laws of Hawaii 1993, the legislature found that the island of Kaho‘olawe was of significant cultural and historic importance to the native

people of Hawaii. The legislature also found that, due to extensive erosion and other ecological problems, the presence of unexploded ordnance, the existence of archaeological and other cultural and historic sites, and the presence of native and endangered flora and fauna, a new management regime was needed to effectively meet the unique challenges of restoring, preserving, and determining the appropriate use of Kaho‘olawe.

The Kaho‘olawe island reserve commission was funded predominantly by a dwindling trust fund created in 1994 during the federal cleanup of unexploded ordnance on Kaho‘olawe. Although it was a considerable amount, the federal appropriations totaling approximately $44,000,000 over a period of several years was not substantial enough to establish a sustainable endowment for the long-term restoration of Kaho‘olawe.

As stated in the federally mandated Kaho‘olawe island conveyance commission final report to Congress in 1993, "In the short term, federal funds will provide the bulk of the program support for specific soil conservation projects and related activities. In the longer term, however, state revenues will be needed to continue and enhance those activities initiated with federal funds". From 1994 until 2016, federal funding has allowed the Kaho‘olawe island reserve commission to establish many innovative programs that emphasize ancestral and traditional knowledge, use a cultural approach of respect for and connectivity to the environment, and integrate ancient and modern resource-management techniques.

In 2004, the management and control of the Kaho‘olawe island reserve was transferred from the United States Navy to the State of Hawaii, with the Kaho‘olawe island reserve commission as the state agency designated to oversee the use and restoration of the reserve. During the past fifteen years, the Kaho‘olawe island reserve commission has been able to develop innovative restoration projects that are effective in the extremely harsh conditions of Kaho‘olawe and will serve as the foundation for the future restoration of the island.

A fiscal audit of the Kaho‘olawe rehabilitation trust fund performed by the office of the auditor in 2013 reported two key findings. First, and more importantly, the report found that the trust fund would be depleted by 2016. Second, the Kaho‘olawe island reserve commission lacks a comprehensive and quantifiable restoration plan with performance measures to gauge whether objectives are being met.

In 2013, the Kaho‘olawe island reserve commission embarked on the development of a 2026 strategic plan for Kaho‘olawe, marking fifty years of occupation of Kaho‘olawe by the people of Hawaii and laying out a pathway for the future use and management of the Kaho‘olawe island reserve. After a two-year effort that engaged Hawaii's residents through numerous community meetings and focus-group sessions held on multiple occasions on each of the islands, the multi-organizational Kaho‘olawe strategic planning working group developed an island-wide, community-based strategic plan, entitled "I Ola Kanaloa", or "Life to Kanaloa", that addresses the future restoration, management, and uses of Kaho‘olawe for the State, the people of Hawaii, and a possible future sovereign Native Hawaiian entity.

Act 49, Session Laws of Hawaii 2017, provided general funds and authorized fifteen positions for fiscal years 2017-2018 and 2018-2019. These funds allowed the Kaho‘olawe island reserve commission to continue its mission in the near term, but was only enough to support staffing, Maui-based facilities, and limited Maui-based operations. Act 248, Session Laws of Hawaii 2022, provided a one-time infusion of $400,000 in general funds for Kaho‘olawe island-based operations for fiscal year 2022-2023 and authorized two additional cultural resources positions. This funding provided critical relief for field operations after two years of fiscal austerity, but an increase in the appropriation of general funds for the Kaho‘olawe island reserve commission is needed to ensure that Kaho‘olawe's on-island operations, safety, and infrastructure are maintained and the island remains open for critical restoration and cultural activities.

Additionally, with the increased severity of long-term weather conditions in and around the waters surrounding Kaho‘olawe and Maui, additional positions are necessary to augment the Kaho‘olawe island reserve commission's boat operations and to expand coastal erosion and shoreline protection projects on Kahoolawe.

The purpose of this Act is to provide ongoing funds to the department of land and natural resources for the Kaho‘olawe island reserve commission to effectively meet the unique challenges of restoring, preserving, and determining the appropriate uses of the Kaho‘olawe island reserve for the people of Hawaii.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the Kaho‘olawe island reserve commission.

The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to fund the following positions:

(1) One full-time equivalent (1.0 FTE) permanent Kaho‘olawe island reserve specialist III;

(2) One full-time equivalent (1.0 FTE) permanent Kaho‘olawe island reserve specialist II; and

(3) One full-time equivalent (1.0 FTE) permanent ocean resource specialist II.

The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. This Act shall take effect on June 30, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	571
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII