CONFERENCE COMMITTEE REP. NO. 47

 

Honolulu, Hawaii

                 , 2011

 

RE:    S.B. No. 1154

       S.D. 2

       H.D. 1

       C.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1154, S.D. 2, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to preserve the culturally and historically rich area of South Kona on the island of Hawaii by establishing the South Kona Wilderness Area to be administered by the Department of Land and Natural Resources.

 

     Your Committee on Conference finds that the lands identified in this measure have limited development potential but immense historical, cultural, and recreational value for the citizens of Hawaii.  The archaeological sites, native Hawaiian plants and animals, and historical aspects of these lands warrant protection and preservation to ensure that the current and future residents of Hawaii can enjoy the recreational opportunities and cultural and historical aspects afforded by these precious lands.

 

     Your Committee on Conference has amended this measure by:

 

(1)  Making the establishment of the South Kona Wilderness Area on the island of Hawaii permanent and amending the purpose section accordingly;

 

(2)  Excluding the lands of Kapua from the South Kona Wilderness Area;

 

(3)  Clarifying that land use district boundaries existing as of July 1, 2011, shall continue in full force and effect within the South Kona Wilderness Area and that lands within the South Kona Wilderness Area shall not automatically be reclassified as lands within the state land use conservation district;

 

(4)  Limiting the prohibition on the construction of new homes or other structures and certain consolidations and subdivisions to government-owned land within the South Kona Wilderness Area, with certain exceptions, and deleting the exception for construction of dwellings with certain footprints;

 

(5)  Deleting language authorizing the Department of Land and Natural Resources to acquire lands using specified methods;

 

(6)  Amending the effective date to July 1, 2011; and

 

(7)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1154, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1154, S.D. 2, H.D. 1, C.D. 1.

 


Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

JERRY L. CHANG, Co-Chair

 

____________________________

MALAMA SOLOMON, Chair

____________________________

SHARON E. HAR, Co-Chair

 

____________________________

BRICKWOOD GALUTERIA, Co-Chair

 

 

____________________________

GILBERT KAHELE, Co-Chair

 

 

____________________________

DAVID Y. IGE, Co-Chair

 

 

____________________________

DONNA MERCADO KIM, Co-Chair