( 2. Approve the withdrawal of 8, acres~from the Puna Forest Reserve, District of Puna, and identified as a portion of TMK :02.

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1 .. :y I ~.. ",..., \.' ~.. :,.-:') :~~- ' / ' / State of Hawaii Department of Land and Natura Resources Honouu, Hawaii DIVISION OF FORESTRY AND WILDLIFE December 20, 985 Board of Land and Natura Resources Honouu, Hawaii Gentemen: SUBECT: Master's Report on Pubic Hearing to Withdraw State-owned Land from the Puna Forest Reserve for Exchange with campbe Estate for Campbe's Kahauea Land In accordance with the Notice of Pubic Hearir3 pubished in the Honouu Star Buetin and the Hawaii Tribune Herad on October 27, 985, and as authorized by Governor George R. Ariyoshi, I have conducted a pubic hearir3 on November 2, 985 reative to the withdrawa of 8, acres from the Puna Forest Reserve, District of Puna, Isand of Hawaii, beir3 set aside by Governor's Procamation dated December 22, 928, identified as a portion of 'MK -2-0:02. The and exchar3e is for the purpose of exporation and deveopment of geotherma energy pursuant to Act 296, SLH 983, and Act 5, SLH 984, providing for the designation of geotherma resource subzones. In addition, the and exchange wi permit the aa::uisition of ands by the State of Hawaii to be set aside for natura area purposes. Minutes of the pubic hearing, pubic hearir3 notice, and Board approva (Item H-6) dated October 25, 985 are attached. As evidenced by the minutes of the hearing, there were no stror3 negative feeings against the withdrawa per se. One contested case hearir3 was received and denied by the Attorney Genera's office. REc:c-MENDATIOO: That the Board of Land and Natura Resources: (. Accept the Master's Report, and ( 2. Approve the withdrawa of 8, acres~from the Puna Forest Reserve, District of Puna, and identified as a portion of TMK -2-0:02. Attachments LTDC ~~~ Administrator APPROVED FOR SUEMITTAL: SUSUM CN), Oairperson ITEM C-

2 '... \... I :. ' ~~ j j ~ DEPARTHENT OF LAND AND NATURAL RESOURCES STATE OF HAWAII Pubic Hearing for ) Proposed Withdrawa ) of 8, Acres ) from the Puna Forest ) Reserve, Tax Map Key: ) -2-0:02, Puna, Hawaii. ) ) PUBLIC HEARING Before Libert Landgraf, on November 2, 985, commencing at 7:0 p~m., at the State Office Buioing, Conference Rooms A, B, C, 75 Aupuni Street, Hia, Hawaii. BEFORE: ean Marie McManus, CSR #56 Notary Pubic, State of Hawaii McMANUS COURT REPORTERS

3 .. ~ INDEX \ 2 PUBLIC WITNESSES PAGE 3 MAE MULL 7 4 MELISSA KIRKENDALL j i ) McMANUS COURT REPORTERS

4 ' 3 HR. CHAIRHAN: I woud ike to convene this Pubic 2 Hearing. First of a, I woud ike to introduce mysef, my name is Libert Landgraf, and I'm the Administrator of the Division of Forestry and Widife, State of Hawaii, Department of Land and Natura Resources For the record, since it is reativey short, I woud ike to read the notice of this Pubic Hearing, which wi basicay set the stage for what we are about to do here this evening. Incidentay, since He have a rather sma group this evening, if you can't hear me in the back, pease either raise your hand or throw a shoe or something, and I' speak 3 up a itte ouder. ~ 4 The notice of this Pubic Hearing states that 5 pursuant to Chapters 9 and 92 of the Hawaii Revised Statutes 6 and other appicabe aws, notice is hereby given that the 7 Board of Land and Natura Resources wi hod a Pubic 8 Hearing beginning 7:00 p.m., Tuesday, -November 2, 985, at 9 the State Office Buiding, Conference Rooms A, Band C, Aupuni Street, Hio Hawaii, for the purpose of considering a I 2 proposed withdrawa of 8, acres from the Puna Forest 22 Reserve, Tax Map Key: -2-0:02, Puna, Hawaii. 23 The subject and is set aside by Governor's 24 Procamation dated December 22nd, 928, as part of the Puna 25 Forest Reserve. HcNANUS COURT REPORTERS

5 4. j : I : Pursuant to the Decision and Order of the Board of Land and Natura Resources dated December 28, 984, the parce consisting of 8, acres is proposed to be exchanged with Campbe Estate for Campbe Estate Kahauaea ands. The and exchange is being proposed for the purpose of exporation and deveopment of geotherma energy, pursuant to Act 296, State Laws of Hawaii, 983; and Act 5, State Laws of Hawaii, 984, providing for the designation of geotherma resource subzones. In addition, the and exchange wi permit the acquisition of ands by the State of Hawaii to be set aside for natura area reserve purposes. In order for the exchange to proceed, the and must be withdrawn from forest reserve status. Persons wishing to offer comments or testimony are invited to appear at the pubic hearing on the date and time and at the pace specified above, Board of Land and Natura Resources, signed by Mr. Susumu Ono, chairperson and member. This notice appeared in the Honouu Star Buetin, October 27, 985; and in the Hio Tribune Herad on Ocboter 27, 985. The authority for me personay to conduct this hearing was authorized by the Govenor, in a memorandum from Govenor George Ariyoshi to Hr. Susumu Ono, and it approved McMANUS COURT REPORTERS

6 I 2 and specificay appoints me, Mr. Libert Landgraf, as the Master to conduct this hearing In terms of procedures, I think most of us here are famiiar with the procedures, and have either conducted or appeared at pubic hearings in the past. We do have a sign-up sheet here on the front tabe to my right. If you wish to present testimony, either written or ora, if you woud be kind enough to sign up on that, we wi 9 use that as the ist in terms of order of who appears. If you are not on that ist, pease sign up, and we woud prefer if you woud print. If anyone comes in after that sheet has been presented to me, I wi announce ater in this pubic hearing for any further testimony, either written or ora. If you woud be kind enough pease, if you are going to testify, if you woud identify yoursef and whom you represent, if it's an organization or an individua, it reay doesn't make any difference, but that way we wi be certain to have you propery identified and your testimony not fa through the crack somewhere. Aso in terms of procedures, again I reiterate, it's soey for the purpose of receiving your testimony, and your comments, there wi be no cross examination of witnesses from the gaery or from peope testifying. Mysef and appicabe staff who are here wi respond to any questions that you may have. But again, they wi have to be HcMANUS COURT REPORTERS

7 6 ) _ j ~ ~ ~ G questions that are pertinent and appicabe to this withdrawa. And again, I reiterate, it is for the withdrawa of that approximatey 8,800 acres from the Puna Forest Reserve for which I have aready expained. There is basicay no time imit in your testimony, however, for the sake of meeting the time schedue, I think there is a time that we have to be out of here, I woud appreciate it if you woud make it to the point. Again, I don't want this to be misinterpreted as we are attempting to musce anyone or not give anyone their fair and appropriate time, quote in court, unquote. If there are those of you here this evening that represent an organization, a community or a group of peope, and wish rather than individuay coming up and testifying, wish to seect a spokesperson, that is perfecty acceptabe, and we wi have no probems there. I think, uness you have any questions in terms of the purpose of this hearing, the procedures, or the format, which I woud receive any comments regarding that at this time, we wi go ahead and take the sign-up sheet in terms of peope who wish to testify, and proceed. Hearing no names, I wi proceed with the ist of peope wishing to testify. The first person that wishes to testify is Mrs. Mae Mu, and the organization is the Hawaii McMANUS COURT REPORTERS

8 , I ' I j r Audobon Society. Mae, if you woud be kind enough to step forward here. TESTU0NY OF MAE HULL MS. MULL: My name is Mae Mu, I'm a resident of Vocano, and I have been authorized to present testimony on behaf of the Hawaii Audobon Society, and aso to raise questions on behaf of the Audobon Society. The Audobon Society's interest in this goes back -- in these ands - reay goes back for a ong time because these ands provide habitat for a number of native Hawaiian birds. Of particuar interest more recenty has been the estabishment of the natura area reserve system, and discussions went on, I think it was five or six years ago here in Hia, on the estabishment of a natura area reserve out of these Puna Forest Reserve ands, and the Hawaii Audobon Society was one among severa organizations and groups who were very much interested in having this natura area reserve set up. And I remember that the State District Forester, at that time, Mr. Landgraf, was very active aso in wanting to have that natura area reserve set up, and he contributed reay a ot of hep in getting it accompished. And now I know the purpose of the hearing tonight is for the withdrawa of ands from the Puna Forest Reserve and not specificay from the natura area reserve, but in HcANUS COURT REPORTERS

9 .. 8 our view, you just cannot separate those competey, because 2 there are a ot of the same type of forest invoved there. 3 I understand we are having the pubic hearing 4 because it is required by aw, before ands can be taken out 5 of the forest reserve, the pubic must have an opportunity I ') for input. But yet I want to ask about the natura area reserve ands that are just right adjacent to it that are reay a part of it, that is, is no pubic hearing required for the withdrawa of the natura area reserve ands? Those reay, in a way, have a higher category of protection than the Puna Forest Reserve. They were speciay set apart, and the uses there are much more restricted and imited of the natura area reserve ands than of the forest reserve ands. I woud aso ike to point out that the Puna -- the forest reserve ands are in the highest category that is possibe to attain under the state aw, that is the protective subzone of the Conservation District. There is no more and that has a higher degree of protection than that, except probaby fo~ the natura area of reserve ands. But those aso have a protective subzone category. So I think this is a rea very serious matter about taking ands, withdrawing them from the forest reserve, when they are aready recognized by the Department of Land and Natura Resources, by the Board and by the Governor, these Hcr.IANUS COURT REPORTERS

10 9 2 are aready recognized as of very good quaity forest areas. So it just isn't ike it's soge junk degraded piece j 0 } j 20 of forest, you know, that sometimes there are pieces of and ike that in the forest reserve that are taken out, and have been in the past taken out for other agricuture purposes, this is not that category, you know, kind of and at a. A ot of that Puna forest ands is in the category that Dr. Lamoureux cas high quaity wet ohia habitat for native species. So this reay, it cannot be done very ighty. I have a ot of questions to ask on behaf of the Society, as far as the and exchange goes. For one thing, wi there be an opportunity for any pubic input on the and exchange, the way there is for this hearing now on the withdrawa of the forest ands? Or is it just decided between the Land Board and the andowner, if they come to agreement, then it goes to the egisature, then it's up to the egisature to decide whether that and exchange is in the best interest of the State? Is there any opportunity for pubic input on that and exchange? -~ 2 22 We are reay concerned because of the pubic notices that have come out as a resut of the Land Board's ~ meetings, and where it indicates that this whoe Puna mid rift forest, the natura area and the Puna Forest Reserve, and some State ag ands are going to be swapped in tota for McMANUS COURT REPORTERS

11 I ',.i j : a of Campbe Estate ands at Kahauaea ana some and that is not even in Kahauaea. There reay must be a time, in our view, for the State and the andowners invoved in this exchange to isten to pubic comment on the and exchange. For one thing we woud oppose very strongy the remova of a of the Wao Kee '0 Puna natura area reserve as a part of the and exchange. It is our beief that there are ands in that natura area reserve which are simpy unsuitabe for geotherma deveopment. A arge part of that forest area, the northern part of the forest area, the north western part of the forest area is not necessary and competey unneeded for geotherma deveopment. It has the protective subzone status, and as I understand it in the and exchange, the and use category is not changed, it wi retain that protective subzone status. And the uses woud be, wi there are very imited uses that the private andowner coud put to it. But I think there has to be an opportunity for the Land Board to ist~n to it. We do not want a of that natura area reserve to be exchanged to Campbe Estate, some of those ands are unsuitabe. I think there is a question about whether Campbe Estate woud even want to have some of those ands. And they were put in a natura area reserve. We woud ike to see some way where those ands up NcMANUS COURT REPORTERS

12 in the northwest portion of the natura area reserve and the 2 ands that are in the southern part of the rift zone stay in 3 the natura area reserve. 4 Aneth~~ frobem that we have with the and 5 exchange, and I'm bringing up this question now because I 6 don't know if I' have a chance again to bring it up, is 7 about the Campbe Estate ag ands. In the documents that _}... i ~ have come out from the Board, it appears that some of Campbe Estate ag ands that are not even a part of Kahauaea woud be in the exchange, and the State woud receive some of those ands. You see the yeow area over there, that is the Kahauaea, then the and south of that is a continuation of the Kahauaea Puu, some of those ands are competey ruined ands that reay have no use as far as native forest protection goes any more. Some of those ands have just gone through this ohia chipping to suppy wood chips to run the boiers there at Keeau, and that and has no vaue any more as a native forest, it's not even in the Kahauaea Puu. We take a very strong position that that and shoud remain with.campbe Estate and shoud not become a part of State ands. If Campbe wants, I'm sure they coud use it for some kind of an agricuture use, they shoud do it. It's ag ands now that its forest vaue is just ruined. We generay-- I'd ike to say this positive, make McMANUS COURT REPORTERS

13 2 ~ these positive comments about the and exchange. We 2 generay favor a and exchange. We are very much in favor } 3 of the principe of the prime forest areas of Kahauaea becoming a natura area reserve. come up with this kind of a proposa. happen. I'm gad that the State has We want that to We want, you know, a fair and exchange. 7 And we have, if it's necessary for the Puna -- if..) 8 these 9,000 acres of the Puna Forest Reserve to be a part of 9 that, we reaize that there has to be some tradeoffs, so we. 0 reaize we can't have Kahauaea natura area reserve and ~ 2 expect to save everything in the mid rift too, we do understand that.. 3 But we want some of these vaues that I have 4 addressed here to be very carefuy considered, and we reay 5 ask, wi there be an opportunity for pubic input, and a _}._ 6 of these questions invoving the and exchange? Thank you, 7 very much, for the opportunity to raise these questions. 8 MR. HEARING OFFICER: Thank you, very much, Mrs. 9 Mu. 20 The next person that has indicated they woud ike 2 to present testimony is Meissa Kirkenda. 22 TESTIMONY OF MELISSA KIRKENDALL ~ MRS. KIRKENDALL: My name is Meissa Kirkenda, I 24 ive in Kaohe Ho~estead, have ived there for 3 years on a 25 piece of property adjacent to Wao Kee '0 puna and the Puna McMANUS COURT REPORTERS

14 .. 3 } -r ~ } : j C Forest Reserve. As I understand, before I start, as I understand what came out, what we are doing tonight is just withdrawing the 8000 acres from forest reserve. Now the entire thing is forest reserve though, in addition to the natura area reserve, from what I understand, so I am a itte confused on that point. However, I reaize whatever I say is basicay at this point mute. So what I woud ike to say is that I fee, as Mae Mu does, that a ot of concern shoud go into this, it shoud not be done ighty. I beieve that in 928 when this was set up, it was done so for a purpose for State ands, for peope to use as a widife refuge, for nature to proiferate. In addition, there is a great dea of hunting that is done there, athough no hunters are representing themseves here, I do fee that their concerns are important and shoud be taken into consideration. This is aso a watershed area, that's one of the reasons that the natura forest reserves were set up, to preserve this entire environment. And I woud fee remiss were I not to te you that I do not fee that taking this out of the forest reserve is reay right. I do fee strongy about this, that wid ands are diminishing, and I reaize that it's been promised that the area in Kahauaea HcNANUS COURT REPORTERS

15 I wi become a natura area reserve. I'm not sure that that area there is -- it is very 3 pristene, I have heard, I've not been in there mysef. I reaize that we need a the areas that we can at this point. It's just important to me that this not be done ighty. I think something that a govenor stated in 928 and set aside shoud take a ot of thought before it is just done away with. For the sake of a the pubic, this is not something that is up for a vote, do we want to take this pubic and that beongs to a of the peope, a of the 2 residents of the State of Hawaii. There wi be no vote on this, it wi be subject to the Board's decision, which I do firmy beieve has aready been made. I wish that there were more peope here to 6 represent this particuar viewpoint. I know there are a ot 7 8 of peope who fee this strongy about it. However, I did want to state my viewpoint about this iving next to a forest 9 reserve, having chosen to ive next to a forest reserve and 20 reaizing that I wi no onger ive next to a forest 2 reserve. Thank you. 22 HR. HEARING OFFICER: Excuse me, before you eave, &3 I think, uness there is additiona testimony, for a point of 24 carification, if I may get to the map and expain what is 25 happening here, and I apoogize for it, because ooking over McMANUS COURT REPORTERS

16 I., ~ the audience this evening, I assumed that a of you here know what we are taking about and have been there. And I don't anticipate any cross examination here between you and I, but I just, if I coud summarize it again, I apoogize. The origina Puna Forest Reserve that was set up is this ine that's right in here. And then what happened for the natura area reserve when it was set up, this green L shape piece here that ooks ike a baby crib or baby carriage, that was formay withdrawn. So by pubic hearings simiar to what I'm doing here this evening, this was withdrawn from this whoe piece here and the natura area is estabished. And this remained in forest reserve status, this portion here, that's the part that we are taking about this evening. MRS. KIRKENDALL: Right. HR. HEARING OFFIER: I assume HRS. KIRKENDALL: I do.understand that from this, I do have one quesiton, athough I won't cross examine. HR. HEARING OFFICER: Fine. MRS. KIRKENDALL: h'i there be a time, or a hearing within which point the Wao Kee '0 Puna natura area reserve wi be withdrawn from said status? rr. HEARING OFFICER: I don't know, I reay don't know. McMANUS COURT REPORTERS

17 :. 6., ~ 2 HRS. KIRKENDALL: There is no rue that says that just as we have to withdraw the forest reserve from that } 3 status, we aso have to withdraw a natura area reserve, even sti, it seems ike that woud require its own hearing. f ffi. HEARING OFFICER: I am not avare of any requirements that a pubic hearing, per seas I'm conducting 8 here this evening, has to be conducted for the withdrawa of 9 the natura area, that's a I know. 0 HRS. KIRKENDALL: Does that seem to you a more 2 specific status, a natura area reserve? HR. HEARING OFFICER: Hore specific? 4 which seems a good dea more specific than a forest reserve -) 3 HRS. KIRKENDALL: Than forest reserve. 4 R. HEARING OFFICER: They accompish basicay the 5 same thing. 6 MRS. KIRKENDALL: So I woud think if what's 7 required for one woud be required for the other. 8 HR. HEARING OFFICER: I think, and I'm not passing 9 the buck, but because there is a forma ega estabished 20 Natura Areas Commission that administers or recommends to the Department, that those questions are, or whatever questions that you have, may be more propery addressed to 28 the Natura Areas Commission. 24 ~ms. KIRKENDALL: Coud you give me a suggestion on 25 how to pursue that for my own knowedge, perhaps, or peace of HcMANUS COURT REPORTERS.,

18 }. 7 2 mind, as it were? HR. HEARING OFFICER: If you woud eave me your }. I address here at the cose, I wi reay that message to the Administrator of the Natura Area Reserve Commission. HRS. KIRKENDALL: I woud appreciate that and hope you encourage them to foow -- HR. HEARING OFFICER: And express your concerns, thank you, very much. Is there anyone other than the two previous individuas that woud care to present testimony this evening? If not, I woud ike to aso in cosing state that MS. MULL: Excuse me, coud we have some questions then, didn't you say that you woud answer some of our questions as best you coud? 5 HR. HEARING OFFICER: Hrs. Hu, if it's I, specificay pertinent to the withdrawa and the withdrawa ony, and if you fee that it has direct impications and input into the pubic hearing, fine. If not, after the meeting is cosed, my and my staff woud be very happy to remain and answer any questions that you might have. HS. MULL: As a part of my testimony I did raise the question about pubic input on the and exchange which incudes the Puna forest. HR. HEARING OFFICER: And my ans\'ter is I don't know the poicies and procedures. My expertise is specificay ~chanus COURT REPORTERS

19 8 just the withdrawa portion of the forest reserves. 2 MS. MULL: If you are going to -- Mrs. Kirkenda 3 asked, you were going to pass her name on to the Natura Area I,' '} Reserve Commission, coud you aso give them my name as a representative of the Hawaii Audobon Society who wants to know how this natura area wi be treated, you know, as a part of the and exchange. We want to know the conditions under which it wi be withdrawn, and can some of it be retained as a natura area. HR. HEARING OFFICER: I won't reate that, but I wi pass on the expression of yoursef and Meissa's concerns, and he can contact you directy. 3 HR. L'ORANGE: Within the confines of what you said '. '.. i : 4 so far, are any of us here abe to contest the withdrawa of 5 these ands? 6 r-ir. HEARING OFFICER: Yes, sir. 7 MR. L'ORANGE: Is that something that has to be, I don't know whether ega is the right word, but do we have to formay contest that, and then what ramification does that have that is bein~ contested here tonight? 2 ti. HEARING OFFICER: If it is your peasure to 22 contest the withdrawa of the remaining portion of the Puna Forest Reserve, we are prepared to present to you a format which you can fi out and submit to the Department of Land and Natura Resources in terms of requesting a contested ~ctanus COURT REPORTERS

20 . :. - ~ hearing. There are procedures set out by rues and 2 reguations that aow for that, and we can present you with 3 it, actuay it's a form. 4 R. L'ORANGE: Do I understand it correcty, 5 though, that if it's not contested tonight at this meeting, 6 then it cannot be in the future contested, the withdrawa? 7 HR. HEARING OFFICER: The withdrawa, you have an ' 8 opportunity this evening to submit either in writing or 9 verbay that you woud ike to contest the withdrawa. 0 NR. L'ORANGE: I woud ike to do that. MR. HEARING OFFICER: If you woud step forward, at j 2 east identify yoursef. 3 HR. L'ORANGE: Hy name is Francois L'Orange, and I I 4 ive in Kapoho, and I woud ike to formay contest the 5 withdrawa of the and. I. 6 HR. HEARING OFFICER: Woud you present this to Hr. 7 L'Orange. 8 STAFF: You have ten days to submit this in I 9 writing. 20 HR. HEARING OFFICER: Excuse me, Hr. L'Orange, if you have any further questions in terms of deadines and why the ten days and so on, we do have the administrative rues j 23 and practices and procedures that were adopted for the 24 contested case hearings, if you wonder why it's ten days and - I 25 \'IR. L'ORANGE: Can I get a copy of that? 9 ~ McMANUS COURT REPORTERS

21 .. 20., 2 HR. HEARING OFFI ::::ER: Sure. rr. L 'ORANGE: I have another question. Is there ' I ' \ 3 I j 20 an Environmenta Impact Statement required before the State can withdraw the ands? HR. HEARING OFFICER: From the forest reserve status? MR. L'ORANGE: From the forest reserve status. HR. HEARING OFFICER: No, sir. P~. L'ORANGE: There is not? HR. HEARING OFFICER: No, sir. -R. L'ORANGE: It woud seem to me just iving in Puna, common citizen of Puna, that they woud have to have some sort of an impact statement if the State is going to se the and or exchange the and or give the and to a private concern, private individua, private corporation. NR. HEARING OFFICER: I repeat mysef, for the withdrawa of it from forest reserve status, the answer to that again is no. MR. L'ORANGE: Then the further question is then before Campbe Estate can proceed with the driing, do they 2 22 have to have an Environmenta Impact Statement? HR. HEARING OFFICER: I don't know. Again, I'm 23 j 24 I 25 confining my response to you ceary and ony for the withdrawa from the Puna Forest Reserve in -- R. L'ORANGE: I have another question. Is there HdANUS COURT REPORTERS

22 ~ " -, I r any other way besides formay contesting the withdrawa that the citizens of Puna can stop the exchange of ands? MR. HEARING OFFICER: I don't know, I answered your question, I don't know if there is any other mechanism for the citiznes of Puna to do what your question asks, I don't -), 6 7 know. MR. L'ORANGE: Woud you be abe to direct me to 8 9 j 0 -, I..,,r 2 \ ' 3 :j 4 5! ' 6 i I ' j 20 r :.F3 24 someone who woud know? In other words, my question is, how can the peope that ive out there, that reay don't know the mechanizations of the State procedures, how can we find out and get some hep from the State, find out what our ega rights are in this matter? ~ffi. HEARING OFFICER: Staff, do you have any comments? STAFF: According to the Administrative Procedures, Rues and Reguations are set up by the Department. The first step that you woud have to go through woud be a contested case proceeding. If you fai to do that, you may ose your standing in any court of appeas. HR. L'ORANGE: You said court of appeas, is that a ega court? STAFF: Third Circuit Court or Hawaii Court of Appeas or State Supreme Court. It is administrative contested case hearing is an administrative hearing, that is I 25 your first step that is required. r-icmanus COURT REPORTERS

23 }. ' r., " MR. L'ORNAGE: I don t have any other questions. HR. HEARING OFFICER: Thank you, very much. 3 MS. MULL: I don't reca that you said the time 4 frame for this withdrawa of and to take pace. 5 MR. HEARING OFFICER: I didn't, and if you are 7, , 0,~ 2,\ \ 3 I 4 I 5 > ) ; going to ask me, I woud say I don't know. The ony time frame I presented was we wi receive testimony, written, for the next 5 caendar days; and secondy, if whomever wishes to submit formay in writing the request for contested hearing, that deadine is ten days. MS. MULL: As I reca the egisature gave instructions to the Board of Land and Natura Resources to make a report to the egisature, I think, by December 5th, on the status of the and exchange. Do you reca that that is is that correct? And so I was just wondering, you see whether this and exchange itsef had to be finished by December 5th, or whether, you know, the Land Board woud just report to the egisature that they have taken these many steps now to bring about the and exchange. HR. HEARING OFFICER: Again your question, Hrs. Hu, is what? MS. MULL: The time frame for the actua withdrawa of the ands, you know, does that have to be accompished by December 5th, if possibe, you know, if it's egay HcHANUS COURT REPORTERS

24 '. 23 possibe, or does the Land Board just have to say we have 2 started, you know, the paper work that is necessary for this r withdrawa by, for one thing by having this pubic hearing? HR. HEARING OFFICER: I don't know, I can't respond to that, I don't know the answer. 6 Are there any other questions? If not, I woud ike to cose this pubic hearing for the withdrawa of the 8000 acres from the Puna Forest Reserve. I and staff wi remain after the forma portion of this pubic hearing to assist you or to answer any questions you may have. Again a reminder that we wi accept written 2 testimony for the next 5 caendar days. No further 3 4 business, I so decare this pubic hearing cosed. you, very much. Thank 5 (wnereupon the hearing was concuded at 7:45 p.m.). I B HcMANUS COURT REPORTERS

25 ~. CERTIFICATE STATE OF HAWAII ) ) CITY AND COUNTY ) OF HONOLULU ) I, EAN ss. NARIE HcHANUS, Notary Pubic, State of j Hawaii, do hereby certify: That on November 2, 985, at 7:0 o'cock p.m., the hearing contained herein was taken down by me in machine shorthand and was thereafter reduced to typewriting under my supervision; that the foregoing represents, to the best of my abiity, a true and correct copy of the proceedings had in the foregoing matter. I further certify that I am not of counse for any of the parties hereto, nor in any way interested in the outcome of the cause named in the caption. 5 Dated this day of, 9 85 ' 6 in Honouu, Hawaii. _ I HcANUS COURT REPORTERS EAN NARIE NcMANUS CSR #56 Notary Pubic, State of Hawaii My commission expires: 4/28/88

26 ) (,, '. -' v NOTICE OF PUBLIC HEARING Proposed Withdrawa of Puna Forest Reserve Lands Pursuant to Chapters 9 and 92, Hawaii Revised Statutes, and other appicabe aws notice is hereby given that the Board of Land and Nat ura Resources wi hod a Pubic Hearing beginning at 7:00 p.m., Tuesday, November 2, 985 at the State Office Buiding, Conference Rooms A, B, and C, 75 Aupuni Street, Hio, Hawaii, for the purpose of considering a proposed withdrawa of 8, acres from the Puna Forest Reserve, Tax Map Key -2-0:02, Puna, Hawaii, The subject and is set aside by Governor's Procamation dated December 22, 928, as part of the Puna Forest Reserve. Pursuant to the Decision and Order of the Board of Land and Natura Resources dated December 28, 984, the parce consisting of 8, acres is proposed to be exchanged with Campbe Estate for Campbe's Kahauaea ands. The and exchange is being proposed for the purpose of exporation and deveopment of geotherma energy pursuant to Act 296, SLH 983, and Act 5, SLH 984, providing for the designation of geotherma resource sub zones. In addition, the and exchange wi permit the acquisition of ands by the State of Hawaii to be set aside for Natura Area Reserve purposes. In order for the exchange to proceed, the and must be withdrawn from forest reserve status. Persons wishing to offer comments or testimony are invited to appear at the pubic hearing on the date and at the time and pace specified above. State of Hawaii BOARD OF LAND AND NATURAL RESOURCES Dated: October 2, 985 Pubish in the Honouu Star Buetin and Hawaii Tribune Herad, issue of October 27, 985 ~MuC?- Chairperson

27 - GEORGE R. ARIYOSHI STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES DIVISION OF LAND MANAGEMENT P. 0. BOX 62 HONOLULU, HAWAII DIVISIONS: CONVEYANCES FISH AND GAME FORESTRY LAND MANAGEMENT STATE PARKS WATER AND LAND DEVELOPMENT October 25, 985 Board of Land and Natura Resources Honouu, Hawaii Gentemen: HAWAII STATUTE: PURPOSE: Subject: Proposa for Exchange of Land Between the State of Hawaii and the Estate of ames Campbe Section 7-50, Hawaii Revised Statutes Deveopment of geotherma energy and acquisition of and for natura area reserve. ESTATE OF AMES CAMPBELL TO CONVEY TO STATE OF HAWAII: Area (Acres, LUC County Tax Map Key Approx.) Zoning Zoning --:por. 6,293. Conservation None --:por. 5, II None (Tract 22) --:por Agricuture A :0 2, II A-20 Tota 25,46.3 acres STATE OF HAWAII TO CONVEY TO ESTATE OF AMES CAMPBELL: Area (Acres, LUC County Tax Map Ke Approx. Zoning Zoning -2-0:0, Agricuture A :02 8, Conservation None Land Tite 5(b) 5 (b) -2-0:03 6, II None 5 (b) Tota 27, acres

28 Board of Land and Natura Resources October 25, 985 CONSIDERATION: REMARKS: Land exchange to be predicated on equay vaued and, to be based on independent appraisa, subject to review and acceptance by the Chairperson. Shoud the ands to be conveyed by Campbe Estate be of greater vaue than those to be conveyed by the State, the Campbe Estate wi waive the overage. Shoud the and to be conveyed by the State be of greater vaue than those to be conveyed by the Campbe Estate, the Campbe Estate wi pay the difference. The Board's December 28, 984 decision and order on the proposed geotherma subzone affecting the Kiauea upper east rift zone invited the Estate of ames Campbe to propose an exchange of ands wherein the Campbe ands adjacent to Vocanoes Nationa Park woud be conveyed to the State in exchange for state ands ocated further to the east aong the Kiauea midde east rift zone. This exchange proposa is a foow-up of the Board's decision and order. Other reated actions necessary to effectuate the decision and order wi be presented separatey for Board consideration. RECOMMENDATION: That the Board approve the exchange of and between the Estate of ames Campbe and the State of Hawaii as detaied above, subject to the foowing terms and conditions:. That the Chairperson be authorized, based on vauation of the parces as estabished by appraisa, to determine the acreage and parces to be conveyed. 2. Pubication of notice of disposition as required by aw. 3. Disapprova by the Legisature. 4. Such other terms and conditions as may be prescribed by the Chairperson to carry out the intent of the Board. Respectfuy submitted, APPROVED FOR SUBMITTAL: SUSU~N~person Administrator

29 -? -.,...,,_. \,; I~,) --GEORG-E R. ARIYOSHI _GOVERNOR OF HAWAII REt'r.~vr: o ~ 5 OCT 22 p 4 :3 FORES TK{fh>~/c~~f r985 S T'A 'tt" trr"'hf,;. ti fv'emorand UM TO: FROM: SUBECT: STATE OF HAWAI DEPARTMENT OF LAND AND NATURAL RESOURCES P. 0. BOX 62 HONOLULU. HAWAII Honorabe George R. Ariyoshi Governor, State of Hawaii Susumu Ono SUSUMU ONO, CHAIRMAN. BOARD OF LAND & NATURAL RESOURCE/ EDGAR A. HAMASU DEPUTY TO THE CHAIRMAN DIVISIONS: AQUACULTURE DEVELOPMENT PROGRAM AQUATIC RESOURCES CONSERVATION AND RESOURCES ENFORCEMENT CONVEY~S FORESTt\!f<tND WILDLIFE LAND MANAGEMENT --- STATE PARKS :: ~ WATER ND LAND DEVELOPMENT c --:i ;';' c:: -. r ~ ::;-~.; ~:-: r, -~:: r. _:.~ C>- -c:rm -~ ~-~ -~ Request to Authorize Pubic Hearing for Proposed Withdrawa of 8, Acres from the Puna Forest Reserve, Tax Map Key: -2-0:02, Puna, Hawaii The subject and is set aside by Governor's Procamation dated December 22, 928, as part of the Puna Forest Reserve. Pursuant to the Decision and Order of the Board of Land and Natura Resources dated December 28, 984, the parce consisting of 8, acres is proposed to be exchanged with Campbe Estate for Campbe's Kahauaea and. The and exchange is being proposed for the purpose of exporation and deveopment of geotherma energy pursuant to Act 296, SLH 983, and Act 5, SLH 984, providing for the designation of geotherma resource sub zones. In addition, the and exchange wi permit the acquisition of ands by the State of Hawaii to be set aside for Natura Area Reserve purposes. ;''"" c..u In order for the exchang e to proceed, the and must be withdrawn from the forest reserve. However, such withdrawa must be made subsequent to a pubic hearing pursuant to Section 83-2, Hawaii Revised Statutes. The Governor's authorization to hod a pubic hearing on the Isand of Hawaii to consider testimony for and against the proposed withdrawa and the appointment of Mr. Libert Landgraf, Administrator for the Division of Forestry and Widife, Department of Land and Natura Resources, as Master; and the authorization of the Chairperson to determine the date, time and pace for the pubic hearing are requested. -o c...> -~ '"" ' - i f7i ;Q I APPROVED/BISAPPROVED La~ Chairperson of the Board ~#r.~~

30 ITEr~ C- ACTION RECESS: RECONVENE: ITEM D- 'I i. it;: c.t:.. ~- <:,. i.y " a, c q,>othcid rcsour-u: subzone :s c ni.'t "'',,\chf' t P'i.., Puh, Haw,,'!), - and \<i have on-ste f i n t ~. t T h c i d c n t i f i c i ti on o f w h c h.ctivity wi undergo greater nement in subsequent qcothcnna ~ f pcnnitting processes. For examp e, any us o conservation and \vi require a CDU permit. Mr. Ono said the above are the main factors which were considered in arriving at the geotherma subzone as depicted on the map on the wa. Mr. Ono asked the board if they had any additiona comments. There were none so the decision and order was executed. Mr. Ono said that the Division of Water and Land s origina recommendation was to cover an area of,745 acres. The designated subzone covers an area of 8,447 acres or a reduction of 3,298 acres from what was proposed. MASTER S REPORT ON PUBLIC HEARING TO WITHDRAW STATE-OWNED LAND FROM THE PUNA FOREST RESERVE FOR EXCHANGE WITH CAMPBELL ESTATE FOR CAMPBELL S KAHAULEA LAND. Mr. Landgraf said that as evidenced by the minutes of the hearing (which were attached to the submitta) there were more strong negative feeings against the withdrawa per se. There was one request for contested case hearing but was denied on the basis that he did not have standing. Mr. Landgraf recommended that the Board accept his Master s Report and approve the withdrawa of 8, acres from the Puna Forest Reserve, District of Puna, and identified as portion of TMK -2-0:02. At Mr. Zaopany s request, the area affected was pointed out to the board from a map on the wa. Mr. Higashi asked to amend the submitta by adding the words more or ess after the acreage shown in the submitta. Unanimousy approved as recommended by Mr. Landgraf and as amended by Mr. Higashi. (Higashi/Arisumi) 9:20 A.M. in order for the audience to review the boundaries of the geotherma subzone. 9:25 A.M. RESUBMITTAL - ADOPTION OF NEW IRRIGATION WATER RATES FOR THE STATE OPERATED WAIMEA, t~olokai, AND WAit~ANALO IRRIGATION SYSTHS. Mr. Tagomori said that at the December 6, 985 meeting, the Board moved to defer this item to today s meeting to aow the Waimea farmers to address the board directy and aso that the decision making on this matter be further deferred to the anuary 0, 985 meeting in Honouu to aow the Waimanao farmers and other farmers from Mookai to again address the board directy. A fact sheet was presented to the board showing the number of farmers in the various areas. This sheet was prepared at the request of Mr. Ing at the ast board meeting. Mr. Tagomori then went on to point out the vaimea Irrigation System from a map on the wa. Mr. Tagomori aso briefed the board on staff s proposed programs for the area. Mr. Ono asked if there were any representatives from the farming community.

31 State of Hawaii Department of Land and Natura Resources Honouu, Hawaii DIVISION OF FORESTRY AND WILDLIFE December 20, 985 Board of Land and Natura ~sources Honouu, Hawaii Gentemen: SUBECT: Master's Report on Pubic Hearing to Withdraw State-owned Land from the Puna Forest Reserve for Exchange with Campbe Estate for Campbe's Kahauea Land In accordance with the Notice of Pubic Hear i03 pubished in the Honouu Star Buetin and the Hawaii Tribune Herad on October 27, 985, and as authorized by Governor George R. Ariyoshi, I have conducted a pubic heari03 on November 2, 985 reative to the withdrawa of 8, acres from the Puna Forest Reserve, District of Puna, Isand of Hawaii, bei03 set aside by Governor's Procamation dated December 22, 928, identified as a portion of 'MK -2-0:02. The and exchange is for the purpose of exporation and deveopment of geotherma energy pursuant to Act 296, SLH 983, and Act 5, SLH 984, providing for the designation of geotherma resource subzones. In addition, the and exchange wi permit the a~uisition of ands by the State of Hawaii to be set aside for natura area purposes. Minutes of the pubic hearing, pubic heari03 notice, and Board approva (Item H-6) dated October 25, 985 are attached. As evidenced by the minutes of the hearing, there were no strong negative feeings against the withdrawa per se. One contested case hearing was received and denied by the Attorney Genera's office. RECCMMENDATIOO: That the Board of Land and Natura Resources:. Accept the Master's Report, and 2. Approve the withdrawa of 8, acres from the Puna Forest Reserve, District of Puna, and identified as a portion of TMK -2-0:02. Attachments APPROVED FOR SUIM[TTAL: SUSUMU ONO, Chairperson A~d-..;;.. ('kl-(j( ITEM C- A? NoPv #&A!.C.;- U'd- Z!i'~)

32 - I I j _ j ',,. "'' ' \,;. ) ' DEPARTHENT OF LAND AND NATURAL RESOURCES STATE OF HAWAII Pubic Hearing for ) Proposed Withdrawa ) of 8, Acres ) from the Puna Forest ) Reserve, Tax Map Key: ) -2-0:02, Puna, Hawaii. ) ) PUBLIC HEARING Before Libert Landgraf, on November 2, 985, commencing at 7:0p.m., at the State Office Bui0ing, Conference Rooms A, B, C, 75 Aupuni Street, Hia, Hawaii. BEFORE: ean Marie McManus, CSR #56 Notary Pubic, State of Hawaii MeMANUSCOURTREPORTERS

33 2 I INDEX \ 2 PUBLIC WITNESSES PAGE 3 MAE MULL 7 4 MELISSA KIRKENDALL j ;; Me~IANUS COURT REPORTERS

34 ' ' NR. CHAIRHAN: I woud ike to convene this Pubic 2 Hearing. First of a, I woud ike to introduce mysef, my 3 3 name is Libert Landgraf, and I'm the Administrator of the 4 Division of Forestry and Widife, State of Hawaii, 5 Department of Land and Natura Resources. j For the record, since it is reativey short, I woud ike to read the notice of this Pubic Hearing, which wi basicay set the stage for what we are about to do here this evening. Incidentay, since \ e have a rather sma group this evening, if you can't hear me in the back, pease either raise your hand or throw a shoe or something, and I' speak 3 up a itte ouder. ~ ) 4 The notice of this Pubic Hearing states that pursuant to Chapters 9 and 92 of the Hawaii Revised Statutes and other appicabe aws, notice is hereby given that the Board of Land and Natura Resources wi hod a Pubic Hearing beginning 7:00 p.m., Tuesday, -November 2, 985, at the State Office Buiding, Conference Rooms A, Band C, 75 Aupuni Street, Hio Hawaii, for the purpose of considering a proposed withdrawa of 8, acres from the Puna Forest 22 Reserve, Tax Map Key: -2-0:02, Puna, Hawaii. 28 The subject and is set aside by Governor's 24 Procamation dated December 22nd, 928, as part of the Puna 25 Forest Reserve. HcNANUS COURT REPORTERS

35 ' ' 4 j, _ B Pursuant to the Decision and Order of the Board of Land and Natura Resources dated December 28, 984, the parce consisting of 8, acres is proposed to be exchanged with Campbe Estate for Campbe Estate Kahauaea ands. The and exchange is being proposed for the purpose of exporation and deveopment of geotherma energy, pursuant to Act 296, State Laws of Hawaii, 983; and Act 5, State Laws of Hawaii, 984, providing for the designation of geotherma resource subzones. In addition, the and exchange wi permit the acquisition of ands by the State of Hawaii to be set aside for natura area reserve purposes. In order for the exchange to proceed, the and must be withdrawn from forest reserve status. Persons wishing to offer comments or testimony are invited to appear at the pubic hearing on the date and time and at the pace specified above, Board of Land and Natura Resources, signed by Mr. Susumu Ono, chairperson and member. This notice appeared in the Honouu Star Buetin, October 27, 985; and in the Hio Tribune Herad on Ocboter 27, 985. The authority for me personay to conduct this hearing was authorized by the Govenor, in a memorandum from Govenor George Ariyoshi to Hr. Susumu Ono, and it approved rchanus COURT REPORTERS

36 '.. 5., ~ and specificay appoints me, Mr. Libert Landgraf, as the Master to conduct this hearing. In terms of procedures, I think most of us here are famiiar with the procedures, and have either conducted or appeared at pubic hearings in the past. We do have a sign-up sheet here on the front tabe to my right. If you wish to present testimony, either written or ora, if you woud be kind enough to sign up on that, we wi 9 use that as the ist in terms of order of who appears. If you are not on that ist, pease sign up, and we woud prefer if you woud print. If anyone comes in after that sheet has been presented to me, I wi announce ater in this pubic hearing for any further testimony, either written or ora. ) If you woud be kind enough pease, if you are going to testify, if you woud identify yoursef and whom you represent, if it's an organization or an individua, it reay doesn't make any difference, but that way we wi be certain to have you propery identified and your testimony not fa through the crack somewhere. Aso in terms of procedures, again I reiterate, it's soey for the purpose of receiving your testimony, and your comments, there wi be no cross examination of witnesses from the gaery or from peope testifying. Mysef 24 and appicabe staff who are here wi respond to any 25 questions that you may have. But again, they wi have to be HcMANUS COURT REPORTERS

37 }. 't 6 ~ questions that are pertinent and appicabe to this 2 withdrawa. 3 And again, I reiterate, it is for the withdrawa of 4 that approximatey 8,800 acres from the Puna Forest Reserve 5 for which I have aready expained. 6 There is basicay no time imit in your testimony, 7 however, for the sake of meeting the time schedue, I think 8 there is a time that we have to be out of here, I woud j i 9 appreciate it if you woud make it to the point. 0 Again, I don't want this to be misinterpreted as we are attempting to musce anyone or not give anyone their fair 2 and appropriate time, quote in court, unquote. 3 If there are those of you here this evening that 4 represent an organization, a community or a group of peope, 5 and wish rather than individuay coming up and testifying, 6 wish to seect a spokesperson, that is perfecty acceptabe, 7 and we wi have no probems there. 8 I think, uness you have any questions in terms of 9 the purpose of this hearing, the procedures, or the format, 20 which I woud receive any comments regarding that at this 2 time, we wi go ahead and take the sign-up sheet in terms of 22 peope who wish to testify, and proceed. Hearing no names, I wi proceed with the ist of 24 peope wishing to testify. The first person that wishes to 25 testify is Mrs. Mae Mu, and the organization is the Hawaii HcNANUS COURT REPORTERS

38 ., Audobon Society. Mae, if you woud be kind enough to step forward here. TESTH0NY OF MAE r>iull MS. MULL: My name is Mae Mu, I'm a resident of I j r 5 6 Vocano, and I have been authorized to present testimony on behaf of the Hawaii Audobon Society, and aso to raise 7 questions on behaf of the Audobon Society. The Audobon Society's interest in this goes back -- in these ands - reay goes back for a ong time because these ands provide habitat for a number of native Hawaiian birds. Of particuar interest more recenty has been the estabishment of the natura area reserve system, and discussions went on, I think it was five or six years ago 4 here in Hio, on the estabishment of a natura area reserve : out of these Puna Forest Reserve ands, and the Hawaii Audobon Society was one among severa organizations and groups who were very much interested in having this natura area reserve set up. And I remember that the State District Forester, at that time, Mr. Landgraf, was very active aso in wanting to have that natura area reserve set up, and he contributed reay a ot of hep in getting it accompished. And now I know the purpose of the hearing tonight is for the withdrawa of ands fro~ the Puna Forest Reserve and not specificay fro~ the natura area reserve, but in HcHANUS COURT REPORTERS

39 .. ' ~ 8 our view, you just cannot separate those competey, because 2 there are a ot of the same type of forest invoved there. 3 I understand we are having the pubic hearing 4 because it is required by aw, before ands can be taken out 5 of the forest reserve, the pubic must have an opportunity 6 for input. But yet I want to ask about the natura area 7 reserve ands that are just right adjacent to it that are 8 reay a part of it, that is, is no pubic hearing required 9 for the withdrawa of the natura area reserve ands? 0 Those reay, in a way, have a higher category of protection than the Puna Forest Reserve. They were speciay 2 set apart, and the uses there are much more restricted and 3 imited of the natura area reserve ands than of the forest 4 reserve ands. 5 I woud aso ike to point out that the Puna -- the 6 forest reserve ands are in the highest category that is 7 possibe to attain under the state aw, that is the 8 protective subzone of the Conservation District. There is no 9 more and that has a higher degree of protection than that, 20 except probaby fo~ the natura area of reserve ands. But 2 those aso have a protective subzone category. 22. So I think this is a rea very serious matter about taking ands, withdrawing them from the forest reserve, when 24 they are aready recognized by the Department of Land and 25 Natura Resources, by the Board and by the Governor, these HctANUS COURT REPORTERS

40 9 ~ 2 are aready recognized as of very good quaity forest areas. So it just isn't ike it's SOQe junk degraded piece } ) ~ of forest, you know, that sometimes there are pieces of and ike that in the forest reserve that are taken out, and have been in the past taken out for other agricuture purposes, this is not that category, you know, kind of and at a. A ot of that Puna forest ands is in the category that Dr. Lamoureux cas high quaity wet ohia habitat for native species. So this reay, it cannot be done very ighty. I have a ot of questions to ask on behaf of the Society, as far as the and exchange goes. For one thing, wi there be an opportunity for any pubic input on the and exchange, the way there is for this hearing now on the withdrawa of the forest ands? Or is it just decided between the Land Board and the andowner, if they come to agreement, then it goes to the egisature, then it's up to the egisature to decide whether that and exchange is in the best interest of the State? Is there any opportunity for pubic input on that and exchange? We are reay concerned because of the pubic notices that have come out as a resut of the Land Board's meetings, and where it indicates that this whoe Puna mid rift forest, the natura area and the Puna Forest Reserve, and some State ag ands are going to be swapped in tota for Hc!>ANUS COURT REPORTERS

41 , 0.. ~ 2 a of Campbe Estate ands at Kahauaea ana some and that is not even in Kahauaea. 3 There reay must be a time, in our view, for the I ; j State and the andowners invoved in this exchange to isten to pubic comment on the and exchange. For one thing we woud oppose very strongy the remova of a of the Wao Kee '0 Puna natura area reserve as a part of the and exchange. It is our beief that there are ands in that natura area reserve which are simpy unsuitabe for geotherma deveopment. A arge part of that forest area, the northern part of the forest area, the north western part of the forest area is not necessary and competey unneeded for geotherma deveopment. It has the protective subzone status, and as I understand it in the and exchange, the and use category is not changed, it wi retain that protective subzone status. And the uses woud be, wi there are very imited uses that the private andowner coud put to it. But I think there has to be an opportunity for the Land Board to ist~n to it. We do not want a of that 2 natura area reserve to be exchanged to Campbe Estate, some 22 of those ands are unsuitabe. I think there is a question ;B about whether Campbe Estate woud even want to have some of 24 those ands. And they were put in a natura area reserve. 25 We woud ike to see some way where those ands up HcMANUS COURT REPORTERS

42 -, _, ~.., 4. 3 in the northwest portion of the natura area reserve and the ands that are in the southern part of the rift zone stay in the natura area reserve. 4 Anoth2~ frobem that we have with the and } exchange, and I'm bringing up this question now because I don't know if I' have a chance again to bring it up, is about the Campbe Estate ag ands. In the documents that have come out from the Board, it appears that some of Campbe Estate ag ands that are not even a part of Kahauaea woud be in the exchange, and the State woud receive some of those ands. You see the yeow area over there, that is the Kahauaea, then the and south of that is a continuation of the Kahauaea Puu, some of those ands are competey ruined ands that reay have no use as far as native forest protection goes any more. Some of those ands have just gone through this ohia chipping to suppy wood t 7 8 chips to run the boiers there at Keeau, and that and has no vaue any more as a native forest, it's not even in the 9 Kahauaea Puu. We take a very strong position that that and b3 shoud remain with.campbe Estate and shoud not become a part of State ands. If Campbe wants, I'm sure they coud use it for some kind of an agricuture use, they shoud do it. It's ag 24 ands now that its forest vaue is just ruined. 25 We generay-- I'd ike to say this positive, make Hc.r-IANUS COURT REPORTERS

43 2., ~ these positive comments about the and exchange. ~ve - 2 generay favor a and exchange. We are very much in favor } 3 of the principe of the prime forest areas of Kahauaea 4 becoming a natura area reserve. I'm gad that the State has come up with this kind of a proposa. We want that to happen. We want, you know, a fair and exchange. And we have, if it's necessary for the Puna-- if '} 8 these 9,000 acres of the Puna Forest Reserve to be a part of 9 that, we reaize that there has to be some tradeoffs, so we. j 0 reaize we can't have Kahauaea natura area reserve and ' 2 expect to save everything in the mid rift too, we do understand that. 3 But we want some of these vaues that I have 4 addressed here to be very carefuy considered, and we reay 5 ask, wi there be an opportunity for pubic input, and a 6 of these questions invoving the and exchange? Thank you, 7 very much, for the opportunity to raise these questions. 8 MR. HEARING OFFICER: Thank you, very much, Mrs. 9 Nu. 20 The next person that has indicated they woud ike to present testimony is Meissa Kirkenda. TESTIMONY OF MELISSA KIRKENDALL 2;3 MRS. KIRKENDALL: My name is Meissa Kirkenda, I 24 ive in Kaohe HoQestead, have ived there for 3 years on a 25 piece of property adjacent to Wao Kee '0 puna and the Puna McMANUS COURT REPORTERS

44 ~ Forest Reserve. As I understand, before I start, as I understand what carne out, what we are doing tonight is just withdrawing 4 the 8000 acres from forest reserve. Now the entire thing is forest reserve though, in addition to the natura area reserve, from what I understand, so I am a itte confused on that point. However, I reaize whatever I say is basicay at 9 this point mute. So what I woud ike to say is that I fee, 0 as Mae Mu does, that a ot of concern shoud go into this, it shoud not be done ighty. I beieve that in 928 when this was set up, it was done so for a purpose for State ands, for peope to use as a widife refuge, for nature to proiferate. In addition, there is a great dea of hunting that : j is done there, athough no hunters are representing themseves here, I do fee that their concerns are important and shoud be taken into consideration. This is aso a watershed area, that's one of the reasons that the natura forest reserves were set up, to 2 preserve this entire environment. And I woud fee remiss 22 were I not to te you that I do not fee that taking this :B out of the forest reserve is reay right. I do fee 24 strongy about this, that wid ands are diminishing, and I 25 reaize that it's been promised that the area in Kahauaea t:ichanus COURT REPORTERS

45 4., 2 wi become a natura area reserve. I'm not sure that that area there is -- it is very } I 3 pristene, I have heard, I've not been in there mysef. I reaize that we need a the areas that we can at this point. It's just important to me that this not be done ighty. I think something that a govenor stated in 928 and set aside shoud take a ot of thought before it is just done away \vi th. For the sake of a the pubic, this is not something that is up for a vote, do we want to take this pubic and that beongs to a of the peope, a of the 2 residents of the State of Hawaii. There wi be no vote on this, it wi be subject to the Board's decision, which I do firmy beieve has aready been made. I wish that there were more peope here to 6 represent this particuar viewpoint. I know there are a ot 7 8 of peope who fee this strongy about it. However, I did want to state my viewpoint about this iving next to a forest 9 reserve, having chosen to ive next to a forest reserve and 20 reaizing that I wi no onger ive next to a forest 2 reserve. Thank you. 22 rr. HEARING OFFICER: Excuse me, before you eave, 2;3 I think, uness there is additiona testimony, for a point of 24 carification, if I may get to the map and expain what is 25 happening here, and I apoogize for it, because ooking over NcHANUS COURT REPORTERS

46 .... ~ the audience this evening, I assumed that a of you here know what we are taking about and have been there. And I don't anticipate any cross examination here between you and 4 5 I, but I just, if I coud summarize it again, I apoogize. The origina Puna Forest Reserve that was set up is this ine that's right in here. And then what happened for the natura area reserve when it was set up, this green L shape piece here th~t ooks ike a baby crib or baby carriage, that was formay withdrawn. So by pubic hearings simiar to what I'm doing here this evening, this was withdrawn from this whoe piece here and the natura area is estabished. _ 3 And this remained in forest reserve status, this I 4 5 portion here, that's the part that we are taking about this evening MRS. KIRKENDALL: Right. HR. HEARING OFFIER: I assume HRS. KIRKENDALL: I do.understand that from this, I do have one quesiton, athough I won't cross examine., 20 HR. HEARING OFFICER: Fine MRS. KIRKENDALL: -i there be a time, or a hearing within which point the Wao Kee '0 Puna natura area 23 reserve wi be withdrawn from said status? ) know. R. HEARING OFFICER: I don t know, I reay don t McMANUS COURT REPORTERS

47 .... HRS. KIRKENDALL: There is no rue that says that 2 just as we have to withdraw the forest reserve from that 6 } 3 status, we aso have to withdraw a natura area reserve, I 5 even sti, it seems ike that woud require its own hearing. 6 r.ffi. HEARING OFFICER: I am not aware of any 7 requirements that a pubic hearing, per se as I'm conducting 8 here this evening, has to be conducted for the withdrawa of 9 the natura area, that's a I know. 0 HRS. KIRKENDALL: Does that seem to you a more specific status, a natura area reserve? 2 r-ir. HEARING OFFICER: Bore specific? 4 which seems a good dea more specific than a forest reserve 3 MRS. KIRKENDALL: Than forest reserve. 4 MR. HEARING OFFICER: They accompish basicay the 5 ' 6 -} 7 same thing. HRS. KIRKENDALL: So I woud think if what's required for one woud be required for the other. 8 t-r. HEARING OFFICER: I think, and I'm not passing 9 the buck, but because there is a forma ega estabished 20 Natura Areas Commission that administers or recommends to ' 2 22 the Department, that those questions are, or whatever questions that you have, may be more propery addressed to ~ the Natura Areas Commission. 24 ~ffis. KIRKENDALL: Coud you give me a suggestion on 25 how to pursue that for my own knowedge, perhaps, or peace of HcMANUS COURT REPORTERS

48 } 7,, 2 mind, as it were? HR. HEARING OFFICER: If you \voud eave me your ' ' ' address here at the cose, I wi reay that message to the Administrator of the Natura Area Reserve Commission. HRS. KIRKENDALL: I woud appreciate that and hope you encourage them to foow -- HR. HEARING OFFICER: And express your concerns, thank you, very much. Is there anyone other than the two previous individuas that woud care to present testimony this evening? If not, I woud ike to aso in cosing state that MS. MULL: Excuse me, coud we have some questions then, didn't you say that you woud answer some of our questions as best you coud? 5 MR. HEARING OFFICER: Mrs. Mu, if it's 6 7 specificay pertinent to the withdrawa and the withdrawa ony, and if you fee that it has direct impications and 8 input into the pubic hearing, fine. If not, after the 9 20 meeting is cosed, my and my staff woud be very happy to remain and answer any questions that you might have. 2 MS. MULL: As a part of my testimony I did raise 22 Z3 the question about pubic input on the and exchange which incudes the Puna forest HR. HEARING OFFICER: the poicies and procedures. And my answer is I don't know My expertise is specificay McHANUS COURT REPORTERS

49 8 just the withdrawa portion of the forest reserves. 2 MS. MULL: If you are going to -- Mrs. Kirkenda 3 asked, you were going to pass her name on to the Natura Area I. '} 4 Reserve Commission, coud you aso give them my name as a 5 6 representative of the Hawaii Audobon Society who wants to know how this natura area wi be treated, you know, as a 7 part of the and exchange. We want to know the conditions 8 9 under which it wi be withdrawn, and can some of it be retained as a natura area. 0 'IR. HEARING OFFICER: I won't reate that, but I wi pass on the expression of yoursef and Meissa's 2 concerns, and he can contact you directy. 3 HR. L'ORANGE: Within the confines of what you said. '. ' ~... 4 so far, are any of us here abe to contest the withdrawa of 5 these ands? 6 HR. HEARING OFFICER: Yes, sir. 7 HR. L'ORANGE: Is that something that has to be, I don't know whether ega is the right word, but do we have to formay contest that, and then what ramification does that have that is being. contested here tonight? 2 t4r. HEARHG OFFICER: If it is your peasure to 22. contest the withdrawa of the remaining portion of the Puna Forest Reserve, we are prepared to present to you a format which you can fi out and submit to the Department of Land and Natura Resources in terms of requesting a contested HctANUS COURT REPORTERS

50 ' :. 9 ~ 2 hearing. There are procedures set out by rues and reguations that aow for that, and we can present you with 3 it, actuay it's a form. 5 though, that if it's not contested tonight at this meeting, 4 rr. L'ORANGE: Do I understand it correcty, '} ' 2 3 { 4 then it cannot be in the future contested, the withdrawa? HR. HEARING OFFICER: The withdrawa, you have an opportunity this evening to submit either in writing or verbay that you woud ike to contest the withdrawa. NR. L'ORANGE: I woud ike to do that. f.r. HEARING OFFICER: If you woud step forward, at east identify yoursef. HR. L'ORANGE: Hy name is Francois L'Orange, and I ive in Kapoho, and I woud ike to formay contest the 5 I. 6 7 withdrawa of the and. L'Orange. HR. HEARING OFFICER: Woud you present this to t r. r 8! 9 writing. STAFF: You have ten days to submit this in 20 HR. HEARING OFFICER: Excuse me, Hr. L'Orange, if. j 2 22 h3 24 you have any further questions in terms of deadines and why the ten days and so on, we do have the administrative rues and practices and procedures that were adopted for the contested case hearings, if you wonder why it's ten days and - 25 NR. L'ORANGE: Can I get a copy of that? McMANUS COURT REPORTERS

51 :. ".. ' NR. HEARING OFFICER: Sure. 2 r-tr. L'ORANGE: I have another question. Is there 20 ' I 3 an Environmenta Impact Statement required before the State 4 can withdraw the ands? 5 HR. HEARING OFFICER: From the forest reserve " 6 status? 7 MR. L'ORANGE: From the forest reserve status. T 8 MR. HEARING OFFICER: No, sir. 9 vir. L' ORANGE: There is not? 0 HR. HEARING OFFICER: No, sir. 2 -ir. L'ORANGE: It woud seem to me just iving in Puna, common citizen of Puna, that they woud have to have \ 3 some sort of an impact statement if the State is going to I 4 se the and or exchange the and or give the and to a 5 private concern, private individua, private corporation. 6 HR. HEARING OFFICER: I repeat mysef, for the 7 withdrawa of it from forest reserve status, the answer to 8 that again is no. 9 MR. L'ORANGE: Then the further question is then j 20 before Campbe Estate can proceed with the driing, do they 2 22 have to have an Environmenta Impact Statement? HR. HEARING OFFICER: I don't know. Again, I'm 23 confining my response to you ceary and ony for the 24 withdrawa from the Puna Forest Reserve in HR. L'ORANGE: I have another question. Is there HcHA~US COURT REPORTERS

52 ' f ~ ,-) , 9 0 ''''{ 2 2 any other way besides formay contesting the withdrawa that the citizens of Puna can stop the exchange of ands? MR. HEARING OFFICER: I don't know, I answered your question, I don't know if there is any other mechanism for the citiznes of Puna to do what your question asks, I don't know. MR. L'ORMiGE: Woud you be abe to direct me to someone who woud know? In other words, my question is, how can the peope that ive out there, that reay don't know the mechanizations of the State procedures, how can we find out and get some hep from the State, find out what our ega rights are in this matter? \ 3 _I. 4 comments? MR. HEARING OFFICER: Staff, do you have any d 5 I 6 \. 7, 8 9. j 20 r -} E 24, 25 : STAFF: According to the Administrative Procedures, Rues and Reguations are set up by the Department. The first step that you woud have to go through woud be a contested case proceeding. If you fai to do that, you may ose your standing in any court of appeas. HR. L'ORANGE: You said court of appeas, is that a ega court? STAFF: Third Circuit Court or Hawaii Court of Appeas or State Supreme Court. It is administrative contested case hearing is an administrative hearing, that is your first step that is required. HcMANUS COURT REPORTERS

53 } - f.. 22 HR. L'ORNAGE: I don't have any other questions. 2 HR. HEARING OFFICER: Thank you, very much. 3 MS. MULL: I don't reca that you said the time 4 frame for this withdrawa of and to take pace. 5 R. HEARING OFFICER: I didn't, and if you are 7, 6 f 7 going to ask me, I woud say I don't know. The ony time frame I presented was we wi receive testimony, written, for j 8 the next 5 caendar days; and secondy, if whomever wishes 9 to submit formay in writing the request for contested I ;, 0 hearing, that deadine is ten days..,~ 2 MS. MULL: As I reca the egisature gave instructions to the Board of Land and Natura Resources to ' \ 3 make a report to the egisature, I think, by December 5th, 4 on the status of the and exchange. f 5 Do you reca that that is is that correct? And so I was just wondering, you see whether this and exchange itsef had to be finished by December 5th, or whether, you ' 8 know, the Land Board woud just report to the egisature 9 that they have taken these many steps now to bring about the 20 and exchange Hu, is what? HR. HEARING OFFICER: Again your question, Hrs. :&3 MS. MULL: The time frame for the actua withdrawa 24 of the ands, you know, does that have to be accompished by 25 December 5th, if possibe, you know, if it's egay HcHANUS COURT REPORTERS

54 '. 23 I possibe, or does the Land Board just have to say we have started, you know, the paper work that is necessary for this withdrawa by, for one thing by having this pubic hearing? HR. HEARING OFFICER: I don't know, I can't respond to that, I don't know the answer. 6 Aie there any other questions? If not, I woud ike to cose this pubic hearing for the withdrawa of the 8000 acres from the Puna Forest Reserve. I and staff wi remain after the forma portion of this pubic hearing to assist you or to answer any questions you may have. Again a reminder that we wi accept written 2 testimony for the next 5 caendar days. No further 3 4 business, I so decare this pubic hearing cosed. you, very much. Thank 5 (wnereupon the hearing was concuded at 7:45 p.m.) E HcMANUS COURT REPORTERS

55 ~ STATE OF HAWAII ) ss. CITY AND COUNTY ) OF HONOLULU ) I, EAN NARIE HcHANUS, Notary Pubic, State of Hawaii, do hereby certify: CERTIFICATE 24 j That on November 2, 985, at 7:0 o'cock p.m., the hearing contained herein was taken down by me in machine shorthand and was thereafter reduced to typewriting under my supervision; that the foregoing represents, to the best of my abiity, a true and correct copy of the proceedings. I ; had in the foregoing matter. I further certify that I am not of counse for any of the parties hereto, nor in any way interested in the outcome of the cause named in the caption. Dated this in Honouu, Hawaii. day of NcANUS COURT REPORTERS, 9 85 ' EAN NARIE NcMA.NUS CSR #56 Notary Pubic, State of Hawaii My commission expires: 4/28/88

56 ,.,, I. -. v NOTICE OF PUBLIC HEARING Proposed Withdrawa of Puna Forest Reserve Lands Pursuant to Chapters 9 and 92, Hawaii Revised Statutes, and other appicabe aws otice is hereby given that the Board of Land and Natura Resources wi hod a Pubic Hearing beginning at 7:00 p.m., Tuesday, November 2, 985 at the State Office Buiding, Conference Rooms A, B, and C, 75 Aupuni Street, Hia, Hawaii, for the purpose of considering a proposed withdrawa of 8, acres from the Puna Forest Reserve, Tax Map Key -2-0:02, Puna, Hawaii, The subject and is set aside by Governor's Procamation dated December 22, 928, as part of the Puna Forest Reserve. Pursuant to the Decision and Order of the Board of Land and Natura Resources dated December 28, 984, the parce consisting of 8, acres is proposed to be exchanged with Campbe Estate for Campbe's Kahauaea ands. The and exchange is being proposed for the purpose of exporation and deveopment of geotherma energy pursuant to Act 296, SLH 983, and Act 5, SLH 984, providing for the designation of geotherma resource sub zones. In addition, the and exchange wi permit the acquisition of ands by the State of Hawaii to be set aside for Natura Area Reserve purposes. In order for the exchange to proceed, the and must be withdrawn from forest reserve status. Persons wishing to offer comments or testimony are invited to appear at the pubic hearing on the date and at the time and pace specified above. State of Hawaii BOARD OF LAND AND NATURAL RESOURCES Dated: October 2, 985 Pubish in the Honouu Star Buetin and Hawaii Tribune Herad, issue of October 27, 985 ~Muc?. Chairperson

57 GEORGE R. ARIYOSHI GOVERNOR Of '4AWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES DIVISION OF LAND MANAGEMENT P. 0. BOX 62 HONOLULU. HAWAII DIVISIONS: CONVEYANCES FISH ANO GAME FORESTRY LAND MANAGEMENT STATE PARKS WATER AND LAND OEVELOPMENT October 25, 985 Board of Land and Natura Resources Honouu, Hawaii Gentemen: HAWAII STATUTE: PURPOSE: Subject: Proposa for Exchange of Land Between the State of Hawaii and the Estate of ames Campbe Section 7-50, Hawaii Revised Statutes Deveopment of geotherma energy and acquisition of and for natura area reserve. ESTATE OF AMES CAMPBELL TO CONVEY TO STATE OF HAWAII: Area (Acres, LUC County Tax Map Key Approx.) Zoning Zoning --:por. 6,293. Conservation None II --:por. 5, (Tract 22) None --:por Agricuture A :0 2, II A-20 Tota 25,46.3 acres STATE OF HAWAII TO CONVEY TO ESTATE OF ANES CAMPBELL: Area (Acres, LUC County Land Tax Map Key Approx. Zoning Zoning Tite -2-0:0, Agricuture A-20 5 (b) -2-0:02 8, Conservation None 5 (b) -2-0:03 6, II None 5 (b) Tota 27, acres I TE ~t '! ~ :t- s

58 Board of Land and Natura Resources October 25, 985 CONSIDERATION: REMARKS: Land exchange to be predicated on equay vaued and, to be based on independent appraisa, subject to review and acceptance by the Chairperson. Shoud the ands to be conveyed by Campbe Estate be of greater vaue than those to be conveyed by the State, the Campbe Estate wi waive the overage. Shoud the and to be conveyed by the State be of greater vaue than those to be conveyed by the Campbe Estate, the Campbe Estate wi pay the difference. The Board's December 28, 984 decision and order on the proposed geotherma subzone affecting the Kiauea upper east rift zone invited the Estate of ames Campbe to propose an exchange of ands wherein the Campbe ands adjacent to Vocanoes Nationa Park woud be conveyed to the State in exchange for state ands ocated further to the east aong the Kiauea midde east rift zone. This exchange proposa is a foow-up of the Board's decision and order. Other reated actions necessary to effectuate the decision and order wi be presented separatey for Board consideration. RECOMMENDATION: That the Board approve the exchange of and between the Estate of ames Campbe and the State of Hawaii as detaied above, subject to the foowing terms and conditions:. That the Chairperson be authorized, based on vauation of the parces as estabished by appraisa, to determine the acreage and parces to be conveyed. 2. Pubication of notice of disposition as required by aw. 3. Disapprova by the Legisature. 4. Such other terms and conditions as may be prescribed by the Chairperson to carry out the intent of the Board. Respectfuy submitted, APPROVED FOR SUBMITTAL: SUSU~N~person Administrator

59 SPA~ M. MATSUNAGA /' HAWAII ~ WASHINGTON OFFICE: y 09 HART BUILDING V ASHINGTON. DC 2050 HONOLULU OFFICE: 304 PRINCE KUHIO BUILDING HONOLULU, HI tnittd ~tatts ~matt WASHINGTON, DC 2050 December 9, 985 '' " I/Lfo CHIEF DEPUTY DEMOCRATIC WHIP/ MEMBER: / COMMITTEE ON FINANCE COMMITTEE ON ENERGY AND NATURAL RESOURCES ', (. COMMITTEE ON LABOR AND HUMAN RESOURCES COMMITTEE ON VETERANS' AFFAIRS Mr. Susumu Ono Chairman Board of Land and Natura Resources Kaanimoku Buiding 5 Punchbow Street Honouu, Hawaii 9683 Dear Sus: I am writing on behaf of severa of IT constituents regarding the proposed withdrawa of the Puna Forest Reserve. My constituents are concerned that transfer of ownership of the reserve to the private sector wi ead to commercia deveopment and the destruct ion of one of the ast reserves in Puna. I understand that a petition for a contested case hearing has been fied, and I woud greaty appreciate an update on the status of the petition at your eariest convenience. Aoha and best wishes. Sincerey, r-- C"Y,:) ~ y ~ c.:_:.: ---- :_ ;-r-. c_ c-.:.' c; - rv i --r - i en r f"' > ~ c~ -; -t.=, m 3: ::u rr~~ ::z: s;>o C). c.o ' ' ' j -~-.. i'i 0

60 j GEORGE R. ARIYOSHI GOVERNOR \ STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL LAND/TRANSPORTATION DIVISION ROOM 300, KEKUANAO'A BUILDING 465 SOUTH KING STREET HONOLULU, HAWAII 9683 December 5, 985 RECEIVED P3:46.t.IIEMORANDUM TO: FROM: L±bert Landg raf, Forestry Division, DLNR Wiiam M. Tam. Deputy Attorney Genera SUBECT: Encosed pease fin>} a draft etter for ~r. Ono' s consideration rejecting kr. L'Orange's petition for a contested case hearing on the proposed withdrawa of the Puna Forest Reserve. WMT:dsk Enc. Wiiam M. Tam Deputy Attorney Genera,_ r" C_-:.;.? tc;- ;::'._;;,-.--- ~~- { ~,- r- ;:-.~ c- -""'... ~ z 'ry- ~;:o r:~ "- <::::::>

61 ,. ~ ~ December, 985 Mr. Francois C. L'Orange P. 0. Box 548 Pahoa, Hawaii Dear Mr. L'Orange: We received your written petition for a contested case hearing on the proposed withdrawa of and from the Puna Forest Reserve. First, pease note that the withdrawa of and from forest reserves is governed by Hawaii Revised Statutes 83- through -22, not Hawaii Revised Statutes 83-4 as noted in your petition. Hawaii Revised Statutes 83-2 provides in reevant part that Before setting.apart any government ands under this chapter or before revoking, modifying or suspending any orders and procamations or any part thereof which set apart such ands as forest reservations, the governor sha give not ess than fourteen days notice, by advertisement in not ess than two newspapers, pubished in the State of his intention

62 to consider either the setting apart of government and for forest reservation under this chapter, or the revoking, modifying, or suspending of any orders and procamations or any part thereof which set aside such ands. Notice was pubished in the Honouu Star-Buetin and the Hio Tribune Herad on October 27, 985. There is no provision for individua notxce to property owners. The pubic hearing was hed on November 2, 985. ~ Second, athough the withdrawa of the forest reserve designation has been proposed in order to consummate a and exchange with the Estate of ames Campbe, the and wi remain in the conservation district and subject to the requirements ~f H.R.S. Chapter 83. Moreover, the proposed withdrawa of the Puna Forest Reserve designation wi not create any new or changed use of the and nor wi it in any way affect the water resources in the area. Third, private ownership does not precude the and from ater being surrendered for forest reserve purposes. H.R.S provides that a private andowner may, upon written agreement with the Department of Lgnd and Natura Resources, surrender to the government the care, custody and

63 contro of any and as forest reserve and for a period of not ess than twenty years. During the period of the surrender, no taxes are evied or coected on the and. Finay, athough you ive in Kapoho, you own no rea property anywhere in Puna and have not otherwise demonstrated how your persona interests are different from those of the pubic generay. is hereby denied. Therefore, your petition for a contested case hearing Very truy yours, Susumu Ono, Chairperson On behaf of the Board of Land and Natura Resources

64 ~" '~ ~~; (if.~ I FRANCOIS C. L'ORANGE POST OFFICE BOX 548 PAHOA, HAWAII TELEPHONE PETITION FOR A CONTESTED CASE HEARING ~,j if\ 2i PI: ~0 BOARD OF LAND AND NATURAL RESOURCES. 2o 3o 4 0 So Name Add ress FRANCOIS C. L'ORANGE Attorney (if any) Address Subject matter: POST OFFICE BOX 548 PAHOA, none Phone PROPOSED WITHDRAWAL OF THE PUNA FOREST RESERVE Date of pubic hearing/board meeting NOV. 2, 985 Lega authority under whic~hearing, proceeding or action is TITLE DLNR: SUBTITLE, CHAPT., PAB: 29. being made Nature of your specific ega interest in the above matter, ':"' SEE ATTACHED incuding tax map key of property affected: BUT NOT LIMITED THERETO o./ I / f'o.. povt c) - X.~:~ 9o The specific disagreement, denia or grievance with the above SEE ATTACHED BUT NOT LIMITED THERETO matter: 0. Outine of specific issues to be raised: BUT NOT LIMITED THERETO. SEE ATTACHED. Outine of basic facts: SEE ATTACHED BUT NOT LIMITED THERETO Roger---- Post irary -Anne Maude ean ---- Barbara ---- Fie in To Caro:-:~:-o, I

65 I # "',--,.....'.. 2. The reief or remedy to which you seek or deem yoursef entited: SEE ATTACHED BUT NOT LIMITED THERETO.. (If there is not sufficient space to fuy answer any of the items above, use additiona sheets of paper.) The above-named person hereby requests and petitions the Board of Land and Natura Resources for a contested case hearing in the matter described above. ~ Dated: NOVEMBER 9, 985 FRANCOIS C. L 0RANGE

66 Request for Contested Case Status F. C. L' ORANGE Attachment #I Question #8 My specific ega interest in the proposed withdrawa of the Puna For~~t Reserve is: I am a registered voter and a ega resident of Puna, Hawaii. These are Pubic Lands manag ed by the State of Hawaii for the Peope of Hawaii; here specificay for the residents of Puna. I have~ iri the sense, a ega right as a resident to e.nsure that these ands are, in fact, managed in the best interests of mysef and my neighbors in Puna and the Peope of Hawaii. I have a specific ega interest in that the Board's decision (i e. the Board of the Dept. of Land and Natura Resources) wi effect mysef and my neighbors in Puna shoud the Board deceide to transfer ownership of the Puna Forest Reserve from the Peope of Hawaii to private ownership. I am contest- this propt)sed withdrawa in my name and in the name of the Peope of Puna who are opposed to such a withdrawa. As ong as the Puna Forest Reserve is pubic~ owned, mysef and the residents of Puna are protected by aw as to the uses of this Forest and Watershed area: Inprivatey owned status, however, the rues and reguations regarding us_e of this Forest and Watershed area for the most part are no onger appicabe.. This proposed withdrawa of the Puna Forest Res.erve is of great and overriding concern to me and to my neighbors. To most of us it is the mqat significant thing in our ives at this time I have a ega and mora obigation as a citizen in a democratic country to ensure to the best of my abiity that eected and/or appointed government Q!.ficias aqt.ing in my nam~ act and decede issues in a manner consist~n.t.. with the residents most affected best interests. In this case, withdrawa of Pubic Land, the Puna Forest Reserve is not in the best interests of the peope most effected. Likewise, exchange and conversion to private ownership with the very rea possibiity of commercia deveopment is not in any way in the best interests of the residents of Puna. Fina-y~ the Puna Forest Reserve is a portion of the ast remaining Forest' Reserve in Puna. I have a ega interest and responsibiity to ensure that there is Pubic Land in Puna avaiabe to hunters, nature-overs, peope, ike mysef, who find it necessary to ~o into the Puna Forest Reserve in order to preserve our physica, menta and spiritua webeing by communing with and experiencing the tranquiity and peace and serenity of the natura Forest. To some of us residents of Puna the substitution of Kahaue'a wi not suffice. The Puna Forest' Reserve is in our backyard and s the Forest that contributes to our sense of webeing, our humaness, our kinship and connection to a ife and a iving thlngs. These are my ega, mora and spiritua interests in this matter before the Board and for these reasons I ask contested case status. I woud aso add to the above that I am representing a or at the east some of those andowners whose property is directy affected by this proposed change and withdrawa and who were not notified by mai according to HRS (3). f the andowners above I a~ aso representing and contesting inhth~ nam~o~ the quaity of and some residents and farmers of Puna w o ear ~ their county water shoud the proposed withdrawa occur.

67 ..,, Request for Contested Case Status F.C. L'ORANGE Attachmen.t,#2 Question #9 That the Puna Forest Reserve shoud NOT be withdrawn from the Forest Res rve System nor shoud it be considered for and exchange a~ this time. Question #0. A That the-origina intent of cons~qering this and for ecxhange was to ena'be the estabishment of a Geotherma Resource Subzone in the Kfi~ruea Midde East Rift Zone. As the proposed boundaries-- of the Geotherma Resource Subzone do NOT incude any and within the Puna Fbrest Reserve there is NO compeing reason to incude these ands. That~ in fact, ANY proposed exchange of this area must:c:.')e ba~ed SOLELY on its own merits. B. That the request for the withdrawa vioates the provisions of section 83-4 (d) of the Hawaii Revised Statutes that specificat"require the Dept of Land and Natura Resources to notif~- a andowners whose property is directy affected by any proposed change by mai not ess than 20 days prior to the date set for the hearing. This requirement was NOT compied with. C. The pot~ntia socia costs are not in the best interests of the peope of Puna. If this Pubic Forest Reserve and is withdrawn and paced in_priyate qwnership there is the possibiity of commercia deve9prrient. At this time we simpy do not know the potentia co~sequences of such deveopment on the Watershed a~e-~s that suppy wat'er to:- the 'peope of Puna Therefore the farmers crops and residents of Puna are :tn potentia risk shoud this withdrawa occur. Question # The withdrawa of acres from the Puna Forest Reserve is contrary to and a vioation of the ceary defined duties of th~ Dept of Land arid Natura Resources as set down in aw in HRS 83- (2 )' (3) ( 4). These duties mandated by aw are. care ot -the Forest-reservations; 2. protection of Forest and Water ~~ppy; 3- sef supp6~t of f6rests. The Dept. of Land and \Natura Resources reason for the proposed withdrawa is to exchange it with Campbe Estate for their pri- ~vatey owned Kahaue'a in order to faciitate an even arger (6, acres) exchange of Pubicy owned Conservation and Natura Area Reserve Forest and with Campbe Estate for their privatey ewned Kahaue~a and. I woud suggest and argue that under the Laws of Hawaii above aready cited) and under HRS 83-2 and HRS 7-50 the proposed withdrawa is invaid and contrary to both and intent of the Laws of Hawaii. (see (a) that spirit

68 Request for Contested Case Status F.C. L'ORANGE Attachment #3 Question # continued. The Dept. of Land and Natura Resources in the person of the Boa~d has no compeing and overriding reason to withdraw this Pubicy owned Conservation Zoned Pristine Puna Forest Reserve. In addition, under HRS 7-50 (a) pubic notice of any proposed change sha be given in accordance with HRS 7-6 (d) and under HRS 83-4 (3) the Dept. of Land and Natura Resources sha give notice by mai to a andowners whose property is directy affected b~ any proposed change. Having spoken with andowners directy affected by this proposed withdrawa and change I have been unabe to find any directy affected andowner who was notified by mai and I do not beieve that the Dept. of Land and Natura Resources did, in fact, notify these andowners by.mai as mandated by aw. I am contesting this proposed withdrawa in my name as a resident of funa who wi be directy and indirecty affected by such a withdrawa and aso in the name of the property owners whose property wi be directy affected by the proposed change in order that their rights are protected and represented before the Dept. of Land and Natura Resources under the Laws of the State of Hawaii. I woud suggest that the Dept.-of Land and Natura Resources' position in this matter is hastiy conceived, ibadvised, contrary to the best interests of the Peope of Hawaii most especiay the Peope of Puna, not sufficienty pubicized to Puna residents who are most directy affected. Except for two.individuas, there has been no pub~ic debate or imput on this proposed withdrawa. Most Puna residents are unaware their Forest, the Puna Forest Reserve, is proposed to become private property. I woud argue that under the provisions of HRS 83-4 (4) where the Law states the Dept. of Land and Natura Resources sha govern the use of and within the boundaries of the Forest and Water reserve Zones as wi NOT be determenta to the conservation and deveopment of WATER RESOURCES adequate for present and future needs and the conservation and preservation of open space areas for fublic use and enjoyment that the proposed withdrawa is unawfu. A substantia portion, if not a, of the County Water suppy for Puna is percoated and aquifered through the Puna Forest Reserve and the Puna Natura Area Reserve. This water is essentia for the ife of the Peope of Puna and for the growing of crops to feed these peope. Shoud these-.:.'pubic Lands become pr~~te property the Peope of Puna who ra) on these For~st and ~»9und aquifers for drinking and farming ooud be at risk i.e.~ water coud become contaminated. The. County Water in Puna is,~ some documentation, ceaner and,wrer than th~ groundwater in Hamakua and Kau. In fact, the Puna County Water is, by some measures, the ceanest water on the entire East Side of the Isand of Hawaii primariy because of the untouched and pristine.cortdition. of the Puna Forest Reserve and the Natura Area Reserve in PunA.

69 . I.: I! ~equest for Contested Case Stahus F.C. L' ORANGE Attachment #4 Question # continued. No decision by the Dept. of Land and Natura Resources can fai to recognize and take into account the potentiay grave consequences to the Puna County Water suppy especiay since the Dept. of Land and Natura Resources is expressy directed by State Law to preserve and conserve the sources of water suppy and the Watershed areas i.e. this conservation and Puna Forest Reserve Land. I woud suggest that much more st~dy and documentation and pubic debate on the reationship of this whoe Conservation Zone incuding the Puna Forest Reserve and the Puna Water suppy is demanded for the futu~e heath and indeed Life of the residents of Puna. As a Puna resident who recognizes this I must contest the proposed withdrawa in my name and in the name of Puna residents on Puna County Water to ensure that our rights anq egitimate conce~ns about our water suppy are brought to the attention of the Dept. of Land and Natura Resources and the Board. Additionay, under HRS 83-3 I beieve the Puna County Water Wes ocated between Pahoa and Keaau fa under the cassification of Watershed Areas and that again much more study and documentation is needed before Pubic Lands, i.e. the Puna Forest Reserve and the Natura Area Reserve,.are paced in private prope~ty status. We simpy cannot afford to make a mistake or a hasty decision regarding the suppy of W~ter to Puna residents. Water is critica to the Life of the Puna residents, to the farmers for their crops and indeed to a ife in Puna. Accordingy the Dept. Of Land and Natura Resources shoud deay and ~ostpone the proposed withdrawa of the Puna Forest Reserve. Finay, this proposed withdrawa of the Puna Forest Reserve is NOT NECESSARY. This Forest Reserve ies totay outside the proposed Geotherma Resource Subzone. It is NOT necessary to the Geotherma Subzone; there is NO ogica or direct connection between the two areas; they are totay seperate and distinct from one another. Therefore there is NO reason for the Board to consider the withdrawa at this time. This withdrawa must be considered on its own merits and not as part of or in connection with any other matter. -This withdrawa is a seperate and distinct case and shoud be treated by the Board in that manner. Question #2 A. That the proposed withdrawa of the Puna Forest Reserve ITSELF be withdrawn and canceed. B. That the Puna Forest Reserve be so designated IN PERPETUITY by the State Legisature. C; If the Dept. of Land and Natura Re sources sti deems the proposed withdrawa necessary then the Dept. of Land and Natura Resources shoud be required to foow the procedures set forth in HRS 83-4 (3,Notice, Hearings) as to notification by mai of a. effectea andowners PRIOR to a pubic hearing on such a proposed withdrawa of the Puna Forest Reserve. D. Any consideration of a proposed withdrawa and/or exchange of the Puna Forest Reserve shoud be based stricty on its own merits and as seperate and distinct from considera~ionsjhearings on the proposed Geotherma Resource Subzone.

70 . ~ C..Op e ~ c\- -\:.~e. o..bc:> \<2... o.~ ~\\ c a:\ \ c ~.Ipr eon\-e~-\ed heo..r\ n~ ~-\a.\. LS, o.'fe_ a.\~a be\n9 mo.\\~d -\a -\k -\o\\o\...0\ns per~f'~ o.x~d r-._ed~~~tu\~ "'t:x:t\""\\.e..\ \(.. "):"'(\ ou. ') e.., S~'tK t'<\. \\a:\su.nc.gck.. L:o..n\e. \ \(. ~.o..\:o... C E C.'L\_ \-\e_ Y\e \ os An ~e \e ~ \,''{Y'\ es Sa.~ ='ra.nc. \~co Chr~~ \c..\e_ So..n \:>"~o L\.n\o~ So..c ro.yy\e\'"\-\c: Bee. ~0-S.h\ "'s-'~y"\ t=>c~ ~ ~<!...0 Ljoc \:<.. -r fv\. e.~ -\- \.o \ r ~ bu.ne. 't-k ro..d b\ohduu... Stc-.v- ~t\\-\--en t-\oy'\0\u.\l. P-tdv~rt~ Sc:. ~

71 : GEORGE R. ARIYOSHI GOVERNOR ~~-.!!([;V~df_ ~\t}' : ~ \~"~-. :' ~~... ~---:.::-...> :::.ff..s::-~~- \ STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL LANDfTRANSPORTATION DIVISION ROOM 300, KEKUANAO'A BUILDING 465 SOUTH KING STREET HONOLULU. HAWAII 9683 December 5, 985 RECE.VED p:46 MEMORANDUM TO: FROM: Liebert Landg:r:af, Forestry Division, DLNR Wiiam M. Tam. Deputy Attorney Genera SUBECT: Encosed pease find a draft etter for Mr. Ono's consideration rejecting Mr. L'Orange's petition for a contested case hearing on the proposed withdrawa of the Puna Forest Reserve. WMT:dsk Enc. Wiiam M. Tam Deputy Attorney Genera.

72 ."--.. December, 985 Mr. Francois C. L'Orange P. 0. Box 548 Pahoa, Hawaii Dear Mr. L'Orange: We received your written petition for a contested case hearing on the proposed withdrawa of and from the Puna Forest Reserve. First, pease note that the withdrawa of and from forest reserves is governed by Hawaii Revised Statutes 83- through -22, not Hawaii Revised Statutes 83-4 as noted in your petition. Hawaii Revised Statutes 83-2 provides in reevant part that Before setting.apart any government ands under this chapter or before revoking, modifying or suspending any orders and procamations or any part thereof which set apart such ands as forest reservations, the governor sha give not ess than fourteen days notice, by advertisement in not ess than two newspapers, pubished in the State of his intention

73 to consider either the setting apart of government and for forest reservation under this chapter, or the revoking, modifying, or suspending of any orders and procamations or any part thereof which set aside such ands. Notice was pubished in the Honouu Star-Buetin and the Hio Tribune Herad on October 27, 985. There is no provision for individua notice to property owners. The pubic hearing was hed on November 2, 985. Second, athough the withdrawa of the forest reserve designation has been proposed in order to consummate a and exchange with the Estate of ames Campbe, the and wi remain in the conservation district and subject to the requirements of H.R.S. Chapter 83. Moreover, the proposed withdrawa of the Puna Forest Reserve designation wi not create any new or changed use of the and nor wi it in any way affect the water resources in the area. Third, private ownership does not precude the and from ater being surrendered for forest reserve purposes. H.R.S provides that a private andowner may, upon written agreement with the Department of Land and Natura Resources, surrender to the government the care, custody and =~. - ;

74 contro of any and as forest reserve and for a period of not ess than twenty years. During the period of the surrender, no taxes are evied or coected on the and. Finay, athough you ive in Kapoho, you own no rea property anywhere in Puna and have not otherwise demonstrated how your persona interests are different from those of the pubic generay. is hereby denied. Therefore, your petition for a contested case hearing Very truy yours, Susumu Ono, Chairperson On behaf of the Board of Land and Natura Resources

75 I rrancois C. L'ORANGE POST OFFICE BOX 548 PAHOA, HAWAII TELEPHONE PETITION FOR A CONTESTED CASE HEARING BOARD OF LAND AND NATURAL RESOURCES I. Name 2. Add ress,~ FRANCOIS C. L 0RANGE 0879 f Phone Attorney (if any) Address Subject matter: POST OFFICE BOX 548 PAHOA, none HAWAII 967' Phone ' '., I ''.. '... 7-tr- : <_/'-; \\ ~ t:. -d ST/\IE Gr HA~V~ PROPOSED WITHDRAWAL OF THE PUNA FOREST RESERVE Date of pubic hearing/board meeting NOV. 2, Lega authority under which hearing, proceeding or action is TITLE DLNR: SUBTITLE, CHAPT., PAH: 29. being made Nature of your specific ega interest in the above matter, SEE ATTACHED incuding tax map key of property BUT NOT LIMITED THERETO. affected: Ko.. pofa o - g_--u---q:i 9. The specific disagreement, denia or grievance with the above SEE ATTACHED BUT NOT LIMITED THERETO matter: 0. Outine of specific is ues to be raised: BUT NOT LIMITED THERETO. SEE ATTACHED. Outine of basic facts: SEE ATTACHED BUT NOT LIMITED THERETO Roger ---- Post i rary Anne Maude ean ---- Barbara ---- _ Fie in ~--:'"' ;._-...;;,. _. -To Caro For )

76 i... '....,. 2. The reief or remedy to which you seek or deem yoursef entited: SEE ATTACHED BUT NOT LIMITED THERETO.. (If there is not sufficient space to fuy answer any of the items above, use additiona sheets of paper.) The above-named person hereby requests and petitions the Board of Land and Natura Resources for a contested case hearing in the matter described above. Dated: NOVEMBER 9, 985 FRANCOIS C. L 0RANGE

77 Request for Contested Case Status F.C. L ORANGE Attachment #I Question #8 My specific ega interest in the proposed withdrawa of the Puna For~~t Reserve is: I am a registered voter and a ega resident of Puna, Hawaii. These are Pubic Lands manag ed by the State of Hawaii for the Peope of Hawaii; here specificay for the residents of Puna. I have~ in the sense, a ega right as a resident to ~nsure that these ands are, in fact, managed in the best interests of mysef and my neighbors in Puna and the Peope of Hawaii. I have a specific ega interest in that the Board's decision (i e. the Board of the Dept. of Land and Natura Resources) wi effect mysef and my neighbors in Puha shoud the Board deceide to transfer ownership of the Puna Forest Reserve from the. Peope of Hawaii to private ownership. I am contest- this prowsed withdrawa in my name and in the name of the Peope of Puna who are opposed to such a withdrawa. As ong as the Puna Forest Reserve is pubicy owned, mysef and the residents of Puna are protected by aw as to the uses of this Forest and Watershed area~ Inprivatey owned status, however, the rues and reguations regarding u~e of this Forest and Watershed area for the most part are no onger appicabe. This proposed withdrawa of the Puna Forest Re_s.erve is of great and overriding concern to me and to my neighbors. To most of us it is the moat significant thing in our ives at this time. I have a ega and mora obigation as a citizen in a democratic country to ensure to the best of my abiity that eected and/or appointed government Q.f'.ficias aq~ing in my nam~ act and deceide issues in a manner consist~n.t.. with the residents most affected best interests. In this case, withdrawa of Pubic Land, the Puna Forest Reserve is not in the best interests of the peope most effected. Likewise, exchange and conversion to private ownership with the very rea possibiity of commercia deveopment is not in any way in the best interests of the residents of Puna. Fina y~ the Puna Forest Reserve is a portion of the ast remaining Fores'tii Reserve in Puna. I have a ega interest and responsibiity to ensure that there is Pubic Land in Puna avaiabe to hunters, nature overs, peope, ike mysef, who find it necessary to (?O into the Puna Forest Reserve in order to preserve our physical, menta and spiritua webeing by communing with and experiencing the tranquiity and peace and serenity of the natura Forest. To some of us residents of Puna the substitution of Kahaue'a wi not suffice. The Puna Forest'Reserve is in our backyard and_is the Forest that contributes to our sense of webeing, our humaness, our kinship and connection to a ife and a iving thl~s. These are my ega, mora and spiritua interests in this matter before the Board and for these reasons I ask contested case status. I woud aso add to the above that I am representing a~i orf~t ~~~ east some of those andowners whose property is direc Y a ec by this provosed change and withdrawa and who were not notified by mai according to HRS (3). f the andowners above I am aso representing and contesting inhth~ nam~o~ the quaity of and some residents and farmers of Puna w o ear u their county water shoud the proposed withdrawa occur.

78 Request f'or Contested Case Status F.C. L'ORANGE Attachment,#2 Question #9 That the Puna Forest Reserve shoud NOT be withdrawn f'rom the Forest Reserve System nor shoud it be considered f'or and exchange a~ this time. Question #0 A That the-origina intent of cons~oering this and for ecxhange was to ena;>e the estabishment of a Geotherma Resource Subzone in the Kii:rtiea Midde East Rift Zone. As the proposed boundaries- of the Geotherma Resource Subzone do NOT incude any and within the Puna Forest Reserve there is NO compeing reason to incude these ands. That~ in fact, ANY proposed exchange of this area must::...f>e b;-sed SOLELY on its own merits. B. That the reques~ f'or the withdrawa vioates the provisions of section 83-4 (d) of the Hawaii Revised Statutes that-specifica~ require the Dept of Land and Natura Resources to notif~- a andowners whose property is directy affected by any proposed change by mai nqt ess than 20 days prior to the date set for the hearing. This requirement was NOT compied with. C. The pot ntia socia costs are not in the best interests of the peope of Puna. If this Pubic Forest Reserve and is withdrawn and paced in_priyate gwnership there is the possibiity of commercia deve(:>prrient. At this time we simpy do not know the potentia coqsequences of such deveopment on the Watershed S:t!e~s that suppy wafer ~o the peope of' Puna Therefore the fartrers, crops and r:esidents of Puna are ~n potentia risk shoud this withdrawa occur. Question # The withdrawa of acres from the Puna Forest Reserve is contrary to and a vioation of the ceary defined duties of th~ Dept. of Land arid Natura Resources as set down in aw in HRS 83- (2 )" (3) ( 4). These duties mandated by aw are. care ot the Forest reservations; 2. protection of Forest and Water ~~ppy; 3. sef' suppci~t of' f'6rests. The Dept. of' Land and \Natura Resources reason for the proposed withdrawa is to exchange it with Campbe Estate for their pri- 'vatey owned Kahaue'a in order to faciitate an even arger (6, acres) exchange of Pubicy owned Conservation and Natura Area Reserve Forest and with Campbe Estate for their privatey ewned Kahaue ta and. I woud suggest and argue: that under the Laws of Hawaii above aready cited) and under HRS 83-2 and HRS 7-50 the proposed withdrawa is invaid and contrary to both and intent of the Laws of Hawaii. (see (a) that spirit

79 Request for Contested Case Status F. c. L I ORANGE Attachment #3 Question # continued. '. The Dept. of Land and Natura Resources in the person of the Boa~d has no compeing and overriding reason to withdraw this Pubicy owned Conservation Zoned Pristine Puna Forest Reserve. In addition, under HRS 7-50 (a) pubic notice of any proposed change sha be given. in accordance with HRS 7-6 (d) and under HRS 83-4 (3) the Dept. of Land and Natura Resources aha give notice by mai to a andowners whose property is directy affected by any proposed change. Having spoken with andowners directy affected by this proposed withdrawa and change I have been unabe to find any directy affected andowner who was notified by mai and I do not beieve that the Dept. of Land and Natura Resources did, in fact, notify these andowners by.mai as mandated by aw. I am contesting this proposed withdrawa in my name as a resident of funa who wi be directy and indirecty affected by such a withdrawa and aso in the name of the property owners whose property wi be directy affected by the proposed change in order that their rights are protected and represented before the Dept. of Land and Natura Resources under the Laws of the State of Hawaii. I woud suggest that the Dept. of Land and Natura Resources' position in this matter is hastiy conceived, il-advised, contrary to the best interests of the Peope of Hawaii most espec- -;;-.., ia y the Peope of Puna, not sufficienty pubicized to Puna..-. residents who are most directy affected. Except for two individuas, there has been no pubic debate or imput on this proposed withdrawa. Most Puna residents are unaware their Forest, the Puna Forest Reserve, is proposed to become private property. I woud argue that under the provisions of HRS 83-4 (4) where the Law states the Dept. of Land and Natura Resources sha govern the use of and within the boundaries of the Forest and Water reserve Zones as wi NOT be determenta to the.conservation and deveopment of WATER RESOURCES adequate for present and future needs and the conservation anq preservation of open space areas for fublic use and enjoyment that the proposed w.thdrawa.s unawf'u. A substantia portion, if no~ a, of the County Water suppy f'or Puna is percoated and aquif'ered through the Puna Forest Reserve and the Puna Natura Area Reserve. This water.s essentia for the if'e of the Peope of Puna and for the growing of crops to feed these peope. Shoud" these-.:.'pbic Lands become prvpte property the Peope of Puna who raj~ on these For~st and ~~und aquifers for drinking and farming ooud be at risk.e.~water coud become contaminated. The. County Water in Puna is,.,_ some documentation, ceaner and p.wrer than th~ groundwater in Hamakua and Kau. In fact, the Puna County Water is, by some measures, the ceanest water on the entire East Side of the Isand of Hawaii primariy because of the untouched and pristine.coridition. of the Puna Forest Reserve and the Natura Area Reserve in Pu~.

80 Request for Contested Case Status F.C. L 0RANGE Attachment #4 Question # continued. No decision by the Dept. of Land and Natura Resources can fai to recognize and take into account the potentiay grave consequences to the Puna County Water suppy especiay since the Dept. of Land and Natura Resources is expressy directed by State Law to preserve and conserve the sources of water suppy and the Watershed areas i.e. this conservation and Puna Forest Reserve Land. I woud suggest that much more st~dy and documentation and pubic debate on the reationship of this whoe Conservation Zone incuding the Puna Forest Reserve and the Puna Water suppy is demanded for the future heath and indeed Life of the residents of Puna. As a Puna resident who recognizes this I must contest the proposed withdrawa in my name and in the name of Puna residents on Puna County Water to ensure that our rights anq egitimate conce~ns about our water suppy are brought to the attention of the Dept. of Land and Natura Resources and the Board. Additionay, under HRS 83-3 I beieve the Puna County Water Wes ocated between Pahoa and Keaau.fa under the cassification of Watershed Areas and that again much more study and documentation is needed before Pubic Lands, i.e. the Puna Forest Reserve and the Natura Area Reserve,.are paced in private property status. We simpy cannot afford to make a mistake or a hasty decision regarding the suppy of W~ter to Puna residents. Water is critica to the Life of the Puna residents, to the farmers for their crops and indeed to a ife in Puna. Accordingy the Dept. Of Land and Natura Resources shoud deay and postpone the proposed withdrawa of the Puna Forest Reserve. Finay, this proposed withdrawa of the Puna Forest Reserve is NOT NECESSARY. This Forest Reserve ies totay outside the proposed Geotherma Resource Subzone. It is NOT necessary to the Geotherma Subzone; there is NO ogica or direct connection between the two areas; they are totay seperate and distinct from one another. Therefore there is NO reason for the Board to consider the withdrawa at this time. This withdrawa must be considered on its own merits and not as part of or in connection with any other matter. This withdrawa is a seperate and distinct case and shoud be treated by the Board in that manner. Question #2 A. That the proposed withdrawa of the Puna Forest Reserve ITSELF be withdrawn and canceed. B. That the Puna Forest Reserve be so designated IN PERPETUITY by the State Legisature. C; If the Dept. of Land and Natura Resources sti deems the proposed withdrawa necessary then the Dept. of Land and Natura Resources shoud be required to foow the procedures set forth in HRS 83-4 (3,Notice, Hearings) as to notification by mai of a. effected andowners PRIOR to a pubic hearing on such a proposed withdrawa of the Puna Forest Reserve. D. Any consideration of a proposed withdrawa and/or exchange of the Puna Forest Reserve shoud be based stricty on its own merits and as seperate and distinct from considerations/hearings on the proposed Geotherma Resource Subzone.

81 C..Ope~ ct -\:.\}~ o..bove.. O.t>i>\\ca:\.\a~.Ipr con-\e-s-\ed heo.r\ n~ ~-\-a\ LLS. a..'(' e... a. \~a bet n9 mo.\\e d -\-a -\k -\c\ \ot.a\ ':3 percs.df\s o..n<i ~edstd--~tu\ ~ o "'t::xtv"\ \e.\ \(_. -:r:--(\c)u.. ') e_, S~v-~ f'<\. \\a:\su.nugo-.. :u.n \e.\ \(. ~ \(o..\(q C E c'l\ \-\e. Y\-e \ os An~e\e~ \\'V'Y'eS Sa.."'- Tra.V\C \S.co ChroV\\c..\e. So..'-" ~VL'30 L\.n \ o" So..c ro.rne n-\<:) Be. e. ~0-S.h\ "'g-\c)y"'\ ~c~ ~ ~(!.L0 Ljo,k \\~~~ -+t\.o \v- ~ Gu.ne... :-kro..d --\on.d.uu._ st~v- ~t~\-en \:-\on:>\ u. \ u... f\dv ~.:t"-\- ~ s c. te...

82 .,. ~.-r " ~~ I ~ANCOIS C. L'ORANGE POST OFFICE BOX 548 PAHOA, HAWAII TELEPHONE PETITION FOR A CONTESTED CASE HEARING BOARD OF LAND AND NATURAL RESOURCES 0 ' I FRANCOIS C. L 0RANGE "'~0879f5' _;;,:,,;_., '' '":!. Name ~ ~hone POST OFFICE BOX 548 PAHOA, HAWAII 967'78 2. Add ress none 3. Attorney (if any) Phone -,. '...:...;) Address PROPOSED WITHDRAWAL OF THE PUNA FOREST RESERVE Subject matter: NOV. 2, 985 Date of pubic hearing/board meeting Lega authority under which hearing, proceeding or action is TITLE DLNR: SUBTITLE, CHAPT., PAR: 29. being made Nature of your specific ega interest in the above matter, SEE ATTACHED incuding tax map key of property affected: BUT NOT LIMITED THERETO. 9. The specific disagreement, denia or grievance with the above SEE ATTACHED BUT NOT LIMITED THERETO matter: 0. Outine of specific issues to be raised: BUT NOT LIMITED THERETO. SEE ATTACHED. Outine of basic facts: SEE ATTACHED BUT NOT LIMITED THERETO Roger Post ibrary Anne ean Maude Barbara ---- Fie in To Caroi.-::F:-or

83 2. The reief or remedy to which you seek or deem yoursef entited: SEE ATTACHED BUT NOT LIMITED THERETO (If there is not sufficient space to fuy answer any of the., items above, use additiona sheets of paper.) The above-named person hereby requests and petitions the Board of Land and Natura Resources for a contested case hearing in the matter described above. Dated: NOVEMBER 9, 985 FRANCOIS C. L 0RANGE

84 Request for Contested Case Status F. C. L' ORANGE Attachment #I Question #8 My specific ega interest in the proposed withdrawa of the Puna For~jt Reserve is: I am a registered voter and a ega resident of Puna, Hawaii. These are Pubic Lands managed by the State of Hawaii for the Peope of Hawaii; here specificay for the residents or Puna. I have~ iri the sense, a ega right as a resident to ensure that these ands are, in fact, managed in the best interests of Mysef and my neighbors in Puna and the Peope of Hawaii. I have a specirc ega interest in that the Board's decision (i e. the Board of the Dept. of Land and Natura Resources) wi effect mysef and my neighbors in Puna shoud the Board deceide to transfer ownership of the Puna Forest Reserve from the Peope of Hawaii to private ownership. I am contest- this proposed withdrawa in my name and in the name of the Peope of Puna who are opposed to such a withdrawa. As ong as the Puna Forest Reserve is pubicy owned, mysef and the residents of Puna are protected by aw as to the uses of this Forest and Watershed area: Inprivatey owned status, however, the rues and reguations regarding u~e or this Forest and Watershed area for the most part are no onger appicabe. This prop6sed withdrawa of the Puna Forest Re~~rve is of great and overriding concern to me and to my neighbors. To most of us it is the m~t significant thing in our ives at this time I have a ega and mora obigation as a citizen in a democratic country to ensure to the best of my abiity that eected and/or appointed government Qfficias aqt;ing in my name act and deceide issues in a manner consist~.n.t.. with the residents most affected best interests. In this case, withdrawa of Pubic Land, the Puna Forest Reserve is not in the best inter~sts of the peope most effected. Likewise, exchange and conversion to private ownership with the very rea possibiity of commercia deveopment is not in any way in the best interests of the rest-dents of Puna. Fina-y~ Fores'tf-'Reserve in Puna. the Puna Forest Reserve is a portion of the ast remaining I have a ega interest and responsibiity to ensure that there is Pubic Land in Puna avaiabe to hunters, nature overs, peope, ike mysef, who find it necessary to go into the Puna Forest Reserve in order to preserve our physica, menta and spiritua webeing by communing with and experiencing the tranquiity and peace and serenity of the natura Forest. To some of us residents of Puna the substitution of Kahaue'a wi not suffice. The Puna Forest Reserve is in our backyard and_is the Forest that contributes to our sense of webeing, our humaness, our kinship and connection to a ife and a iving th~ngs. These are my ega, mora and spiritua interests in this matter before the Board and for these reasons I ask contested case status. I woud aso add to the above that I am representing a or at the east some of those andowners whose property is directy affected by this proposed change and withdrawa and who were not notified by mai according to HRS. ~83-4 (3). t me of the andowners above!n~ma~!!or~:i~:~~~t!~~ ~~~m~~~t~~t~~~ai~hoh~e~~ for the quaity of their county water shoud the proposed withdrawa occur.

85 - Request for C F.C. L'ORANGE,ested Case Status Attachment.#2 Question #9 That the Puna Forest Reserve shoud NOT be withdrawn from the Forest Reserve System nor shoud it be considered for and exchange a~ this time. Question #0. A That the-origina intent of cons~qering this and for ecxhange was to ena~e the estabishment of a Geotherma Resource Subzone in the KiL:h.iea Midde East Rift Zone. As the proposed boundaries of the Geotherma Resource Subzone do NOT incude any and within the Puna Forest Reserve there is NO compeing reason to incude these ands. That~ in fact, ANY proposed exchange of this area must~.:be.. based SOLELY on its own merits. B. That the request for the withdrawa vioates the provisions of section 83-4 (d) of the Hawaii Revised Statutes that-specificay require the Dept of Land and Natura Resources to notif~. _ a andowners whose property is directy affected by any proposed-change by mai not ess than 20 days prior to the date set for the hearing. This, requirement was NOT compied with. C. The pot~ntia socia costs are not in the best interests of the peope of Puna. If this Pubic Forest Reserve and is withdrawn and paced in_priyate gwnership there is the possibiity of commercia deve9prrient. At this time we simpy do not know the potentia coqsequences of such deveopment on the Watershed are~s that suppy wafer ~o the peope of Puna Therefore the farmers, crops and residents of Puna are :tn potentia risk shoud this withdrawa occur. Question #. The withdrawa of acres from the Puna Forest Reserve is contrary to and a vioation of the ceary defined duties of the Dept_. of Land arid Natura Resources as set down in aw in HRS 83- (2} (3) (4). These duties mandated by aw are.care ot.the Forest reservations; 2. protection of Forest and Water ~~ppy; 3. sef suppb~t of frirests. The Dept. of Land and \Natura Resources reason for the proposed withdrawa is to exchange it with Campbe Estate for their pri- vatey owned Kahaue'a in order to faciitate an even arger (6, acres) exchange of Pubicy owned Conservation and Natura Area Reserve Forest and with Campbe Estate for their privatey ewned Kahaueta and. I woud suggest and argue that under the Laws of Hawaii above aready cited) and under HRS 83-2 and HRS 7-50 the proposed withdrawa is invaid and contrary to both and intent of the Laws of Hawaii. (see (a) that spirit

86 Request for Cont;-.:sted Case Status F. c. L I ORANGE Attachment #3 Question # continued. The Dept. of Land and Natura Resources in the person of the Board has no compeing and overriding reason to withdraw this Pubicy owned Conservation Zoned Pristine Puna Forest Reserve. In addition, under HRS 7-50 (a) pubic notice of any proposed change sha be given in accordance with HRS 7-6 (d) and under HRS 83-4 (3) the Dept. of Land and Natura Resources sha give notice by mai to a andowners whose property is directy affected b~ any proposed change. Having spoken with andowners directy affected by this proposed withdrawa and change I have been unabe to find any directy affected andowner who was notified by mai and I do not beieve that the Dept. of Land and Natura Resources did, in fact, notify these andowners by.mai as mandated by aw. I am contesting this proposed withdrawa in my name as a resident of Puna who wi be directy and indirecty affected by such a withdrawa and aso in the name of the property owners whose property wi be directy affected by the proposed change in order that their rights are protected and represented before the Dept. of Land and Natura Resources under the Laws of the State of Hawaii. I.woud suggest that the Dept. of Land and Natura Resources' position in this matter is hastiy conceived, i:.advised, contrary to the best interests of the Peope of Hawaii most especiay the Peope of Puna, not sufficienty pubicized to Puna residents who are most directy affected. Except for two individuas, there has been no pubic debate or imput on this proposed withdrawa. Most Puna residents are unaware their Forest, the Puna Forest Reserve, is proposed to become private property. I woud argue that under the provisions of HRS 83-4 (4) where the Law states the Dept. of Land and Natura Resources sha govern the use of and within the boundaries of the Forest and Water reserve Zones as wi NOT be determenta to the conservation and deveopment of WATER RESOURCES adequate for present and future needs and the conservation anq preservation of open space areas for fublic use and enjoyment that the proposed withdrawa is unawfu!. A substantia portion, if no~ a, of the County Water suppy for Puna is percoated and aquifered through the Puna Forest Reserve and the Puna Natura Area Reserve. This water is essentia for the ife of the Peope of Puna and for the growing of crops to feed these peope. Shoud these..:,pubic Lands become pr~.4ite property the Peope of Puna who r~ on these For~st and ~;9und aquifers for drinking and farming ooud be at risk.e.~ water coud become contaminated. The. County Water in Puna is, ~ some documentation, ceaner and ~rer than th~ groundwater in Hamakua and Kau. In fact, the Puna County Water is, by some measures, the ceanest water on the entire East Side of the Isand of Hawaii primariy because of the untouched and pristine.cortdition. of the Puna Forest Reserve and the Natura Area Reserve in Pu~..;...-'". - "!:

87 Request for Conte F. C. L' ORANGE Attachment #4 ad Case Status Question # continued. No decision by the Dept. of Land and Natura Resources can fai to recognize and take into account the potentiay grave consequences to the Puna County Water suppy especiay since the Dept. of Land and Natura Resources is expressy directed by State Law to preserve and conserve the sources of water suppy and the Watershed areas i.e. this conservation and Puna Forest Reserve Land. I woud suggest that much more study and documentation and pubic debate on the reationship of this whoe Conservation Zone incuding the Puna Forest Reserve and the Puna Water suppy is demanded for the future heath and indeed Life of the residents of Puna. As a Puna resident who recognizes this I must contest the proposed withdrawa in my name and in the name of Puna residents on Puna County Water to ensure that our rights anq egitimate concerns about our water suppy are brought to the attention of the Dept. of Land and Natura Resources and the Board. Additionay, under HRS 83-3 I beieve the Puna County Water Wes ocated between Pahoa and Keaau fa under the cassification of Watershed Areas and that again much more study and documentation is needed before Pubic Lands, i.e. the Puna Forest Reserve and the Natura Area Reserve,.are paced in private property status. We simpy cannot afford to make a mistake or a hasty decision regarding the suppy of W~ter to Puna residents. Water is critica to the Life of the Puna residents, to the farmers for their crops and indeed to ai ife in Puna. Accordingy the Dept. Of Land and Natura Resources shoud deay and postpone the proposed withdrawa of the Puna Forest Reserve. Finay, this proposed withdrawa of the Puna Forest Reserve is NOT NECESSARY. This Forest Reserve ies totay outside the proposed Geotherma Resource Subzone. It is NOT necessary to the Geotherma Subzone; there is NO ogica or direct connection between the two areas; they are totay seperate and distinct from one another. Therefore there is NO reason for the Board to consider the withdrawa at this time. This withdrawa must be considered on its own merits and not as part of or in connection with any other matter. This withdrawa is a seperate and distinct case and shoud be treated by the Board in that manner. Question #2 A. That the proposed withdrawa of the Puna Forest Reserve ITSELF be withdrawn and canceed. B. That the Puna Forest Reserve be so designated IN PERPETUITY by the State Legisature. C~ If the Dept. of Land and Natura Resources sti deems the proposed withdrawa necessary then the Dept. of Land and Natura Resources shoud be required to foow the procedures set forth in HRS 83-4 (3,Notice, Hearings) as to notification by mai of a. effected andowners PRIOR to a pubic hearing on such a proposed withdrawa of the Puna Forest Reserve. D. Any consideration of a proposed withdrawa and/or exchange of the Puna Forest Reserve shoud be based stricty on its own merits and as seperate and distinct from considerations/hearings on the proposed Geotherma Resource Subzone.