[From the U.S. Government Printing Office, www.gpo.gov]


     *  HAWAII
    COASTAL
      ZONE
MANAGEMENT
   PROGRAM







        ofte ordae 0Goren
     OFFIlCE OF STATE PLANNING








PREFACE



            The Hawaii Coastal Zone Management Program is about managing the State's
       coastal areas and resources. Coastal resources include beaches, fishponds, scenic
       areas, marinas, wetlands, recreational areas, anchialine ponds, fish, open spaces,
       whales, sea turtles, harbors, historic sites, and ecosystems. Because the coastal
       areas and their resources have traditionally been and continue to be an integral part
       of the lifestyle of the people of Hawaii, their management is important. Effective
       management requires Federal, State, and County governments working together in
       a partnership arrangement. This is a key component of the Hawaii Coastal Zone
       Management Program.


            The Hawaii Coastal Zone Management Program is based on the premise that
       coastal resource use and development must be environmentally sound, socially
       acceptable, and economically beneficial to the people of Hawaii. Balance and
       effective management are primary purposes.


            This document provides a description of the Hawaii Coastal Zone
       Management Program It discusses the linkages between the Federal, State, and
       County governments, Hawaii's land use and environmental management system,
       and the special components of the Hawaii Coastal Zone Management Program.







                                                          Harold S. Masumoto
                                                          Director







     HAWAII COASTAL ZONE MANAGEMENT PROGRAM

*                       ~~~~TABLE OF CONTENTS





     I.  SUMMARY1


     II. INTRODUCTION2
         A. National Coastal Zone Management Act
         B. Hawaii's Response


     III. HAWAII'S LAND USE AND
         ENVIRONMENTAL MANAGEMENT SYSTEM                           7


     TV. HAWAII COASTAL ZONE MANAGEMENT PROGRAM                    10
         A. Management Area
         B. Hawaii Coastal Zone Management Network
         C. Citizen Participation


     V.  FEDERAL CONSISTENCY                                      25
         A. Federal Consistency Requirements


     VI. NATIONAL REQUIREMENTS                                    34
         A. Management Authority
         B. Permissible Land & Water Uses
         C. Areas of Particular Concern & Priorifies of Use
         D. Uses of Regional Benefit
         E. Energy Facility Siting, Beach Access & Shoreline Erosion



         Abbre viation's                                     61
         Glossary                                            62
         References                                          65







                    LIST OF APPENDICES




A:   Hawaii Management System
B:   Hawaii Coastal Zone Management Objectives & Policies
C:   Federal Licenses & Permits Subject to Federal Consistency
D:   Federal Assistance Programs Subject to Federal Consistency
E.- Federally-Excluded Lands
F:   Laws & Statutes
G:   Administrative Rules & Regulations





I.  SUMMARY


       This Hawaii Coastal Zone Management (CZM) Program document provides an overview
of the key state and county laws, programs and agencies responsible for managing coastal
development in Hawaii

      The document is organized into three sections. The first section describes how Hawaii's
CZM Program came about and where it fits within the State's overall environmental and resource
use and management system. It includes:

       ï¿½ A brief historical account of the federal Coastal Zone Management Act (CZMA)
          and Hawaii's response to the nationwide concern for coastal resources;

          An overview of the state and county laws and programs used to guide
          appropriate land and water uses and activities in suitable locations;

          A description of Hawaii's CZM Program, the coastal management area and
          organizational structure;

       ï¿½ An explanation of the mechanism used to coordinate the activities of federal
          agencies within Hawaii's CZM area; and

          A description of how Hawaii's CZM Program meets federal requirements.

Section two consists of appendices which describe in more detail some of the laws and programs
introduced in the first section. In addition, they explain how the State's program meets the federal
CZM requirements and addresses national concerns and issues. Section three includes a
compendium of the various federal, state and county legal authorities included in Hawaii's CZ(EL
Program.





II. INTRODUCTION


A.    National Coastal Zone Management Act

       In the late 1960s and early 1970s, Congress enacted several complex pieces of
environmental legislation. The National Environmental Policy Act (1969), the Federal Water
Pollution Control Act (1972), the Marine Mammals Protection Act (1972), the Endangered Species
Act (1973), the Marine Protection, Research and Sanctuaries Act (1972) and the Coastal Zone
Management Act (1972) were part of the national response to a worldwide change in
consciousness about environmental issues. This increasing concern was triggered by
environmental disasters such as the Torrey Canyon oil tanker spill off the coast of England in
1968, the Santa Barbara Channel oil blowout of 1969, and by dire predictions of impending
environmental doom by writers such as Rachel Carson, whose 1962 book Silent Spring focused
attention on the potentially disastrous ecological consequences of using herbicides and pesticides.

       Passage of these environmental laws meant new responsibilities for all levels of
government. In some cases, new legislation was based on an explicit critique of previous
governmental efforts at environmental management. This was particularly true of coastal
management. In 1969 the Commission on Marine Sciences, Engineering and Resources - the
Stratton Commission - issued its report entitled Our Nation and the Sea. The report cited several
key factors thought to be impeding effective coastal management, including the low priority given
to marine matters by local governments, the diffusion of responsibilities among various state
agencies, the inability of states to assess their interests in their coastal zones, and the failure of
states to develop and implement long-range coastal management plans. The Coastal Zone
Management Act (CZMA) was enacted to respond to some of these jurisdictional gaps in the
existing management of coastal areas. However, unlike other federal environmental programs
enacted at this time, participation by states in the national Coastal Zone Management (CZM)
program was voluntary. Congress devised a program of incentives in the form of grants-in-aid to
encourage states to both develop and implement CZM programs for the better management of their
coastal zones. The CZMA provided states with up to four years of matching planning grants to
develop their coastal programs. The federal government reviews the programs developed by the
states for consistency with the general Congressional goals and administrative guidelines. Once
approved, the state programs are then eligible for implementation grants.

       In addition to the financial incentives, the CZMA provides states with limited review
powers over federal activities in and/or affecting each state's coastal zone. Under the federal
consistency provision, the CZMA requires that all federal actions undertaken in or affecting the
state's coastal zone be consistent with the state's approved coastal program. Where national
defense or other over-riding national interests are concerned, they must at least be consistent "to the
maximum extent practicable" [15 CFR 930.32]. In addition, federally-licensed and permitted
activities as well as federally-funded state and local government projects must be consistent with
the state's coastal program if the proposed activity affects the state's coastal zone. Hence, federal
consistency affords states the opportunity to review, influence and modify federal agency decisions
affecting coastal land and water resources. This review process represents an important
modification of traditional federal supremacy since federal agencies can no longer act independently
of or in conflict with state coastal programs.

       The national CZM program is administered by the Office of Ocean and Coastal Resource
Management (OCRM) (previously the Office of Coastal Zone Management), an office within the
National Oceanic and Atmospheric Administration, under the U.S. Deparunent of Commerce.
Thirty-five coastal states, commonwealths and territories surrounding the Great Lakes, Gulf Coast,
West Coast, East Coast and the Pacific qualify for participation in the CZM program.



                                             2






       Prior to qualifying for program implementation grants, a CZM program is developed by the
state to implement the provisions of the CZMA. The program must:

       1. Identify and evaluate those coastal resources recognized in the CZMA that
          require management or protection by the state;

       2. Examine existing policies or develop new policies to manage these resources.
          The policies must be specific, comprehensive and enforceable, and must
          provide an adequate degree of predictability as to how coastal resources will be
          managed;

       3. Determine specific uses and special geographic areas that are to be subject to the
          management program, based on the nature of identified coastal concerns. The
           basis for management uses (or their impacts) and areas should be based on
          resource capability and suitability analyses, socio-economic considerations and
           public preferences;

       4. Identify the inland and seaward boundaries of the coastal zone subject to the
           management program;

       5. Provide for consideration of the national interest in planning for and siting of
           facilities that are necessary to meet requirements which are beyond the local
           interest; and

       6. Include sufficient legal authorities or organizational arrangements to implement
           the program and to insure conformance to it.

       Although the CZMA regulations provide much more specificity to these requirements, they
are still sufficiently vague that substantial federal-state negotiations over whether the state program
meets the criteria are requiredL

       The CZMA also requires local government and citizen participation during the development
of a state program. The extent of citizen participation prescribed by the CZMA goes beyond the
usual requirements provided for by state administrative procedures, requiring active participation
by a range of public groups including business, community, labor and environmental
representatives. Federal agencies are also consulted during the program's development.

       In principle and in design, the national CZMA is a striking example of what has been called
"cooperative federalism." This cooperative federalist approach seemed most appropriate to the
policy problem since coastal states confront widely varying types of coastal resource management
problems and have different historical and political traditions for dealing with those problems.


B.     Hawaii's Response

       The State of Hawaii consists of eight major and 124 minor islands extending over 1,700
miles of the North Pacific Ocean with a total land area of 6,425 square miles and a general coastline
of 750 linear miles (Hawaii Databook, 1988). The eight major islands form a four hundred mile
arc at the southeastern end of the Hawaiian archipelago and comprise more than 99 percent of the
State's land mass. Not all the land area of these eight islands is usable however - 12 percent of
the total is too steep for development or lacks productive capacity and about four-fifths of the
usable area is devoted to extensive and intensive agricultural uses, of which about 75 percent is
forest and grazing land (Atlas of Hawaii, 1983). Ownership of usable land is highly concentrated.
The state, county and federal governments together are the biggest landowners, controlling about


                                               3





38 percent of the total land area, four-fifths of which belong to the State (Hawaii Databook, 1988).
Almost half of the land is within five miles of the shoreline and most urban development is located
in near-shore areas. There is no point in the State that is more than 29 miles from the ocean.

       Due to its physical location, configuration and climate, Hawaii is rich in a number of
valuable coastal ecosystems, such as wetlands and reef flats, embayments and sheltered coves,
sand beaches and coral reefs. They serve important natural functions, providing habitat and
breeding grounds for wildlife and living marine resources, natural buffers to the action of storm
waters and a natural laboratory for scientific and biological research. In addition, they provide the
basis for recreational and commercial fishing businesses.

       These same resources, however, are subject to a number of stresses resulting from
activities occurring within or near the ecosystems. These activities can deplete nearshore fish and
other marine life; destroy coral reefs and fish habitat, wetlands, and nearshore upland ecosystems;
interfere with natural sand movements: reduce groundwater and aquifer recharge areas; and pollute
coastal waters.

       Hawaii's recreational resources, especially its beaches, reefs and surfing sites, are
exceptional in quality and are subject to increasing pressures. Almost half of the peak weekend
recreational activity in the State occurs at offshore and shoreline areas. The demand for coastal
recreational opportunities for beach use and water sports continues to rise as a result of population
growth, increased affluence, greater leisure time and increased tourism.

       Since 1970, tourism has been Hawaii's primary industry. Tourism is highly dependent on
the natural and scenic features of the islands. A number of tourist attractions, such as fishing,
boating, scuba-diving, swimming and surfing, are totally dependent on coastal locations. Others,
such as hotels and restaurants, are greatly enhanced by coastal locations. However, Hawaii's
urban growth patterns reduce public access to the shoreline and damage valuable recreational areas.
These conditions threaten the capacity of the State's coastal resources to provide recreational
opportunities of the quality and abundance expected by Hawaii residents and visitors. Decisions
about the appropriate locations for future development and uses have important implications both
for the current economic health of the State and for the long-term attractiveness of the islands as a
place to live and visit.

       Because of the relevance of coastal zone management in Hawaii, it was one of the first
states to participate in the national program. In 1973, as a response to the establishment of the
U.S. Office of Coastal Zone Management (OCZM) and initiation of rulemaking for the CZM grant
program, the Governor designated the Hawaii Department of Planning and Economic Development
(DPED) to be the "lead agency" responsible for Hawaii's CZM Program and charged it with
developing a grant proposal to OCZM. DPED followed the development of the CZMA closely and
was prepared to assume the responsibilities for program planning as the State's chief planning
agency. In fact, as early as 1970, DPED held statewide planning conferences on the subject of
coastal zone management. During that time the initiative was largely administrative and the Hawaii
Legislature was hardly aware that a "CZM program" existed.

       In 1974, DPED received its first federal planning grant and began its first of four years of
CZM program development. A coastal planning staff and five consultants were assembled to
design the program and funds were provided to the counties to hire staff to work with DPED. In
addition, DPED set up what was perhaps the most significant citizen participation program the
State has ever had.

       To formalize its responsibilities as the State's lead agency for coastal management, a bill
was submitted by the Governor and passed by the Legislature in 1973 which declared DPED as the
lead agency for the Hawaii CZM Program [Act 164, 1973 SLH]. However, as the State
administration began the task of developing a coastal program, a group of citizen activists


                                               4






concerned that developers would rush to develop the shoreline as the State prepared its coastal
programn, lobbied for an interim coastal protection legislation. The proposed legislation, modeled
after California's coastal program, provided for interim controls within an area 1,000 yards
landward of the shoreline to be administered by a "coastal comunission", which would also have a
strong role in the development of the program. Ile proposed legislation was promoted by a group   0
called the Shoreline Protection Alliance (SPA). Ile SPA received strong support from
environmentalists, especially the Council of Presidents - a community organization representing a
large number of leaders from various community and environmental groups.

       During the 1975 legislative session, a bill calling for the creation of a coastal commission
was introduced at the request of the SPA. This bill was the Legislature's first significant exposure
to the CZM program. Fearing loss of control over the development of the program, state
administrators lobbied for continued state authority over the program. They were joined by the
four county planning directors who argued that there were already sufficient controls on coastal
developments, and that if legislation were necessary, they (the counties) should be responsible for
its implementation. Business and labor interests lobbied vigorously for no controls.

       In 1975, a compromise bill known as the Shoreline Protection Act was passed which
continued to designate the DPED as the lead state agency for plan/program formulation, but, in
addition, created a "special management area" (SMA) to be established and managed by the
counties until a statewide CZM program was enacted. The Shoreline Protection Act stipulated that
no development could occur within the SMA unless the appropriate county had first issued a
permit. Statutory policies and guidelines for reviewing SMA development applications were also
established by the Act. In addition, the Act gave any citizen the power to ask for court review of
whether county SMA permift decisions complied with the Actes policies and guidelines (Act 176,
1975 SLH].

       In the meantime, DPED continued to develop proposals to meet the substantive
requirements of the national CZMA, discussing each phase of the program with a Statewide
Citizen's Foram (SCF). Members of the SCF were appointed by the Governor and represented
most of the active environmental, industrial, development and recreation interests. In addition,
citizen committees were established on each island, with members nominated by the county mayors
and appointed by the Governor. For over a year and a half, from 1975 to late 1976, the DPED, its
advisory committees, federal officials and consultants conducted numerous meetings on various
aspects of the Hawaii CZM Program. The groups met as frequently as twice a month to discuss in
great detail the problems and issues of the coastal zone and to formulate coastal management
policies.

       The principal work of the committees was to identify and reach consensus about the
primary coastal problems confronting the State and to review specific policies developed by the
DPED and its consultants to deal with these problems. A CZM policy plan was developed in the
fall of 1976 and, after extensive review and revision, was presented to the Legislature as the work
of the department, the citizen committees and the consultants.

       Legislation based on the plan was reviewed during the 1977 legislative session. After
further compromises and revisions, it was enacted into law (Act 188, 1977 SLH]. The new CZM
Law retained the basic structure and institutional arrangements established by the Shoreline
Protection Act, but made significant additions with newly developed objectives and policies.

       The policies of the Shoreline Protection Act were general regarding what coastal resources
were to be protected and how resource protection was to be balanced against other uses. The CZM
Law is more specific in identifying recreational, historic, scenic and open space, coastal
ecosystems, hazards and econom~ic uses as being the "resources" to be managed. However, the
objectives and policies developed for these seven resource areas continue to provide a very broad

management framework (Refer to Appendix B for the Hawaii CZM Program objecitives and

                                              5





        policies). The generality of these objectives and policies is the result, in part, of the program
        development process. Thiis process relied heavily on committees comprised of a wide variety of
         interest groups to identify coastal problems and policies, to address these problems, and most
. ~~importantly, to reach consensus among the groups. However, consensus could only be acquired'
        at the expense of policy specificity. Indeed, legislative enactment of even these broad policies
        proved to be uncertain until committee members representing all the various interests appeared at
        the legislative committee hearings and lobbied for passage of the policy package.

               Although the counties retained primary authority for management in the SMA, they were
        not given exclusive management responsibility in the coastal zone. Management authority over
        uses and activities outside the SMA and in State coastal waters continues to be distributed among
        various state agencies. Both the counties and these state agencies are a part of Hawaii's CZM
        management framework. Within this framework, DPED was given responsibility for
        administering the program and ensuring that state and county agencies comply with the CZM
        program objectives and policies.

                Hawaii's CZ.M Law remained relatively unchanged until 1986, when the State shoreline
         setback provisions (described in Section IV.A) were added to the CZM Law. Then, in 1987,
        DPED was reorganized into two separate entities: the Office of State Planning (OSP) was created
         and assigned the planning functions previously housed in DPED; while the remainder of the
         programs, remained in the department, under its new title, the Department of Business and
        Economic Development (DBED). Administration of the Hawaii CZM Program remained with
        DBED until 1988 when it was transferred to OSP. Although the responsibilities have remained
         essentially the same, since its transfer the program has begun to move towards a stronger role in
         advocacy, planning, policy development and special projects. In addition, OSP is beginning a
         major assessment of the Hawaii CZM Program to reflect the many changes that have occured in the
         State since the program's formulation in 1975 as well as to respond to emerging coastal issues.
         Extensive participation by government, private and public interest groups is expected and will be
.       ~~required to aid in this ambitious undertaking.





III. HAWAI'S LAND USE & ENVIRONMENTAL MANAGEMENT SYSTEM


       In Hawaii, the CZM Program is one of several state and county laws and programs used to
guide appropriate land and water uses and activities in suitable locations. The Hawaii State Plan
provides the overall policy framework to guide future development in the State [Chapter 226,
HRS]. It is a comprehensive document consisting of three parts - Part I provides the general
theme, goals, objectives and policies for the State; Part II establishes the statewide planning system
and its coordination and implementation; and Part III consists of the priority guidelines of statewide
concern. The Plan coordinates the State's planning process through functional plans, agencies and
departments, boards, commissions, and county general and development plans (see Figure 111.1).



                                    FIGURE Ii.A:

                                    State of Hawaii
                               Management Framework



                                    HAWAII STATE PLAN

                                     Part I - Overall Theme

                           Part 11 - Goals, Objectives & Policies

                                   Part III - Priority Guidelines


  0            I                              ~~~~~~~~~~~~~~~~~~I

            TATE                            STATEi
     FUNCTIONAL PLANS AGENCIES, BOARDS &
                   I  ONAL PLANS  I             BOARDS &             ~COUNTY GENERAL
                                      COMMISSIONSPLN 

                                                                DEVELOPMENT PLANS
                                                I~~~~ i
                                        Coastal Zone
                                      anagement                      Special Management


                                                                    Shoreline Setback




      The State Plan requires the development of State functional plans for specified areas. To
date, there are twelve functional plans for the following areas: (1) agriculture; (2) conservation
lands; (3) education; (4) energy; (5) health; (6) higher education; (7) historic preservation; (8)
housing; (9) recreation; (10) tourism; (11) transportation; and (12) water resources. These
functional plans implement State Plan objectives and provide the "link" between State policy and
the various agency/departmental programs and activities.  The plans identify major statewide


                                            7






priority concerns; define current strategies for each functional area; identify major relationships
among these areas; provide the direction and strategies for agency/departmental policies, programs
and priorities; provide a guide for allocating resources to carry out various State activities; and
assist in coordinating State and county roles and responsibilities in implementing the State Plan.

       Implementation of both the State and functional plans is carried out by a number of
governmental agencies through an elaborate management system. At the apex of this system is the
Hawaii Land Use Law which places all land in the State into one of four districts - urban, rural,
agricultural and conservation - and establishes a Land Use Commission, appointed by the
governor, to review petitions for changes in district boundaries submitted by landowners or public
agencies [Chapter 205, HRS].

       Each of the State land use districts is characterized by different permissible uses. Rural
districts are those areas primarily in small farms mixed with low-density residential lots.
Agricultural districts include lands with a high capacity for intensive cultivation. Minimum lot
sizes and other rules for rural and agricultural districts are established by the Commission and
administered by the counties. Conservation districts include lands in forest and water reserves,
national or state parks, lands with a general slope of 20 percent or more and marine waters and
offshore islands. Land uses within conservation districts are governed by the Department of Land
and Natural Resources1. Urban districts include those lands already in urban use, with a reserve to
accommodate foreseeable growth. Permissible uses in the urban districts are defined primarily by
the counties through their plans and zoning and subdivision ordinances and regulations, but are
subject to constraints and conditions imposed by the Commission at the time the land is classified
as Urban. Permissible uses within each district are summarized in Table 1II. 1. As of 1988, about
four percent of all state land is in the urban district, 48 percent in agriculture, 48 percent in
conservation and less than one percent in rural (Hawaii Databook, 1989).

       The four counties - Kauai, Maui, Hawaii and the City and County of Honolulu -
exercise the full panoply of planning, zoning, subdivision and other controls that are characteristic
of American jurisdictions. Coordination of the State Plan at the county level is through the county
general and development plans. County general plans are authorized by county charters and
provide a framework based on the unique needs of each county. They direct various activities and
specify further the State Plan's objectives and policies. County development plans provide detailed
guidelines to implement the objectives and policies of the general plans and direct development and
population distribution consistent with those general plans. Although land use designations are
also established in county development plans and are more specific than those specified for urban
districts by the Land Use Commission, they are still fairly broad. Specific land use designations
and permissible uses are further defined in county zoning codes through their land use ordinances
and rules. Refer to Appendix A for a summary of the primary state and county departments
included in Hawaii's land use and environmental management system.













lIn some areas, the counties have extended their boundaries of the SMA inland into designated conservation districts, and
thus share authority with the Department of Land and Natural Resources in those areas of overlap.





                                      TABLE III.1:

                              Hawaii State Land Use Law
                                    Permissible Uses



PERMISSIBLE USES                                                                  AUTHORITY
Urban
Any and all uses permitted by county ordinance/regulations, subject to            County
LUC conditions                                                                    Ordinance &
                                                                              Regulations

Agricultural
Utility lines, roadways & small buildings ancillary to agricultural practices     LUC: Admin.
Crop cultivation, livestock, fish and game propagation                            Rules, Title 15,
Farm buildings or activities                                                      Subtitle 3, Ch.
Public institutions necessary for agricultural practices                          15
Sites of historic or scenic interests and "open-area" recreation uses
Roadside stands for sale of agricultural products

Rural
Any and all uses permitted in agricultural districts                              LUC: Admin.
Low density residential uses with a minimum lot size of one-half acre             Rules, Title 15,
                                                                              Subtitle 3, Ch.
                                                                              15

Conservation
PROTECTIVE "P" SUBZONE:                                                           DLNR:
 Establish sanctuaries, refuges, wilderness, scenic areas and historic &         Admin. Rules,
  archaeological sites                                                            Title 13,
 Programs for vegetation, animal and marine population control                   Subtitle 1, Ch.
  Sites of historic or scenic interests and "open-area" recreation uses           2
LIMITED "L" SUBZONE:
 All uses allowed under the "P" subzone
 Forestry, flood, erosion/siltation and emergency communications systems
RESOURCES "R" SUBZONE:
 All uses allowed under the "P" and "L" subzones
 Aquaculture, artificial reefs and commercial fishing operations
GENERAL "G" SUBZONE:
 All uses allowed under the "P", "L" and "R" subzones
  Surface and groundwater facilities









                                              9





IV. HAWAII COASTAL ZONE MANAGEMENT PROGRAM


A.   Management Area

       Hawaii's coastal zone includes the waters from the shoreline' to the seaward limit of the
State's jurisdiction and all lands excluding those lands designated as state forest reserves [Chapter
205A, FIRS]. In addition, on the landward side of the coastal zone two "belts" circling the islands
- the Special Management Area and the Shoreline Setback Area - are also established for more
intensive management by the four counties. Figure IV.1 illustrates the Hawaii CZM area
(including the SMA) as well as the areas excluded from the State's coastal zone. These spatial
limits and management systems are further described below.



     COASTAL ZONE MANAGEMENT AREA: land and sea


              I Federal Land   [                               Forest Reserve


















                                         Figure IV.1


Forest Reserves

        Forest reserves are established by the Governor (Chapter 183, HRSJ and include lands set
aside for watershed protection, forest products, forest recreation, protection of native plants, and
maintenance of fish and wildlife habitat. Hawaii has nearly 2 million acres (3,102 square miles) of
forest land - almost one-half the area of the State (Hawaii Databook, 1988). Of this, about 1.2
million acres are held in forest reserves with most lying on mountain slopes (Hawaii Databook,
 1988). The State has direct control over forest reserve uses and is therefore responsible for
assuring that activities on these lands will have minimal impact on or in coastal lands or waters.

 I'Shoreline" is defined as the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide
 during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge of vegetation
 growth, or the upper limit of debris left by the wash of the waves [ï¿½205A-1].


                                                10






Federal Lands

       The national CZM requires that those lands owned, leased, held in trust, or whose use is
otherwise subject solely to the discretion of the federal government, its officers or agents be
excluded from the coastal zone management area2 [ 15 CFR 923.33(a)]. However, while this area
is administratively excluded from the State's CZM area, federal actions on these lands may be
subject to federal consistency requirements when they generate spillover impacts that significantly
affect the CZM area, uses or resources within the purview of the Hawaii's management program
[15 CFR 923.33(c)]. An inventory of federally-excluded lands in the State is included in
Appendix E and a description of the federal consistency provisions is presented later in Section V.

Special Management Area

       Prior to developing the Hawaii CZM Program, the Shoreline Protection Act designated a-
"special management area" (SMA) and gave the counties authority to issue permits for development
activities in the SMA. The 1975 Act states that it shall be the policy of the authority through its
programs and activities and resources to:

       1 .    Maintain the undeveloped portion of the special management area of the
              State where neededfor recreation, scenic, educational and scientific uses in
              a manner that protects resources and is of maximum benefit to the general
              public;

       2.     Encourage public and private agencies to manage the natural resources
              within the State in a manner that avoids or minimizes adverse effects on the
              environment and depletion of energy and natural resources to the fullest
              extent;

       3.     Protect the shorelines of the State where neededfrom encroachment of man-
              made improvements and structures;

       4.     Encourage the definition and development of operational criteria and
              standards for the special management area which lead to progressive
              enhancement of the relationship between mankind and the natural
              environment;

       5.     Carry out a program of intergovernmental and private-public interaction and
              coordination on the special management area planning and management; and

       6.     Encourage citizen participation in the planning process for the special
              management area so that it continually embraces more citizens and more
              issues [Act 176, 1975 SLH].


       Designation of the SMAs is left to the discretion of each county, provided that the SMAs
include lands extending "not less than 100 yards3 inland from the 'shoreline' including
undeveloped lands surrounding bodies of surface water subject to salinity intrusion or tidal
influences and the waters themselves" [Act 176, 1975 SLH]. The counties wvere directed to adopt
SMA boundaries by December 1, 1975. In some areas the SMAs extend several miles inland to

21n excluding federal lands from Hawaii's coastal zone, the State does not impair any rights or authorities that it may have
over federal lands that exist separate from this program [15 CFR 92333(c)(2)].
3SMA designations were amended in 1979 to include "the land extending inland from the shoreline as delineated on the
maps filed with the authority as of June 8, 1977" [Act 200, 1979 SLH].






cover areas in which coastal resources are likely to be directly affected by development activities
(detailed maps of the SMAs are available at the Planning Departments of Kauai, Maui, and Hawaii
counties, and at the Department of Land Utilization of the City and County of Honolulu). The
counties may amend their boundaries at any point in time; amendments removing areas from an
SMA are subject to State review for compliance with the coastal law. Since the initial boundary
designations in 1975, routine amendments are made by each of the four county authorities, as
necessary.

       The Shoreline Protection Act also stipulated that no development could occur in the SMA
unless the appropriate county first issued a permit. "Development" was defined to include all land
uses which had a market value exceeding $25,0004 or "significantly" affected the coastal zone,
other than construction of an isolated single family residence. However, developments that
received county subdivision or planned development permits prior to December 1, 1975, were
exempt from the requirements of the Shoreline Protection Act.

       The Act established statutory policies and guidelines to be followed by the counties when
issuing SMA permits. In addition, it gave any citizen the power to ask for court review of whether
county SMA permit decisions complied with the Act's policies and guidelines. The guidelines
included the following:

       1.     All development in the special management area shall be subject to
              reasonable terms and conditions set by the authority in order to ensure:

              A .    Adequate access, by dedication or other means to publicly owned or
                      used beaches, recreation areas, and natural reserves is provided to
                      the extent consistent with sound conservation principles;

              B .    Adequate and properly located public recreation areas and wildlife
                      preserves are reserved;

               C.    Provisions are made for solid and liquid waste treatment,
                      disposition, and management which will minimize adverse effects
                      upon special management area resources; and

               D.    Alterations to existing land forms and vegetation except crops, and
                      construction of structures shall cause minimum adverse effect to
                      water resource and scenic and recreational amenities and minimum
                      danger of floods, landslides, erosion, siltation, or failure in the
                      event of earthquake.

       2.     No development shall be approved unless the authority hasfirst found.

               A.    That the development will not have any substantial adverse
                      environmental or ecological effect except as such adverse effect is
                      clearly outweighed by public health and safety. Such adverse
                      effects shall include, but not be limited to, the potential cumulative
                      impact of individual developments, each one of which taken in itself
                      might not have a substantial adverse affect and the elimination of
                      planning options; and

               B .    That the development is consistent with the findings and policies set
                      forth in this part.


4This value was amended by the 1982 Legislature to S65.000 [Act 126. SLH 1982].

                                               12






       3.     The authority shall seek to minimize, where reasonable:

              A .    Dredging,filling or otherwise altering any bay, estuary, salt marsh,
                     river mouth, slough, or lagoon;

              B.    Any development which would reduce the size of any beach or other
                     area usablefor public recreation;

              C.     Any development which would reduce or impose restrictions upon
                     public access to tidal and submerged lands, beaches, portions of
                     rivers and streams within the special management area and to the
                     mean high tide line where there is no beach;

              D.     Any development which would substantially interfere with or detract
                     from the line of sight toward the sea from the state highway nearest
                     the coast; and

              E.     Any development which would adversely affect water quality,
                     existing areas of open water from visible structures, existing and
                     potentialfisheries andfishing grounds, wildlife habitats, or potential
                     or existing agricultural uses of land [Act 176, 1975 SLH].


       In 1977, the Hawaii Coastal Zone Management Law, Chapter 205A, HRS, was passed,
retaining the basic structure and institutional arrangements established by the Shoreline Protection
ActL

       Although each county has its own procedures for administering SMA permits, the
requirements and review processes for SMA applications are similar for all four counties. Each
county requires a permit applicant to describe the proposed development in terms of the State CZM
objectives and policies and SMA guidelines. In addition, all counties have established specific
legal authority to require special studies as necessary, including archaeological/historic
reconnaissance, coastal hazards, viewplanes, traffic, biological and/or water quality analysis.
Figure IV.2 illustrates generally the review process for SMA permit applications.






















                                              13




                                              FIGURE: IV.2
                                      Special Management Area
                                              Permit Process


         JP. Ji  applicant files assessment form
                             with county departmunent (a)

                                        I
                           action by county department




              |proposal            SMApermit&                       SMApenit                   minorpermit
               exempt            |EIS required                  requied & negative                   ed
                  oE~~~~~~~~~ ~~~~declaration issued


              proposal          EIS filed by applicant              applicant files                   per  t
              proceeds              & accepted by                 permit application               issued
                               county department                   &  filing fee


                    -~~~~~~~~~~~
                                                               public hearing



                                                                      4
                                                             county authority (b)
                                                                   action




                                             permit denied      |              |    permit approved

                                                            J                          ~~~~~J
                                             proposal ends                     j    proposal proceeds

(a)  Plannming Departments for the counties of Maui. Kauai and Hawaii; Department of Land Utilization for the City &
    Countv of Honolulu.
(b) Planning Commissions for the counties of Mlaui, Kauai and Hawaii; City Council for the City & County of Honolulu.


                                                      14






       The number of major and minor permits processed by the four counties since 1976 is
shown in Table IV. 1.


                                       TABLE: IV.1

                                Special Management Area
                                  Major & Minor Permits
                                        1976 - 1988
                                         (by county)


              HONOLULU           MAUI             HAWAII           KAUAI        STATEWIDE
   YEAR    Major  Minor    Major  Minor    Major  Minor    Major  Minor   Major  Minor

     1976      81      94       21      112      26      116      11       9       139    331
     1977      58      94       28      160      29      130       7      20       122    404
     1978      49      86       26      117      44      109      24      14       143    326
     1979      25      74       54      117      14       77      20      10       113    278
     1980      35      50       42      120      25       37      12      20       114    227
     1981      31      67       38      132      22       33      10      24      101    256
     1982      34      50       30      236      12       28       4       9       80    323
     1983      13      36       13      188      10       48       9      59       45     331
     1984      20      53       29      311      13       69       4      19       66    452
     1985      26      55       37      328       9       23       5      11       77     417
     1986      27      86       34      361      27       51      17      32       105    530
     1987      26      76       48      309      25       53       13     31       112    469
     1988      36      81       41      227      13       33       17     11       107    352

  TOTAL       461    902       441   2,718   269         807      153    269    1,324   4,696


       The counties have approved about 98 percent of their SMA permit applications. However,
this high rate of approval masks the degree to which informal negotiation and consultation between
county officials and applicants precede the granting of SMA permits. In addition, the data do not
represent the number applications for projects that are withdrawn following consultation with
county officials nor does it reflect "conditional approvals" which require applicants to modify their
proposals and/or undertake specific actions to make the proposed use or action consistent with the
CZM objectives and policies. Such conditions have included dedicating beach access, site design
modifications to minimize visual impacts, archaeological salvage operations and flood hazard
mitigation.







                                              15






Shoreline Setback

       Near-shore areas are the most dynamic region of the coastal zone. Poorly-sited or
improperly constructed seawalls, docks or other structures can interfere with natural sand transport
systems thus increasing coastal erosion in some areas and/or accretion in others. To protect these
near-shore areas, the Hawaii Land Use Law was amended in 1970, establishing shoreline setbacks
of not less than 20 feet and not more than forty feet inland from the shoreline. With some minor
exceptions, the Act prohibited the mining or taking of sand, dead coral or corral rubble, rocks,
soil, or other beach or marine deposits from the shoreline area, or within 1,000 feet seaward from
the shoreline, or in water of 30 feet or less in depth in the territorial sea [ï¿½205-33, HRS]. In
addition, structures (or portions of a structure), including but not limited to seawalls, groins and
revetments, were not permitted within the shoreline area without a variance by the particular county
authority. Approval of a variance application by the county planning commissions (City Council
for Honolulu) is based on the following conditions: (1) that the structure, activity or facility was in
the public interest; or (2) that hardship would result to the applicant if the proposed structure,
activity or facility was not allowed within the shoreline area.

       In 1986, the shoreline setback provisions were transferred from the Hawaii Land Use Law
[Chapter 205, HRS] to the Hawaii CZM Law [Chapter 205A - Part HI, HRS], however, no
significant alterations were made to the substance of the law. In 1989, major additions were made
to the setback provisions with two new sections [Act 356, 1.989 SLH]. First, the county
authorities are required to hold a public hearing prior to any action on a variance application unless
it involves:

       I.     Stabilization of shoreline erosion by the moving of sand entirely on public
               lands;

       2.     Protection of a legal structure costing more than .$20,000; provided the
               structure is at risk of immediate damage from shoreline erosion;

       3.     Other structures or activities; provided that no person or agency has
               requested a public hearing within 25 calendar days after public notice of the
               application; or

       4.     Maintenance, repair, reconstruction and minor additions or alterations of
               legal boating, maritime, or watersports recreational facilities, which result in
               little or no interference with natural shoreline processes [ï¿½205A-43.5].

Second, enforcement guidelines were created to remove or'correct any structure or activity
prohibited in the setback area without a variance approval from the appropriate county authority.
The revised law also establishes additional conditions for setback variance approval, requiring that

       (a)    A variance may be granted for a structure or activity otherwise prohibited by
               this part if the authority finds in writing, based on the record presented, that
               the proposed structure or activity is necessary for or ancillary to:

               (1)  Cultivation of crops;

              (2)  Aquaculture;

              (3)  Landscaping; provided that the authority finds that the
                    proposed structure or activity will not adversely affect beach
                    processes and will not artificially fir the shoreline;

               (4)  Drainage;


                                               16







              (5)  Boating, maritime, or water sports recreationalfacilities;

              (6)  Facilities or improvements by public agencies or public utilities
                    regulated under ï¿½269;

              (7)  Privatefacilities or improvements that are clearly in the public
                    interest;

              (8)  Private facilities or improvements which will neither adversely
                    affect beach processes nor artificially fix the shoreline;
                    provided that the authority alsofinds that hardship [see part (b)
                    below for definition of 'hardship'] will result to the applicant if
                    the facilities or improvements are not allowed within the
                    shoreline area;

              (9)  Private facilities or improvements that may artificially fix the
                    shoreline; provided that the authority also finds that shoreline
                    erosion is likely to cause hardship to the applicant if the
                    facilities or improvements are not allowed within the shoreline
                    area; provided further that the authority imposes conditions to
                    prohibit any structure seaward of the existing shoreline unless
                    it is clearly in the public interest; or

             (10) Moving of sand from one location seaward of the shoreline to
                    another location seaward of the shoreline; provided that the
                    authority also finds that moving of sand will not adversely
                    affect beach processes, will not diminish the size of a public
                    beach, and will be necessary to stabilize an eroding shoreline.

       (b)    Hardship shall be defined in rules adopted by the authority under Chapter
               91. Hardship shall not be determined as a result of county zoning changes,
              planned development permits, cluster permits, or subdivision approvals
              after the effective date of this Act, or as a result of any other permit or
              approval listed in rules adopted by the authority.

       (c)    No variance shall be granted unless appropriate conditions are imposed:

              (1)  To maintain safe lateral access to and along the shoreline or
                    adequately compensate for its loss;

              (2)  To minimize risk of adverse impacts on beach processes;

              (3)  To minimize risk of structures failing and becoming loose
                    rocks or rubble on public property; and

              (4)  To minimize adverse impacts on public views to, from, and
                    along the shoreline [ï¿½205A46].

       In addition, the 1989 Legislature authorized the counties through rules adopted pursuant to
Chapter 91, HRS or ordinance to expand the shoreline setback area to include the area between
mean sea level and the shoreline. The shoreline setback variance process is shown below in Figure
IV.3 and the number of shoreline variances reviewed by the counties since 1986 is shown in Table
IV.2.



                                               17






                                            FIGURE: IV.3

                                          Shoreline Setback
                                          Variance Process


                                 applicant files variance
                               application & filing fee with
                                  county department (a)



                              action by county department






         propos                        EIS requireda                negative declaration
         exempt                                                            issued



                                      EIS filed by
     proposal                           ES filed by                    public hearing
            proosa pn~ceeapplicant & accepted A                        public hearing
                                           by
                                   county department

                                                                 county authority (b)
                                                                        action



                                                     J                                          1
                                               variance denied                      j   variance approved


                                                     4                                          1
                                                proposal ends        |Posal proceeds



(a)  Planning Departments for the counties of Maui. Kauai and Hawaii; Department of Land Utilization for the City &
    County of Honblulu.
(b) Planning Commissions for the counties of Maui. Kauai and Hawaii; City Council for the City & County of Honolulu.







                                      TABLE: IV.2

                             Shoreline Setback Variances
                                       1986 - 1988
                                       (by county)


                                                   VARIANCES
                                                   PROCESSED
                             COUNTY                 1986- 1988

                              Honolulu                  62
                             Maui                      19*
                             Hawaii                    10
                              Kauai                     15

                              STATEWIDE                 93
                          *Of the 19 variances. 13 were processed #admini-
                           stratively.' 6 through the planning commission.


B.    Hawaii Coastal Zone Management Network

       In designing a management system for Hawaii's CZM area, a major consideration was
whether new permits or other regulatory mechanisms would be required. Because of the State's
extensive system of land use and environmental controls, the Legislature, in enacting the CZM
Law in 1977, noted that "... . Hawaii's environment is both under-managed and over-regulated;
that new regulatory mechanisms must not be added onto, but rather combined with the existing
system..." As a result, an alternative approach was proposed which involved incorporating
existing state and county land and water use controls and environmental and resource protection
laws into a "network" to implement the program. This approach allowed the State, which already
had substantial control over coastal activities and areas, to bind its existing array or "network" of
management controls to achieve coastal management objectives.

       The network is a coordinative device intended to insure that state and county agencies
address coastal management objectives and policies. To implement the network, the Hawaii CZM
Law requires that the objectives and policies of the Hawaii CZM Program be binding on all
agencies (to include any agency, board, commission, department or officer of a county or state
government), and all are required to ensure that their rules comply with the law (ï¿½205A-4, 5,
HRS]. As a result, at least 58 state laws and county ordinances and rules are incorporated into the
Hawaii CZM Program. State agencies included in Hawaii's CZM management network are the
Office of State Planning, the Land Use Commission, the Department of Land and Natural
Resources, the Department of Health, the Office of Environmental Quality Control, the Department
of Transportation, the Department of Business and Economic Development, and the Department of
Agriculture. Some of the primary laws and programs in the network are illustrated in Figure IV.4.

       In addition to the various state agencies, a series of state-mandated county regulatory
programs are incorporated into Hawaii's CZM Program and include erosion control programs
subject to review and approval by the State Department of Health [Ch. 180C, HRS] and programs



                                             19





to ensure beach access and park dedication [CH. 46-6, HRS]. Most importantly, the county
planning departments play a major role in implementing the CZM program through the SMA and
shoreline setback provisions, discussed earlier (Refer to Appendix A for a more detailed
description of state and county agency responsibilities).

Hawaii CZM Program Lead Agency

       Within this management framework, the Office of State Planning is the "lead agency" and
is responsible for a number of on-going activities. Some of the functions include:

       * Receiving, disbursing, using, expending, and accounting for all funds that are
        made available by the US. and the State for the Hawaii CZM Program;

       * Providing support and assistance in the admninistration of the Hawaii CZM
        Program;

       * Reviewing federal programs, permits, licenses, and development proposals for
        consistency with the Hawaii CZM Program;

       * Preparing guidelines as necessary to further specify and clarify the objectives and
        policies of Chapter 205A, HRS, in consultation with the counties and the general
        public;

       * Facilitating public participation in the Hawaii CZM Program; and

       * Preparing an annual report to the governor and the legislature which includes
        recommendations for enactment of any legislation necessary to require any agency
         to comply with the objectives and policies of Chapter 205A, HRS and any
        guidelines enacted by the legislature fAct 356, 1989 SLH].

       OSP is also responsible for ensuring compliance with Hawaii's CZM Program by all state
and county agencies. As a result, OSP monitors CZM-related activities and permit approvals of the
various network agencies including: Land Use Commission's land use district boundary
amendments (LUDBA); Department of Land and Natural Resources' conservation district use
applications (CDUA); and environmental impact assessments (EIA) and statements (EIS). Table
IV.3 summarizes the reviews that were conducted by the lead agency for consistency with the
CZM Program objectives and policies.



















                                             20







MAJOR LAND & ENVIRONMENTAL AUTHORITIES - a spatial perspective



 COASTAL ZONE MANAGEMENT AREA - HAWAH CZM LAW.- CHAPTER 205A, HRS


 HAWAII LAND USE DISMTRrS - LAND USE LAW - CHAPTER 205, HRS

                                      ~~Qfl~~~rxfltgfl ~~~~~Urban. Rural. Apricultural                                C     o      nservation

                  DBE1D: Ocean Resources Branch                DOT. Harbors                                                   DLNR: Soil and Water
                       (CH. 201. HRS)                               I(CHI. 266. HRS)                                               Conservation Districts
                  DOT: Boating Law                                            HCDA- Kakeako Development Distrct                     (Cl-. 180. HRS)
                                    (CH. 267, HRS)                               ~~~~~~~~~(CH. 206E. MRS)                         Forest Reservations,
                  DOMl: Water Quality                                I        COUINTIES: Planningfaoning/Urban Design               Water Development
                      (CH. 342,.HRS) 
                             DLNR:   Aqu atic    Resources~                            (CHi. 46. 57. 180C. HRS)                   (Cl-. 183, HRS)
                       (CH-. 187A, HRS)
                       Fishing Rights/Regulations                   ISPECIAL MANAGEMENT AREA
                       (CHi. 188, 189. HRS)                                   HAWAII CZM LAW
                       Marine Life Conservation                               CHI. 20SA.- PT. II, HRS
                       Program                                      I(300+ feet)
                       (CH. 190, HRS)













                                                              Figure [V.4







                                     TABLE: IV.3

                                  Hawaii CZM  Office
                               Administrative Reviews
                                      1980 - 1988

                                               Negative       EIS        Draft     Final
 YEAR      CDUA         LUDBA         EIA      Declaration   Prep Notice  ElS        EIS


  1980         0           4            1          0             1          11         6
  1981         3           15           3          0            16          13         6
  1982        11          19            3          0            11          13         2
  1983        44$         16            1          0            13          24         4
  1984        48          27            9           1           8            7         7
  1985        73          11            9          0            12          17         6
  1986        76           9           19          0           23           30         5
  1987        85           9           23           1          25           23        12
  1988        70           17          15          4            16          25         3

TOTAL        410         127          83           6          125          163        5 1


       As lead agency, OSP also undertakes a number of diverse projects to carry out CZM
objectives and policies. Projects conducted by OSP since 1985 include:

        * Hawaii Ocean ManagementPlan
        *  Kawainui Marsh Resource Management Plan
        * An Applicant Guide to State Permits & Approvals for Land & Water Use
               & Development
        * A Consolidated Application Process for Land & Water Use Permits
               (brochure)
        *  Effects on Hawaii of a Worldwide Rise in Sea Level Induced by the
               "Greenhouse Effect"
        *  Beach Erosion Conference
        *  Public Awareness Video Spots
        *  Aerial Photographsfor Beach Erosion Analysis
        *  Beach Erosion Management Study









                                            22






       In addition, OSP supports other state and county agencies by aiding in the design of and
providing additional funding for special projects and studies. Some recent projects conducted by
the various agencies and funded by the Hawaii CZM lead agency include:

         * Department of Land & Natural Resources Hawaiian Fishpond Study
         * Department of Land and Natural Resources Biological Database for
                Rare Plant & Animal Species

         * City & County of Honolulu Inventory of Oahu Shoreline Structures
         * City & County of Honolulu Guide to Oahu's Beaches & Ocean
                Recreational Resources
         * City & County of Honolulu Shoreline Setback Study
         *  City & County of Honolulu Coastal View Study

         * County of Kauai Coastal Activities Resource Management Plan
         *  County of Kauai Beach Warning Sign Program
         *  County of Kauai Historical Resources Management Plan
         *  County of Kauai Inventory of Shoreline Properties & Structures

         *  County of Maui Public Access Project
          * County of Maui Adopt-an-Access Program
          *  County of Maui Shoreline Access Signage Program
          * County of Maui Shoreline Structure Inventory

          * County of Hawaii Anchialine Pond Study


C.    Citizen Participation

       In formulating the Hawaii CZM Program, the State developed one of the most significant
citizen participation programs in the history of state planning. A Statewide Citizens Forum (SCF)
was appointed by the Governor, composed of representatives of environmental, industrial and
recreation interests. In addition, citizen committees were also created, made up of individuals from
each island, nominated by the county mayors and appointed by the Governor. Together, with
representatives from federal, state and county agencies, these groups identified coastal resource
problems and issues and worked with DPED officials to develop policies to deal with these
problems. Once the program was developed, their participation continued into the legislative
session, where they lobbied for the policy plan and eventual passage of Hawaii's CZM Law.










                                             23






                   Following program approval by the federal government and the State Legislature, the
           Hawaii CZM Program Statewide Advisory Committee (SAC) was established. As the successor
           of the SCF, the SAC includes representatives from various special interest groups and state and
  .       ~county government agencies5. SAC was established to give the public an opportunity to participate
  w      ~in activities and decisions affecting the coastal zone and in cooperation with the CZM Program, to
           increase public awareness of coastal issues and the activities and accomplishments of Hawaii's
           CZM Program Members of SAC have assisted the Hawaii CZM Program by:

                   * Bringing specific coastal issues to the attention of the OSP;

                   *   Assisting the OSP in formulating program goals andobjectives;

                   * Participating in and reviewing special projects and studies (e.g., Kawainui
                           Marsh Resource Management Plan, Hawaii Ocean Management Plan, beach
                           erosion studies, etc.);

                   * Reviewing proposed State and federal coastal legislation and offering testimony
                           on these proposals;

                   * Informal monitoring of the coastal management activities of state and county
                           agencies; and

                   *   Evaluating program activities.






I



















            5Currently. there are 18 SAC members representing the following agencies, organizations or interests: (1) Environmental;
            (2) Landowners; (3) Development/Economic; (4) Public; (5) City & County of Honolulu Citizen Member, (6) County of
            Kauai Citizen Member;, (7) County of Maui Citizen Member; (8) County of Hawaii Citizen Member; (9) Director. Hawaii
            Department of Transportation; (10) Director, Hawaii Department of Health; (11) Director, Hawaii Department of Land and
            Natural Resources; (12) Director, Hawaii Office of Environmental Quality Control; (13) Land Use Commission; (14)
            Director, City & County of Honolulu, Department of Land Utilization; (15) Director, City & County of Honolulu.
             Department of General Planning; (16) Director. County of Kauai. Planning Department; (17) Director. County of Maui,
   Is_     ~Planning Department; and (18) Director. County of Hawaii, Planning Department.


                                                             24






V.  FEDERAL CONSISTENCY


       Land and water uses in coastal areas throughout the nation are greatly influenced by the
planning, regulatory and construction activities of federal agencies. Federal harbor projects,
military facilities, offshore oil, gas and mineral development, ocean waste disposal, and dredge
and fill operations, affect coastal resources. In addition, federal agencies issue permits and
licenses for a number of coastal activities and developments and own vast tracts of land.

       In Hawaii, the federal government (both civilian and military) is one of the largest
landowners and land users, accounting for almost 100,000 acres (24 percent) of Oahu, a similar
area on Hawaii (four percent) and all of Kahoolawe and Kure Atoll (less that one percent of all
other islands, however, is owned by or under the control of the military services). An inventory of
federally-held lands is summarized in Appendix E.

       For coastal states such as Hawaii, a sizable federal presence poses a dilemma: How can
states manage coastal land and water resources without an effective role in federal development,
planning and regulatory activities? The national CZMA provides a mechanism to coordinate federal
and state objectives and activities in the coastal zone and outer continental shelf (OCS). It is based
on the premise that the management of the nation's coastal resources should be achieved through a
federal-state partnership, with the states as the focus for responsibility and the central link joining
the many participants to manage coastal areas effectively and to resolve problems of competing
uses (U.S. House, 1969).

       The CZMA requires direct federal activities and development projects to be consistent with
approved state coastal programs "to the maximum extent practicable" [15 CFR 930.32]. In
contrast, federally-permitted, licensed or assisted activities undertaken in or affecting the State's
coastal zone must be "consistent" with Hawaii's CZM Program objectives and policies. Where
such development and licensing activities are inconsistent with state management program
objectives and policies, states can issue objections. With this modification of the supremacy
clause, federal agencies can no longer act without regard for, or in conflict with state policies and
related resource management programs that have been officially incorporated into state CZM
programs.

       The CZMA stipulates that those lands owned, leased, held in trust, or whose use is
otherwise subject solely to the discretion of the federal government, its officers or agents, are
excluded from state coastal zones. This exclusion, however, does not remove federal agencies
from the obligation of complying with the consistency provisions when federal actions have
spillover impacts that significantly affect coastal zone areas, uses or resources within the authority
of a state's management program [15 CFR 923.33].


A.    Federal Consistency Requirements

       Under the CZMA, states are empowered to review four general federal program categories
for consistency with their coastal management program:

       1) Federal activities directly affecting the coastal zone involving any functions
           performed by or on behalf of a federal agency and development projects in the
           coastal zone involving the planning, construction, modification or removal of
           public works, facilities, or other structures, and the acquisition, utilization, or
           disposal of land or water resources [ï¿½307(c)(I); (c)(2)];




                                              25






       2) Federal licenses and permits, including any authorization, certification, approval
           or other form of permission which any federal agency is empowered to issue to
          an applicant [ï¿½307(c)(3)(A)I;

       3) Outer Continental Shelf (OCS) exploration, development and production
          activities requiring afederal license or permit which the Secretary of the Interior
          determines must be described in detail within an OCS plan [ï¿½307(c)(3)(B)]; and

       4) Federal assistance through grant or contractual arrangements, loans, subsidies,
           guarantees, insurance, or other form offinancial aid [ï¿½307(d)].

The process and criteria for determining whether an activity is consistent with a state coastal
program vary with each type of federal action. The procedures for each category are summarized
below.

Direct Federal Activities

       Any federal development project in the coastal zone or any federal activity conducted or
supported by a federal agency and directly affecting the coastal zone must "be conducted in a
manner which is, to the maximum extent practicable, consistent with approved state management
programs" (15 CFR 930.32]. Federal activities on lands which have been excluded from the
coastal zone solely by reason of federal ownership, but which directly affect private and public
lands and water resources within the coastal zone are subject to this provision, as are federal
activities beyond the landward and seaward boundaries of the coastal zone which directly affect
these resources [15 CFR 930.35].

       Once satisfied that a proposed activity meets the consistency requirements (i.e., it directly
affects the coastal zone) and unless both the federal and state agency agree to an alternative
notification schedule, the federal agency submits its consistency determination at least 90 days
prior to final federal agency approval of the activity (15 CFR 930.34]. The state has 45 days from
receipt of the consistency determination from the federal agency to agree or disagree with the
federal agency's consistency determination, although one request for a time extension not to exceed
15 additional days will be granted by the federal agency if requested [15 CER 930.41]. If the State
concludes that a proposed activity or development project is not consistent with the coastal
program, either party may request Secretarial Mediation (15 CFR 930.43]. A description of the
mediation process is outlined on page 32. Hawaii's experience with consistency submissions for
direct federal activities are summarized in Table V. 1.



















                                              26





                                                    TABLE: V.1

                                       Hawaii CZM Program: 1978- 1988
                                              Direct Federal Activities

*
                                       TOTAL       CONCUR         tCONCUR(2)         OBJECT
                                      NUMBER
                         YEAR        REVIEWED    No.    %           No.      %       No.    %

                          1978           1           1   100%        0     0%         0    0%0
                          1979           7          6    86%         1    14%         0    0%
                          1980          29         24    83%         5    17%         0    0%
                          1981          16          9    56%         5    31%         2    13%
                          1982          14         12    86%         2    14%         0    0%
                          1983          13          7    54%         5    36%         1    7%
                          1984          21         15    71%         5    24%         0    0%
                          1985          28         23    82%         2      7%        0    0%
                          1986          26         26    96%         0     0%         0    0%
                          1987          18         15    83%         0     0%         2    6%
                          1988           9          5    56%         3    33%         0    0%

                        TOTAL           182        143   79%        28   15%         5    3%
     i^~~~ ~          Note: *Total Number Reviewed: includes incomplete, withdrawn and/or pending submissions.
                             however, these reviews are not represented in the data on federal consistency in
                             Hawaii.
                            tConcur(2) = concurrence given after consultation with the applicant and subsequent
                             modification of the project as agreed to by both the state and federal agencies.


                   In Hawaii, the consistency provisions have been useful and effective for reviewing federal
           agency actions which would otherwise not be subject to state requirements. The following case
           illustrates the coordination and cooperation which have resulted.


           Kahawainui Stream Flood Control Proiect

                   In April, 1984 the U.S. Army Corps of Engineers proposed construction of two earthen
           berms along the Kahawainui Stream on Oahu to protect the town of Laie from 50-year riverine
           flooding.  Following review of the Corps' federal consistency determination, CZM officials
           concluded that the activity was not fully consistent with the program's objectives and policies,
           particularly those relating to the protection of life and property from coastal hazards.

                   The proposed project was designed to contain riverine floods equal to or smaller than the
           50-year event. Without the persistent threat of flood damage and the cost of conforming with the
           Federal Flood Insurance Program, the CZM Office believed that the Laie community could expect a
           period of rapid development. However, as designed, there was a 64 percent chance that flooding
           could exceed thie project structure, resulting in minor but chronic surface ponding, punctuated by
.          rare but major inundation. In a more highly developed Laie, greater numbers of structures would


                                                           27






be vulnerable to this flooding and fewer would be built flood resistant. The Office, therefore,
determined that the proposed project would provide an unacceptably low level of flood protection
to Laie town residents and would not ensure a reduction of damages from flooding.
       In addition, the proposed activity required filling in portions of a wetland known to support
endangered species and the relocation of several Hawaiian burial sites. These actions were
inconsistent with the CZM objectives and policies requiring protection of coastal ecosystems and
historic resources. The CZM Office objected to the Corps' consistency determination.

       In July, 1985 the Corps proposed a modified version of the original Kahawainui Stream
project consisting of containment levees. The redesigned project conformed with the earlier
recommendation for a larger flood control project developed to the standard 285-year flood event.
Revisions to minimize impacts to the nearby wetland and burial sites were also included.
Considering the project's revised scale and configuration, the CZM Office concurred that the
proposed project was consistent with Hawaii's CZM Program.


Federal Permits and Licenses

       The CZMA requires that any applicant for a federal license or permit to conduct an activity
affecting land or water uses in the coastal zone must certify that the proposed activity will comply
with and be conducted in a manner consistent with Hawaii's CZM Program [15 CFR 930.58].
The federal permits and licenses likely to affect Hawaii's coastal resources and subject to federal
consistency review are listed in Appendix C. However, if in the future, the State determines that
the issuance of other federal permits and licenses could affect its coastal resources, the Hawaii
CZM Program will expand its list to include those additions, subject to OCRM approval.

       Federal regulations also allows the Hawaii CZM Program to monitor unlisted federal
license and permit activities that affect the State's coastal zone [15 CFR 930.54]. The State agency
must inform the federal agency and applicant within 30 days from notice of the license or permit
application, otherwise waive its right to review the unlisted activity (ibid). Notification must also
be provided by the State agency to the Assistant Administrator. The federal agency and the
applicant have 15 days from receipt of the State agency notice to provide comments to the Assistant
Administrator. The Assistant Administrator's approval or disapproval is based solely on whether
the proposed activity can be reasonably expected to affect the State's coastal zone. A decision by
the Assistant Administrator will. be provided within 30 days from receipt of the State's notification,
during which time the federal agency may not issue the license or permit (ibid). In the event of a
disapproval, the applicant need not comply with the consistency requirement. However, if
approved by the Assistant Administrator, the applicant must amend its federal application and
include a consistency certification following the procedures outlined below.

       Upon application for a federal license or permit, an applicant must supply a copy of its
consistency certification to the state along with all necessary information [15 CFR 930.58].. The
state then reviews the application and at the earliest possible time, but within six months of receipt
of a complete consistency submission, notifies the federal agency and the applicant of its
concurrence or objection to a consistency certification [15 CFR 930.63]. Concurrence is
conclusively presumed if the State fails to respond within six months following commencement of
the State's review (ibid). If a decision is not issued within three months after its receipt, the State
must notify the applicant and the federal agency of its status and the basis for further delay. "No
license or permit shall be granted by the federal agency until the state or its designated agency has
concurred with the applicant's certification or until, by the state's failure to act (within six months),
the concurrence is conclusively presumed" [15 CFR 930.65]. If the State concludes that the
activity requiring a federal permit or license is not consistent with the Hawaii CZM Program, the
State will attempt to consult informally with the applicant and the federal agency to resolve any
consistency concerns. If the parties involved are unable to come to an agreement as to how


                                              28





consistency may be attained, the Hawaii CZM Program will issue a formal objection to the
consistency certification. The consistency objection will describe how the proposed project is
inconsistent with specific elements of the Hawaii CZM Program and specify alternative measures,
if they exist, which would make the proposed activity consistent. The applicant, federal agency
and the Director of OCRM will be notified by the Hawaii CZM Program of its objection. In
addition, the applicant will be informed of its right to appeal to the Secretary of Commerce. Refer
to page 32 for a description of the Secretarial Mediation process.

       The following table summarizes Hawaii's experience with consistency submissions for
federally-permitted and licensed activities.


                                          TABLE: V.2

                           Hawaii CZM Program: 1978- 1988
                       Federally-Permitted & Licensed Activities


                           TOTAL        CONCUR          tCONCUR(2)        OBJECT
                          NUMBER
             YEAR        REVIEWED    No.    %            No.     %        No.    %

               1978            2         2    100%         0     0%        0    0%
               1979           32        27    84%         4    13%         0    0%
               1980           20         16    80%         3    15%         0    0%
               1981           24         17    71%        4    17%         2    8%
               1982           18         14    78%         4    22%        0    0%
               1983           43        22    51%         18    42%        0    0%
               1984           26         12    46%        11    42%        0    0%
               1985           31        20    65%         9    26%          1    3,%
               1986           42        35    83%         2      5%        0    0%
               1987           47        33    60%          8    15%         1    4%
               1988           26        21    83%         2    10%         0    0%

             TOTAL          311         219   70%         65   21%         4    2%
           Note: Total Number Reviewed: includes incomplete, withdrawn and/or pending submissions.
                 however, these reviews are not represented in the data on federal consistency in
                 Hawaii.
                 tConcur(2) = concurrence given after consultation with the applicant and subsequent
                 modification of the project, as agreed to by both the state and federal agencies.

       The following case illustrates the consistency process for federally-licensed or permitted
activities.


Wailua River Hvdroelectric Develooment

       In 1986, Island Power Company, Inc. proposed to develop a hydropower facility along the
Wailua River on Kauai.  If approved, the facility would divert most of the river's flow before


                                               29






Wailua Falls and would deposit the water back into the river after the falls. Given that the
proposed development was within the conservation district, a Conservation District Use
Application (CDUA) was submitted by the applicant to the Hawaii Department of Land and Natural
Resources (DLNR) and was subsequently approved in August. In December, in association with a
Department of the Army permit application, a federal consistency determination was submitted to
the CZM Office. As part of the review process, all affected agencies included in the CZM
management network were requested to comment on the submission. Although DLNR had
previously reviewed this proposal, their comments and recommendations were also requested.

       In reviewing the applicant's proposal, the CZM Office determined that Wailua Falls is a
valuable scenic resource known for its impressive quality during periods of heavy flow. The
applicant acknowledged that the project would affect the falls, and therefore, proposed a level of
stream flow sufficient to preserve the scenic attributes of that resource. Although this measure
would help to retain some of the beauty that had made the falls attractive for first-hand viewing, it
was not adequate to maintain the quality that had made the falls a desirable subject for filming.

       An additional concern was whether the project structures, such as its penstock, would be
visible from the Wailua Falls scenic lookout. CZM officials felt that the visibility of such
structures would detract from the natural attributes of the area and would be contrary to their policy
requiring new developments to be visually compatible with the surrounding environment with
minimal alteration of natural land forms.

       CZM officials believed that these impacts could be sufficiently mitigated if the proposal
included two additional measures. First, the applicant would make reasonable allowances for
temporary, short-term release of heavier flows for filming or special circumstances. Second, the
penstock design would be modified so it would not be visible from the Wailua Falls lookout.
Following incorporation of these two additional mitigation measures into the project development
procedures, the CZM Office issued its concurrence with the project.

       Although the project was previously reviewed and approved by DLNR, a network agency
responsible for carrying out the program's objectives and policies, CZM policies regarding scenic
resources had not been addressed. The federal consistency process was therefore essential in
assuring that CZM concerns were not only considered but also incorporated into the project's final
design.


Outer Continental Shelf (OCS) Exploration, Development and Production Activities

       The CZMA requires that all federal license or permit activities described in detail plans for
the exploration, development of, or production from any area which has been leased under the
Outer Continental Shelf Lands Act [43 USC 1331 et. seq.] and its accompanying regulations and
which affect the coastal zone, be conducted in a manner consistent with Hawaii's CZM Program
[15 CFR 930.70]. To date, the State has not reviewed any OCS activities. However, should any
OCS activities be conducted in the future, the following provision authorized under Subpart E of
the national federal consistency regulations would apply.

       The applicant must supply a copy of its consistency certification along with an OCS plan to
the Secretary of the Interior (Interior), who in turn, will forward a copy of the plan and certification
to the state program agency [15 CFR 930.76]. The state then reviews the application and at the
earliest possible time, but within six months of receipt of a complete consistency submission,
notifies the applicant, Interior and the Assistant Administrator (OCRM) of its concurrence or
objection [15 CFR 930.79]. However, if within three months of receipt of a complete consistency
submission, a decision has not been made, the state agency will notify the applicant, Interior, and
the Assistant Administrator of the status and the basis for any further delay [15 CFR 930.79].
Concurrence by the state will be conclusively presumed if notification is not provided [15 CFR


                                              30





930.79]. Concurrence by the state will also be conclusively presumed if a decision has not been
provided within six months following commencement of state agency review [15 CFR 930.79].
Following state agency objection to one or more of the federal license or permit activities described
in detail in the OCS plan, the federal agency shall not issue any license or permit [15 CFR 930.81].
If the State objects to the consistency determination, the applicant has a right of appeal to the
Secretary of Commerce [15 CFR 930.79]. A description of the Secretarial Mediation process is
outlined on page 32.


Federal Assistance

       Applications for federal assistance grants are also subject to federal consistency review by
state coastal programs, however the process by which each program reviews application are
developed in accordance with Executive Order 12372 and their implementing regulations [ 15 CFR
930.94]. The federal assistance projects likely to affect Hawaii's coastal resources are listed in
Appendix D. However, unlike licenses and permits, states can still review federal assistance
applications even if they are not specified in this listing.

       In Hawaii, all federal assistance applications are processed through the State Clearinghouse
which is also housed in OSP. Notices of proposed federal grant applications are provided to state
and local government agencies for review. Individual review periods are determined by the
clearinghouse on a project-by-project basis. In the event of a state objection, the applicant has a
right of appeal to the Secretary of Commerce [15 CFR 930.96]. A description of the Secretarial
Mediation process is outlined on page 32.

       Table V.3 summarizes the activities reviewed under this category since 1978. Thus far,
activities falling under this category have resulted in minimal State concerns or conflicts. As
indicated, of the 124 federal assistance projects reviewed by Hawaii's CZM Program since its
inception in 1978, only five percent have required modifications and none has been denied. The
following example illustrates the process.


Kealakehe Houselots

       In September, 1983 the County of Hawaii proposed construction of a community center in
Waimea, South Kohala and a housing development (houselots) in Kealakehe, North Kona, both
financed with federal Community Development Block Grant (CDBG) funds. In February, 1984,
following a review of the two projects, the CZM Office determined that the Waimea Community
Center project was consistent with its CZM Program. However, the Office requested additional
information on the Kealakehe Houselots.

       The County proposed developing about 40 single-family dwelling units in Kealakehe in an
area previously determined by the State to be of high archaeological sensitivity. Concerned with
the protection of possible historic or archaeological resources, the CZM Office recommended that a
reconnaissance survey be conducted and that the County coordinate its efforts with the State
Historic Preservation Officer. Based on a survey completed in March, 1984, no significant
archaeologicafl or historic sites were found and no additional investigation was required. The
project was subsequently determined to be consistent with the CZM Program.








                                              31






                                        TABLE: V.3

                           Hawaii CZM Program: 1978 - 1988
                               Federally-Assisted Activities


                           *TOTAL       CONCUR         tCONCUJR(2)        OBJECT
                          NUMBER
             YEAR        REVIEWED    No.    %            No.     %        No.    %

               1978           1           1   100%        0      0%O       0    0%
               1979           3          2    67%         1    33%         0    0%
               1980          12          12   100%        0      0%        0    0%
               1981          23         22    96%         1      4%        0    0%
               1982           0          0      0%        0      0%       0    0%
               1983           4          2    50%         2    50%         0    0%
               1984          16          14    88%        2    12%         0    0%
               1985          17          17   100%        0      0%        0    0%
               1986          25         25   100%         0      0%        0    0%
               1987          14          13    93%        0      0%        0    0%
               1988           9          6    67%         0      0%        0    0%

             TOTAL          124         114   92%         6      5%        0    0%

           Note: *Total Number Reviewed: includes incomplete, withdrawn and/or pending submissions.
                 however, these reviews are not represented in the data on federal consistency in
                 Hawaii.
                 tConcur(2) = concurrence given after consultation with the applicant and subsequent
                 modification of the project, as agreed to by both the state and federal agencies.


Secretarial Mediation

       In the event of a serious disagreement that cannot be resolved through informal
negotiations, the head of a federal agency, Governor or state coastal resources management agency
may request in writing Secretarial mediation [15 CFR 930.112(a)]. A copy of this request is also
sent to the agency with which the requesting agency disagrees and to the Assistant Administrator.
Within 15 days following its receipt, the disagreeing agency must respond in writing to both the
Secretary and the requesting agency indicating whether it wishes to participate in the mediation
process. If the disagreeing agency declines the offer to enter into mediation efforts, the basis for
its refusal must-be included in its response and the Secretary will cease efforts to provide mediation
assistance [15 CFR 930.112(b)]. If, however, all parties agree to participate in the process, the
Secretary appoints a hearing officer that schedules a public hearing to be held in the local area
concerned. Public notice of the hearing is made, and the public is provided with convenient access
to information related to the disagreement. The hearing must be informal and after the hearing, the
record is submitted to the Secretary. A mediation conference attended by representatives from the
Office of the Secretary, the disagreeing federal and state agencies, and any other interested parties
deemed necessary by the Secretary is scheduled. Mediation will terminate under the following
circumstances:



                                               32







VI. NATIONAL REQUIREMENTS


       Although participation in the national Coastal Zone Management Program is voluntary,
those states choosing to participate must meet specific requirements outlined by the CZMA and
federal regulations including:

       1.     Demonstrating adequate authority to carry out the objectives and policies of
              the CZM Program;

       2.     Identifying permissible land and water uses in the management area;
       3.     Designating areas of particular concern and priorities of uses;
       4.     Considering land and water uses of regional benefit; and
       5.     Developing a planning process for siting energy facilities, providing access
              to public beaches and other valuable coastal areas; and assessing the effects
              and controlling/lessening the impacts of shoreline erosion.

This section illustrates how Hawaii's CZM Program meets these requirements.


A.     Management Authority

              It is the national policy to preserve, protect, develop and where possible, to
       restore or enhance, the resources of the National coastal zone for this and
       succeeding generations [and] to encourage and assist the states to exercise
       effectively their responsibilities in the coastal zone through the development and
       implementation of management programs to achieve wise use of the land and water
       resources of the coastal zone, giving full consideration to ecological, cultural,
       historic, and aesthetic values as well as to needs for economic development, which
       programs should at least provide for.. .[CZMA, ï¿½303].

       The CZMA requires states to address and carry out this national policy through their coastal
management objectives and policies. The objectives and policies of the Hawaii CZM Program
were developed to address seven resource areas - recreational, historic, scenic and open space,
coastal ecosystems, coastal hazards, economic uses and managing development - and are carried
out through the various state and county authorities of the CZM management network. The
objectives, policies and implementing authorities are summarized in Table VI.1















                                             34








                                               TABLE VI.1

                                      AUTHORITIES MATRIX



                                                                                          STATE-
                                                                                          MANDATED
                                                                                          COUNTY
CZM OBJECTIVES AND POLICIES                                   STATE AUTHORITY                   AUIrORITY


Recreational Resources

OBJECTIVE:  Provide coastal recreational oppornni-            DLNR:   HRS 115, 171               HRS 46, 115, 205,
ties accessible to the public.                                          HRS 173A                     205A-Part I  m
                                                          DBED:  HRS 201

                                                          LUC:    HRS 205
                                                          ALL:    HRS 101. 343.
                                                                   HRS 344


Policy 1: Improve coordination and funding of coastal         DLNR:   HRS 173A
recreation planning and management; and                       DOT:    HRS 266
                                                          DBED:   HRS 201


Policy 2: Provide adequate, accessible and diverse
recreational opportunities in the coastal zone
management area by:

    (i)  Protecting coastal resources uniquely suited for     DLNR:   HRS 173A. 183D            HRS 205A-Part 1L mI
         recreational activities that cannot be provided      DOH:    HRS 180C
         in other areas;                                      LUC:    HRS 205
                                                          DOT:    HRS 266


   (ii)  Requiring replacement of coastal resources          DLNR:   HRS 173A
         having significant recreational value,               LUC:    HRS 205
         including but not limited to surfing sites and
         sandy beaches, when such resources will be
         unavoidably damaged by development; or
         requiring reasonable monetary compensation
         to the State for recreation when replacement is
         not feasible or desirable;


   (iii)  Providing and managing adequate public              DLNR:   HRS 115. 171              HRS 46, 115, 205A-
         access, consistent with conservation of natural               HRS 173A                      Part II, HI
         resources, to and along shorelines with              DOT:    HRS 266
         recreational value;


   (iv)  Providing an adequate supply of shoreline            DLNR:   HRS 184, Rule             HRS 46, 205A-
         parks and other recreational facilities suitable               ï¿½13-145                      Part II, III
         for public recreation;                               DOT:    HRS 266
                                                           DOH:    HRS 321, Rule
                                                                    ï¿½11-6






                                                       35








AUTHORITIES MATRIX



                                                                                             STATE-
                                                                                             MANDATED
                                                                                             COUNTY
 CZM OBJECTIVES AND POLICIES                                    STATE AUTHORITY                   AUHORITY


 Recreational Resources - continued

     (v)  Encouraging expanded public recreational use          DLNR:   HRS 183, Rule
          of county. state and federally-owned or                        ï¿½13-2
          controlled shoreline lands and waters having         DBED:   HRS 201
           recreational value;


     (vi)  Adopting water quality standards and                 DO-H:    HRS 174C, 180C            HRS 180C. 205A- Part
          regulating non-point sources of pollution in                   HRS 342D, Rules              II
           order to protect and where feasible, restore the               ï¿½11-54; 55; 62
           recreational value of coastal waters;


    (vii)  Developing new shoreline recreational                DLNR:   HRS 173A
           opportunities where appropriate, such as             LUC:    HRS 205
           artificial reefs for surfing and fishing; and


   (viii)  Encouraging reasonable dedication of                 LUC:    HRS 205                   HRS 46, 205A-   Part
           shoreline areas with recreational value for                                                 IL Im
           public use as part of discretionary approvals or
           permits by the Land Use Commission, Board
           of Land and Natural Resources, county councils
           and planning commissions, and crediting such
           dedication against the requirements of ï¿½46-6.
           HRS.


  Historic Resources

  OBJECTIVE: Protect, preserve and where desirable,              CONST: Article 111-5              HRS 46. 57
  restore those natural and man-made historic and pre-           DLNR:  HRS 6E, 171
  historic resources in the CZM area that are significant in               HRS 173A, Rule
  Hawaiian and American history and culture.                               ï¿½11-145
                                                             LUC:    HRS 205
                                                             ALL:     HRS 101,   HRS
                                                                      203-3, 343 HRS
                                                                      344


  Policy I: Identify and analyze significant archaeolo-          DLNR:   HRS 6E,173A
  gical resources;                                               DBED.   HRS 201
                                                             ALL      HRS 343. 344


  Policy 2:  Maximize information retention through              DLNR:   HRS 6E. 184
  preservation of remains and artifacts or salvage               LUC:    HRS 205
  operations; and                                                ALL:      HRS 343, 344






                                                          36









AUTHORITIES MATRIX



                                                                                          STATE-
                                                                                          MANDATED
                                                                                          COUNTY
 CZM OBJECTIVES AND POLICIES                                   STATE AUTHORITY                  AUTHORITY


 Historic Resources (continued)

 Policy 3: Support State goals for protection,                 CONST: Article vm-5              HRS 57
 restoration, interpretation and display of historic           DLNR:   HRS 6E,173A
 resources.                                                             HRS 184. Rule
                                                                    ï¿½11-2
                                                           LUC:    HRS 205
                                                           ALL   HRS 343
                                                                    HRS 344


 Scenic and Open Space Resources

 OB1ECTIVE:  Protect, preserve and where desirable,            CONST: Article VIII              HRS 57
 restore or improve the quality of coastal scenic and open     DLNR:   HRS 173A, 183
 space resources.                                                       HRS 184
                                                           DBED.   HRS 201
                                                           LUC:    HRS 205
                                                           ALL      HRS 101, 343
                                                                    HRS 344


 Policy 1: Identify valued scenic resources in the coastal     DBED:   HRS 201                  HRS 57
 zone management area;


 Policy 2: Insure that new developments are compa-tible        LUC:    HRS 205                  HRS 57
 with their visual environment by designing and locating
 such developments to minimize the alteration of natural
 landforms and existing public views to and along the
 shoreline;


 Policy 3: Preserve, maintain and where desirable,             CONST: Article VI                HRS 205, 205A-   Part
 improve and restore shoreline open space and scenic           DLNR:   HRS 173A, 183                 I. 1m1
 resources; and                                                         HRS 184
                                                           LUC:    HRS 205
                                                           ALL   HRS 344


 Policy 4: Encourage those developments which are not          CONST: Article VII               HRS 57
 coastal dependent to locate in inland areas.                  LUC:    HRS 205
                                                           ALL:    HRS 343, 344












                                                        37








AUTHORITIES MATRIX



             0                                                                                ~~~~~~~~~~~~~~~~~~STATE-
                                                                                          MANDATED
                                                                                          COUNTY
 CZM OBJECTIVES AND POLICIES                                  STATE AUTHORITY                  ALITHORITrY


 Coastal Ecosystems

 QBTE~rIVE: Protect valuable coastal ecosystems from          CONST- Article X-1I              HRS 205A- Part MI HIl
 disruption and minimize adverse impacts on all coastal       DLNR:  HRS 171. 173A
 ecosystems.                                                           HRS 183. 183D
                                                                    HRS 187A. 190
                                                                    HRS 195. 195D.,
                                                                    Rule ï¿½ 11-2
                                                           DOA.     HRS 149A
                                                           DOT:    HRS 266
                                                           LUC:    HRS 205
                                                           OEQC:  HRS 341
                                                           OSP:.    HRS 225M
                                                           ALL      H-RS 101, 343


  Policy I: Improve the technical basis for natu.ral           DLNR.  HIRS 195                  HRS 18OC
  resource management;                                         DOE-L   HRS 180C. 342A
                                                                    HRS 342D, 342F
                                                                    HRS 342H. 3423
                                                                    HRS 342L, 342N
                                                           OEQC:  HRS 341


  Poi~       Preserve valuable coastal ecosystems of           DLNR.  H-RS 173A. 183            HRS 205A-Par  IL. HI
  significant biological or economic importance;                        HRS 183D. 187A
                                                                    HRS 188. 189
                                                                    HRS 190. 195
                                                                    HRS 195D. Rules
                                                                    1 13-28; 29; 30;
                                                                    31; 124; 125
                                                           DOA.    HRS 149A
                                                           LUC.    HRS 205
                                                           DOLt    HRS 3453, Rule
                                                                    ï¿½11154


  Policy 3:  Minimize disruption or degradation of coastal     DLNR:  HRS 183                   HRS iSOC. 205A- Part
  water ecosystems by effective regulation of stream           DOK-   HRS 180C. 342D                IL HII
  diversions, channelization. and similar land and water       DOT.    HRS 266
  uses, recognizing competing water needs-, and


  Policy 4: Promote water quantity and quality planning        DLNR:  HRS 183. Rule             HRS 180C. 205A- Part
  and management practices which reflect the tolerance of               ï¿½ 13-2                      IL, H
  fresh water and marine ecosystems and prohibit land and      DOEH     HRS 180C. 3421),
  water uses which violate state water quality standards.               Rule ï¿½ 11-54
                                                           LUC:    HRS 205
                                                           DOT:    HRS 266
                                                           OEQC:  H RS 341
                                                           OSP:    HRS 225M




                                                        38









AUTHORITIES MATRIX



                                                                                             STATE-
                                                                                             MANDATED
                                                                                            COUNTY
 CZM OBJECTIVES AND POLICIES                                    STATE AUTHORITY                   AUTHORITY


 Economic Uses

 OBJECTIVE:  Provide public or private facilities and           DLNR:   HRS 171. 174              HRS 205
 improvements important to the State's economy in                        HRS 176, 183
 suitable locations.                                            DBED    HRS 196, 206E
                                                             DOT:    HRS 279A
                                                             OSP:    HRS 225M
                                                             ALL      HRS 101, 344


  Policy 1: Concentrate in appropriate areas the location        DLNR:   HRS 171, 174
 of coastal dependent development necessary to the                        HRS 176
  State's economy;                                               LUC:    HRS 205
                                                             DBED.   HRS 196
                                                             DOT:    HRS 279A
                                                             OSP:      HRS 225M


  Policy 2: Insure that coastal dependent development            DOT:    HRS 266                   HRS 57, 205, 205A-
  such as harbors and ports, visitor industry facilities and     LUC:    HRS 205                        Part I
  energy generating facilities are located. designed and         DBED:   HRS 196, 206E
  constructed to minimize adverse social visual and              ALL       HRS 343, 344
  environmental impacts in the coastal zone management
  area; and


  Policy 3: Direct the location and expansion of coastal         DLNR:   HRS 171. 174              HRS 205, 205A-  Part
  dependent development to areas presently designated                      HRS 176, 183                 II
  and used for such development and permit reasonable            LUC:    HRS 205
  long-term growth at such areas, and permit coastal             DOT:    HRS 266, 279A
  dependent development outside of presently designated          OSP:      HRS 225M
  areas when:                                                    ALL       HRS 343, 344

      (i) Utilization of presently designated locations
           is not feasible;
     (ii) Adverse environmental effects are minimized;
           and
     (iii) Important to the State's economy.


  Coastal Hazards

  OBJECTIVE: Reduce hazard to life and property from             DLNR:   HRS 179, 180              HRS 180C. 205.
  tsunami, storm waves, stream flooding. erosion, and            DOH:    HRS 180C                       205A-Part IEI m
  subsidence.                                                    DOT:      HRS 266
                                                             ALL: HRS 101


  Policy 1: Develop and communicate adequate                     DLNR:   HRS 179. 180              HRS 46
  information on storm wave. tsunami. flood, erosion and
  subsidence hazard;




                                                          39








AUTHORITIES MIATRIX



                                                                                    STATE-
                                                                                    MANDATED
                                                                                    COUNTY
 CZM OBJECTIVES AND POLICIES                                STATE AUTHORITY                AUTHORITY


 Coastal  Hazards  (continued)                              DLNR:  HRS 179. 180            HRS 180C. 205.
                                                       DOT:    HRS266                     205A- Part  . III
 Policy 2: Control development in areas subject to storm    DOH:    HRS 180C
 wave. tsunami, flood, erosion and subsidence hazard;       ALL:    HRS 343


 Policy 3: Ensure that developments comply with             DLNR:  HRS 179                 HRS 46, 180C
 requirements of the Federal Flood Insurance Programs;
 and


 Policy 4: Prevent coastal flooding from inland projects.    DLNR:  HRS 180,               HRS 180C. 205A- Part
                                                       DOH-    HRS 180C                   II



 Managing Development

 OBJECTIVE: Improve the development review process.        OSP:    HRS 225M
 communication, and public participation in the            B&F:    HRS 37
 managemnent of coastal resources and hazards.             ALL:    HRS 91.92. 344


 Policy 1: Effectively utilize and implement existing law  OSP:    HRS 225M                HRS46
 to the maximum extent possible in managing present        B&F:    HRS37
 and future coastal zone development;


 Policy  2:  Facilitate timely processing of application   B&F:    HRS 37                  HRS 46
  for development permits and resolve overlapping or
 conflicting permit requirements; and


 Policy 3: Communicate the potential short and long-        LUC:    HRS 205
 term impacts of proposed significant coastal              ALL      HRS 91.92
 developments early in their life-cycle and in terms                HRS 343. 344
 understandable to the general public to facilitate public
 participation in the planning review process.




B. Permissible Land and Water Uses

        The CZMA requires that states identify those land and water uses allowed in the
management area and include in their management programs, those enforceable policies, legal
authorities, performance standards or other techniques or procedures that will govern whether and
how uses will be allowed, conditioned, modified, encouraged or prohibited [ 15 CFR 923.1 1].




                                                     40







       In Hawaii, no uses have been prohibited on a statewide basis; however, some uses have
been restricted, limited or controlled as to the manner or area in which they may occur. The
Hawaii Land Use Law sets forth the general categories of permissible land uses within its four
district classifications (refer to Section C); however, the management authorities included in the     0
State's CZM Programn impose additional constraints on the types of activities permitted and the
specific conditions under which such uses are allowed. Table VI.2 summarizes the various uses
that are subject to special management controls.











































                                              4 1







                                               TABLE VI.2:

                                        LAND & WATER USES
                  SUBJECT TO SPECIAL MANAGEMENT CONTROLS



MANAGEMENT
SYSTEM                                  SPECIAL CONSTRAINTS/CONDITIONS                             AUTHORITY

Irrigation   Projects                   BLNR may organize and administer irrigation                 DLNR: Ch. 174. HRS
                                    projects exclusively for farming purposes.


Wildlife  Areas                         DLNR is responsible for establishing, maintaining,         DLNR: Ch. 183D, HRS
                                    managing and operating game management areas,
                                    wildlife sanctuaries and public hunting areas to
                                    preserve, protect, conserve and propagate wildlife.

                                    Rules established by the department concern:

                                       Preserving, protecting, regulating and extending
                                      the use of and conditions for entry into wildlife
                                      sanctuaries, game management areas and public
                                      hunting areas;

                                    * Protecting, conserving, monitoring, propagating
                                      and harvesting wildlife;

                                    * Size limits, bag limits open and closed seasons and
                                      specifications of hunting gear which may be used
                                      or possessed.


Aquatic  Resources                      In addition to managing MLCDs and the NARS, the            DLNR: Ch. 187A. HRS
                                    DLNR is responsible for establishing, managing and
                                    regulating all public fishing areas, artificial reefs,
                                    fish aggregating devices, shoreline fishery
                                    management areas, refuges and marine life
                                    propagating stations.
                                    FISHING RIGIHTS AND REGULATIONS:
                                                                                           DLNR: Ch. 187A, HRS
                                    Konohiki Rights: By ancient regulations, fishing
                                      grounds extending landward, from the reefs (and
                                       where there happens to be no reefs, from the
                                      distance of one geographical mile seaward of the
                                      beach at low watermark) are the private fishery of
                                      the konohiki.

                                       "Konohiki" is a Hawaiian term meaning 'headman'
                                      of a land division. under the chief, who is vested
                                       with special fishing rights for the private fishery
                                       are established by proceedings in the State Circuit
                                       Court and cannot be disturbed.

                                       Specific aquatic life is set apart and is for the
                                       exclusive use of the konohiki within a specified
                                       period, whereby neither the tenants nor others may
                                       take the reserved aquatic life within the private
                                       fishery.





                                                        42










PERMISSIBLE USES



 MANAGEMENT
 SYSTEM                                SPECIAL CONSTRAINTS/CONDITIONS                             AUTHORITY

 Aquatic  Resources                    Fishing rights and regulations are adopted by the          DLNR: Ch. 188. HRS
 (continued)                              department concerning: the size limits and
                                         specifications of fishing and taking gear; size
                                         limits and conditions for fishing and taking of
                                         specific aquatic species; and conditions for fishing
                                         and taking of aquatic species in certain waters in
                                         the State.

                                       Commercial fishing requirements have also been            DLN'R: Ch. 189, HRS
                                         adopted by DLNR.


 Marine  Life  Conservation            The DLNR establishes MLCDs as necessary to                 DLNJR: Ch. 190, HRS
 Districts                             conserve, supplement and increase the State's marine
 (MLCD)                                resources.

                                       Once established, the department will adopt rules
                                       governing: the taking or conserving of fish and
                                       other marine 'life; prohibiting activities that may
                                       disturb, degrade or alter the marine environment;
                                       establishing open and closed seasons; designating
                                       areas where certain species of fish or marine life may
                                       not be taken; prescribing and limiting the methods
                                       of fishing (i.e., type and mesh and other description
                                       of nets, traps and appliances); and otherwise
                                       regulating the fishing and taking of marine life.

                                       As of 1989, nine MLCDs have been established and          DLNR Admin. Rules:
                                       include:                                                     Title 13. Subtitle 4

                                            Hanaumae Bay, Oahu                                   Chapter 28
                                            Kealakekua Bay, Hawaii                               Chapter 29
                                            Mfanele-Hulopoe, Lanai                               Chapter 30
                                            Molokini Shoal, Maui                                 Chapter 31
                                            Honolua-Mokuleia Bay, Maui                           Chapter 32
                                            Lapakahi, Hawaii                                     Chapter 33
                                            Pupukea, Oahu                                        Chapter 34
                                            Wailea Bay, Hawaii                                   Chapter 35
                                            Waikiki, Oahu                                        Chapter 36


  Ocean  Leasing                        BLNR in agreement with DOT. may lease state marine    DLNR: Ch. 190D. HRS
                                       waters and submerged lands for marine activities.

                                       The Board will not lease any areas when existing
                                       programs of the DLNR such as MLCDs, shoreline
                                       fisheries management areas or natural area reserves
                                       will suffer adverse impact as a result of the proposed
                                       activities. Other leasing restrictions, procedures and
                                       provisions have been adopted and are administered
                                       by DLNR.








                                                           43









PERMISSIBLE USES



 MANAGEMENT
 SYSTEM                              SPECIAL CONSTRAINTS/CONDITIONS                         AUTHORITY

 Natural  Area  Reserve              NARS was established to protect and preserve the       DLNR: Ch. 195, HRS
 System                              unique natural assets of the State, including
 (NARS)                              geological and volcanic features and distinctive
                                     marine and terrestrial plants and animals. To date,
                                     there are 21 reserves, managed by DLNR and include:

                                         Waiakea 1974 Lava Flow, Hawaii                    DLNR Admin. Rules:
                                         Ahihi-Kinau, Maui                                 Title 13, Subtitle 9,
                                         Puu 0 Umi. Hawaii                                   Chapter 209
                                         Laupahoehoe. Hawaii
                                         Mauna Kea Ice Age. Hawaii
                                         Puu Mbakaala, Hawaii
                                         Manuka, Hawaii
                                         Kipahoehoe, Hawaii
                                         Kaena Point, Oahu
                                         Pahole, Oahu
                                         Mount Kaala, Oahu
                                         Hono 0 Pali, Kauai
                                         Kuai, Kauai
                                         Honowai, Maui
                                         Kahuckuloa, Maui
                                         Hookowai, Maui
                                         Panaewa, Maui
                                         Lihau, Mauli
                                         Oloki, Molokai
                                         Puu Alii, Molokai
                                         Kahaualea, Hawaii


 Conservation  of  Aquatic           A Wildlife Sanctuaries Program managed by DLNR         DLNR: Ch. 195D. HRS
 Life, Wildlife and  Land            was developed to conserve, manage and protect
 Plants                              indigenous wildlife of the State. To date, 11
                                     sanctuaries have been established and include:

                                         Paiko Lagoon, Oahu
                                          Kipuka Ainahou, Hawaiii
                                         Kahuku Nene Sanctuary, Hawaii
                                         Keauhou Nene Sanctuary, Hawaii
                                         Keauhou and Nene Sanctuary, Hawaii
                                         Nuipia Ponds, Oahu (Marine Corps)
                                          Ulupau Crater, Oahu (Marine Corps)
                                         Naval Ammunition Depot - Lualualei,
                                            Oahu (Navy)
                                         Hawaii State Seabird Sanctuary, (offshore
                                            islands around the State)
                                         Kanaha Pond, Maui
                                          Puu tVaa Waa, Hawaii


                                     The Waimanu Estuarine Sanctuary was also
                                     established by DLNR to protect and preserve a
                                     Hawaiian estuarine sanctuary for scientific and
                                     educational use.






                                                        44









PERMISSIBLE USES



 MANAGEMENT
 SYSTEM                           SPECIAL CONSTRAINTS/CONDITIONS                     AUTHORITY

 Special Management  Area         Special controls and guidelines for reviewing      Counties: Ch. 205A,
 (SMA)                            proposed developments are established by the         Part EL HRS
                                 counties for developments within their designated
                                 SMAs                                              County Ordinances and
                                                                                    Regulations


 Shoreline  Setback               Shoreline setback areas are designated on each     Counties: Ch. 205A,
                                 island. where no development or activity may occur   Part m. HRS
                                 without prior approval by the appropriate county
                                  authority.                                        County Ordinances and
                                                                                    Regulations


 Hawaii  Community                HCDA was established by the legislature to renew,  HCDA: Ch. 206E, HRS
 Development  Authority           renovate or improve areas that are substantially
 (HCDA)                           underdeveloped or blighted and are an economic
                                  and/or social liability to the State.

                                  Housed in DBED, HCDA establishes rules for
                                  designated improvement districts.

                                 To date, one improvement district has been
                                  established -- the Kakaako Community Development    HCDA: Ch. 206E,
                                  District in central Oahu.                            Part IL HRS


 Harbors                          No person may erect or place, sink or abandon any  DOT: Ch. 266, HRS
                                  structure, type of watercraft or other sizeable object
                                  in or within the shores or shore waters of the State
                                  without permission from DOT.

                                  Specific restrictions were established for the Ala Wai
                                  and Keehi boat harbors. In addition, the department
                                  establishes and enforces mooring requirements in
                                  state harbors.



C.   Areas of Particular Concern and Priorities of Use

        The CZMA requires that states include in their management programs an inventory and
designation of areas of particular concern (APCs) or interest within the coastal zone as well as a
priority of uses-in these areas, including those of lowest priority [15 CFR 923.21]. Criteria for
designating APCs include:

        areas of high natural productivity or essential habitatfor living resources, including
       fish, wildlife...areas where development and facilities are dependent upon the
        utilization of, or access to, coastal waters [15 CFR 923.21(b), (c)].

        Hawaii has several programs that are similar to and meet the requirements of the APC
concept noted above. General provisions for the use and/or protection of these areas are included



                                                   45






in Hawaii CZM Program's objectives and policies relating to coastal ecosystems, historic resources
and coastal development. However, additional and more specific use restrictions are accomplished
by applying specific plan and zone designations to these APCs. The state and county authorities
responsible for an area's management, preservation and/or development have established priorities
of use by permitting, regulating, encouraging or prohibiting particular uses and activities in these
areas. Hawaii's APCs are discussed below and include: the Natural Area Reserves Systems; the
Marine Life Conservation Districts Program; the Wildlife Sanctuaries Program; the Waimanu
National Estuarine Research Reserve; the Shoreline Setback Area; and programs falling within the
purview of the Hawaii Community Development Authority.

Areas for Preservation and Restoration

       The CZMA establishes provisions to preserve or restore areas for their conservation,
recreational, ecological or aesthetic values [15 CFR 923.22]. In Hawaii, most areas considered to
be of particular concern are designated for these purposes. These include the Natural Area
Reserves Systems, the Marine Life Conservation Districts Program, the Wildlife Sanctuaries
Program, the Waimanu National Estuarine Research Reserve and the Shoreline Setback Areas.

       Natural Area Reserves Systems (NARS): NARS was established by the State Legislature
to protect unique geological, volcanic and other natural areas with distinctive marine, animal and
terrestrial features from any loss due to human population and technological growth. A NARS
Commission appointed by the Board of Land and Natural Resources recommends areas for
inclusion into the NARS. Subsequent rules specifying the use, control and protection of an area
established by the Commission are subject to Board approval. At present, 21 sites have been
established under the NARS program.

       Marine Life Conservation District (MLCD): The NARS counterpart on the water side of
the coastal zone is the Marine Life Conservation District Program. This program was established
to preserve unique areas of Hawaii's marine environment such as bays, shoals and estuaries,
which are vulnerable to human activities if left unattended. To date, nine MLCDs have been
designated.

       Wildlife Sanctuaries: The purpose of this program is to conserve, manage and protect
indigenous wildlife of the State. Sanctuaries are created and administered by the Board of Land
and Natural Resources. To date, 11 sanctuaries have been established.

       Waimanu National Estuarine Research Reserve: Waimanu Valley, located on the island of
Hawaii, is a unique Hawaiian sanctuary, preserved for the protection of indigenous flora and fauna
for scientific and educational purposes. The Board of Land and Natural Resources designated this
area as a sanctuary in 1980 and developed administrative rules governing permissible (and
impermissible) uses in the area.

       Shoreline Setback Areas: The final APC included in the program to protect and conserve
coastal resources are the shoreline setback areas designated in each county. Because of the
importance of the shoreline to the economy and environment, the shoreline setback provisions
included in the CZM Law establish a restrictive zone 40 feet1 inland from the shoreline, where
construction and other activities are generally prohibited except by a variance process. The


iThe counties, through rules adopted pursuant to Chapter 91. HRS or ordinance, may require that shoreline setback lines be
 established at greater distances [ï¿½205-45, HRS]. In addition. the 1989 Legislature authorized the counties through rules
 pursuant to Chapter 91, HRS or ordinance, to expand the shoreline setback areas to include the area between mean sea level
 and the shoreline [Act 356, 1989 SLHJ.

                                               46







counties are responsible for carrying out the setback provisions and are authorized to issue the
shoreline setback variances.

Other Areas of Particular Concern - Areas for Coastal Development

       In addition to establishing APCs for preservation and restoration, the CZMA allows state
coastal programs to designate other areas that require additional or special management (15 CFR
923.23). Although most of Hawaii's APCs are concerned primarily with the preservation and
restoration of areas for their conservation, recreational, ecological or aesthetic values, an important
program qualifying as an APC under this provision is the Kakaako Community Development
District.

       Hawaii Community Develonment Authority: The Authority is charged with developing and
implementing community development plans and programs in underdeveloped or blighted areas
designated by the legislature, with powers to override county controls and regulations as necessary
to better serve the public interest of the State.

       To date, only one district has been established - the Kakaako Community Development
District - an underdeveloped service and light industrial area centrally located in Honolulu
between the island's central business district/government center and Waikiki, the State's major
tourist destination. Because of its proximity to the coast, shoreline utilization and water uses in
this area are highly competitive. Serious consideration of coastal resources is required in the
redevelopment of this "New-Town-In-Town." Hawaii's APCs and their respective priorities or
prohibitions of use are summarized in Table VI.3.






























                                              47








                                                 TABLE VI.3:

                                       Areas of Particular Concern
                                              Priorities of Uses



                                                         AUTHORITY
                                                           FOR
MANAGEMENT  NATURE OF                                          DESIGNATION
SYSTEM                  CONCERN/PURPOSE                        OF SITES              PRIORITY OF USES

Natural  Area           Protection and preservation of    Areas are recom-           High Priority: Uses which preserve
Reserves                unique natural resources such       mended by the Nat-          and enhance existing ecosystems,
System                  as geological and volcanic,         ural Area Reserves          the area's geological features,
                      and distinctive marine and          Commission.                historic resources and endangered
                      terrestrial features.                                           species.

                                                                                Low Priority: Uses generally
                                                                                   prohibited by the Department of
                                                                                   Land and Natural Resources'
                                                                                   administrative rules including, harm
                                                                                   to plant or animal life, construction
                                                                                   and/or polluting activities.


Marine  Life            Preserve, protect and conserve    Established by the         High Priority: Uses which preserve,
Conservation            marine (life) and geological        Board of Land and           protect, conserve and/or propagate
Districts               features in furtherance of          Natural Resources           marine resources and geological
                       Hawaii's policy to conserve,        through adrministra-       features.
                       supplement and increase the         tive rules.
                       States marine resources.                                     Low Priority: Uses generally
                                                                                   prohibited by the Departmunent of
                                                                                   Land and Natural Resources'
                                                                                   administrative rules including,
                                                                                   polluting. construction and certain
                                                                                   types of fishing.


Wildlife                Conserve, manage and protect    Established by the           High Priority: Uses which preserve
Sanctuaries             indigenous wildlife.                Board of Land and           and enhance iddigenous wildlife in
                                                         Natural Resources          the area.
                                                         through administra-
                                                         tive rules.              Low Priority: Uses generally
                                                                                   prohibited by the Department of
                                                                                   Land and Natural Resources'
                                                                                   administrative rules including,
                                                                                   polluting, construction and certain
                                                                                   types of hunting.
















                                                          48








Areas of Particular Concern - Priorities of Uses


                                                  AUTHORITY
                                                   FOR
 MANAGEMENT  NATURE OF                                 DESIGNATION
 SYSTEM              CONCERN/PURPOSE                  OF SITES           PRIORITY OF USES

 Walmanu             Protect indigenous flora and   Established by the    High Priority: Uses which preserve.
 National            fauna to preserve a Hawaiian   Board of Land and       protect, conserve or study the area's
 Estuarine           estuarine sanctuary for future    Natural Resources    historic resources and native animal
 Research            scientific and educational     through administra-     and plant conmmnunities.
 Reserve             purposes.                      tive rules.
                                                                      Low Priority: Uses generally
                                                                        prohibited by the Department of
                                                                         Land and Natural Resources'
                                                                         administrative rules including,
                                                                        polluting, construction and certain
                                                                         types of fishing and hunting.


 Shoreline           Protect shoreline resources    Counties establish    High Priority: Uses which preserve
 Setback             recognized as vital to the     setback areas.          and enhance coastal resources.
                     economy and envirorunment of
                     the Stae.                                           Low Priority: Any structures, to
                                                                         include (but not limited to),
                                                                         seawalls, groins and revetments.


 Hawail              Replan. renew or redevelop an   State Legislature    High Priority: Mixed-uses providing
 Community           urban area to alleviate        designates sites as     significant employment and low-
 Development         conditions which may make      necessary.              cost housing, parks and open space,
 Authority           the area a social or economic                          and enhancing compatible,
                     liability.                                            industrial and commercial activity.

                                                                       Low Priority: Uses incompatible with
                                                                         surrounding districts which would
                                                                         detract from historic and/or cultural
                                                                         resources, or decrease utilization of
                                                                         public transportation or pedestrian
                                                                         facilities.



D.   Uses of Regional Benefit

        To assure that "local land and water use regulations ... do not unreasonably restrict or
exclude land or water uses of regional benefit," the national CZMA requires that uses of regional
benefit be given appropriate consideration [15 CFR 923.12]. This requirement needs special
interpretation when applied to Hawaii since its local government structure is made up of four
counties each of which covers one or several entire islands. The provision of regional benefit is
therefore interpreted to apply to land and water uses of statewide benefit or of benefit to more than
one county.

        The objectives and policies of the Hawaii CZM Program were formulated in order to
protect or where possible, enhance coastal resources of statewide importance. In addition, these
objectives and policies are supplemented by the various state authorities included in the CZM
management network to ensure that uses of statewide benefit are given appropriate consideration
by local land and water management authorities.



                                                   49








        Examples of activities using and/or requiring locations near the coast and having impacts or
benefits beyond a county's jurisdiction are summarized below in Table VI.4.


                                              TABLE VI.4:

                                      Uses of Regional Benefit



 TYPE OF ACTIVITY                             EXAMPLE OF USES

 Scientific  Field  Research                  Investigations and studies undertaken in areas such as astronomy;
                                              volcanic observation; wetlands; endangered species; and natural
                                              hazards.


 Marine-Related  Research  Facilities   Investigations and studies undertaken in areas such as aquaculture;
                                              energy conversion (i.e, waves, tides, currents, osmotic salinization);
                                              fisheries development; reefs/marine life conservation; water quality
                                              and waste management; and seabed mining.


 Energy  Research  and  Development    Research and development activities for hydroelectric power plants;
 Facilities                                     municipal and agricultural sold wastes power conversion; geothermal
                                              energy conversion; biomass conversion; wind and solar energy; and
                                              various ocean energy resources (i.e., waves, tides, currents, osmotic
                                              salinization).


  Communication  and                           Facilities include telephone and television networks and transoceanic
 Transportation   Facilities                    cables; airports. highways and small boat harbors; and deepdraft ports
                                              and ancillary facilities.


  Processing   Facilities                      Developments include extraction and processing plants for fisheries,
                                              forestry and aquaculture resources; sand. marine minerals, lava rock
                                              and ferrous bauxite mining; and jet fuel and gasoline refining.


  National  Defense  and  Coastal              Facilities include the Pacific Headquarters for the U.S. Armed Forces; the
  Protection   Facilities                        U.S. Coast Guard; civil defense warning system; and aerospace and
                                              tracking facilities.



E.   Energy Facility Siting, Beach Access and Shoreline Erosion

         The 1976 amendments to the CZMA required three new elements to be included in state
coastal management programs: a planning process for (1) siting of energy facilities and identifying
their impacts; (2) protecting and maintaining access to public beaches; and (3) assessing the effects
of and evaluating ways to control shoreline erosion. As with other elements of the program,
Hawaii relies upon the existing state and local government authorities and activities to meet these
federal requirements.








                                                      50







Planning for Energy Facilities
       Hawaii depends almost entirely on imported petroleum as its primary energy source. In
1988, about 90 percent of Hawaii's energy was derived from external fossil fuels (DBED, 1988).
Given the many uncertainties associated with the future of petroleum as a resource, Hawaii has
continued to explore and develop alternative sources of energy and energy self-sufficiency. The
thrust of planning for energy facilities has since shifted from fossil fuel-based facilities to a number
of indigenous, renewable, natural resources including solar, ocean, wind, biomass and
geothermal This continued interest in energy planning and development is expressed in the State's
environmental policy encouraging efficient use of energy resources and in the CZM program's
objectives and policies relating to economic resources.
       The CZMA requires that state coastal programs include a planning process for energy
facilities likely to be located in, or which may significantly affect the coastal zone. In addition, the
CZMA has identified specific energy facilities which must be addressed by the coastal program.
The national interests in siting facilities and the corresponding coastal objectives which respond to
this concern are summarized in Table VI.5a.









                                               TABLE VI.5a:
                                               Facility Siting
                                Consideration of National Interests


                                                                                                RELEVANT
                                                         FEDERAL AGENCY                           HAWAII CZM
FACILTrrY               ASSOCIATED                         (adapted from                            RESOURCE
SITING FOR:             FACILITIES                         15 CFR 923.15)                           CATEGORY

Energy                 Oil & gas wells; storage &          Department of Energy. Department         Economic Uses
Production  and        distribution facilities; refin-     of Transportation. Federal Energy        Coastal Hazards
                 Transmission  ries; nuclear. conventional &  Regulatory Commission, Depart-        Managing Dvmt
                      hydroelectric power plants:        ment of the Interior, Nuclear
                       deepwater ports                    Regulatory Commission. Maritime
                                                         Administration. Coast Guard. Corps
                                                         of Engineers


Recreation             National seashores; parks &         National Park Service. Forestry          Recreational
                       forests; large & outstanding       Service. Fish & Wildlife Service,        Historic
                       beaches & recreational water-      Bureau of Land Management, Henri-        Scenic/Open Space
                       fronts; wildlife reserves;         tage Conservation & Recreation           Coastal Ecosys
                       wilderness & recreation areas      Service                                  Coastal Hazards


Interstate              Airports; interstate highways;     Corps of Engineers, Department of        Coastal Ecosys
Transportation          aids to navigation; ports &        Transportation. Interstate Commerce    Scenic/Open Space
                       harbors; railroads                 Commission, Maritime Admini-             Economic Uses
                                                         stration                                 Coastal Hazards


Production  of          Prime agricultural land &          Department of Agriculture, Fish &        Coastal Ecosys
Food  and  Fiber    facilities; forests; mariculture       Wildlife Service. National Marine        Scenic/Open Space
                       facilities; fisheries              Fisheries Service                        Economic Uses
                                                                                                Coastal Hazards


Preservation  of    Flood & storm protection;              Corps of Engineers, Federal Flood        Coastal Hazards
Life and               disaster & warning facilities       Insurance Administration, National
Property                                                   Oceanic & Atmospheric Administra-
                                                         tion. Soil Conservation Service,
                                                         Housing & Urban Development


National               Military installations; defense    Department of Defense, National           Economic Uses
Defense  and           manufacturing and aerospace         Aeronautic & Science Administration    Scenic/Open Space
Aerospace              launching & tracking facilities


Historic,       -      Historic sites & natural areas;     Register of Historic Places. National    Historic
Cultural and           areas of unique cultural sig-       Park Service, Fish & Wildlife            Coastal Ecosys
Aesthetic              nificance, species and habitat      Service. National Marine Fisheries,      SceniclOpen Space
Values                 preservation; wildlife refuges      Housing & Urban Development


Mineral                Mineral extraction support          Geological Survey. Bureau of Mines       Economic Uses
Resources              facilities                                                                   Coastal Ecosys





                                                         52









        Although addressed by the CZM objectives and policies, the primary responsibility for
developing a state program for energy planning falls under the authority of the Department of
Business and Economic Development (DBED) and consists of short and long-term planning for
conserving energy and fuels as well as developing new or alternative sources of such energy and
fuels. In addition, the director of DBED serves as the State's energy coordinator, responsible for
coordinating the efforts of all federal, state and local governments and private agencies engaged in
or expressing an interest in various aspects of the exploration, research, distribution, conservation
and production of all forms of energy resources. Additional state and county authorities are
involved in the siting of energy facilities and vary, depending on the resource impacts on the
proposed facility. Combined, these agencies and departments satisfy the federal requirements for
an energy facility siting planning process. The various agencies which address energy facilities
siting are summarized in Table VI.5b.


                                            TABLE VI.5b:

                                            Energy Policies



 AGENCY                POLICY                                                         AUTHORITY

 All  offices,         It is the State's policy to encourage productive and enjoyable  Ch. 344. HRS
 departments,          harmony between the people of Hawaii and the environment to
 boards and            promote efforts which will prevent or eliminate damage to the
 commissions   of   environment and biosphere and stimulate the health and
 the state and         welfare of the people, and enrich the understanding of the
 county                ecological systems and natural resources important to the
 governments           State.

                      To protect and enhance Hawaii's environment and reduce the
                      drain on non-renewable resources the State, through its
                      programs, authorities and resources, will encourage efficient
                      use of energy resources.


 Office  of State      It is an objective of the Hawaii CZM Program to provide public   Ch. 205A-Part I, HRS
 Planning              or private facilities and improvements important to the State's
                      economy in suitable locations by:

                       Concentrating in appropriate areas, the location of coastal
                       dependent development necessary to the State's economy;

                       Insuring that coastal dependent development such as harbors
                       and ports, visitor industry facilities and energy generating
                       facilities are located, designed and constructed to minimize
                       adverse social. visual and environmental impacts in the
                       coastal zone management area; and

                       Directing the location and expansion of coastal dependent
                       development to areas presently designated and used for such
                       development and permit reasonable long-term growth at such
                       areas, and permit coastal dependent development outside of
                       presently designated areas when:

                        (i) Utilization of presently designated locations is not
                             feasible;
                        (ii) Adverse environmental effects are minimized; and
                       (iii) Important to the State's economy.




                                                     53








        Energy Policies



          AGENCY                  POLICY                                                             AUTHORITY

          Department  of          DBED is responsible for developing a state program for energy   Ch. 201. HRS
          Business  and           planning and conservation. The programs consist of short and
          Economic                long-range planning to encourage voluntary conservation of
          Development             energy and fuels. and to develop new or alternative sources of
         (DBED)                  such energy and fuels.


                                 The director of DBED serves as the State's energy resources        Ch. 196, HRS
                                 coordinator. coordinating the efforts of all federal, state.
                                 county and private agencies engaged in or interested in the
                                 exploration. research. distribution. conservation and
                                 production of all forms of energy resources in Hawaii.
                                 Responsibilities include:

                                   Formulating pla:s for the optimum development of
                                   Hawaii's energy resources;

                                   Conducting systematic analyses of existing and
                                   proposed energy resource programs;

                                   Formulating and recommending specific proposals for
                                   conserving energy and fuel;

                                   Developing programs to encourage private and public
                                   exploration and research of alternative energy resources
                                   which will benefit the State.


.j        Department  of          The Board of Land and Natural Resources may designate              Chs. 196D, 205, HRS
          Land and                geothermal resource subzones within the four land use
          Natural                 districts. Only those subzones may be used for geothermal
          Resources               development activities.
          (DLNR)
                                 An assessment of potential geothermal resource subzones is
                                 conducted by the Board prior to its designation. The Board's
                                 assessment includes:

                                   The area's potential for producing geothermal energy;

                                   The prospects for using geothermal energy in the area;

                                   The geologic hazards that potential geothermal projects
                                   would encounter,

                                   The compatibility of geothermal development and
                                   related industries with present uses and environment of
                                    surrounding areas; and

                                   The potential economic benefits of geothermal
                                   development and related industries.


          Counties                Each county may participate in developing alternative energy       Ch. 46, HRS
                                 resources--geothermal. solar, wind, ocean, biomass or solid
                                 wastes--in joint venture with an end user or public utility.
                                 Should a joint venaure not be available, the counties may
                                 proceed alone.





                                                                   54








Shorefront Access Planning

       The CZMA requires that each state include in its coastal program, (a) a definition of the
term "beach" and (b) a planning process for the protection and access to public beaches and other
public coastal areas of environmental, recreational, historic, aesthetic, ecological or cultural value
[15 CFR 923.24].

       The general coastline of Hawaii's major and minor islands total 750 miles, varying greatly
in physical characteristics from island to island as well as from one part of an island to another.
The lands abutting Hawaii's 185 miles of sandy beach2 on the six major islands - Hawaii, Oahu,
Maui, Kauai, Molokai, and Lanai - are owned and managed by both public agencies and private
individuals.


                                        FIGURE VI.1:

                   Management of Upland Areas Adjacent to Beaches


                 State: 4%

                             Counties: 16%
                )I~         \ :: :11 ï¿½             According to the 1975 State Comprehensive Outdoor
                                                     Recreation Plan (SCORP), counties manage 30.2
                                                     linear miles of upland areas adjacent to sandy beaches;
                                                     state agencies manage 62 linear miles and thefederal
                                                     government manages 105 linear miles. The balance,
                                                     roughly 137 linear miles of sandy beach, is abutted by
                       . ! .  ..  .    l  rprivately owned or managed lands.



Private: 74%



This is a major problem in Hawaii since adjoining landowners exercise control over perpendicular
access to the shoreline. Therefore, in addition to the CZM policies regarding recreational
resources, scenic and open space resources and coastal ecosystems, the State manages shorefront
access and protection using two principal authorities.

       The first and by far the most important means of government control is through the
individual county planning departments and the Special Management Area and shoreline setback
provisions. Under Part II and Part III, respectively, of Hawaii's Coastal Zone Management Law,
each county has designated special management areas along their shorelines and has developed
special conditions and guidelines for any development proposed in these areas. The shoreline
setback areas running from the shoreline to a distance of not less than 20 feet and not more than 40

2For purposes of the Hawaii CZM Program, "beach" is defined as all lands up to the upper reaches of the wash of the waves.
other than storm and tidal waves, at high tide during the season of the year in which the highest was of the waves occurs,
usually evidenced by the edge of vegetation growth, or the upper limit of the debris left by the wash of the waves [Chapter
205A-1, HRS].


                                                55







feet inland were established to minimize any construction or development that would interfere with
the natural shoreline processes and safe public shoreline access. Another mechanism vested with
the counties are the subdivision and development rules administered under Chapter 46, HRS which
require subdividers and/or developers to dedicate land for public access by right-of-way or
easement for pedestrian travel.

        In addition, the Department of Land and Natural Resources is responsible for acquiring and
maintaining public access to the sea, shorelines and inland recreational areas, and providing public
rights-of-way and transit corridors along the shorelines. The various authorities included in
Hawaii's CZM Program to address shoreline access are summarized in Table VI.6.


                                              TABLE VI.6:

                           Shorefront Access and Protection Policies



 AGENCY                POLICY                                                           AUTHORITY

 Omce  of State        It is an objective of the Hawaii CZM Program to provide          Ch. 205A-Part I, HRS
 P I an n I n g        adequaxe, accessible and diverse recreational opportunities in
 (OSP)                 the coastal zone management area by:

                         Protecting coastal resources uniquely suited for
                         recreational activities that cannot be provided in other
                         areas'

                         Requiring replacement of coastal resources having
                         significant recreational value, including but not limited to
                         surfing sites and sandy beaches, when such resources will
                         be unavoidably damaged by development; or requiring
                         reasonable monetary compensation to the State for
                         recreation when replacement is not feasible or desirable;

                         Providing and managing adequate public access,
                         consistent with conservation of natural resources, to and
                         along shorelines with recreational value; and

                         Providing an adequate supply of shoreline parks and other
                         recreational facilities suitable for public recreation.


  Counties              In cases where public access is not already provided, each      Ch. 46, HRS
                       county requires subdividers and/or developers to dedicate land
                       for public access by right-of-way or easement for pedestrian
                       travel from a public highway or street to land below the high-
                       water mark on any coastal shoreline.


                       Each county has designated Special Management Areas (SMAs)   Ch. 205A-Part 11. HRS
                       along their shorelines and have developed special controls and
                       guidelines for reviewing developments proposed in these areas
                       to include:









                                                      56









Shorefront Access and Protection Policies



 AGENCY                  POLICY                                                              AUTHORrTY

 Counties                  Providing adequate access to publicly owned or used              Ch. 205A-Part IL HRS
 (contin ued)              beaches. recreation areas and natural reserves to the extent
                           consistent with sound conservation; and

                           Minimizing where reasonable, any development which
                           would reduce or impose restrictions upon public access to
                           tidal and submerged lands. beaches, portions of rivers and
                           streams within the SMA. and the mean high tide line
                           where there is no beach.


                         In order to protect shoreline resources vital to the economy       Ch. 205A-Part Ill. HRS
                         and environment of the State, 20 to 40-ft (greater in some
                         areas) setbacks are established along the shorelines of each
                         county.

                         Except as provided in Part III of the Hawaii CZM Law, no
                         structure is permitted within the designated shoreline area
                         without prior authorization from the respective county. A
                         shoreline setback variance may be issued provided that the
                         proposed development meets the following conditions:

                           (a)  If the authority finds in writing, based on the record
                                presented, that the proposed structure or activity is
                                necessary for or ancillary to:

                                (1) Cultivation of crops;

                                (2) Aquaculture;

                                (3) Landscaping; provided it will not
                                     adversely affect beach processes and will
                                     not artificially fix the shoreline;

                                (4) Drainage;

                                (5)  Boating, maritime, or water sports
                                     recreational facilities;

                                (6) Facilities or improvements by public
                                     agencies or utilities regulated under ï¿½269;

                                (7) Private facilities or improvements that are
                                     clearly in the public interest;

                                (8) Private facilities or improvements which
                                     will neither adversely affect beach
                                     processes nor artificially fix the
                                     shoreline; provided that the authority also
                                     finds that hardship will result to the
                                     applicant if the facilities or improvements
                                     are not allowed within the shoreline area;









                                                           57








Shorefront Access and Protection Policies



 AGENCY                  POLICY                                                                AUTHORITY

 Counties                        (9)  Private facilities or improvements that Ch. 205A-Part [EL HRS
 (continued)                           may artificially fix the shoreline. provided
                                     that the authority also finds that shoreline
                                     erosion is likely to cause hardship to the
                                     applicant if the facilities or improvements
                                     are not allowed within the shoreline area;
                                     provided further thai the authority imposes
                                     conditions to prohibit any structure
                                     seaward of the existing shoreline unless it
                                     is clearly in the public interest; or

                               (10)  Moving of sand from one location seaward
                                     of the shoreline to another location
                                     seaward of the shoreline; provided that the
                                     authority also rinds that moving of sand
                                     will not adversely affect beach processes,
                                     will not diminish the size of a public
                                     beach. and will be necessary to stabilize
                                     an eroding shoreline.

                           (b) Hardship shall be defined in rules adopted by the
                                authority under Chapter 91. Hardship shall not be
                                determined as a result of county zoning changes.
                                planned development permits, cluster permits, or
                                subdivision approvals after the effective date of this
                                Act, or as a result of any other permit or approval
                                listed in rules adopted by the authority.

                           (c) No variance shall be granted unless appropriate
                                conditions are imposed:

                                (1)  To maintain safe lateral access to and
                                     along the shoreline or adequately
                                     compensate for its loss;

                                (2)  To minimize risk of adverse impacts on
                                     beach processes;

                                (3)  To minimize risk of structures failing and
                                     becoming loose rocks or rubble on public
                                     property; and

                                (4)  To minimize adverse impacts on public
                                     views to, from, and along the shoreline.

















                                                           58








Shorefront Access and Protection Policies



 AGENCY               POLICY                                                        AUTHORITY

 Department  of       It is the State's policy D guarantee the right of public access to   Ch. 115, HRS
 Land and             the sea, shorelines and inland recreational areas, and the right
 Natural              of transit along the shoreline below the private propery line.
 Resources
 (DLNR)               When the provisions of ï¿½46-6.5, HRS are not applicable the
                      various counties can pr-chase land for public rights-of-way to
                      the shorelines, the sea and inland recreational areas. In
                      addition, "public transit corridors" of not less than six feet
                      wide will be established in areas of cliffs or areas where the
                      nature of the topography is such that there is no reasonably
                      safe transit for the pub;ic along the shoreline.

                      DLNR will enter into agreements with the council of any
                      county to provide for ie acquisition of public rights-of-way
                      and public transit corridors, provided that the county can
                      match the funds wlich have been appropriated by the
                      Legislature to DLNR.


                      Although the Board has the authority to dispose of public     Ch. 171, HRS
                      lands, prior to any disposition. the Board will lay out and
                      establish over and across such lands, a reasonable number of
                      rights-of-way from established highways to the public
                      beaches, game management areas, public hunting areas and
                      public forests and forest reserves to insure public access and
                      use of these areas.




Shoreline Erosion and Mitigation Planning

    - The CZMA requires that state management programs include a planning process for
assessing the effects of shoreline erosion and studying and evaluating ways to control or lessen the
impact, and if possible, restore areas adversely affected by erosion [15 CFR 923.25].

        The loss of land along the shoreline due to natural forces or man's actions is a significant
problem requiring attention by the State's coastal planning efforts. The authorities and
management techniques included in Hawaii's CZM Program are intended to minimize the cost and
extent of structural improvements needed to treat shoreline erosion problems. Planning and
management practices consistent with and in furtherance of CZM's objective to reduce coastal
erosion hazards fall primarily under the counties' authorities through the Special Management Area
and shoreline setback provisions of the Hawaii CZM Law. Other authorities included in Hawaii's
CZM Program to address shoreline erosion are summarized in Table VI.7.












                                                    59







                                                TABLE VI.7:

                             Policies Relating to Shoreline Erosion



AGENCY                   POLICY                                                                  AUTHORITY

Office  of  State        It is an objective of the Hawaii CZM Program to reduce hazard           Ch. 205A-Part L HRS
Planning                 to life and property from tsunami, storm waves, stream
(OSP)                    flooding, erosion, and subsidence by:

                         Developing and communicating adequate information on
                         storm wave, tsunami, flood. erosion and subsidence
                         hazard;

                         Controlling development in areas subject to storm wave,
                         tsunami, flood, erosion and subsidence hazard;

                         Ensuring that developments comply with requirements of
                         the Federal Flood Insurance Program; and

                         Preventing coastal flooding from inland projects.


Counties                 Each county has designated Special Management Areas (SMAs)    Ch. 205A-Part II. HRS
                       along their shorelines and have developed special controls and
                       guidelines for reviewing developments proposed in these areas
                       to include:

                         Ensuring that alterations to existing land forms and
                         vegetation, except crops; and construction of structures
                         shall cause minimum adverse effect to water resources and
                         scenic and recreational amenities and minimum danger of
                         floods, landslides, erosion. siltation or failure in the
                         event of earthquakes.


                       In order to protect shoreline resources recognized as vital to         Ch. 205A-Part III. HRS
                       the economy and environment of the State, 40-ft (greater in
                       some areas) setbacks are established along shorelines of each
                       county.

                       Within the designated shoreline setback area, no structures or
                       any portion of a structure, including but not limited to
                       seawalls, groins and revetments, are permitted without prior
                       authorization from the respective county.

                       A shoreline setback variance may be issued provided that the
                       proposed development will cause minimum interference with
                       natural shoreline processes and will provide for safe public
                       shoreline access.


Department  of           No structure, retaining wall, dredging. grading or other use            Ch. 183, HRS
Land  and                which interferes or may interfere with the future natural course
Natural                  of the beach including further accretion or erosion, is
Resources                permitted on accreted land.
(DLNR)






  .O~~~~~~~~~~~~60
                                                         60






ABBREVIATIONS



           APC    - Area of Particular Concern
           CAC   - Citizens' Advisory Committee
           CFR    - Code of Federal Regulations
           CIP    - Capital Improvements Program
           CZM   - Coastal Zone Management
           CZMA  - National Coastal Zone Management Act of 1972
           DLNR  - Department of Land and Natural Resources
           DOA    - Department of Agriculture
           DOH   - Department of Health
           DBED  - Department of Business and Economic Development
           DPED  - Department of Planning and Economic Development
           HCDA  - Hawaii Community Development Authority
           HRS    - Hawaii Revised Statutes
           LUC   - Land Use Commission
           MLCD - Marine Life Conservation District
           NARS  - Natural Area Reserve System
           NOAA  - National Oceanic and Atmospheric Administration
           OCS    - Outer Continental Shelf
           OCRM  - Office of Ocean and Coastal Resource Management
           OEQC  - Office of Environmental Quality Control
           OSP    - Office of State Planning
           SAC    - Statewide Advisory Committee
           SCF    - Statewide Citizens Forum
           SLH    - Session Laws of Hawaii
           SMA   - Special Management Area
           SPA    - Shoreline Protection Alliance












                                          61







GLOSSARY*



Anchialine Pools: Shoreline pools without surface connection to the sea having waters of
       measurable salinity and showing tidal rhythms. Examples may be found on the Kona
       Coast of Hawaii and Cape Kinau on Maui.

Beach: All land up to the upper reaches of the wash of the waves, other than storm and seismic
       waves, at high tide during the season of the year in which the highest wash of the waves
       occurs, usually evidenced by the edge of vegetation growth, or the upper limit of debris left
       by the wash of the waves.

Coastal Dependent Development: Developments which, if not located adjacent to coastal
       resources, would result in a loss of quality in the goods or services provided. Examples
       include harbors, ports, and visitor industry and energy facilities.

Coastal Ecosystems: Groupings of living organisms and their physical environments which
       together, form an interacting system - e.g., coral reefs.

Coastal Hazards: Natural hazards such as storm waves, tsunamis, stream flooding, erosion
       and subsidence.

Coastal Open Space Resources: Vegetated or landscaped land with minimal man-made
       structures, generally used for recreational, agricultural or forestry purposes.

Coastal Recreational Resources: Natural and man-made resources necessary to support
       recreational activities in near-shore waters (e.g., ocean sailing, swimming, canoeing,
       fishing, biological and wildlife observations), rocky marine beaches, mud flats and
       mangrove areas (e.g., sunbathing, camping, hang gliding, biological and wildlife
       observations), coastal wetlands (e.g., biological and wildlife observations), and near-shore
       lands (e.g., hiking, camping, recreational housing).

Coastal Scenic Resources: Viewlands and sites, both man-made and natural, which are
       generally perceived as visually and mentally pleasing.

Coral Communities:  Hard bottom communities (with scattered sand channels and patches)
       dominated by living coral thickets, mounds or platforms, and found at depths of 10 to 30
       meters along protected leeward coasts or in shallow water (up to sea level), in sheltered
       lagoons behind atoll or barrier reefs, and in calm reaches of bays or coves. One the of the
       best examples is Kaneohe Bay on Oahu.

Economic Uses: Public and private facilities and improvements important to the State's
       economy, including but not limited to ports, harbors, and visitor industry, energy, and
       aquaculture facilities.

Ecosystem: All natural elements, physical and biological, of a habitat or site where any flora
       and/or fauna is found and is dependent upon.



 *Adapted and updated from: "State of Hawaii Coastal Zone Management Program and Environmental Impact
  Statement." 1978.


                                             62







Embayments: Coastal waters with an entrance of some sort which restricts the exchange of
       water with the open ocean. As a consequence, the water in embayments has a residence
       time of a few days, during which time the plankton content increases substantially making
       the water turbid and giving it a green color. Examples include Pearl Harbor and Kaneohe
       Bay on the Island of Oahu.

Energy Facilities: Any equipment or facility which is or will be used primarily in the
       exploration for or the development, production, conversion, storage, transfer, processing
       and/or transportation of an energy resource; for the manufacture, production or assembly of
       equipment, machinery, products or devices which are involved in any activity described
       above.

Erosion: The group of processes where earth or rock material is worn away, loosened or.
       dissolved, and removed from any part of the earth's surface.

Estuaries: Distinct, semi-enclosed bodies of water along a coast, open to the sea and subject to
       the rise and fall of the tide, displaying a mixture of sea water diluted by freshwater from
       inland drainage. Examples include Lumahai on Kauai and Waimanu on Hawaii.

Natural and Man-Made Historic and Prehistoric Resources: Prehistoric resources are
       archaeological remains dating prior to the arrival of Captain Cook in 1778 and include large
       or impressive remains (e.g., temples, burial areas, fishponds), artifacts (e.g., adzes,
       fishhooks, tooth pendants associated with specific time periods), and the spatial pattern of
       structures and artifacts (e.g., pattern of villages and other settlements); Historic resources
       are sites/structures which illustrate the cultural changes that have occurred in Hawaii since
       Captain Cook's arrival - e.g., buildings displaying eastern or western architectural styles
       adapted to Hawaii's climate or culture, districts comprised of structures which collectively,
       have significant historic, cultural, architectural or environmental importance, or sites
       associated with historic events.

Objectives: Expressions of actions which satisfy program goals and can be used to measure the
       effectiveness of the management program.

Policies: Action-oriented statements that guide general management procedures to achieving
       program objectives.

Public Access: Right-of-way across privately-owned or otherwise restricted property which
       enables the public to reach, pass through or use a specific public coastal area or resource.

Reef Flats: Shallow platforms of reef rock, rubble and sand extending from the shoreline.
       Smaller, younger flats project out as semi-circular aprons while older, larger flats form
      - wide continuous platforms. Examples include Puako, Hawaii and Kaneohe Bay, Oahu.

Sand Dune: A low hill or bank of drifted sand. High quality examples include Kaena Point on
       Oahu and Waiehu Point on Maui.

Shoreline: The upper reaches of the wash of the waves, other that storm and seismic waves, at
       high tide during the season of the year in which the highest wash of the waves occurs,
       usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the
       wash of the waves.

Storm Waves: Wind driven waves that cause flooding of coastal areas.




                                              63







Subsidence: A downward movement of ground surface caused by a collapse of subsurface.
       Often triggered by earthquakes, subsidence occurs primarily on the Island of Hawaii.

Tsunami: Commonly called "tidal waves", these large waves may be generated by earthquakes,
       subsidence, landslides or volcanic eruptions occurring undersea or in coastal areas. Able to
       travel great distances across the Pacific Ocean, tsunamis can cause damage and destruction
       in low-lying areas along Hawaii's coasts.

Valuable Coastal Ecosystem: Ecosystems along the coast which are unique, particularly
       scenic (e.g., marshes, streams, beaches, reef areas) or which serve some especially useful
       function (e.g., tidal areas where fish breed, marsh areas where silt from runoff may settle
       and prevent destruction of offshore reefs, littoral cells which are the source of sand for
       beaches).

Wetlands: Shallow, sea-level ponds, pools or marshes with perennial, tidal or seasonal water of
       variable salinity and whose surface connection to the ocean is absent or rare. Heeia
       Meadows on the Island of Oahu is one example.




































                                              64







REFERENCES



H. Mogi Planning & Research, Inc. 1975. Hawaii Coastal Zone Management Program Docwnent
      2 - Inventory or Federally Controlled Land in Hawaii.

State of Hawaii, Department of Business and Economic Development. 1988. State of Hawaii
      Databook.

State of Hawaii, Department of Planning and Economic Development & U.S. Department of
      Commerce, National Oceanic and Atmospheric Administration, Office of Coastal Zone
      Management. 1978. Stare of Hawaii Coastal Management Program and Environmental
      Impact Statement.

U.S. House. 1969. "Our Nation and the Sea, a. Plan for National Action." Report of the
      Commission on Marine Science, Engineering and Resources (The Stratton Commission).
      House Document No. 91-42, 91st Congress, 1st Session., Washington, DC: U.S.
      Government Printing Office.

University of Hawaii, Department of Geography. 1983. Atlas of Hawaii - Second Edition.
      Hawaii: University of Hawaii Press.
































                                          65



































                          HAWAI[
                             CZM
                        PROGRAM
Appendix A: HAWAII MANAGEMENT SYSTEM








                             HAWAII MANAGEMENT SYSTEM

                                                Land Use
                                                    and
                                    Environmental Authorities



AGENCY                             FUNCTIONS ASSIGNED TO AGENCY

Office of State Planning            In addition to the responsibilities associated with the CZM lead agency
(OSP)                               functions, OSP directs the State's comprehensive planning process including

                                       Strategic Planning - identifying and analyzing significant issues,
                                       problems and opportunities confronting the State and formulating
                                       strategies and alternative courses of action;

                                       Population Planning - planning for the management of the State's
                                       population size, rate of growth and distribution through research,
                                       coordination and technical assistance to state and county agencies;

                                       Intergovernmental Coordination and Cooperation - facilitating
                                       coordinated and cooperative planning and policy development and
                                       implementation activities among state agencies and between the state,
                                       county and federal governments and

                                       Capital Investment Planning - establishing guidelines and criteria for
                                       capital investment project appropriations and reviewing county
                                       general and development plans to identify statewide interests and
                                       needs.


                                   The Land Use Division is part of the Office of State Planning. The division
                                   develops and represents the State's position in all proceedings for changes to
                                   existing land use districts before the Land Use Commission.


Department of Business and         DBED coordinates tourism planning, houses the State Energy Office and
Economic Development                Ocean Resources Branch and develops technology assessment programs in
(DBED)                             areas such as aquaculture, alternative energy sources, ocean industries and
                                   mineral mining.


                                   The Land Use Commission is a 'quasi-judicial' body administratively
                                   assigned to the Department of Business and Economic DevelopmenLt. The
                                   Commission designates all land in the State into one of four land use
                                   classifications: urban; rural: agricultural or conservation.


                                   The Hawaii Community Development Authority (HCDA), placed within the
                                   DBED, was created to replan, renew or redevelop urban areas to alleviate
                                   conditions which may make them social or economic liabilities.








                                                     A-I









HAWAII MANAGEMENT SYSTEM



 AGENCY                              FUNCTIONS ASSIGNED TO AGENCY

 Department of Land and Natural    DLNR is the State's principal agency for the management of state-owned
 Resources                           lands and the regulation of uses in designated conservation disticts. Under
 (DLNR)                              the direction of the Board of Land and Natural Resources, the department
                                     manages and administers state parks, historic sites, forests, fish and game
                                     reserves, endangered species and all public lands.

                                     In addition to regulating uses in the conservation distict, DLNR administers
                                     the State's designated marine life conservation districts, marine and freshwater
                                     fisheries management areas, wildlife sanctuaries, and natural area reserves.
                                     DLNR also prepares the State Comprehensive Outdoor Recreation Plan
                                     (SCORP).


 Department of Health                DOH has general charge, oversight and care of the health and lives of the
 (DOH)                               people of the Hawaii. The department is responsible for the environmental
                                     quality of the State, controlling and prohibiting air, water, noise, solid waste
                                     and any other form of pollution found in the State.


 Department of Transportation        State transportation facilities including public highways and trails, airports
 (DOXT)                              and harbors are under the jurisdiction of the DOT. All ocean waters and
                                     navigable streams and all harbor and waterfront improvements belonging to
                                     or controlled by the State, and all vessels and shipping within the harbors,
                                     roadsteads, waters, and streams are under the care and control of the
                                     department. In addition, DOT administers the State's recreational boating
                                     program and ocean recreation management plan andis responsible for
                                     determining statewide transportation needs and creating inter and multi-island
                                     transportation, airports and coastal highways in the proximity of the
                                     shoreline.


 Office of Environmental Quality   OEQC coordinates and directs state agencies in matters concerning
 Control                             environmental quality. Its functions include recommending programs for
 (OEQC)                              long-range implementation of environmental quality control, initiating
                                     public educational programs, reporting on environmental conditions and
                                     providing staff support for the Environmental Quality Commission.


 Department of Agriculture           DOA carries out programs to conserve, develop and utilize the agricultural
 (DOA)                               resources of the State. It enforces laws and formulates and enforces rules and
                                     regulations to further and control the management of these resources.

                                     The department regulates activities to protect agricultural industries and
                                     natural resources against insects, diseases and pests; provides inspection and
                                     quarantine services; controls all eradication services directed against weed and
                                     insect pests; and controls the sale and use of pesticides.

                                     DOA has also established an agricultural park program to protect Hawaii's
                                     limited agricultural land resources from urban encroachment and support
                                     aquaculture projects in cooperation with the DLNR.




                                                        A-2







HAWAII MANAGEMENT SYSTEM



 AGENCY                              FUNCTIONS ASSIGNED TO AGENCY

 Counties                            The counties of Hawaii, Maui, Kauai and the City and County of Honolulu
                                    are responsible for planning and zoning in urban districts (and in conservation
                                    districts if they extend into County Special Management Areas (SMAs)-
                                    discussed later), local utransportation, solid waste disposal, subdivision and
                                    grading regulation, recreation, and water supply developmenL

                                    They have additional responsibilities which include: state-rnandated county
                                    regulatory programs dealing with erosion control; urban design; beach access;
                                    and park dedication.

                                    In addition, they are also responsible for delineating the boundaries of their
                                    respective Special Management Areas (SMAs) and for ensuring all
                                    development (with some minor exceptions) axe consistent with the Hawaii
                                    CZM Program as well a administering and enforcing the shoreline setback
                                    law.






































                                                      A-3



































                          HAWAR
                             CZM
                        PROGRAM
iAppendix B: CZM OBJECTIVES & POLICIES








                                        HAWAII
                      COASTAL ZONE MANAGEMENT
                                      PROGRAM

                               Objectives & Policies




Recreational Resources

Objective: Provide coastal recreational opporwtunities accessible to the public.

Policies.    (A)   Improve coordination and funding of coastal recreation planning and management; and

            (B)   Provide adequate, accessible and diverse recreational opportunities in the coastal zone
                   management area by:

                      (i)  Protecting coastal resources uniquely suited for recreational activities that
                           cannot be provided in other areas;

                     (ii)   Requiring replacement of coastal resources having significant recreational
                           value, including but not limited to surfing sites and sandy beaches, when
                           such resources will be unavoidably damaged by development; or requiring
                           reasonable monetary compensation to the State for recreation when
                           replacement is not feasible or desirable;

                     (iii)   Providing and managing adequate public access, consistent with conservation
                           of natural resources, to and along shorelines with recreational value;

                     (iv)   Providing an adequate supply of shoreline parks and other recreational
                           facilities suitable for public recreation;

                      (v)   Encouraging expanded public recreational use of county, state and federally
                           owned or controlled shoreline lands and waters having recreational value;

                     (vi)   Adopting water quality standards and regulating point and non-point sources
                           of pollution to protect and where feasible, restore the recreational value of
                           coastal waters;

                    (vii)   Developing new shoreline recreational opportunities, where appropriate, such
                            as artificial lagoons, artificial beaches, artificial reefs for surfing and fishing;
                           and

                    (viii)   Encouraging reasonable dedication of shoreline areas with recreational value
                            for public use as part of discretionary approvals or permits by the land us
                            commissions, board of land and natural resources, county planning
                            commissions, and crediting such dedication against the requirements of
                            section 46-6.








Objectives & Policies


2.      Historic  Resources

        Objective:  Protect, preserve and where desirable, restore those natural and manmade
                    historic and prehistoric resources in the coastal zone management area that are
                    signficant in Hawaiian and American history and culture.

        Policies:    (A)   Identify and analyze significant archaeological resources;

                    (B)   Maximize information retention through preservation of remains and artifacts or
                          salvage operations; and

                    (C)   Support state goals for protection, restoration, interpretation and display of historic
                          resources.


3.    Scenic and Open Space. Resources

        Objective: Protect, preserve and where desirable, restore or improve the quality of coastal
                    scenic and open space resources.

        Policies:    (A)   Identify valued scenic resources in the coastal zone management area;

                    (B)   Insure that new developments are compatible with their visual environment by
                          designing and locating such developments to minimize the alteration of natural
                          landforms and existing public views to and along the shoreline;

                    (C)   Preserve, maintain and where desirable, improve and restore shoreline open space and
                          scenic resources; and

                    (D)   Encourage those developments which are not coastal dependent to locate in inland
                          areas.


4.    Coastal Ecosystems

        Objective: Protect valuable coastal ecosystems from disruption and minimize adverse
                    impacts on all coastal ecosystems.

        Policies:    (A)   Improve the technical basis for natural resource management;

                    (B)   Preserve valuable coastal ecosystems of significant biological or economic
                          importance;

                    (C)   Minimize disruption or degradation of coastal water ecosystems by effective regulation
                          of stream diversions, channelization, and similar land and water uses, recognizing
                          competing water needs; and

                    (D)   Promote water quantity and quality planning and management practices which reflect
                          the tolerance of fresh water and marine ecosystems and prohibit land and water uses
                          which violate state water quality standards.






                                                   B-2







Objectives & Policies


5.    Economic Uses

        Objective: Provide public or private facilities and improvements important to the State's
                    economy in suitable locations.

        Policies:    (A)   Concentrate in appropriate areas the location of coastal dependent development
                          necessary to the State's economy;

                    (B)   Insure that coastal dependent development such as harbors and ports, visitor industry
                           facilities and energy generating facilities are located, designed and constructed to
                           minimize adverse social, visual and environmental impacts in the coastal zone
                           management area; and

                    (C)   Direct the location and expansion of coastal dependent development to areas presently
                           designated and used for such development and permit reasonable long-term growth at
                           such areas, and permit coastal dependent development outside of presently designated
                           areas when:
                              (i)  Utilization of presently designated locations is not feasible;
                             (ii)  Adverse environmental effects are minimized; and
                            (iii)  Important to the State's economy.

6.      Coastal  Hazards

        Objective: Reduce hazard to life and property from tsunami, storm waves, stream
                    flooding, erosion, and subsidence.

        Policies:    (A)   Develop and communicate adequate information on storm wave, tsunami, flood,
                           erosion and subsidence hazard;,

                     (B)   Control development in areas subject to storm wave, tsunami, flood, erosion and
                           subsidence hazard;

                     (C)   Ensure that developments comply with requirements of the Federal Flood Insurance
                           Programs; and

                     (D)   Prevent coastal flooding from inland projects.

7.   Managing Development

         Objective: Improve the development review process, communication, and public
                     participation in the management of coastal resources and hazards.

         Policies:    (A)   Effectively utilize and implement existing law to the maximum extent possible in
                           managing present and future coastal zone development;

                     (B)   Facilitate timely processing of application for development permits and resolve
                           overlapping or conflicting permit requirements; and

                     (C)   Communicate the potential short and long-term impacts of proposed significant
                           coastal developments early in their life-cycle and in terms understandable to the
                           general public to facilitate public participation in the planning review process.


                                                    B-3


































                                HAWAI[N
                                   CZM
                              PROGRAM
               FEDERAL LICENSES & PERMITS
Appendix C: SUBJECT To FEDERAL CONSISTENCY







                            FEDERAL LICENSES & PERMITS
                                         SUBJECT TO
                      FEDERAL CONSISTENCY CERTIFICATION



Department of Defense - U.S. Army Corps of Engineers:

      * Permits and licenses required under Sections 9, 10 and 11 of the Rivers and Harbors Act of 1899

      * Permits and licenses required under Section 103 of the Marine Protection, Research and Sanctuaries
       Act of 1972
      * Permits and licenses required under Section 404 of the Federal Water Pollution Control Act of
        1972 and amendments

Environmental Protection Agency:

      * Permits and licenses required under Sections 402 and 405 of the Federal Water Pollution Control
       Act of 1972 and amendments

      * Permits and licenses required under the Clean Air Act of 1970 as amended

Department of Transportation - U.S. Coast Guard:

      * Permnits and licenses for construction of bridges under 33 USC 401,491-507 and 523-534

      - Permits and licenses for deepwater ports under the Deepwater Port Actof 1974

Department of Transportation - Federal Aviation Administration:

      * Permits and licenses for construction and operation of airports

Department of Agriculture:

      * Permits and licenses for use and occupancy of lands for hotels, resorts, summer homes, stores and
        facilities for industrial, commercial, educational or public uses on National Forestry Service lands
        under 16 USC 497

Department of Commerce - National Marine Fisheries Service:

      * Permits and licenses required within Marine Sanctuaries under 16 USC 1401-1444

      * Permits nd licenses required under the Marine Mammal Protection Act of 1972

      * Permits, licenses and approvals issued pursuant to the Fishery Conservation and Management Act
        of 1976







                                                 C-1








FEDERAL LICENSES & PERMITS


Department of Interior - Minerals Management Service:

      * Permits and licenses required for drilling and mining on Outer Continental Shelf Lands

      * Permits and approvals of exploration and operating plans pertaining to the extraction of leasable
        minerals

      * Permits, licenses and approvals relating to viable coral communities pursuant to 43 CFR 6224

Department of Energy - Federal Energy Regulatory Commission:

      * Licenses required for non-federal hydroelectric projects and associated transmission lines under
        Section 4(e) of the Federal Power Act (16 USC 797(e))

      * Certificates required for the construction and operation of natural gas pipeline facilities, defined to
        include both interstate pipeline and terminal facilities under Section 7(c) of the Natural Gas Act (15
        USC 717 (c))

      * The permission and approval required for the abandonment of natural gas pipeline facilities under
        Section 7(b) of the Natural Gas Act (15 USC 717f(b))

Department of Energy - Economic Regulatory Administration:

      * Opinion and order for permission for delivery of imported liquified natural gas

Nuclear Regulatory Commission:

      * Permits and licenses for construction and operation of nuclear facilities



Federal actions outside the coastal zone but requiring a federal consistency
        determination:

      - Federal actions in forest reserves which disturb land and water resources

      - Federal actions in the archipelagic waters of the Hawaiian Islands which involve the placement of
        any material in or on such areas, or which involve the taking or removal of any material from such
        aeas





        In an effort to minimize the administrative burdens on governmental entities as well as the applicant, this
listing is intentionally limited to thosefederally-permitted and licensed activities that could affect the State's coastal
zone. However. {f issuance of other federal permits or licenses are found to affect Hawaii's coastal zone, those
permits and licenses will be added to the above list and the consistency requirements will be applied.




                                                    C-2


































                                       HAWAII
                                          CZM
                                      PROGRAM
                       FEDERAL ASSISTANCE PROGRAMS
is Appendix D: SUBJECT To FEDERAL CONSISTENCY









                FEDERAL FINANCIAL ASSISTANCE PROGRAMS
                                        SUBJECT TO
                    FEDERAL CONSISTENCY CERTIFICATION



1. Grants for Planning & Management

   COMMERCE
   11302 Economic Development - Support for Planning Organizations

   DEFENSE
    12.600 Community Economic Adjustment

   INTERIOR
    15.904 Historic Preservation Fund Grants-in-Aid
    15.916 Outdoor Recreation - Acquisition, Development and Planning

   TRANSPORTATION
   20.205 Highway Planning and Construction
    20.505 Urban Mass Transportation Technical Studies Grant

   ENVIRONMENTAL PROTECTION AGENCY
    66.001   Air Pollution Control Program Support
   66.419 Water Pollution Control State and Interstate Program Support
    66.504 Solid Waste Disposal Research
     =*      Areawide Treatment Planning and Water Quality Implementation Plans (Sec. 208)

    HOUSING AND URBAN DEVELOPMENT
    83505   State Disaster Preparedness Grants


2. Grants for State, Local and Private Development

    AGRICULTURE
    10.406    Rural Development Act of 1972 - Farm Operating Loans
    10.414    Resource Conservation and Development Loans
    10.418    Water and Waste Disposal Systems for Rural Communities
    10.419 & 10.904
             Watershed Protection and Flood Prevention (Exception: small projects costing less than $7,500 for
             erosion and sediment control and land stabilization and for rehabilitation and consolidation of existing
             irrigation systems.
    10.908    Rural Development Act of 1972 - Resources Inventory



                                               D-1








FEDERAL FINANCIAL ASSISTANCE PROGRAMS


   COMMERCE
    11.300    Economic Development - Grants for Public Works and Development Facilities
    11.304    Economic Development - Public Works Impact Projects
    11.407    NOAA Commercial Fisheries Research and Development
    11.420    National Estuarine Reserve Research System

   DEFENSE
    12.101    Beach Erosion Control
    12.102    Emergency Rehabilitation of Flood Control Works &  Federally Authorized CoastalProtection
             Works
    12.105    Protection of Essential Highways, Highway Bridge Approaches and Public Works
    12.106    Flood Control Projects
    12.107    Navigation Projects
    12.108    Shagging and Clearing for Flood Control
    12.109    Protection, Clearing and Straightening Channels

   HOUSING AND URBAN DEVELOPMENT
    14.852    Public and Indian Housing - Comprehensive Improvement Assistance Program

    INTERIOR
    15.501    Distribution System Loans
    15.503    Small Reclamation Projects
    15.600    Anadromous Fish Conservation
    15.602    Conservation Law Enforcement Training Assistance
    15.603    Farm Fish Pond Management
    15.604    Fishery Research - Information
    15.605    Fish Restoration
    15.608    Fishery Resources Technical Assistance
    15.610    Wildlife Research Information
    15.611    Wildlife Restoration
    15.904    Historic Preservation Fund Grants-in-Aid
    15.916    Outdoor Recreation - Acquisition, Development and Planning








                                                  D-2







FEDERAL FINANCIAL ASSISTANCE PROGRAMS


   TRANSPORTATION
   20.205 Highway Research, Planning and Construction
   20.214    Highway Beautification - Control of Outdoor Advertising and Control of Junkyards
   20.500    Urban Mass Transportation Capital Improvement Grants
   20.801    Development and Promotion of Ports and Intermodal Transportation
   20.808    Capital Construction Fund

   TREASURY
   21.300    State and Local Government Fiscal Assistance - Revenue Sharing

   ENVIRONMENTAL PROTECTION AGENCY
   66.001    Air Pollution Control Program Support
   66.418 Construction Grants for Wastewater Treatmunent Works
   66.419    Water Pollution Control State and Interstate Program Support
   66.504    Solid Waste Disposal Research
   66.505    Wastewater Pollution Control - Research, Development and Demonstration
   66.600    Environmental Protection Consolidated Grants - Program Support
      **      Programs Under the Federal Water Pollution Control Act Amendments of 1972 including:
              66.418    Construction Grants for Wastewater Treatment Works;
              66.419    Water Pollution Control State and Interstate Program Support;
              66.423    Water Quality control Information System - Orientation/Training Seminars, Data and
                        Monitoring Publications;
              66.438    Construction Management Assistance;
              66.454    Water Quality Management Planning;
              66.456    Comprehensive Estuarine Management;
              66.500    Environmental Protection - Consolidated Research;
              66.505    Wastewater Pollution Control - Research, Development and Demonstration;
              66.600    Environmental Protection Consolidated Grants - Program Support; and
              66.603    Loan Guarantees for Construction of Treatment Works.

    EMERGENCY MANAGEMENT ADMINISTRATION
    83.516    Disaster Assistance














                                                  D-3








FEDERAL FINANCIAL ASSISTANCE PROGRAMS


3. Operational, Service and Research Grants

    AGRICULTURE
    10.902 & 10.905
             Soil and Water Conservation - Plant Materials for Conservation
    10.903    Soil Survey
    10.906    Soil and Water Conservation - River Basin Surveys and Investigations
    10.907    Soil and Water Conservation - Snow Survey and Water Supply Forecasing

   COMMERCE
    11.303    Economic Development - Technical Assistance
    11.417    Sea Grant Support
    11.400B Geodetic Surveys and Services

   DEFENSE
    12.100    Corps Aquatic Plant Control
    12.104    Flood Plain Management Services

   INTERIOR
    15.805    Assistance to State Water Resources Research Institutes
    15.808    Geological Survey - Research and Data Acquisition

   NATIONAL SCIENCE FOUNDATION
   47.041    Engineering Grants























                                                D4














0

















                                           IHTAWATRR

                                         PROGRAM
               Appendix IR: FEDERALLY-EXCLUDED LANDS











A                                                                                                                NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                              ACCESS
C                                                                                                                                               EASE-           TOTAL
Y FACILITY NAME                       LOCATION              EXISTING LAND USE                    FEE             LEASE    CEDED    MENT                         AREA

U.S. ARMY
    Schoficld Barracks                Wahiawa, Oahu         Training & tlousing                     882.430          71.800     12,747.580        387.300      14.089.110
    Fort Shafter                      Kalihi, Oahu          Support Facilities & Industrial          36.370                        551.200          3.160         590.730
    Fort Ruger                        Honolulu, Oahu        Support Facilities                                                       7.910          0.050           7.960
    Alimanu Military Reserve          Alimanu, Oahu         Storage                                 524.180                                         13.970        538.150
    Kipapa Ammunition Storage         Kipapa, Oahu          Ammunition Storage                      370.220                                        31.320         401.540
    Sites
    Waiakakalaua Ammunition           Waikakalaua, Oahu          "                                  175.770                        136.610          0.050         312.430
    Helemano Radio Receiving          Helemano, Oahu             "           "                      281.410           0.780                                       282. 190
    Station
    Makua Military Reservation        South of Kaena Pt.    Training                                 170.000      1,515.120      3;236.000                      4,921.120
    Fort Kamehameha Military          Entrance to Pearl     Housing, Golf Course, Airport           506.310           2.030                                       508.340
    Reservation                       Harbor                Facility
    Kahuku Training Area              Kahuku, Oahu          Training                                  25.240      9,422.430                         17.960       9,465.630
    Kawailoa Training Area            Kawailoa, Oahu                               "                             23,347.550                                    23,347.550
    Mauna Kapu Communication          Mauna Kapu, Oahu    Communications Facility                                                                   16.260          16.260
    Station Site
    Dillingham Military Reservation    NE of Kaena Point    Recreation Beach                        549.870                         77.700         36.330         663.900
    Kawaihae Military Reservation     Kawaihae Bay,         Underwater LST Landing Ramp                                              3.530          7.280           10.810
                                      Hawaii
    U.S. Army Tripler General         Moanalua, Oahu        Hospital Housing                        358.290                                          8.920        367.210
    I lospital
    Waianae Kai Military              Pokai Bay,            Recreation Center                                         1.120         12.370           0.970          14.460
    Reservation                       Waianae, Oahu
    Kiliica Military Reservnation     Ilawaii               Recreation                                 0.500         67.180                          4.000         71.680
    Pohakuloa Training Area           Hawaii                Training                                             24,024.440     84,815.260           6.000     108,845.700
    U.S. Army Reservation Center      Hilo, Hawaii          Training                                   3.700                                         0.030           3.730











A                                                                                                                     NATURE OF LEGAL RIGHT (acrcs)
G
E
N                                                                                                                                                   ACCESS
C                                                                                                                                                     EASE-           TOTAL
Y FACILITY NAME                        LOCATION                EXISTING LAND USE                    FEE              LEASE    CEDED    MENT                           AREA

ARMY - cont.
    Fort DcRussy Military              Waikiki, Oahu          Recrcation                                 69.740                           1.470           1.580          72.790
    Reservation
    U.S. Army Reservation Center       Wailuku, Maui          Training                                    4.590                                           0.180           4.770
    Kapalama Military Reservation      Honolulu Habor,        Port Facilities                            65.770                          17.811           2.340          85.921
                                       Oahu
    Signal Cable Trunking Systcm       S$atcwidc              Telephone Thinking Systcm                                 121.000           0.270          79.610         200.880
    Army Airfield, Wheeler Air         Wheeler, Oahu          Airfield                                                                                 690.840          690.840
    Force Base
    U.S. Field Station                 Kunia, Oahu            Field Station'                                                             33.920         61.810           95.730
    Mokuleia Army Beach                Mokulcia, Oahu         Recreation                                                                 14.000                          14.000
    Pupukea - Pualaa-Uka Military      l'upukca, Oahu         Road
     Road                                                                                                                                               158.750          158.75(
    NAS Barbers Point                  Barbers Point,          - --                                                                                      11.000          11.000
                                       Oahu
    NAVSTA Pearl Harbor                Pearl Harbor,            -                                                                                         6.580            6.580
                                       Oahu
    Haleiwa Air Strip                  Halciwa, Oahu          Air Strip                                                                                 29.580           29.580
    Keaukaha Military Reservation      Keaukaha, Hawaii       Military Reservation                                                                        9.000           9.000
    Molokai Training Lands             Molokai                Training                                                                                6,307.000       6,307.000
    (USMC)
    Tank Trail                         Hawaii                 Tank Trail                                                 34.000                                          34.00(










 A                                                                                                                       NATURE OF LEGAL RIGHT (acres)
 G
 E                                                                                                                                                                    I
 N                                                                                                                                                      ACCESS
C                                                                                                                                                        EASE-            TOTAL
 Y FACILITY NAME                         LOCATION                EXISTING LAND USE                      FEE              LEASE    CEDED    MENT                            AREA

U.S. ARMY & AIR FORCE
EXCHANGE SERVICE
     Offices                             Kewalo Basin,           Office                                                       2.500                                             2.500
                                         Oahu

U.S. ARMY
CORPS OF ENGINEERS
     Honokohau Harbor Project            Kona, Hawaii            Maintenance & Access                                                                          1.020            1.020
     Kawaihac Harbor Facility            Kawaihae, Hawaii               ""20.660                                                                               0.500          21.160
     Kahului Harbor Breakwater           Kahului, Maui                  "                                     1.320                                            4.840            6.160
     Project
     Haleiwa Small Boat Harbor           Haleiwa, Oahu                  ""0.900                                                                                                 0.900
     Hilo Harbor Breakwater Project      Hilo, Hawaii                   ""7.700                                                                                                 7.700
     Kalaupapa Harbor Project            Kalaupapa,                     "            "                                                                         0.060            0.060
                                         Molokai
    Mancle Harbor B3rcakwalecr          Manele, Lanai                  ""0.710                                                                                                 0.710
    Project
    Port Allen Storage and              Port Allen, Kauai                           .        .               0.420                                            2.700            3.120
    Brcakwatcr Pnrojcct

U.S. COAST GUARD
    Barbers Point Air Station           Ewa Beach, Oahu         Air Slation                                                 47.970                                            47.970
    Barbers Point Light Station         Ewa Beach, Oahu         Light Installation                           5.000                                                             5.000
    Base Honolulu                       Sand Island, Oahu       Industrial Base                             48.600                                                            48.600
    Cape Kumukahi Light Station         East Coast              Light Installation                          58.100                                                            58.100
    Omega Station                       Kaneohe, Oahu           Navigation Station                         167.220         502.150          28.800                           698.170











A                                                                                                                    NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                   ACCESS
C                                                                                                                                                    EASE-            TOTAL.
Y FACILITY NAME                        LOCATION               EXISTING LAND USE                     FEE             LEASE    CEDED    MENT                            AREA


COAST GUARD - cont.
    Diamond Head Light                 South Coast, Oahu      Light House Facility                        2.200                                                            2.200
    Honamanioa Light                   Southeast Coast,       Light Installation                          2.000                                                            2.000
                                       Oahu
    Hanapepe Bay Breakwater            South Kauai                                                                        0.177                                           0.177
    Light
    Hannapcpc Light                    Soutlh Kauni                                                      10.800                                                          10.800
    Hawca Light                        West Coast, Maui                                                  10.000                                                          10.000
    Hilo Housing                       Pahoe, Hawaii                                                      1.000                                                           1.000
    Ililo Moorings                     Ililo inh y. Illwnaii  Deking Facililics                                          o.01 I                                           01)11
    iHonokohau Small Boat Harbor       Kona Coast, Hawaii    Light Installation                                          0.580                                            0.580
    Honolulu Harbor Entrance Light    Honolulu Harbor,                                                                   0.004
                                       Oahu
    Ka Lac Light                       South Point, Hawaii                                                                               4.900                            4.900
    Kamalo Point                       Southeast Coast,                                                                   1.000                                           1.000
                                       Molokai
    Kaena Point Light                  Southwest Coast,                                                   1.000                                                           1.000
                                       Oahu
    Kahala Point Light                 East Coast, Kauai  4.500                                                                                                           4.500
    Kahoolawe Southwest Point          Southwest Coast,                                                 23.300                                                           23.300
    Light                              Kahoolawe
    Kahului Entrance Light             Kahului, Maui
    Kahului IlHarbor Entrance          Kahului, Maui                                                     0.200                                                            0.200
    Range Front Light










A                                                                                                                    NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                  ACCESS
C                                                                                                                                                    EASE-           TOTAL
Y FACILITY NAME                        LOCATION               EXISTING LAND USE                    rFE.E             LEASE    CEDED    MENT                          AREA

COAST GUARD - cont.
    Kahului Harbor Entrahce            Kahului, Maui          Light Installation                          0.200                                                           0.200
    Range Rear Light
    Kahului Mooring                    Kahului, Maui          Docking Facilities
    Kailua Light                       Kona, Hawaii           Light Installation                          2.100                                                           2.100
    Kalihi Channel Range Front         Kalihi, Oahu                 "
    Light
    Kaneohe Passage Range              Kaneohe Bay,                 "      "                                              0.049                                           0.049
    Front Light                        Onhu
    Kauai Housing                      Lihue, Kauai           Housing                                     1.100                                                           1.100
    Kauai Loran Station                Koloa, Kauai           Loran Station                               8.300                                                           8.300
    Kauhola Point Light                North Coast, Hawaii   Light Installation                           3.400                                                           3.400
    Kauiki Head Light                  East Coast, Maui             "      "1.000                                                                                         1.000
    Kaunalapau Breakwater Light        Lanai                        "      "2.300                                                                                         2.300
    Kaumalapau Light                   Lanai                        "      "2.300                                                                                         2.300
    Kaunakakai Harbor Entrance         South Coast,                 "      "                              3.600                                                           3.600
    Range Front Light                  Molokai
    Kaunakakai Harbor Entrance         South Coast,                 "      "                              0.200                                                           0.200
    Range Rear Light                   Molokai
    Kawaihae Light                     West Coast,                  "         "                           2.500                                                           2.500
                                       Hawaii
    Keahole Point Light                West Coast, Hawaii           "                                     4.200                                                           4.200
    Keauhou Bay Entrance Light         Kona Coast, Hawaii           "
    Kewalo Basin Entrance Range        South Coast, Oahu            "
    Light










A                                                                                                                    NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                  ACCESS
C                                                                                                                                                    EASE-           TOTAL
Y FACILITY NAME                        LOCATION               EXISTING LAND USE                     FEE             LEASE    CEDED    MENT                           AREA

COAST GUARD - cont.
    Kilauca Point Light                North Coast, Kauai    Light Installation                         31.000                                                           31.000
    Kokole Light                       West Coast, Kauai                                                  5.600                                                           5.600
    Kuhio Bay Range Front Light        Hilo Bay, Hawaii                          . "                     0.014                                                            0.014
    Kuhio Bay Range Rear Light         Hilo Bay, Hawaii                         . "                      0.100                                                            0.100
    Kulii Point Light                  Nawiliwili, Kauai                         . "                     0.040                                                            0.040
    Kukuihacle Light                   NE Coast, Hawaii             "      "                             0.400                                                            0.400
    Laau Point Light                   West Coast,                  "                                   51.000                                                           51.000
                                       Molokai
    Lahaina Light                      Lahaina, Maui                                                     0.100                                                            0.100
    Laupahochoc Point Light            North Coast,                                                       1.400                                                           1.400
                                       Hawaii
    Maalaea Moorings                   Southwest Coast,       Wharf Office Building                                      0.166                                            0.166
                                       Maui
    Mahukona Light                     North Coast,           Light Installation                         3.000                                                            3.000
                                       Hawaii
    Makapuu Light Station              East Coast, Oahu             "."                                 24.700                           9.800                           34.500
     Maui Housing                       Kahului, Maui          Housing                                    1.030                                                            1.030
    McGregor Point Light               South Coast, Maui      Light Installation                          1.300                                                           1.300
    Milolii Point                      South Coast, Hawaii                                . "                            1.190                                            1.190

     Molokai Light Station              North Coast,                                                                                     22.)00                          22.900
     (Kalaupapa)                        Molokai
     Nakalcle Point Light               Northwest Coast,             "      "                             4.000                                                           4.000
                                       Maui
     Nawiliwili Jetty Light             Nawiliwili, Kauai            "










A                                                                                                                        NATURE OF LEGAL RIGHT (acres)

E
N                                                                                                                                                       ACCESS
C                                                                                                                                                        EASE-            TOTAL
Y FACILITY NAME                         LOCATION                 EXISTING LAND USE                     FEE              LEASE    CEDED    MENT                            AREA

COAST GUARD - cont.
    Napoopoo Light                      Cooke Landing,          Light Installation                           2.900                                                             2.900
                                        Hawaii
    Nawiliwili Light Attendant          Nawiliwili, Kauai       .            "                               3.200                                                             3.200
    Station
    Nawiliwili Moorings                 Nawiliwili, Kauai       Dock Facility                                                 0.397                                            0.397
    Pauwela Point Light Station         North Coast, Maui       Light Installation                           8.100                                                             8.100
    Pearl Harbor Loch Entrance          Pearl Harbor, Oahu                                   . "                              1.870                                            1.870
    Range Front Light
    Pepeekeo Point Light                Northeast Coast,              "      "                               1.300                                                             1.300
                                        Hawaii
    Pier 4                              Oahu                    Docking Facility                                                              0.700                            0.700
    Pohaukuloa Point Light              Lanai                   Light Installation                                            0.600                                            0.600
    Pokai Bay Breakwatcr Light          Southwest Coast,
                                        Oahu
    Pyramid Rock Light                  Kaneohe Bay, Oahu   .                "                                               0.057                                             0.057
    Red Hill Housing                    Aica, Oahu              Housing & Playground                        81.400            3.440                                           84.840
                                                                                                                      From Navy
    Sand Island Light                   Sand Island Oahu        Light Installation
    Upolu Loran Station                 Northwest Coast,        Loran Station                               68.900                                                            68.900
                                        Hawaii
    Waiakca Light                       Hilo Bay, Hawaii        Light Installation                                                            0.100                            0.100

    Wailupe Quarters                    Wailupe Pennin-         lousing                                      3.200                                                             3.200
                                        sula, Oahu
    Communication Station               Wahiawa, Oahu           Communication Station                                        Permit                                         unknown
                                                                                                                       from Navy










A                                                                                                                   NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                 ACCESS
C                                                                                                                                                  EASE-           TOTAL
Y FACILITY NAME                        LOCATION              EXISTING LAND USE                     FEE             LEASE    CEDED    MENT                          AREA

COAST GUARD - cont.
    Lehua Rock Light                   Lchua Rock, Kauai    Light Installation                                                        277.000                         277.000
    French Frigate Shoals             Tern Island            Loran Station                                              From                                         unknown
    Loran Station                                                                                                      D.O.I.
    Kurc Loran Station                Kure Island                                                                                                                   . "  unknown
    Molokini Island Light             Molokini Island,       Light Installation                                                        18.500                          18.500
                                       Maui
    Makahuena Light                    South Coast, Kauai                       . "                     5.000                                                           5.000
    Palaoa Light                       Lanai                                                            5.400                                                           5.400
    Paukaa Light           Hlilo, Hawaii                                     . "                        0.020                                                           0.020
    Voice of America Road             Maili, Oahu            Potential Radio Station                   89.300                                                          89.300
    Ct:.onut Point Light              South llilo, Ilawaii    Light Instlliation
    Mount Kaala Communications        Kaala AFB Station,    Communication Facility                                    < 0.001                                          < 0.001
    Facility                          Oahu                                                                          From AF
    Pearl Harbor Navigational Aids    Pearl Harbor, Oahu    Aids to Navigation
    NAD, Oahu, Building 40            Waipio Point,          Storage of Hay                                            Permit                                        unknown
                                       Oahu
    Manana Storage Area               Pearl City, Oahu       Appliance & Furniture Storage                             Permit                                        unknown
    Building 4                                                                                                     from Navy
    Waialua Bay Front Range Light    Kawailoa, Waialua,    Aids to Navigation                                           0.009                                           0.009
                                       Oahu
    Waialua Bay Rear Range Light      Haleiwa, Oahu                '      "                                                                                          unknown
    Mauna Kapu Communications         Oahu                   Communications Site                                        0.004                                           0.004
    Site                                                                                                          from Army










 A                                                                                                                   NATURE OF LEGAL RIGHT (acres)
 G
 E
 N                                                                                                                                                ACCESS
 C                                                                                                                                                  EASE-          TOTAL
 Y FACILITY NAME                       LOCATION               EXISTING LAND USE                     FEE             LEASE    CEDED    MENT                         AREA

COAST GUARD - cont.
    Kokee Communications Site         Kokee, Kauai           Communications Site                                       Permit
                                                                                                                    from AF
    Nohili Point Navigational Aid     Kekaha, Kauai          Aids to Navigation                                         0.014                                          0.014
    Kaakaukukui Flagpole Antenna      Kaakaukukui, Oahu                                                                 0.031                                          0.031
    Site
    Pearl Harbor Light                Hickam AFB                                                                       Permit
                                                                                                                    from AF
    tionokohau Harbor Light           Kona, Hawaii                                   .                                 Permit
    Mount Haleakala                   Hana, Maui             Microwave Link Installation                                0.007                                          0.007
                                                                                                                  from FAA
    Lahaina Range Front               Lahaina, Maui          Light Installation                                         0.002                                          0.002

FEDERAL AVIATION
ADMIN
    Air Route Traffic Control         Diamond Head,          Air Navigational                            5.200                                                          5.200
    Center (ARTCC)                    Oahu
    Remote Microwave Link             Diamond Head,            "                                         3.400                                                          3.400
    Terminal (RMLT)                   Oahu
    Intl Flight Service Transmitter   Ewa, Oahu                             .                         230.900                                                        230.900
    Station (IFST)
    Rcmote Communications             Waimanalo, Oahu                                                                   8.600                                           8.600
    Outlet (RCO)
    Very High Frequency Omni-         Koko Head, Oahu          "                                                        4.100                                          4.100
    Directional Range w/Tactical
    Air Navigation (VORTAC)
    Air Traffic Control Tower         Honolulu Interna-        "                                                        5.200                                          5.200
    (ATCT)                            tional Airport (HIA)










A                                                                                                                      NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                     ACCESS
C                                                                                                                                                      EASE-            TOTAL
Y FACILITY NAME                        LOCATION                EXISTING LAND USE                      FEE             LEASE    CEDED    MENT                            AREA

FAA - cont.
    VORTAC                             HIA                     Air Navigational                                            0.500                                             0.500
    Medium-Intensity Approach          HIA                                         . "                                    13.400                                            13.400
    Lighting System w/Runway
    Alignment Indicator Lights
    (MALSR)
    MALSR                              HIA                       "                 !                                      16.400                                           16.400
    Airport Surveillance Radar         HIA                                         .                                       0.600                                            0.600
    (ASR)
    Visual Approach Slope              HIA                       ".                                                        0.100                                            0.100
    Indicator (VASI)
     VASI                               HIA                                         . "                                     0.500                                            0.500
    VASI                               HIA                                         . "                                     0.200                                            0.200
     VASI                               HIA                                         .                                       0.300                                            0.300
    VASI                               HIA                                         . "                                     0.400                                            0.400
     VASI                               HIA                                         . "                                     0.100                                            0.100
     Instrument Landing System          HIA                       .        "                                               13.600                                            13.600
     (ILS)
     Localizer-Type Directional         HIA                                                                                 5.000                                            5.000
     Aid (LDA)
     Iow Level Wind Shcar Alert        HliA                                                                                 0.100                                            0.100
     System (LLWAS)
     LLWAS                              HIA                                         . "                                     0.700                                            0.700
     ILS                                HIA                                         . "                                     6.500                                            6.500
     Runway-End Indentification         HIA                                                                                 0.400                                            0.400
     Lights (REIL)











A                                                                                                             NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                         ACCESS
C                                                                                                                                           EASE-          TOTAL
Y FACILITY NAME                      LOCATION             EXISTING LAND USE                   FEE             LEASE    CEDED                MIENT          AREA


FAA - cont.
    REIL                             HIA                  Air Navigational                                         0.400                                        0.400
    Air Route Surveillance Radar     Mt. Kaala. Oahu                                                              53.600                                       53.600
    (ARSR)
    ARSR                             Mt. Kaala, Oahu       ."4.500                                                                                              4.500
    ARSR                             Mt. Kaala, Oahu                                                               0.200                                        0.200
    ARTCC                            Diamond Head,                                                                 0.100                                        0.1(0
                                     Oahu
    RCO                              Waimanalo. Oahu                                                               0.900                                        0.9(0
    Remote Transmitter/Receiver      Mauna Kapu, Oahu                                                              0.100                                        0.100
    (RTR)
    RTR                              Mauna Kapu, Oahu                                                              0.100                                        0.100
    RTR                              Mauna Kapu, Oahut      "        ,                                             0.100                                        0.100
    RTR                              Mauna Kapu, Oahu                                                              2.500                                        2.500
    MALSR                            FortKamnOahu                                                                 1.400                                        1.400
    RTR                              Hickarn Air Force              "0.300                                                                                      0.300
                                     Blase, Oahu
    ASR                              HIA                                                                           0.400                                        0.400
    ASR                              Hickamn Air Force                                                             0.100                                        0.100
                                     Base. Oahu
    Middle Marker (MM)/Approach    H-IA                                                                            7.700                                        7.700
    Lighting System (ALS)/Glide
    Slope (GS)/VASIILLWAS
    ALS                               -IlA                                                                         0.100                                        0.100










A                                                                                                                       NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                      ACCESS
C                                                                                                                                                       EASE-            TOTAL
Y FACILITY NAME                         LOCATION               EXISTING LAND USE                      FEE              LEASE    CEDED    MENT                            AREA

FAA . cont.
    Compass Locator at Outer            Barbers Point, Oahu   Air Navigational                                              0.200                                            0.200
    Marker (LOM)
    ARSR                                Mt. Kaala, Oahu                                                                    64.100                                           64.100
    ARSR                                Mt. Kaala, Oahu          "        "                                                 6.500                                            6.500
    ARSR                                Mt. Kaala, Oahu          "        "                                                 2.900                                            2.900
    Utility Building (UB)               Hickam Air Force         "        "                                                 2.800                                            2.800
                                        Base, Oahu
    Civil Aviation Security Field       HIA                                                                                 0.100                                            0.100
    Office (CASFO)
    VORTAC                              Hilo, Hawaii                            . "                        4.700                                                             4.700
     VORTAC                              Kohala, Hawaii                           .                         4.900                                                             4.900
     RTR                                 Hilo, Hawaii                                    . "                                 0.700                                            0.700
     ASR                                 Hilo, Hawaii            ".                                                          1.900                                            1.900
     ASR                                 Hilo, Hawaii                                                                        1.500                                            1.500
     ATCT                                Hilo, Hawaii                                    .                                   2.000                                            2.000
     VASI                                llilo, llawaii           "                                                          0.500                                            0.500
     VASI                                Hilo, Hawaii                                    . "                                 0.500                                            0,500
     VASI                                Hilo, Hawaii                                    . "                                 0.300                                            0.300
     ILS Localizer (LOC)                 Hilo, Hawaii                                    . .                                 7.100                                            7.100
     MALSR                               Hilo, Hawaii           .          "                                               23.100                                            23.100
     Omnidirectional Airport             Hilo, Hawaii                                                                        1.200                                            1.200
     Lighting System (ODALS)










A                                                                                                                  NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                ACCESS
C                                                                                                                                                 EASE-           TOTAL
Y FACILITY NAME                       LOCATION               EXISTING LAND USE                     FEE             LEASE    CEDED    MENT                         AREA

FAA - cont.
    Remote Center Air/Ground          Hamakua, Hawaii        Air Navigational                                           0.400                                          0.400
    Communications Facility
    (RCAG)
    ATCT                              Kona, Hawaii             "                                                        0.100                                          0.100
    RTR                               Kona, Hawaii                                                                      0.600                                          0.600
    VASI                              Kona, Hawaii             "       "                                                0.100                                          0.100
    VORTAC                            Kona, Hawaii             ". "                                                   109.400                                        109.400
    LOC                               Kona, Hawaii                                                                      0.000                                         10.000
    Very High Frequency Omni-         Kamuela, Hawaii          "        "                                               0.100                                          0.100
    directional Range (VOR)
    VOR                               Kamuela, Hawaii          "        "                                               0.400                                          0.400
    VORTAC                            Kohala, Hawaii                           .                        7.300                                                          7.300
    VASI                              Kamuela, Hawaii          "        "                                               0.500                                          0.500
    REIL                              Kamucla, Hawaii          "        "                                               0.100                                          0.100
    Air Traffic Control Beacon        Pahoa, Hawaii                                  .                                181.100                                        181.100
    Interrogator (ATCBI)
    Very High Fequency                Kilauaea, Hawaii         "        "                                               0.200                                          0.200
    Modulated Antenna (VHF-FM)
    MM                                Hilo, Hawaii                                                                      0.400                                          0.400
    MALSR                              Kona, Hawaii            "        "                                               6.000                                           6.000
    RCO                               KMC, Hawaii              "                                                        0.900                                          0.900
    RTR                               Kauai, Hawaii                                   ..                        ..      1.600                                           1.600
    VASI                              Kauai, Ilawaii                                  . "                               0.600                                          0.600










A                                                                                                                       NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                      ACCESS
C                                                                                                                                                       EASE-            TOTAL
Y FACILITY NAME                         LOCATION                EXISTING LAND U)SE                    FEE              LEASE           CEDED            MENT             AREA

FAA - cont.
    VORTAC                              Kauai, Hawaii          Air Navigational                                             0.200                                            0.200
    Combined Station/Tower              Kauai, Hawaii                                    . "                                0.200                                            0.200
    (CST)
    ILS                                 Kauai, Hawaii                                    . "                                2.500                                            2.500
    MALSR                               Kauai, Hawaii                                   . "                                24.500                                           24.500
    VORTAC                              Kauai, Hawaii                                   . "                               103.900                                          103.900
    VORTAC                              Kauai, Hawaii            "                                                          6.800                                            6.800
    RCAG                                Kauai, Hawaii            "        "                                                 0.100                                            0.100
     RCAG                               Maui, Hawaii              "        "                                 4.200                                                            4.200
     RTR                                Maui, Hawaii              "."                                        1.600                                                            1.600
     VOR                                Maui, Hawaii                                      . "                                0.100                                            0.100
     RTR                                Maui, Hawaii              "      ..                                                  0.500                                            0.500
     RTR                                Maui, Hawaii                                     . '                                 0.300                                            0.300
    MM                                  Maui, Hawaii                                     .                                  0.200                                            0.200
     ILS                                 Maui, Hawaii           .          "                                                43.100                                           43.100
     ATCT                               Mauli, Hawaii                                    . "                                 2.500                                            2.500
     CST                                Maui, Hawaii              "        "                                                 0.100                                            0.100
     VASI                               Maui, Hawaii                                     . .                                 0.200                                            0.200
     VASI                               Maui, Hawaii                                     . "                                 0.200                                            0.200
     Homer (H)                          Maui, Hawaii                                     . "                                 1.500                                            1.500
     ASR                                Maui, Hawaii             "                                                        127.200                                           127.200
     ATCBI                              Maui, Hawaii                                     . "                                 6.200                                            6.200










 A                                                                                                                            NATURE OF LEGAL RIGHT (acres)
 G
 E
 N                                                                                                                                                            ACCESS
 C                                                                                                                                                             EASE-             TOTAL
 Y FACILITY NAME                          LOCATION                 EXISTING LAND USE                       FEE               LEASE    CEDED    MENT                              AREA

FAA -cont.
     ATCT                                 Maui, Hawaii             Air Navigational                                               0.100                                               0.100
     RTR                                  Maui, Hawaii                                       . "                                  4.700                                               4.700
     ATCT                                 Molokai, Hawaii            "                                                            0.500                                               0.500
     Headquarters Field Office            Molokai, Hawaii            "        "                                                   0.200                                               0.200
     (HDQF)
     VORTAC                               Molokai, Hawaii            "        "                                  0.300                                                                0.300
     Living Quarters (LIVQ)               Molokai, Hawaii            "        "                                                   0.200                                               0.200
     DF                                   Molokai, lHawaii           "        "                                  0.300                                                                0.300
     VORTAC                               Lanai, Hawaii              "                                                            3.500                                               3.500
     VASI                                 Lanai, Hawaii                                                                           0.500                                               0.500
     NOB                                  Lanai, Hawaii                       "                                                   5.700                                               5.700

U.S. FISH &
WILDLIFE SERVICE
     nlawaiinn Islands Nalinnal           800 mile chain           National Wildlife Refuge
     Wildlife Refuge (NWR)                west of lHawaiian
                                         Islands to Midway
    Hanalei NWR                          Hanalci, Kauai                   "                                   917.766                                                             917.766
    Huleia NWR                           Lihue, Kauai                             .                           239.000                                                              239.000
    Kakahaia NWR                         Kaunakakai,                      "             "                      42.000                                                               42.000
                                         Molokai
    Kilauea Point NWR                    Kilauea, Kauai                                                       170.000                                                              170.000











A                                                                                                                   NATURE OF LEGAL RIGI IT (acrcs)

E
N                                                                                                                                                 ACCESS
C                                                                                                                                                  EASE-           TOTAL
Y FACILITY NAME                       LOCATION               EXISTING LAND USE                     FEE             LEASE    CEDED                  MENT            AREA


GENERAL
SERVICES ADMIN
    GSA Motor Pool & Parking          Fort Armstrong,        Parking                                                                                                 unknown
    Facility                          Honolulu.
    U.S. Post Office, Courthouse      Hilo. Hawaii           Office & Parking                            1.500                                                          1.500
    & Customhouse
    Prince Jonah Kuhio                Honolulu, Oahu         Office & Parking                           8.070                                                           8.070
    Kahminnnolc Fcdlcrl nuilding
    & U.S. Courthouse
    U.S. Customs Warehouse            Kuhio Wharf            Warehouse                                  0.800                                                          0.800
                                      Hilo, Hawaii

JUSTICE DEPARTMENT
    Immigration & Naturalization      Ala Moana, Oahu        Administration                                                             3.100                           3.100
    Service District Office

U.S. MARINES
    Camp H. M. Smith                  Halawa, Oahu           Administration                           220.000                                                        220.000
    Puuloa Training Facility          Ewa Beach, Oahu        Training                                 128.000                                                        128.000
    Manana Housing (U.S.M.C.)         Pearl City, Oahu       Housing                                   62.000                                                          62.000
    M.C.A.S. Kaneohe                  Kaneohe Bay, Oahu   Air Station                               2,017.000                        669.000                        2,686.000
    Molokai Training Support          Adjacent to            Training Support                                                         14.000                           14.000
    Facility                          Molokai Airport
    Pearl City Storage                Pearl City, Oahu       Storage                                   27.000                                                         27.000
    Waikane Valley Impact Area        Waikane Valley,        (Held, pending clearance of                                                                             187.000
                                      Oahu                  ordinance)










 A                                                                                                                              NATURE OF LEGAL RIGHT (acres)
 G
 E
 N                                                                                                                                                               ACCESS
 C                                                                                                                                                                EASE-             TOTAL
 Y FACILITY NAME                      ,  LOCATION                   EXISTING LAND USE                         FEE              LEASE    CEDED    MENT                               AREA

NATL AERONAUTIC &
SPACE ADMIN
     Tracking Station                      Kokee State Park,        Spaceflight Tracking & Data                                     22.900                                              22.900
                                          Kauai                   Network Station

NATL OCEANIC &
ATMOSPHERIC ADMIN*
     Honolulu Observatory                  Ewa, Oahu                Pacific Tsunami Warning Center               175.000                                                               175.000
     Geophysics
     Honolulu Biological Laboratory        Honolulu, Oahu           Main Laboratory                                                                                                  unknown

NATL MARINE
FISHERIES SERVICE
     Offices & Laboratories                Kewalo Basin, Oahu   Experiment Station & Offices                                         1.200                                               1.200
     Offices                               Dole Street,             Main Laboratory                                 2.200                                                                2.200
                                         Adjacent to UH

NATL PARK SERVICE
    Hawaii Volcanoes National             Hawaii                   Preservation & Recreation                217,298.000                                                          217,298.000
    Park
    Puuhonua o Honaunau National          Honaunau, Hawaii         Preservation & Recreation                    181.000                                                               181.000
    Historic Park
    Haleakala National Park               Maui                     Preservation & Recreation                 27,456.000                                                            27,456.000
    Puukohola Heiau National              Kawaihae, Hawaii         Preservation & Recreation                     61.000                                                                61.000
    Historic Site
    Kaloko-Honokohau National             Hawaii                   Preservation & Recreation                    381.000                                                               381.000
    Park










A                                                                                                                         NATURE OF LEGAL RIGIIT (acrcs)
G
E
N                                                                                                                                                        ACCESS
C                                                                                                                                                         EASE-            TOTAL
Y FACILITY NAME                         LOCATION                EXISTING LAND USE                       FEE              LEASE    CEDED    MENT                            AREA


NPS - cont.
    Kalaupapa National Historic         Molokai                 Public Health, Preservation &            7,306.000       (7,284 acres: cooperative agreement)               7,306.000
    Park                                                        Recreation

NATIONAL WEATHIER
SERVICE
    Weather Service Forecast            Honolulu Airport        Weather Observation                                           0.200                                             0.200
    Office, Hickam Air Force Base
    Weather Service Office              Hilo Airport                  "                                                                       0.100                             0.100
     Lyman Field                         Hilo, Hawaii
     Weather Service Office              Lihue, Kauai                                      . "                                 5.400                                             5.400
     Lihue Airport
     Pacific Tsunami Warning             Ewa Beach, Oahu         Tsunami Forecasts and Warnings             175.000                                                            175.000
    Center

U.S. NAVY
     NSC Ewa Drum Storage                Adjacent to Middle    Fuel Storage                                 44.000                                                             44.000
                                        Loch Pearl Harbor,
                                        Oahu
     Makalapa Crater Facilities          Makalapa, Oahu          Housing & Administration               (+/-) 288.00                                                      (+/-) 288.00
     Red Hill Storage Area               Red Hill, Oahu          Fuel Storage                               236.000                                                           236.000
     Pearl City Peninsula Facilities     Middle Loch, Pearl    Housing Fuel Storage, Sanitary           (+/-) 523.00                          27.000                     (+/-) 550.000
                                        Harbor, Oahu           Landfill, Agriculture
     Naval Air Station, Barbers          Barbers Point, Oahu    Air Station Support Station               3,738.000                                          131.000         3,869.000
     Point
     Manana Housing                      Pearl City, Oahu        Housing                                     35.000                                                            35.000










A                                                                                                                 NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                              ACCESS
C                                                                                                                                               EASE-           TOTAL
Y FACILITY NAME                       LOCATION              EXISTING LAND USE                    FEE             LEASE    CEDED    MENT                         AREA

NAVY. cont.
    Opana Communication Site          Kahuku, Oahu          Communications                             5.000                                         5.000          10.000
    Moanalua Aiea Housing             Pearl Harbor, Oahu    Housing & Support Service            (+/-) 920.00                                                  (+/-) 920.00
    McGrew Point Housing              East Loch, Pearl      Housing                                  49.000                                                         49.000
                                      Harbor, Oahu
    Water Supply, Waiawa              Waiawa, Oahu          Water Source                              75.000                                                        75.000
    Halawa Area                       Halawa, Oahu          Administration Laundry,'                 45.000                                                         45.000
                                                            Housing
    Naval Magazine, Lualualei         Lualualei, Oahu        Ammunition Storage                    4,205.000                      3,130.000                      7,335.000
    Naval Magazine, Waikele           Waikele, Oahu         Ammunition Storage                      520.000                                          2.000         522.000
    Branch
    AFC Facility, Mauna Kapu          Mauna Kapu, Oahu    Communications                                              0.500                          1.500           2.000
    Foracs m Sites                    Nanakuli, Oahu        Navigational Aides                                        0.400                                          0.400
    Naval Magazine, West Loch         West Loch, Pearl      Ammunition Storage and                 2,682.000                          1.000         18.000       2,701.000
    Branch                            Harbor, Oahu          Safety Blast Zone

    Waipio Peninsula Facilities       Separates Middle      Safety Blast Zone, Agriculture         1,392.000                        20.000                       1,412.000
                                      & West Lochs,
                                      Pearl Harbor, Oahu
    Naval Communication Station       Wahiawa, Oahu         Communications                          652.000                                                        652.000
    Wahiawa
    Naval Comnlunications Station     Lualualci, Oahu             "                                                               1,718.000                      1,71R.000
    Naval Station, Submarine Base,    Pearl llarbor, Onhu    Ship Berthing & Repairing           (+/-) 762.00                                                  (+/-) 762.00
    Shipyard Supply Center                                  Warehousing & Support
                                                            Facility
    Bishop Point                      Pearl Harbor, Oahu    Industrial                                12.000                                                        12.000










A                                                                                                                 NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                              ACCESS
C                                                                                                                                                EASE-           TOTAL
Y FACILITY NAME                 ,  LOCATION                 EXISTING LAND USE                     FEE            LEASE           CEDEI)          MENT            AREA

NAVY - cont.
    Ford Island                       Ford Island, Pearl    Ship Berthing & Support                  453.000                                                       453.000
                                      Harbor, Oahu          Facility
    Richardson Center                 Pearl Harbor, Oahu    Recreation                                35.000                         11.000                         46.000
    Manana Storage Area               Pearl City, Oahu      Storage                                  134.000                                                       134.000
    Public Works Center. Pearl        Pearl Harbor, Oahu    Light Industrial                          71.000                                                        71.000
    Harbor
    Water Storage, Halawa             Halawa, Oahu          Water Tanks                                9.000                                                         9.000
    Tri-Service Sewage Trcatment      Pearl Harbor, Oahu    Sewage Plant                               7.000                                                         7.000
    Plant
    Puuloa & Iroquois Point Housing   Pearl Harbor, Oahu    Housing                                  446.000                                                       446.000

    Red Hill Housing                  Red Hill, Oahu            "                                      7.000                                                         7.000
    Pacific Missile Range Facility,   Barking Sands,        Missile Testing & Support                               116.000       1,925.000         10.000       2,051.000
                                      Kauai                PFcililics
    Pacific Missile Range Facility    Barking Sands,        Ammunition Storage                                       74.000                                         74.000
    Ammunition Storage                Kauai
    Kaula Rock Island                 Kaula Island SW       Training                                                           (+/-) 108.00                    (+/-) 108.00
                                      of Niihau
    Kahoolawe Island                  Kahoolawe Island          "                                                               28,777.000                      28.777.000
    Barbers Point Water Supply        Barbers Point, Oahu   Water Well                                10.000                                         4.000          14.000
    Ohana Nui                         Between Hickam        Community Services                    (+/-) 46.00                                                   (+/-) ,16.00
                                      AFB Nimitz Hwy.
    Camp Stover Housing               Wheeler AFB           Housing                                                                 35.000                          35.000
    Utility Corridor                  Pearl Harbor          Utilities                                127.000                                                       127.000











A                                                                                                                    NATURE OF LEGAL RIGHT (acres)
G
EI
N                                                                                                                                                  ACCESS
C                                                                                                                                                   EASE-            TOTAL
Y FACILITY NAME                        LOCATION               EXISTING LAND USE                     FEE             LEASE    CEDED    MENT                           AREA

NAVY - cont.
    Ccinclary PlIots                   Nutinnu, Oa1hu         "kirial plols                               0.100                                                           0.1(0
    Makaha Ridge Facility              Makaha Ridge.          Remote Radar                                             207.000                          37.000         244.000
                                       Kauai
    Inactive Ship Maintenance          Upper Waipio, Oahu   Mainitenance Facility                         2.000                                                           2.000
    Facility

U.S. POSTAL SERVICE
    Aica Post Office                   Aica. Oahu             Office & Yard                                               0.130                                          0.130
    Anahola Post Office                Anahola, Kauai                                                                     0.090                                           0.090
    Captain Cook Post Office           Captain Cook,                                                      0.630                                                           0.630
                                       Hawaii
    Eleele Post Office                 Eleele, Kauai          Office                                                      0.040                                           0.040
    Ewa Beach Post Office              Ewa Beach, Oahu        Office & Yard                                               0.160                                           0.160
    (Ewa Station)
    Ewa Beach Post Office              Ewa Beach, Oahu                                                    1.620                                                           1.620
    Haiku Post Office                  Haiku, Maui                                                                        0.080                                           0.080
    Hakalau Post Office                Hakalau, Hawaii        Office & Yard                                               0.050                                           0.050
    Haleiwa Post Office                Haleiwa, Oahu                                                                      0.100                                           0.100
    Hana Post Office,                   Hana, Maui                                                                        0.030                                           0.030
    Hanalei Post Office        H        -analei. Kauai                                                                    0.210                                           0.210
    Hanapepe Post Office               Hanapcpe  Kauai                                                                    0.140                                           0.140
    H-auula Post Office                Hauula, Oahu           Office                                                      0.030                                           0.030










A                                                                                                                    NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                   ACCESS
C                                                                                                                                                    EASE-            TOTAL
Y FACILITY NAME                        LOCATION               EXISTING LAND USE                     FEE             LEASE    CEDED    MENT                            AREA

I'OSTAI  SERVICE-  co*nt.
    Hawaii National Park Post          Hawaii                 Office                                                      0.005                                           0.005
    Officc
    Hawi Post Office                   I lawi, llawaii           "                                                        0.010                                           0.010
    Hilo Post Office                   Hilo, Hawaii           Office & Yard                               4.650                                                           4.650
    (Airport)
    Hilo Downtown Station                                         .       "                               0.180
    Holualoa Post Office               Holualoa, Hawaii       Office                                                      0.020                                           0.020
    Honaunau Post Office               Honaunau, Hawaii       Office & Yard                                               0.750                                           0.750
    Honokaa Post Office                Honokaa, Hawaii                                   . "                              0.680                                           0.680
    Honokaa Post Office                Honokaa, Hawaii        Office                                                     0.005                                            0.005
    (Kukuihacla Branch)
    Honomu Post Office                 Honomu, Hawaii            "                                                       0.010                                            0.010
    lioolchua Post Office              Iloolchua, Molokai    Office & Yard                                                1.000                                           1.000
    Kaawa Post Office                  Kaawa, Oahu                .                                                      0.100                                            0.100
    Kahuku Post Office                 Kahuku, Oahu           Office                                                     0.100                                            0.100
    Kahului Post Office                Kahului, Maui          Office & Yard                                              0.910                                            0.910
    Kahului Post Office                Kahului, Maui          Yard                                       5.100                                                            5.100
    (Airport)
    Kailua Post Office                 Kailuan, Oahu          Office & Yard                                               1.250                                           1.250
    Kailua-Kona Post Office            Kailua, Hawaii                                  . "                                1.560                                           1.560
    Kailua-Kona Post Office            Kailua, Hawai
    (Airport)                                                 Yard                                        3.000                                                           3.000
    Kalahco Post Office                Kalahco, Kauni         Office & Yard                                              0.320                                            0.320










A                                                                                                                     NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                   ACCESS
C                                                                                                                                                    EASE-           TOTAL
Y FACILITY NAME                        LOCATION                EXISTING LAND USE                     FEE              LEASE    CEDED    MENT                         AREA

POSTAL SERVICE - cont.
    Kalaupapa Post Office              Kalaupapa, Molokai   Office                                                        0.020                                           0.020
    Kamuela Post Office                Kamuela, Hawaii        Office & Yard                               0.620                                                           0.620
    Kancohe Post Office                Kaneohc, Oahu                                    .                                 1.370                                            1.370
    Kapaa Post Office                  Kapaa, Kauai                                    .                                  0.800                                           0.800
    Kapaau Post Office                 Kapaau, Hawaii                                   .                                 0.410                                           0.410
    Kaumakani Post Office              Kaumakani, Kauai           "        "                                              0.020                                           0.020
    Kaunakakai Post Office             Kaunakakai,                                                                        0.670                                           0.670
                                       Molokai
    Kcanu Post Office                  Kcaau, Hawaii             "                                                        0.390                                           0.390
    Kcalakckua Post Office             Kealakekua Hawaii         "         "                                              0.100                                           0.100
    Kcalia Post Office                 Kealia, Hawaii         Office                                                      0.010                                           0.010
    Kekaha Post Office                 Kekaha, Kauai          Otficc & Yard                                               0.550                                           0.550
    Kihei                              Kehei, Maui               "                                                        0.710                                           0.710
    Kilauca Post Office                Kilauea, Kauai             "        "                                              0.060                                           0.060
    Koloa Post Office                  Koloa, Kauai               " .      "                                              0.620                                           0.620
    Kualapuu Post Office               Kualapuu, Molokai    Office                                                        0.010                                            0.010
    Kula Post Office                   Kula, Maui              Office &  Yard                                             0.990                                            0.990
    Kunia Post Office                  Kunia, Oahu             Office                                                     0.006                                            0.006
    Kurtistown Post Office             Kurtistown, Hawaii    Office & Yard                                                0.460                                            0.460
    Lahaina Post Office                Lahaina, Maui              ".                                                      0.280                                            0.280
    Lahaina Downtown Station           Lahaina, Maui              "                                                       0.290                                            0.290
    Laie Post Office                   Laie, Oahu                                     . "                                 0.130                                           0.130










A                                                                                                                       NATURE OF LEGAL RIGHT (acrcs)
G
E
N                                                                                                                                                      ACCESS
C                                                                                                                                                       EASE-            TOTAL
Y FACILITY NAME    I   LOCATION                                 EXISTING LAND USE                      FEE              LEASE    CEDED    MENT                           AREA

POSTAL SERVICE - cont.
    Lanai City Post Office              Lanai City, Lanai       Office                                                       0.030                                            0.030
    Laupahoehoe Post Office             Laupahoehoe, Hawaii   Office & Yard                                                  0.230                                            0.230
    Lawai Post Office                  Lawai, Kauai                ".                                                        0.420                                            0.420
    Lihue Post Office                  Lihue, Kauai
    (Airport)                                                   Yard                                         5.500                                                            5.500
    Lihue Post Office                  Lihue, Kauai             Office & Yard                               0.460                                                             0.460
    Lihuc Post Office                   Lihuc, Kauai            Yard                                                         0.050                                            0.050
    Lihue Post Office                  Lihue, Kauai             Office                                                       0.006                                           0.006
    Makawao Post Office                Makawao, Maui            Office & Yard                                                1.820                                            1.820
     Makawao Post Office                Makawao, Maui            Office                                                      0.030                                            0.030
    Makaweli Post Office               Makaweli, Kauai             "                                                         0.020                                            0.020
    Maunaloa Post Office               Maunaloa, Molokai           "                                                         0.006                                            0.006
     Mountainview Post Office           Mountainview,            Office & Yard                                               0.150                                            0.150
                                       Hawaii
     Naalchu Post Office                Naalehu, Hawaii                                    .                                 0.090                                            0.090
     Ookala Post Office                 Ookala, Hawaii           Office                                                      0.003                                            0.003
     Paauhau Post Office                Paauhau, Hawaii          Office                                                      0.005                                            0.005
     Paauilo Post Office                Paauilo, Hawaii          Office & Yard                                               0.110                                            0.110
     Pahala Post Office                 Pahala, Hawaii                                    . "                                0.090                                            0.090
     Pahoa Post Office                  Pahoa, Hawaii                                     . "                                0.260                                            0.260
     Paia Post Office                   Paia, Maui                  "                                                        0.140                                            0.140
     Papaaloa Post Office               Papaaloa. Hawaii         Office                                                      0.014                                            0.014







 ï¿½                                                                                Isï¿½










A                                                                                                                     NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                   ACCESS
C                                                                                                                                                    EASE-           TOTAL
Y FACILITY NAME                        LOCATION               EXISTING LAND USE                     FEE              LEASE    CEDED    MENT                          AREA

POSTAL SERVICE - cont.
    Papaikou Post Office-              Papaikou, Hawaii       Office & Yard                                               0.160                                           0.160
    Pearl City Post Office             Pearl City, Oahu                         . "                       3.000                                                           3.000
    Pcpcekco Post Office               Pepeckco, Hawaii          ".                                                       0.180                                           0.180
    Puunene Post Office                Puunenc, Maui                                  . "                                 0.050                                           0.050
    Volcano Post Office                Volcano Area,             "        "                               0.540                                                           0.540
                                       Hawaii
    Wahiawa Post Office                Wahiawa, Oahu             "         ".                                             0.790                                           0.790
    Waialua Post Office                Waialua, Oahu             "         "                                              0.440                                           0.440
    Waianae Post Office                Waianac, Oahu             "        "                               1.900                                                           1.900
    Waianae Post Office                Waianae, Oahu                                    .    ..                           0.140                                           0.140
    Wailuku Post Office                Wailuku, Maui             ".                                       0.490                                                           0.490
    Wailuku Post Office                Wailuku, Maui          Yard                                        3.300                                                           3.300
    Waimanalo Post Office              Waimanalo, Oahu        Office & Yard                                               0.280                                           0.280
    Waimea Post Office                 Waimea, Kauai             " .       "                                              0.030                                           0.030
    Waipahu Post Office                Waipahu, Oahu                                    . "                               0.370                                           0.370
    Waipahu Post Office                Waipahu, Oahu          Yard                                        4.500                                                           4.500
    Vehicle Maintenance Facility       Honolulu, Oahu         Office                                      2.500                                                           2.500
    Waikiki Station                    Honolulu, Oahu         Office & Yard                                               1.600                                            1.600
    llonolulu Main Office              Honolulu, Oahu            "                                       25.650                                                          25.650
    (Airport)                                                                                            28.600                                                          28.600
    Ford Island Station                Ford Island, Oahu      Office                                                      0.070                                           0.070
    Fort Shafter Station               Fort Shafter, Oahu     Office & Yard                                               0.150                                           0.150











A                                                                                                                . NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                              ACCESS
C                                                                                                                                                EASE-          TOTAL
Y FACILITY NAME    '   LOCATION                              EXISTING LAND USE                    FEE            LEASE    CEDED    MENT                         AREA

POSTAL SERVICE - cont.
    Hickam AFB Station                Oahu                  Office & Yard                                             0.120                                          0,120
    Submarine Base                    Pearl Harbor, Oahu    Office                                                    0.050                                          0.050
    Tripler Army Hospital             Oahu                     "                                                      0.070                                          0.070
    Courthouse & Customhouse          Oahu                  Office & Yard                              2.600                                                         2.600
    Downtown Station                  Honolulu, Oahu        Yard                                       0.880                                                         0.880
    Aina Haina Station                Honolulu, Oahu        Office & Yard                                             0.030                                          0.030
    Kaimuki Station                   Honolulu, Oahu            .       1.                                            0.050                                          0.050
    Navy Cantonmcnt                    lonolhlul, Onh       Office                                                    0.030                                          0.030
    Hawaii Kai Station                Honolulu, Oahu        Office & Yard                              2.300                                                         2.300
    Mnkiki Station                    llonolulu, Oahu                                 . "                             2.820                                          2.820
    Waialac-Kahala Station            Ilonolulu, Oallu      Office & Yard                                              .930                                         (0.93(
    Ala Moana Station                 Honolulu, Oahu        Office                                                    0.090                                          0.090
    Moiliili Station                  Honolulu, Oahu        Office &  Yard                                            0.900                                          0.900
    Kapalama Station                  Honolulu, Oahu                                 .                                1.920                                          1.920
    Chinatown Station                 Hlonolulu, Oahu                                                                 0.050                                          0.050
    Naval Air Station                 Ewa Beach, Oahu          "        "                                             0.620                                          0.620
    Navy Terminal                     Honolulu, Oahu        Office                                                    0.290                                          0.290
    Navy Terminal Station             Honolulu, Oahu           "                                                      0.010                                          0.010
    Navy Terminal                     Honolulu, Oahu                                                                  0.021                                          0.021
    Navy Communication Station        Wahiawa, Oahu                                                                   0.016                                          0.016
    Schofield Barracks Station        Wahiawa, Oahu         Office &  Yard                                            0.160                                          0.160
    Wheeler AFB Station               Wahiawa, Oahu         Office                                                    0.030                                         0.030




































                  HAWAEIF

                PROGRA M
Appnd~ix IF- LAWS & STATUTESI






FEDERAL PUBLIC LAW


    PUBLIC LAW 92-583                                                PUBLIC LAW 99-272

        Coastal Zone Management Act of 1972                             Coastl Zone Management Reauthorization
                                                                    Act of 1985
    PUBLIC LAW 94-370

        Coastal Zone Management Act
        Amendments of 1976




HAWAII REVISED STATUTES


       TITLE 1: GENERAL PROVISIONS                                    TITLE 12: CONSERVATION &
                                                                              RESOURCES - Public
          Ch. 6E: Historic Preservation                                            Lands

       TITLE 5: STATE FINANCIAL                                               171: Public Lands, Management &
                  ADMINISTRATION                                                  Disposition of
                                                                       173A: Acquisition of Resource Value
              37: Budget                                                          Lands

       TITLE 6: COUNTY ORGANIZATION                                                Land Development; Flood
                  & ADMINISTRATION                                                Control

              46: General Provisions                                         174: Water & Land Development
              57: Urban & Regional Design                                  174C: State Water Code
                                                                         176: Water Resources
       TITLE 8: PUBLIC PROCEEDINGS &                                        176D: Protection of Instream Use of
                  RECORDS                                                         Water
                                                                         179: Flood Control & Flood Water
              91: Administrative Procedures                                       Conservation
              92: Public Agency Meetings & Records                         179D: Damns & Resevoirs
                                                                         180: Soil & Water Conservation
        TITLE 9: PUBLIC PROPERTY,                                                   Districts
                  PURCHASING &                                             180C: Soil Erosion & Sediment Control
                  CONTRACTING
                                                                              Forestry & Wildlife
              101: Eminent Domain                                                  Recreation Areas; Fire
             115: Public Access to Coastal & Inland                               Protection
                  Recreational Areas
                                                                         183: Forest Reservations, Water
      TITLE 11: AGRICULTURE &                                                      Development, Zoning
                  ANIMALS                                                  183D: Wildlife
                                                                         184: State Parks & Recreation Areas
            149A: Hawaii Pesticides Law









                                                          F-i







HAWAII REVISED STATUTES


      TITLE 12: CONSERVATION &                                    TITLE 15: TRANSPORTATION &
                 RESOURCES - Aquatic                                         UTILITIES
                 Resources & Wildlife
                                                                     266: Harbors
           187A: Aquatic Resources                                    267-3: Boating Law - Definitions
            188: Fishing Rights & Regulations                         267-4: Boating Law - Rules &
            189: Commercial Fishing                                          Regulations
            190: Marine Life Conservation Program                   267-13: Boating Law - Disposition of
           190D: Ocean & Submerged Lands Leasing                             Revenues
                                                                   279A: Statewide Transponrtation Planning
                 General & Miscellaneous
                 Programs                                        TITLE 19: HEALTH

            195: Natural Area Reserve System                            321: Department of Health
          195D: Conservation of Aquatic Life,                          341: Environmental Quality Control
                 Wildlife & Land Plants                               342A: Air Pollution
            196: Energy Resources                                     342D: Water Pollution
          196D: Geothermal & Cable System                             342F: Noise Pollution
                 Development                                          342H: Solid Waste Pollution
                                                                    3421: Hazardous Waste
                 Enforcement                                          342L: Underground Storage Tanks
                                                                   342N: Used Oil Tansport, Recyicling
          199-3: Conservation & Resources                                    and Disposal
                 Enforcement Program; Conserva-                         343: Environmental Impact Statement
                 tion Resources Enforcement                             344: State Environmental Policy
                 Officers, Duties

     TITLE 13: PLANNING & ECONOMIC
                 DEVELOPMENT

            201: Department of Business &
                 Economic Development
            205: Land Use Commission
          205A: Coastal Zone Management
          206E: Hawaii Community Development
                Authority
         225M: Office of State Planning




















                                                      F-2









FEDERAL LANDHOLDINGS


A                                                                                                                    NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                                                   ACCESS
C                                                                                                                                                     EASE-           TOTAL
Y FACILITY NAME                        LOCATION               EXISTING LAND USE                     FEE             LEASE    CEDED    MENT                            AREA

U.S,. AIR FORCE*
    Hickam Administration Annex        Adjacent to Hono-      Business Office                             3.400                                                           3.400
                                       lulu International
                                       Airport
    Hickam Air Force Base              Pearl Harbor, Oahu    Runway Facility                          2,354.270                           1.210                       2,355.480
                                                             (shared with State)
    Wheeler Air Force Base             Wahiawa, Oahu          Aviation, Support Facility,                 0.240                       1,369.060                       1,369.300
                                                             Housing & Training
    Bellows Air Force Station          North of               Recreation Communication                   36.230                       1,456.950                       1,493.180
                                       Waimanalo Town
    Hickam Petrol. Annex               Kipapa Gulch, Oahu   Petroleum Storage                           58.160           0.560          34.360                           93.080
    Kaala Air Force Station            Mount Kaala Peak,    Radar Site                                                    1.800                                           1.800
                                       Oahu
    Kaena Point Satellite              Kaena Point, Oahu      Satellite Tracking Station                               138.300                                          138.300
    Tracking Station
    Kaukonahua Storage Annex           Adjacent to East       Storage                                                                   22.530                           22.530
                                       Range, Wahiawa,
                                       Oahu
    Makua Sub-Cable Site               Makua, Oahu            Communication                                               1.300                                           1.300
    Palehua Solar Observation          Palehua, Oahu          Solar Observation                           4.230                                                           4.230
    & Research Site
    Punamano Air Force Station         Kahuku, Oahu           Communication                               1.760         10.080                                           11.840
    Kokcc Air Force Station            Kokee, Kauai           Radar Site                                                10.090                                           10.090
    South Point Air Force Station      Southernmost Point   Celestial Tracking Facilities                               21.300                                           21.300
                                       on Hawaii

*1989 updated information not available  information adapledfrom "State of lawaii Coastal Management Program & Draft Environmental Impact Statement," 1978.






0












0







                                          HAWA-1]I
                                             (CZM
                                        PROGRAM
                    Appendlim G:- RULES & REGULATIONS
Is









A                                                                                                   NATURE OF LEGAL RIGHT (acres)
G
E
N                                                                                                                             ACCESS
C                                                                                                                              EASE-         TOTAL
Y  FACILITY NAME                 LOCATION            EXISTING LAND USE               FEE           LEASE         CEDED         MENT          AREA

SOIL CONSERVATION
SERVICE
    Hawaii Plant Material         Hoolehua, Molokai   Developmcnt & Testing of                         81.200                                   81.200
                                                     Plants for Conservation Uses

VETERANS ADMIN
    National Memorial Cemetary    Honolulu, Oahu      Cemetary                           112.000                                                112.000
    of tlec Ptcific







CODE OF FEDERAL REGULATIONS


    15 CFR Part 923                                               15 CFR Part 930

        Coastal Zone Management Program                               Federal Consistency With Approved
        Development & Approval Regulations                            Coastal Management Programs




HAWAII ADMINISTRATIVE RULES


      TITLE 11: DEPARTMENT OF HEALTH                                TITLE 13: DEPARTMENT OF LAND
                                                                            & NATURAL RESOURCES
               6: Recreational Trailer Camps
              54: Water Quality Standards                                  121: Hunting of Wildlife on Public Lands
              55: Water Pollution Control                                       & Other Lands
              62: Wastewater Systems                                       122: Game Bird Hunting, Field Trips, &
                                                                            Commercial Shooting Preserves
                                                                       123: Game & Mammal Hunting
      TITLE 13: DEPARTMENT OF LAND                                          125: Rules Regulating Wildlife Sanctuaries
                  & NATURAL RESOURCES
                                                                       145: Rules of the Hawaii State Park System
               2: Conservation Districts
                                                                       167: Rules of Practice & Procedure for the
              28: Hanauma Bay Marine Life Conservation                          Commission on Water Resources
                  District (MLCD)                                               Management
              29: Kealakekua Bay MLCD
              30: Manele-Hulopoe MLCD                                      - - -Interim Instream Flow Standards for
              31: Molokini Shoal MLCD                                           Kauai, East Maui, Molokai & Hawaii

              46: Leeward (Northwestern) Hawaiian                          185: Rules of Practice & Procedure for
                  Islands                                                       Geothermal & Cable System
              47: Hilo Harbor, Wailoa River & Wailuku                           Development Permitting
                  River, Hawaii
                                                                       197: Hawaii Historic Places Review Board
              61: Nuuanu Freshwater Fish Refuge, Oahu                           Rules of Practice & Procedure
              62: Wahiawa Public Fishing Area, Oahu                        198: Rules Governing the Hawaii &
              63: Waiakea Public Fishing Area, Hawaii                           National Registers of Historic Places
              64: Kokee Public Fishing Area, Kauai                              Programs

              71: License Requirements for Possession &                    209: Rules Regulating Activities Within
                  Sale of Certain Imported Fish & Products                      Natural Area Reserves
              72: License Requirements for Certain
                  Baitfishes                                               222: Shoreline Certifications

              83: Shellfishes                                       TITLE 15: DEPARTMENT OF
              84: Samoan Crab                                                   PLANNING & ECONOMIC
              85: Clam                                                          DEVELOPMENT
              86: Octopus
              87: Ulua, Papio & Omilu                                       15: Land Use Commission Rules
              88: Moi, Moi-Lii & Oama
              89: Spiny Lobster or Ula & Slipper Lobster
                  or Ula Papapa

              90: Nuhu for Family Consumption
              99: Introduced Freshwater Fishes







COUNTY ADMINISTRATIVE RULES

    CITY & COUNTY OF HONOLULU                                       COUNTY OF KAUAI

          RO 22: Subdivision Rules & Regulations                           CH 8: Comprehensive Zoning
                  Public Access Requirements                               CH 9: Subdivision
                  Park Dedication                                        CH 22: Grading, Grubbing, Stockpiling
          RO 23: Grading, Soil Erosion & Sediment                                 & Soil Erosion & Sedimentation
                  Control
        RO 6-11: Central Coordinating Agency                                      Shoreline Setback Rules &
                                                                            Regulations
                  Shoreline Setback Rules &
                  Regulations                                                     Special Management Area Rules
                                                                            & Regulations
          RO 33: Special Management Area

                                                              COUNTY OF MAUI
    COUNTY OF HAWAII
                                                                     CH 18: Subdivision
          CH 10: Erosion & Sedimentation.Control                          CH 20: Soil Erosion & Sediment Control
          CH 23: Subdivision Code                                      ORD 885: Central Coordinating Agency
       ORD 301: Parks & Playgrounds
          CIL. 2: Cenual Coordinating Agency                             ART II: Shoreline Setback Rules &
                  Hawaii County General Plan                                      Regulations

         R&R 8: Rules & Regulations Relating to                         ART III: Special Management Area Rules
                  Shoreline Setback                                               & Regulations

         R&R 9: Special Management Area
































                                                        G-2