Notes
Haw. Code R. tit. 13, subtit. 12, ch. 261
Act 340, SLH
1993, established the Kaho'olawe island reserve, by adding chapter
6K to the Hawaii Revise Statutes. The
legislature found that the island of Kaho'olawe is of significant cultural and
historical importance to the native people of Hawaii. Chapter
6K, HRS further provides for the
transfer of the island reserve to the sovereign native Hawaiian entity upon its
recognition by the United States and the State of Hawaii. Commercial uses are
strictly prohibited. The reserve is to be used solely and exclusively for the
preservation and practice of all rights customarily and traditionally exercised
by native Hawaiians for cultural, spiritual, and subsistence purposes;
preservation and protection of its archaeological, historical, and
environmental resources; rehabilitation, revegetation, habitat restoration, and
preservation; education; and fishing that is consistent with the purpose of the
law and which takes into consideration the health and safety of the general
public. The United States and its allies used the island and surrounding waters
as a military target from 1941 to 1990. In recognition of the substantial
amount of unexploded ordnance and hazardous materials present on the island and
in the adjacent waters, institutional controls are required because of the
imminent threat to public health and safety which will continue to exist until
the Kaho'olawe island reserve has been cleared of unexploded ordnance and
hazardous waste.
