Chapter 261 - KAHO'OLAWE ISLAND RESERVE

  1. Subchapter 1 - General Provisions (§ 13-261-1 to 13-261-9)
  2. Subchapter 2 - Provisions for entrance into the reserve (§ 13-261-10 to 13-261-12)
  3. Subchapter 3 - Activities within the reserve (§ 13-261-13 to 13-261-15)

Notes

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.

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