Appendix L of the Board Manual requires the Cave and Karst Acquisition Committee to review grant requests for cave or karst acquisition and to make a recommendation to the Board. The request by the Cave Conservancy of Hawai’i (CCH) is precedent setting and more complicated than it appears. We will not be making a recommendation for or against, since I think that policy should be set by the Board and should not be made by fiat which would happen if the Board rubber stamped our recommendation without deliberation.
We wish to thank Emily Davis, Cindy Heazlit, and Fred Stone for their cooperation in providing the information used in this grant request review.
Background
Lot #63 of Kula Kai Estates Subdivision is a three-acre parcel on the west coast of Hawai’i that overlies a portion of Kipuka Kanohina Cave. Kipuka Kanohina Cave is the second longest known lava tube in the world. CCH is trying to protect the cave and provide access for research and exploration by acquiring ownership and/or management rights to lands overlying the cave.
The lot has never been bulldozed and contains two large cave passages in the Kanohina System. The Galaxy Chamber and Brickyard Passage lie beneath this property. It is also immediately across the road from Don Coon's (CCH President) property and a future bunkhouse location, and lies adjacent to a 21-acre parcel already owned by another CCH director. Purchasing lot #63 provides a corridor for surface access between these two properties.
The purchase price is $15,000. CCH has pledges in excess of $7,500 towards the purchase. CCH does not intend to purchase additional properties until this property is paid off. This will be the first property owned by CCH.
Statement of Significance – The cave is highly significant; it is reported to be the second longest lava tube in the world and has important archeological and biological resources.
Would the grant support NSS purposes? Yes, it is intended to promote speleology and the protection of caves and their natural contents.
Rank of expenditure - The request is for a relatively small amount (<1% of our annual budget).
Is the cave under the property to be purchased? Partially, CCH is well aware of how little of the cave system is located under the lot. The acquisition is part of a larger strategy to acquire lands overlying the cave.
Cave Management Plan - There is a well-written cave management plan (attached). However, it is not binding on any cave entrance owners at this time. This parcel will be managed as low-impact or wilderness as defined in the management plan.
Appraisal – No appraisal was performed. However, the adjacent lots were assessed at $15,000 and it is reported to be consistent with other property for sale in the area.
Professional land survey - Probably not relevant, since the cave is almost everywhere under the subdivision and they are not trying to acquire an entrance on this lot.
Dissolution or sale – In the event of dissolution of CCH, lands owned will be transferred to the NSS. CCH is willing to commit to giving the NSS right of first refusal in the event that they sell the property.
Access – There is no entrance on Lot #63 and no intention of creating one, so access is not relevant to the specific grant request. The management plan states that the Preserve is open to responsible caving.
Mineral Rights – Fred Stone reports that mineral rights are retained by the State of Hawai’i. It is highly unlikely that anyone would be permitted (or would want) to quarry basalt from a subdivision.
Water Rights – Not applicable.
Statement of Alternatives – If the property is not purchased, it will almost certainly be developed. Development may degrade the cave including collapsing cave passage. Further, Hawai’i law makes it difficult to legally traverse passage that is not owned by the permitting entrance owner. It is likely that the purchase will be made with or without NSS help.
Statement of Possible Problems – The management plan is well written and conforms with NSS purposes. However, there is nothing requiring any of the entrance owners to implement it or to even permit it to be implemented. CCH Directors and members are personally buying land with cave entrances, but CCH wants NSS assistance with the first parcel that does not contain an entrance. This might give the appearance of impropriety to some NSS members.
The State of Hawai’i seems to have unusual laws regarding both caves and mineral rights. It is unclear if the state legislature could place more onerous restrictions on caving using their mineral rights as a basis.
If the NSS acquires the property resulting from dissolution or sale, we would own a property that has no access to the cave and offers little protection for the cave by itself. This is a highly unusual situation for the NSS and one that requires deliberation.
Kipuka Kanohina Cave is a long and important cave, well worth acquisition and protection. The CCH proposal is precedent setting in that the property the NSS would be helping to buy has no cave entrance on it and CCH neither owns nor legally manages any entrances to the cave. There is a good management plan, but it is not binding on any of the entrance owners, even the CCH Directors who own entrances to the cave.
I see three options before the Board:
1) Grant CCH $5,000 and trust its Directors and members to implement the management plan.
2) Reject the grant proposal (with much regret) on the grounds that it is not a good practice to do business without binding documents.
3) Grant the request contingent upon some number of entrance owners binding themselves to the management plan.
Because of the highly unusual nature of the Hawai’i law and the lack of a cave entrance in CCH hands, we respectfully abstain from making a recommendation on the CCH grant request.