NOTICE OF FINDING OF NO SIGNIFICANT IMPACT
AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
These Notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the Department of Hawaiian Home Lands.
REQUEST FOR RELEASE OF FUNDS
On or around June 4, 2008, the Department of Hawaiian Home Lands (DHHL) will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Native Hawaiian Housing Block Grant funds under Title VIII of the Native American Housing Assistance and Self Determination Act of 1996, as amended, to undertake two separate projects known as the Waiohuli Homestead Community (WHC) and the Keokea Agricultural Lots (KAL). WHC consists of approximately 532 acres, of which 196 acres will be used to build 331 single-family residential units (on minimum 20,000 s.f. lots), 100 acres for cultural preserves, 100 acres for ranching and grazing, and 125 acres for open space. The KAL development consists of approximately 351 acres, which includes 226 acres for 66 agricultural lots, 96 acres to be reserved for future development, 29 acres for historical preserve, and 3 lots fronting Kula Highway for future community purposes. Both projects will have 40 to 50 foot-wide paved roadways, drainage systems, water distribution lines, and electrical/communication systems. Homestead awardees for both projects will be responsible for constructing their own homes. The proposed development will include all work necessary to prepare the land for residential and farm homestead awardees, including, but not limited to clearing and limited grading to facilitate construction of the improvements that would service the development.
FINDING OF NO SIGNIFICANT IMPACT
DHHL has determined the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act (NEPA) of 1969 is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at the DHHL Land Development Division at 91-5420 Kapolei Parkway, Kapolei, Oahu, Hawaii 96707, and may be examined or photo copied on weekdays, from 8:00 a.m. to 4:00 p.m.
Any individual, group or agency disagreeing with this determination or wishing to comment on the project may submit written comments to DHHL. All comments received by June 2, 2008 will be considered by DHHL prior to submission of a request for release of funds. Comments should specify which Notice they are addressing, and should be addressed to “Chairman, Department of Hawaiian Home Lands, P.O. Box 1879, Honolulu, Hawaii 96805.
RELEASE OF FUNDS
DHHL certifies to HUD that Micah A. Kane, in his capacity as Chairman of the Hawaiian Homes Commission, consents to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD’s acceptance of the certification satisfies its responsibilities under NEPA and allows DHHL to use program funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD will accept objections to its release of funds and DHHL’s certification for a period of 15 days following the anticipated submission date or its actual receipt of the request (whichever is later) only if it is on one of the following bases: (a) the certification was not executed by the Certifying Officer of DHHL; (b) DHHL has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient has incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or (d) another federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to HUD’s Hawaii State Office at 500 Ala Moana Boulevard, Suite 3A, Honolulu, HI 96813. Potential objectors should contact HUD to verify the actual last day of the objection period.
Micah A. Kane, Chairman
Hawaiian Homes Commission