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HB2218
HOUSE OF REPRESENTATIVES
H.B. NO.
2218
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to the Department of Land and Natural Resources
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
The legislature finds that providing explicit
authority to the department of land and natural resources to enter into
community co-management agreements honors the Native Hawaiian concepts of
mālama
ʻ
āina
and ahupua
ʻ
a-based
management, promoting more effective stewardship of public trust resources for
present and future generations.
����
The legislature further finds that
grassroots communities across the State, including Hā
ʻ
ena,
Pūpūkea, Mo
ʻ
omomi,
Kīpahulu, Ho
ʻ
okena,
and Ka
ʻ
ūpūlehu,
have spent decades collaborating with government agencies to care for wahi pana
and surrounding resources.
�
These efforts
would be more effective and sustainable if supported by long-term community
co-management agreements.
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Although community�government
partnerships exist through curatorships, revocable permits, and concession
agreements, the lack of statutory authority and a formalized process limits
their effectiveness.
�
For example, the
Hui Maka
ʻ
āinana
o Makana has worked since 1998 to steward Hā
ʻ
ena
state park and perpetuate
ʻ
ike
k
ū
puna.
�
The board of land and natural resources
approved entering into a concession agreement, yet has not secured a long-term
co-management agreement with the Hui.
�
Other
āina
-based
organizations face similar challenges.
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Community-based co-management has
also been successful in fisheries through the community-based subsistence
fishing area framework.
�
Communities in
Hā
ʻ
ena,
Miloli
ʻ
i, and
Kīpahulu have established community-based subsistence fishing areas, and
additional communities are organizing, all of which would benefit from
long-term co-management agreements.
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The legislature further finds that
the State alone cannot sustainably manage the State's public trust resources
and that
place
-based
Native Hawaiian and local communities provide essential stewardship, capacity,
and local knowledge.
�
Article XI, section
1, and Article XII, Section 7, of the Hawaii State Constitution support
co-management agreements as a means of restoring and protecting biocultural
public trust resources for future generations, including for subsistence,
cultural, and religious purposes.
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The purpose of this Act is to:
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(1)
�
Authorize the
department of land and natural resources to enter into community co-management
agreements;
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(2)
�
Establish
qualifications for eligible community co-managers; and
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(3)
�
Authorize the
disposition of public lands by a community co-management agreement.
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SECTION 2.
�
Chapter 171, Hawaii Revised Statutes, is
amended by adding a new part to be appropriately designated and to read as
follows:
"
Part .
�
community co-management
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�
171-A
�
Findings and purpose.
�
The legislature finds that providing specific
authority to the department of land and natural resources to enter into
community co-management agreements with community-based organizations honors
the traditional Native Hawaiian concept of mālama
ʻ
āina and
place
-based practices for natural and cultural resource
management, promoting more effective protection of Hawaii's public trust
resources for the benefit of present and future generations.
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�171-B
�
Definitions.
�
Notwithstanding any other definition to the
contrary provided in this chapter, as used in this part:
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"
Āina
education" means learning pathways that
are guided and grounded in geographic place,
ʻ
āina
and kai, and Native Hawaiian values, language, culture, and history.
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"Community-based
organization" means a non-profit corporation incorporated in the State
that has a mission, capacity, and commitment to mālama
ʻ
āina, care for
natural and cultural resources, and engage in community-driven planning,
management, and projects that benefit public trust resources.
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"Community co-management"
means collaboration between the department and one or more community-based
organizations, under a written community co-management agreement, to allocate
the sharing of management functions and responsibilities and the rights of
entry and use for a given community co-management unit under the jurisdiction
of the department.
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"Community co-management unit"
means the location and boundaries of the land of the community co-management
agreement.
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"Land" means all interests
therein and natural resources including water, streams, shorelines (out to a
mile or the fringing reef), ocean minerals, and all such things connected with
land, unless otherwise expressly provided.
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�171-C
�
Community co-management agreements.
�
(a)
�
The board may enter into community co-management agreements, by direct
negotiation and without recourse to public auction, with qualified
community-based organizations to carry out the purposes of this part.
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(b)
�
Community co-management agreements shall be used solely and exclusively
for one or more of the following purposes:
����
(1)
�
Preservation and
practice of all rights customarily and traditionally exercised by Native
Hawaiians for subsistence, cultural, and religious purposes;
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(2)
�
Preservation,
protection, and restoration of archaeological, historical, and environmental
resources;
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(3)
�
Rehabilitation,
revegetation, restoration, and preservation of native species and habitats;
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(4)
�
Management of parking
and visitor activities; or
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(5)
�
Āina
education;
provided that no community co-management agreement
shall allocate the sharing of management functions and responsibilities and the
rights of entry and use for a given community co-management unit under the
jurisdiction of the department for a period of time exceeding sixty-five years.
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(c)
�
The board shall consider the following when deciding whether a
community-based organization is qualified to enter into a community co-management
agreement:
����
(1)
�
Non-profit status
and mission;
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(2)
�
A list and
qualifications of board members and staff;
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(3)
�
A summary of past
and current projects in the proposed community co-management unit including
those in partnership with community groups, and federal, state, and county
governments;
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(4)
�
A description of
the location and boundaries of the community co-management unit;
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(5)
�
Justification for
the proposed community co-management agreement;
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(6)
�
Other information
deemed necessary for consideration; and
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(7)
�
A co-management
plan containing a description of the:
���������
(A)
�
Specific
place
-based, mission-driven,
and community-led activities to be conducted in the area that sustain
community, natural, and cultural resources;
���������
(B)
�
Demonstrated
commitment to the use and knowledge of customary and traditional Native
Hawaiian practices, understandings, and values as a core component of the plan;
���������
(C)
�
Use of adaptive
practices and responses to changing conditions;
���������
(D)
�
Defined management
functions, roles, and responsibilities;
���������
(E)
�
Performance and
accountability standards for monitoring, evaluation, and revenue-generation, if
any;
���������
(F)
�
Reporting
processes and requirements;
���������
(G)
�
Parameters for
equitable data collection, sharing, and rights;
���������
(H)
�
Dispute resolution
pathways;
���������
(I)
�
Methods of funding
and enforcement; and
���������
(J)
�
Other information
deemed necessary to support the application.
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(d)
�
A community-based organization or the board, upon written notice, may
terminate the community co-management agreement, subject to the terms of the
community co-management agreement.
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(e)
�
The department may adopt rules pursuant to chapter 91 to carry out the
purposes of this part."
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SECTION 3.
�
Section 171-1, Hawaii Revised Statutes, is
amended by adding three new definitions to be appropriately inserted and to
read as follows:
����
"
"Community
co-management" has the same meaning as in section 171-A.
����
"Community co-management
agreement" means a written agreement between the department and a
community-based organization for community co-management pursuant to part
.
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"Community co-management
unit" has the same meaning as in section 171-A.
"
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SECTION
4
.
�
Section 171-13,
Hawaii Revised Statutes, is amended to read as follows:
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"
�171-13
�
Disposition of public
lands.
�
Except as otherwise provided
by law and subject to other provisions of this chapter, the board may:
����
(1)
�
Dispose of public
land in fee simple, by lease, lease with option to purchase, license,
community
co-management agreement,
or permit; and
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(2)
�
Grant easement by
direct negotiation or otherwise for particular purposes in perpetuity on such
terms as may be set by the board, subject to reverter to the State upon
termination or abandonment of the specific purpose for which it was granted,
provided the sale price of such easement shall be determined pursuant to
section 171-17(b).
No person shall be eligible to purchase or lease public
lands, or to be granted a license,
community co-management agreement,
permit, or easement covering public lands, who has had during the five years
preceding the date of disposition a previous sale, lease, license,
community
co-management agreement,
permit, or easement covering public lands canceled
for failure to satisfy the terms and conditions thereof."
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SECTION 5.
�
New statutory material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DLNR; Community
Co-Management Agreements; Public Lands
Description:
Authorizes
the Department of Land and Natural Resources to enter into community
co-management agreements and establishes qualifications for eligible community
co-managers.
�
Authorizes the disposition
of public lands by a community co-management agreement.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.