RELATING TO COMMUNITY CO-MANAGEMENT AGREEMENTS.

SB2979

THE SENATE

S.B. NO.

2979

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to community co-management AGREEMENTS
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The
legislature finds that providing explicit 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 concepts
of land management, promoting more effective stewardship of public trust
resources for present and future generations.
�

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.
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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 legislature further finds that
grassroots communities across the State have spent decades collaborating with
government agencies to care for lands significant to Native Hawaiians and the surrounding
resources.
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For example, the Hui
Makaainana o Makana has worked since 1998 to steward Haena state park and
perpetuate ancestral wisdom.
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Community-based collaboration has also been successful in fisheries
through the community-based subsistence fishing area framework, including in
Haena, Milolii, and Kipahulu, and additional communities are organizing.
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The legislature believes all of these efforts
would be more effective and sustainable if supported by long-term community
co-management agreements.

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Although partnerships between the community
and the government exist through curatorships, revocable permits, and
concession agreements, the legislature finds that the lack of statutory
authority and a formalized process limits the effectiveness of these
partnerships.
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Accordingly, the purpose
of this Act is to:

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(1)
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Authorize
the department of land and natural resources and community-based organizations to
enter into community co-management agreements;

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(2)
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Establish
qualifications for community-based organizations to enter into community
co-management agreements; and

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(3)
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Authorize
the disposition of public lands by a community co-management agreement.

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SECTION 2.
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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 AGREEMENTS

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�171-a
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Findings and purpose.
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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
traditional, Native Hawaiian concepts and place-based practices for natural and
cultural resource management, and promotes more effective protection of the
State's public trust resources for the benefit of present and future
generations.

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�171-B
�
Definitions.
�
As used in this part:

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"Community-based organization"
means a state nonprofit organization that has a mission of, capacity for, and
commitment to care for natural and cultural resources and that engages in
community-driven planning, management, and projects that benefit public trust
resources."

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"Community co-management agreement"
means the collaboration under a written agreement between the department and a
community-based organization that allocates the sharing of management
functions, responsibilities, and the rights of entry and use for a 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 specified under the
community-co-management agreement.

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"Land" includes all interests
therein and natural resources including water, streams, shorelines out to a
mile or to the fringing reef, ocean minerals, and all such things connected
with land, unless otherwise expressly provided.

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"Place-based education" means
learning pathways that are guided and grounded in geographic place and Native
Hawaiian values, language, culture, and history.

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�171-C
�

Community co-management agreements.
�

(a)
�
The department may enter
into community co-management agreements with community-based organizations,
qualified pursuant section 171-D, to carry out the purposes of this part.

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(b)
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Community co-management agreements shall be used exclusively for one or
more of the following purposes:

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(1)
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Preservation
and practice of all rights customarily and traditionally exercised by Native Hawaiians
for subsistence, and for cultural and religious purposes;

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(2)
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Preservation,
protection, and restoration of archaeological historical, and environmental
resources;

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(3)
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Rehabilitation,
revegetation, restoration, and preservation of native species and habitats;

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(4)
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Management
of parking and visitor activities; and

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(5)
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Place-based
education;

provided
that the term of a community co-management agreement shall not exceed
sixty-five years.

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(c)
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The community co-management agreement may be terminated by either party
via written notice, subject to its terms.

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(d)
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The department may adopt rules pursuant to chapter 91 to carry out the
purposes of this part.

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�171-D
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Community-based organizations; qualifications.
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A community-based organization may become
qualified to enter into a community co-management agreement after review by the
board of a formal request in writing that includes:

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(1)
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The
nonprofit status and mission of the community-based organization;

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(2)
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A
list of board members and staff of the community-based organization and their
qualifications;

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(3)
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A
summary of past and current projects within the proposed community
co-management unit, including those in partnership with community groups and government
entities;

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(4)
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A
description of the community co-management unit;

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(5)
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Justification
for the proposed community co-management agreement;

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(6)
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Any
other information deemed necessary for consideration; and

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(7)
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A
plan for the community co-management unit that describes the:

���������
(A)
�
Specific
place-based and community-based activities to be conducted in the community
co-management unit that sustain community, natural, and cultural resources;

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(B)
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Demonstrated
commitment to the knowledge and use of traditional Native Hawaiian practices,
understandings, and values;

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(C)
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Use
of adaptive management practices;

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(D)
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Defined
management functions, roles, and responsibilities;

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(E)
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Performance
and accountability standards for monitoring, evaluation, and revenue
generation, if any;

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(F)
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Reporting
processes and requirements;

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(G)
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Parameters
for equitable data collection, sharing, and rights;

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(H)
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Dispute
resolution pathways; and

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(I)
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Methods
of funding and enforcement."

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SECTION 3.
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Section 171-1, Hawaii Revised Statutes, is amended by adding a new
definition to be appropriately inserted and to read as follows:

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"
"Community co-management
agreement" has the same meaning as defined in section 171-B.
"

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SECTION
4
.
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Section 171-13, Hawaii Revised Statutes, is
amended to read as follows:

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"
�171-13
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Disposition of public
lands.
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Except as otherwise provided
by law and subject to other provisions of this chapter, the board may:

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(1)
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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)
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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
that
the sale price
of [
such
]
the
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.
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In codifying the new sections added by section 2 of this Act, the
revisor of statutes shall substitute appropriate section numbers for the
letters used in designating the new sections in this Act.

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SECTION 6.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 7.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DLNR;
Community Co-Management Agreements; Community-Based Organizations; Disposal of
State Lands

Description:

Authorizes
the Department of Land and Natural Resources and community-based organizations
to enter into community co-management agreements concerning state lands.
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Authorizes the Department of Land and Natural
Resources to dispose state land through community co-management
agreements.
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Establishes qualifications
for community-based organizations that may enter into community co-management
agreements.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.