HB 2218

HOUSE OF REPRESENTATIVES
H.B. NO.
2218
THIRTY-THIRD LEGISLATURE, 2026
H.D. 2
STATE OF HAWAII
S.D. 2
C.D. 1
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:
���� SECTION 1.� The legislature finds that providing explicit
authority to the board of land and natural resources to enter into community
co-management agreements honors the Native Hawaiian concepts of malama aina and ahupuaa-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 Haena, Pupukea, Moomomi, Kipahulu,
Hookena, Kaupulehu, and Kealakekua, 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.
���� 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 Makaainana o Makana
has worked since 1998 to steward Haena
state park and perpetuate ike kupuna.� 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 aina-based
organizations face similar challenges.
���� Community-based co-management has
also been successful in fisheries through the community-based subsistence
fishing area framework.� Communities in Haena, Milolii, Kipahulu, and Kealakekua have established community-based
subsistence fishing areas, and additional communities are organizing, all of
which would benefit from long-term co-management agreements.
���� 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.
���� The purpose of this Act is to:
���� (1)� Authorize the board
of land and natural resources to enter into community co-management agreements;
���� (2)� Establish
qualifications for eligible community co‑managers; and
���� (3)� Authorize the
disposition of public lands by a community co-management agreement.
���� 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
���� �171-A� Findings and purpose.� The legislature finds that providing specific
authority to the board of land and natural resources to enter into community
co-management agreements with community-based organizations honors the
traditional Native Hawaiian concept of malama aina and place‑based practices for natural and cultural
resource management, promoting more effective protection of the State's public
trust resources for the benefit of present and future generations.
���� �171-B� Definitions.� Notwithstanding any other definition to the
contrary provided in this chapter, as used in this part:
���� "Aina education" means learning pathways that are
guided and grounded in geographic place, aina and kai, and Native Hawaiian
values, language, culture, and history.
���� "Community-based
organization" means a nonprofit corporation incorporated in the State that
has a mission, capacity, and commitment to malama aina; care for natural and
cultural resources; and engage in community-driven planning, management, and
projects that benefit public trust resources.
���� "Community co-management
unit" means the location and boundaries of the land subject to a community
co-management agreement.
���� "Land" means all interests
therein and natural resources including water, streams, shorelines out to a
mile or the fringing reef, ocean minerals, and all things connected with land,
unless otherwise expressly provided.
���� �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 implement this part.
���� (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;
���� (2)� Preservation,
protection, and restoration of archaeological, historical, and environmental
resources;
���� (3)� Rehabilitation,
revegetation, restoration, and preservation of native species and habitats;
���� (4)� Management of
parking, visitor activities, and public and recreational parks and facilities
in conjunction with malama aina-focused principles; or
���� (5)� Aina
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.
���� (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)� Nonprofit status
and mission;
���� (2)� A list and
qualifications of board members and staff;
���� (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;
���� (4)� A description of
the location and boundaries of the community co-management unit;
���� (5)� Justification for
the proposed community co-management agreement;
���� (6)� Other information
deemed necessary for consideration; and
���� (7)� A co-management
plan recommended by the department 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.
���� (d)� Every
ten years, beginning from the effective date of the community co-management
agreement, the department shall submit to the board for its review a report
detailing the community-based organization's progress on meeting the goals set
out in the co-management plan.� The board
may make any applicable amendments to the co-management plan or terminate the
community co-management agreement.
���� (e)�
Notwithstanding subsection (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.
���� (f)�
The department may adopt rules pursuant to chapter 91 to implement this
part."
���� SECTION 3.� Section 171-1, Hawaii Revised Statutes, is
amended by adding two new definitions to be appropriately inserted and to read
as follows:
���� ""Community
co-management" means collaboration between the department and one or more
community-based organizations, under a 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.
���� "Community co-management
agreement" means a written agreement between the board and a
community-based organization for community co-management pursuant to this
chapter."
���� SECTION 4.� Section 171-13,
Hawaii Revised Statutes, is amended to read as follows:
���� "�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
���� (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."
���� SECTION 5.� New statutory material is underscored.
���� SECTION 6.� This Act shall take effect upon its approval.
Report Title:
DLNR;
Community Co-Management Agreements; Public Lands
Description:
Authorizes the Board 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.�
(CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.