Shown verbatim: the complete text as captured from the official page posted by the Hawaii State Legislature, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the first conference draft. The official bill page.
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.
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