SB2979

SECTION 1. 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. 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 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. For example, the Hui Makaainana o Makana has worked since 1998 to steward Haena state park and perpetuate ancestral wisdom. 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. The legislature believes all of these efforts would be more effective and sustainable if supported by long-term community co-management agreements.

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. Accordingly, the purpose of this Act is to:

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

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

§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 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.

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

"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."

"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.

"Community co-management unit" means the location and boundaries of the land specified under the community-co-management agreement.

"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.

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

§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.

(b) Community co-management agreements shall be used 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, and for 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 and visitor activities; and

(5) Place-based education;

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

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

§171-D Community-based organizations; qualifications. 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:

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

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

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

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

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

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

(7) 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;

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

(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; and

(I) Methods of funding and enforcement."

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

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

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 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."

SECTION 5. 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.

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

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

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2979
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII