Ka‘ū News Briefs, Monday, Sept. 26, 2022

Papakōlea Green Sand Beach Green Sand Beach surrounding lands could be one of the areas in the state where Department of Hawaiian Home Lands launches a proposed enforcement team to quell illegal activities on its properties. DHHL photo

STREAMLINING REGULATIONS TO BUILD MORE HOUSING, AND ENFORCEMENT OF RULES ON HAWAIIAN HOME LANDS for such activities as commercial use of trails to Papakōlea Green Sand Beach, are addressed in new Department of Hawaiian Home Lands proposals for the 2023 Hawai'i Legislature. DHHL announced Monday that draft measures are ready for the governor of Hawai'i to determine which will be included in the administration's package for the next legislature. A request for proposals went public in July and after DHHL consideration, ten draft proposals were selected. At its September meeting, Hawaiian Homes Commission approved them.

New measures to support enforcement on DHHL lands and to accommodate more
affordable housing have been sent to the governor. See the Ka'u Plan (circa 2012) at
https://dhhl.hawaii.gov/wp-content/uploads/2011/06/Kau-Regional-Plan-May-2012.pdf

    Monday's DHHL statement notes that "The Department of Hawaiian Home Lands carries out Prince Jonah Kūhiō Kalanianaʻole's vision of rehabilitating native Hawaiians by returning them to the land. Established by U.S. Congress in 1921, with the passage of the Hawaiian Homes Commission Act, the Hawaiian homesteading program run by DHHL includes management of over 200,000 acres of land statewide with the specific purpose of developing and delivering homesteading."

    The ten proposals are: HHL-06(23) - Relating to Compliance and Enforcement on Hawaiian Home Lands- Would establish a compliance and enforcement program within DHHL to investigate complaints, conduct investigations, and cooperate with enforcement authorities to ensure compliance with the Hawaiian Homes Commission Act, 1920, as amended and rules adopted thereunder as well as all other state laws and rules, and county ordinances on Hawaiian Home Lands.
    "Illegal activity occurring on Hawaiian Home Lands threatens the health and safety of the community; this proposal is modeled after HRS Chapter 199 (Conservation and Resources Enforcement Program) as a means to respond to the concerns raised by beneficiaries about criminal activity impacting the community," says the DHHL statement.

    HHL-03(23) – Relating to Housing - Would exempt any development of homestead lots or housing for DHHL from general excise taxes. DHHL "provides homesteads for native Hawaiians at affordable rates when compared to similar development available in Hawaiʻi. In order to further the interest of beneficiaries, any development of homestead lots or housing for the Department should be exempt from general excise taxes," says the DHHL statement.

    HHL-08(23) – Relating to Affordable Housing on Hawaiian Home Lands-

Hawaiian Homelands in Ka'u are outlined in red.

Would repeal the July 1, 2024, sunset of Act 141, Session Laws of Hawai'i 2009, and the July 1, 2024, sunset of Act 98, Session Laws of Hawai'i 2012, to make the affordable housing credit program permanent.

    HHL-09(23) – Relating to School Impact Fees - Would repeal the July 1, 2024, sunset of Act 197, Session Laws of Hawai'i 2021, to make permanent the exclusion of housing developed by DHHL from school impact fees.

    HHL-04(23) – Relating to Historic Preservation Reviews - Would allow DHHL to assume review of the effect of any proposed project on historic properties or burial sites for lands under its jurisdiction. "Instead of requiring DHHL to consult with Department of Land & Natural Resources regarding the effect of a project upon historic properties or burial sites, this proposal would streamline the process by allowing DHHL to assume this review," says the proposal.

    HHL-01(23) - Relating to Legal Counsel - Would allow DHHL to retain independent legal counsel to be paid by the State and use the services of the attorney general as needed. "The Department has a trust duty to its beneficiaries and in the fulfillment of its trust obligations, the Department may at times be at odds with the interests of the State. It is at these times that the department must be assured that its counsel provides legal guidance strictly in the interest of its client. Independent counsel that is hired and retained by the Department eliminates any cloud of uncertainty that there is a conflict of interest that the department is represented by the Attorney General's office that also represents the State," says the proposal.

    HHL-02(23) – Relating to Commission on Water Resource Management - Would add Chair of Hawaiian Homes Commission or Chair's designee to the state's Commission on Water Resource Management. The Water Code requires that planning decisions of the Commission on Water Resource Management ensure that sufficient water remain available for current and foreseeable development and use of Hawaiian Home Lands. "In order to further the interest of beneficiaries, the Chair of the HHC or the Chair's designee should serve as an ex officio voting member of the Commission on Water Resource Management," says the proposal.

Department of Hawaiian Home Lands Chair William Aila, Jr. launches
 a water system project in May. DHHL Photo

    HHL 05(23) – Relating to Interim Administrative Rules of Department of Hawaiian Home Lands - Would create a new section of the HRS that allows DHHL, after consultation with beneficiaries and organizations representing beneficiaries, to issue interim rules which shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of Chapter 91 as long as the interim rules shall be effective for not more than 18 months.

    "The Department is currently authorized to adopt rules in accordance with Chapter 91, HRS, which can be a lengthy and time-consuming process when you factor in that the Department conducts consultation with beneficiaries and organizations representing beneficiaries prior to initiating the rule making process. This amendment will enable the Department to move quickly in issuing interim rules after consultation with beneficiaries and organizations representing beneficiaries on important programs and services, while preserving public access by ensuring that the interim rules will be made available on the website of the Office of Lieutenant Governor. The 18-month limitation on the life of the interim rules will further ensure that the Department has adequate time to adopt permanent rules through formal rulemaking procedures," says the proposal.

    HHL-10(23) - Relating to Department of Hawaiian Home Lands- Would allow expenditure of funds appropriated in Act 279, Session Laws of Hawaii 2022 until June 30, 2025. 

    Next, will be a review by the Attorney General, the Department of Budget & Finance, and Gov. David Ige, according to a statement from DHHL on Monday. It said, "DHHL requested that the proposals be a good public policy for the Department and that they address operations, programs, regulations, processes, budget, and/or resources and create a benefit or an advantage for DHHL, the trust, or trust beneficiaries, or otherwise correct a deficiency."

    To read the full draft of the bills and DHHL's justification, visit dhhl.hawaii.gov/government-relations.

To read comments, add your own, and like this story, see www.facebook.com/kaucalendar. See latest print edition at wwwkaucalendar.com. See upcoming events at https://kaunewsbriefs.blogspot.com/2022/04/upcoming-events-for-kau-and-volcano.html.

 

LIBRARIES IN PĀHALA AND NĀ'ALEHU SHUT DOWN MONDAY, along with other libraries around the state. The statement from Hawai'i State Public Libraries System noted an unspecified threat and the involvement of law enforcement officers to address the issue. On Monday afternoon the state administration announced the libraries will reopen on Tuesday morning.
   A second-degree terroristic threatening case as been opened by the state Sherif's Department in connection with an incident in the library system.

To read comments, add your own, and like this story, see www.facebook.com/kaucalendar. See latest print edition at wwwkaucalendar.com. See upcoming events at https://kaunewsbriefs.blogspot.com/2022/04/upcoming-events-for-kau-and-volcano.html.

KUAKINI MEDIATION CENTER presents Sylvia Dolena's Boundless Collaboration: Conversation + Contribution + Teamwork = Innovation on Friday, Oct. 14. 

    Part of Ku'ikahi Mediation Center's Teamwork, Leadership, and Preparing for the New Economy

Sylvia Dolan teaches Boundless Collaboration in a Kuakini
Mediation Center session on Oct. 14.

Training Series, the free workshop runs from 8:30 a.m. to 4:30 p.m. at University of Hawai'i at Hilo, UCB 127, 200 W. Kawili Street, Hilo. "Practice a high-performance collaboration process that can be used in large complex projects as well as in small
groups," says Dolena. "Learn key principles that lead to successful results while valuing the contributions of each person." The statement on the session says, "For teams and individuals who must get results through others, learn a high value conversation method; develop a win together framework; resolve issues and obstacles quickly; and achieve innovation."
    Dolena worked for Hewlett-Packard for 18 years, as a Global Programs and Operations Manager and as a Strategic Change Project Manager. She has worked as an external business consultant with HP and other high-tech and retail companies like AMD and Best Buy. Currently, Dolena is a Project Manager for one Fortune 100 Company's new Leadership Certification Program. She delivers workshops and leadership development programs in Hawai'i and nationally. She holds an MBA in Organizational Effectiveness from University of Southern California and an MS in Strategic Management of Technology Organizations from Stanford and IESE, the European School of Business in Barcelona.

     To register for this free in-person training, visit https://boundlesscollaboration2022.eventbrite.com or contact Ku'ikahi Mediation Center at (808) 935-7844 or info@hawaiimediation.org
    This Training Series is made possible in part to funding from the Atherton Family Foundation, County of Hawaiʻi, and Hawai'i Island United Way, and in partnership with University of Hawai'i at Hilo.

To read comments, add your own, and like this story, see www.facebook.com/kaucalendar. See latest print edition at wwwkaucalendar.com. See upcoming events at https://kaunewsbriefs.blogspot.com/2022/04/upcoming-events-for-kau-and-volcano.html.

 

See September issue of The Kaʻū Calendar
at www.kaucalendar.com, and in the
mail - Volcano, Kaʻū to South Kona.