Department of Land and Natural Resources

Land Board Submittals – 8/12/22

AGENDA
FOR THE MEETING OF THE
BOARD OF LAND AND NATURAL RESOURCES

DATE: August 12, 2022

TIME: 9:00 A.M.

LOCATION: In person at 1151 Punchbowl St. Room 132
(Kalanimoku Building),
Online via ZOOM, Livestream via YouTube

Board members, staff, applicants, and testifiers can choose to participate either in-person, via ZOOM or by telephone. NOTE: The Board members will be participating via ZOOM for this meeting. Members of the public are asked to wear a mask if attending in-person.

Meeting materials are available for public review in advance of the meeting at:
https://www.dlnr.hawaii.gov/meetings

The meeting will be livestreamed at:
https://youtube.com/c/boardoflandandnaturalresourcesdlnr

To provide in-person testimony (Please wear a mask):
Attend live at 1151 Punchbowl St. Room 132 (Kalanimoku Building), Honolulu, Hawaii

To provide video testimony:
Send your request to [email protected]
Include your name and the agenda item on which you would like to testify. Once your request has been received, you will receive an email with the Zoom link. Requests may be made during the meeting.

To provide oral testimony by telephone:
Dial: +1 (669) 900-6833
At the prompts, enter:
Meeting ID: 878 2729 7091# Passcode: 636633#
Note: To unmute, press *6.

Written Testimony:

Interested persons can submit written testimony in advance of each meeting that will be distributed to Board Members prior to the meeting. Submit written testimony to [email protected] or via postal mail to the Board of Land and Natural Resources at P.O. Box 621, Honolulu, Hawaii 96809. We request written testimony be submitted no later than 24 hours prior to the meeting to ensure time for Board Member review. Late written testimony will be retained as part of the record and distributed to Board Members as soon as practicable, but we cannot ensure that Board Members will receive it with sufficient time for review prior to decision-making.

The Board may go into Executive Session pursuant to Section 92-5(a)(4), Hawaii Revised, Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.

Individuals requiring special assistance or auxiliary aids or services (e.g., sign language interpreter), please contact staff at least 72 hours prior to the meeting at 808.587.0404 so that arrangements can be made.

In some of the matters before the Board, a person may wish to request a contested case hearing. If such a request is made before the Board’s decision, then the Board will consider the request first – before considering the merits of the item before it. A person who wants a contested case may also wait until the Board decides the issue, then request the contested case after the decision. It is up to you. Any request must be made in writing within ten days. If no request for contested case is made, the Board will make a decision. The Department will treat the decision as final and proceed accordingly.

Update …

Item C-3 – Withdrawn – 8/10/22

C. DIVISION OF FORESTRY AND WILDLIFE

1. Request Approval to Negotiate and Sign a Contract, or Contracts, for the Management of the Department of Land and Natural Resources Hawaii Youth Conservation Corps and Green Jobs Program.

2. Requests for (1) Approval to Use a Request for Interest Process to Solicit Applicants to Provide Services for Federal Grants administered under the U.S.D.A. Forest Service’s Bipartisan Infrastructure Law (BIL) Grant Funding for Forest Action Plan (FAP) Implementation; and (2) A Delegation of Authority to the Chairperson to Award, Execute, and Extend Agreements with Successful Providers and to Issue Annual Requests for Interest and Awards under this Grant Program.

3. Request for Approval to Adopt a New Section under the Hawaii Administrative Rules as Title 13, Chapter 124, Section 11.1, “Hawaiian Monk Seals, Approaching Prohibited”, to Establish a 50- Yard Restricted Zone Around Hawaiian Monk Seals on State Lands or in State Marine Waters, Pursuant to Hawaii Revised Statutes (HRS) Section 195D-4, through Emergency Rulemaking Procedures, as described in HRS Section 91-3(B), to Protect the Public Health and Safety and to Protect Hawaiian Monk Seals from Dangerous Human Interactions on State Lands and in State Waters. [Withdrawn – 8/10/22] [~~Testimony~~]

D. LAND DIVISION

1. Consent to Assignment of Lease from HKI Kawili LLC to Hilo Na Koa LP on Lands under Governor’s Executive Order No. 4539 Issued to County of Hawaii for Veterans Center and Affordable Senior Housing with Preference to Veterans and Spouses Purposes, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-4-057:030.

2. Sale of Water License at Public Auction for the Non-Consumptive Use of Water from the Wailuku River for Hydroelectric Generation Purposes, Pi`ihonua, South Hilo, Island of Hawaii, Tax Map Key: (3) 2-6-009; 2-6-029; and Acceptance of Wailuku Watershed Management Plan. [Testimony]

3. Issuance of Right-of-Entry Permit for Mineral Survey and Sample Collection Purposes to the University of Hawaii on Lands Encumbered by: (i) GL S-4465, Government Lands of Keanuiomano and Puuiki, Waimea, South Kohala, Hawaii, Tax Map Key: (3) 6-5-001:020, Parker Ranch, Inc., Lessee; (ii) GL S-4474, Government Lands of Puu Kawaiwai, South Kohala, Hawaii, Tax Map Key: (3) 6-2-001:015, Parker Ranch, Inc., Lessee; and (iii) Executive Order No. 1288 to the Department of Land and Natural Resources, Division of Forestry and Wildlife, as part of the Mauna Loa Forest Reserve, Humuula, North Hilo, Tax Map Key: (3) 3-8-001: Portion of 001

4. Authorization to Enter Into a Ground Lease with the County of Hawaii, Office of Housing and Community Development, on Behalf of the Hawaii State Public Library System for Public Library Purposes; Waikoloa, South Kohala, Island of Hawaii, Tax Map Key: (3) 6-8-041:007 (portion).

5. Issuance of Revocable Permit and Immediate Construction Right-of-Entry to HMC Maui LP, to Replace Existing Erosion Protection Skirt Fronting the Hyatt Regency Maui, Honokowai, Kaanapali, Lahaina, Maui, Tax Map Key: (2) 4-4-013: seaward of 008.

6. Grant of Term, Non-Exclusive Easement to Carolyn Carley and Lee A. Windeler for Access Purposes, Honolulu, Oahu, Tax Map Key: (1) 2-5-019: portions of 009.

7. Report on Prior Board Action dated August 13, 2021, Item D-3, as Amended, Rescind Prior Board Action of April 25, 1997, Item D-5, as Amended, Request Board Approval, Extension of Time, Completion, Tenant Improvements, General Lease No. S-5261, Sand Island Business Association, Sand Island Industrial Park, Honolulu, Oahu, Tax Map Key: 1-5-41.

Issuance of Interim Revocable Permit to Sand Island Business Association (SIBA) for Office Trailer and Parking Purposes, Sand Island Industrial Park, Honolulu, Oahu, Tax Map Key: (1) 1-5-041:077 or portion.

Amendment of General Lease No. S-5261, SIBA, Lessees, Sand Island, Honolulu, Oahu. See Exhibit 1 for list of Tax Map Key parcel numbers.

The purpose of the amendment is to change SIBA’s obligations with respect to the dedication of infrastructure improvements under the lease so that SIBA may retain control over such infrastructure until five years prior to lease termination on the condition that SIBA provide sufficient bonding to guarantee the dedication of the improvements to the City and County of Honolulu at lease expiration or earlier termination.

As requested by the Board at its meeting of August 13, 2021, this is a Report on the Status of the Bonds, Revocable permit and discussions with the County agencies on the infrastructure not yet dedicated.