Department of Land and Natural Resources

Land Board Submittals – 05/10/24

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

DATE: May 10, 2024

TIME: 9:00 A.M.

PLACE: DLNR Boardroom, Kalanimoku Bldg. 1151 Punchbowl St. 1st Floor Room 132/ & Online via Zoom

Meeting ID: 843 7065 4197
ZOOM LINK: https://us06web.zoom.us/j/84370654197
LIVE STREAM: https://youtube.com/live/lrS6adPeVS0

This meeting will be held using interactive conference technology under section 92-3.7, Haw. Rev. Stat. (HRS). Board members, staff, applicants, testifiers, and the public can choose to participate in person, online via Zoom, or by telephone. The public may also view the live meeting via its live stream at: https://youtube.com/live/lrS6adPeVS0

To Provide Written Testimony
We encourage interested persons to submit written testimony in advance of the meeting, which will be distributed to Board members prior to the meeting and allow a timely review. Please submit written testimony via email to: [email protected]. Written testimonies can also be mailed to: P.O. Box 621, Honolulu, Hawaii 96809. Written testimonies may be posted upon the Board of Land and Natural Resources meeting website; as a precaution, please be mindful with any personal information prior to submitting unless you intend it to be shared. Late written testimony will be retained as part of the record and distributed to Board members as soon as practicable, but we cannot ensure the Board will receive it in sufficient time to review, prior to decision-making.

To Provide In-Person Oral Testimony (masks are highly encouraged)
Attend in-person at: 1151 Punchbowl St. Room 132 (Kalanimoku Building), Honolulu, Hawaii.

To Provide Testimony by Telephone
On the day of the meeting at the start of the agenda item you wish to testify on, dial 1-669-444-9171 (Zoom); input the meeting ID: 843 7065 4197 and follow the prompts.

To Provide Video/Zoom Testimony
Please send your request in a timely manner to: [email protected] with your information, email address, and the agenda item you wish to testify on. Once your request has been received, you will receive a confirmation email with pertinent information. You may testify without signing up in advance.

We kindly ask that all oral/video testimony be limited to not more than three (3) minutes. We ask that you identify yourself and any affiliation before speaking, but you can choose not to do so.

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

If you need an auxiliary aid/service or other accommodation due to a disability, please contact, BLNR Secretary, at 808.587.0404 or [email protected] as soon as possible. Requests made as early as possible have a greater likelihood of being fulfilled. Upon request, this agenda and other materials are available in alternate/accessible formats.

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 but before the close of the board meeting. It is up to you. Any request must also be made in writing within ten calendar 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.

A. MINUTES
1. Approval of the January 12, 2024, Summary Meeting Minutes.
2. Approval of the February 23, 2024, Summary Meeting Minutes.

C. DIVISION OF FORESTRY AND WILDLIFE
1. (1) Delegate Authority to the Chairperson to Approve, Procure, Award, Sign, Execute, Amend, and Extend Contracts for Annual Grants of less than $500,000 from the Land Conservation Fund for the Operation, Maintenance, and Management of County and Private Lands Acquired by Way of the Land Conservation Fund

(2) Delegate Authority to the Chairperson to Approve the Award to State Agencies of Annual Grants of less than $500,000 from the Land Conservation Fund for the Operation, Maintenance, and Management of State Lands Acquired by Way of the Land Conservation Fund

2. (1) Approve the acquisition of approximately 256.903 acres of private land at Pohakea, District of Wailuku, Island of Maui, Tax Map Key number (2) 3-6-001:018;

(2) Approve post-closing Issuance of a Management Right-of-Entry to the Division of Forestry and Wildlife, including authorization for the Maui Branch Manager, Division of Forestry and Wildlife, to issue permits governing the use of public facilities or areas within the property, under Section 13-221-5, Hawaii Administrative Rules, through coordination with the Maui district land agent;

and

(3) Authorize the Division of Forestry and Wildlife to conduct a public hearing on the Island of Maui for a proposed addition of approximately 257.7 acres of land at Pohakea, District of Wailuku, Island of Maui, Tax Map Key: (2) 3-6-001:018 to the West Maui Forest Reserve.

[Testimony 5/8, 5/9, Late 5/9, 5/13]

3. (1) Request the approval of an acquisition of private lands at Hamakualoa District, Island of Maui, Tax Map Key Numbers (2) 2-9-011:012 and (2) 2-9-013:009;
(2) Upon closing, approve Issuance of a Management Right-of-Entry to the Division of Forestry and Wildlife;
(3) Delegate authority to the Division of Forestry and Wildlife’s Maui Branch Manager, in coordination with the Maui land agent, to issue permits pursuant to Section 13-221-5, Hawaii Administrative Rules;
and
(4) Authorize the Division of Forestry and Wildlife to conduct a public hearing on the Island of Maui for a proposed addition to the Forest Reserve System for Tax Map Keys: (2) 2-9-011:012 and (2) 2-9-013:009.

[Testimony 5/3, 5/8, 5/9]

4. Request for final approval to adopt proposed amendments to and compilation of Hawaii Administrative Rules Chapter 13-109 (Rules for establishing Forest Stewardship).

The proposed amendments can be reviewed online via the Lieutenant Governor’s Office website at, https://dlnr.hawaii.gov/wp-content/uploads/2024/01/Chapter-13-109-HAR-Draft-2024.pdf, or in person at any Division of Forestry and Wildlife (DOFAW) district office between 8:00 a.m. and 3:30 p.m., Monday through Friday, except for State holidays.

5. Approval of a Memorandum of Understanding between the Division of Forestry and Wildlife and Pacific Rim Conservation for Rare Species Protection Management in the Puu o Umi Natural Area Reserve, Hawaii, Tax Map Keys: (3) 4-9:013:001, (3) 6-1:001:001, (3) 6-2:001:001, (3) 6-2:001:002, (3) 6-3:001:002, (3) 6-3:001:004, (3) 6-3:001:005, (3) 6-3:001:007
and
Request approval of Declaration of Exemption from Chapter 343, Hawaii Revised Statues Environmental Compliance requirements for the project
and
Request a delegation of authority to the Chairperson to negotiate, approve, and execute a Memorandum of Understanding, Right-of-Entry, and Release of Liability Agreements for Pacific Rim Conservation for Rare Species Protection Management in the subject parcels.

6. Request for approval to increase the contract amount to $12 million and extend the contract period from one-year to two-years for the previously approved request for proposals for mosquitoes to facilitate Incompatible Insect Technique (IIT deployment on Kaua‘i.

[Testimony, 5/8, 5/9 Late 5/9, 5/9, 5/13]

7. Request for approval to hold statewide public hearings to amend and compile Title 13, Chapter 209, Hawaii Administrative Rules: Rules regulating activities within Natural Area Reserves (NARS)

The rule amendment can be reviewed online at Exhibit-1-NARS-Rules-Rev-2024.pdf (hawaii.gov) or in person at any Division of Forestry and Wildlife district office from 8:00 a.m. to 3:30 p.m., Monday through Friday, except State holidays.

8. (1) Approve up to $4,855,238 in Grant Awards from Available Funds in the Land Conservation Fund, as Requested in Applications to the Fiscal Year 2024 Legacy Land Conservation Program and as Recommended by the Legacy Land Conservation Commission, for the Acquisition of Interests and Rights in Specific Parcels of Land Having Value as a Resource to the State (Total Area Approximately 51.35 Acres):

A. Nā ‘Ōiwi O Pu‘uanahulu, up to $3,000,000 for the Acquisition of Approximately 27.38 Acres at District of Kona, Island of Hawai‘i (‘Anaeho‘omalu Kapalaoa), Tax Map Key Number (3) 7-1-003:010, with a Conservation Easement Held by the County of Hawai‘i.

B. Malama Loko Ea Foundation, up to $750,000 for the Acquisition of Approximately 1.1 Acres at District of Waialua, Island of O‘ahu (Loko Ea Queen’s Residence), Tax Map Key Number (1) 6-9-003:008 (approximately 0.56 acres), Plus Approximately 0.54 acres in Loko Ea Place (Tax Map Key Number Not Assigned), with a Conservation Easement Held by the City & County of Honolulu.

C. Moku O Keawe Land Conservancy, up to $499,000 for the Acquisition of a Conservation Easement over Approximately 20.1 Acres at District of Kohala, Island of Hawai‘i (Nani Kai Hoku Farm), Tax Map Key Number (3) 5-5-008:069.

D. Pu‘uwai Ko Ola, up to $606,238 for the Acquisition of Approximately 2.77 Acres at District of Wai‘anae, Island of O‘ahu (Ke Ola Project Conservation & Culture), Tax Map Key Number (1) 8-5-005:0050002, with Conservation Easement Holder(s) to be Determined (Subject to Approval by the Chairperson, See Agenda Item (3) below), and Subject to a Special Condition that Requires Pu‘uwai Ko Ola to Demonstrate, Prior to Executing a Legacy Land Conservation Program Grant Agreement with the Board, that its Business Structure Conforms with the Definition of a “nonprofit land conservation organization” as Established in Hawai‘i Administrative Rules Section 13-140-2.

(2) Exempt the Four Proposed Awards Above from the Requirement to Prepare an Environmental Assessment, According to Chapter 343, Hawai‘i Revised Statutes and Chapter 11-200.1, Hawai‘i Administrative Rules.

(3) Authorize the Chairperson to Approve Appropriate Entities to Hold a Conservation Easement over the Property to be Acquired by Pu‘uwai Ko Ola (Item (1)D, above).

(4) Authorize the Department to Proceed with All Due Diligence and Negotiations Necessary to Carry Out the Fiscal Year 2024 Legacy Land Conservation Program Grants and Acquisitions Approved by the Board and the Governor.

[Testimony, 5/8, 5/9, Late 5/9]

D. LAND DIVISION

1. Partial Withdrawal of 0.50 Acres from Governor’s Executive Order No. 2914 and Reset Aside to the Division of Aquatic Resources for Storage and Office Purposes; Issuance of Immediate Management Right-of-Entry Permit, Kapaa Town Lots, 2nd Series, Kawaihau, Kauai, Tax Map Key: (4) 4-5-006:001.

2. Pursuant to Act 90, Session Laws of Hawaii 2003, as mutually agreed between Department of Land and Natural Resources and Department of Agriculture, Set Aside Revocable Permit No. S-7608, William F. Jacintho and William G. Jacintho, Permittees, to the Department of Agriculture for Agriculture Purposes at Haneo‘o, Hana, Maui, TMKs: (2) 1-4-007: 009 (portion) and 017

3. Consent to Sublease General Lease No. S-4323, Kalanianaole Real Estate Investments, LLC and FMM, LLC, as Sublessor, and Manheim Remarketing, Inc., Hawaii Petroleum, Inc., Keolakalani Kalili dba BB Towing Asset Recovery, LLC, Marine Spill Response Corporation, Polynesian Adventure Tours, LLC, and Nutrien Ag Solutions, Inc., sublessees, Waiakea, South Hilo, Hawaii Tax Map Key: (3) 2-1-010:033.

4. Consent to Sublease; General Lease No. S-4331 and S-4332, James William McCully, Trustee of the James William McCully Revocable Living Trust dated September 24, 1992 and Francine Marie Morales McCully, Trustee of the Francine Marie Morales McCully Revocable Living Trust dated September 24, 1992, Sublessor, to Kū Aloha Ola Mau, and Island Movers Inc., Sublessees, Waikea South Hilo, Hawaii, Tax Map Key: (3) 2-2-037:144.

5. Issuance of Right-of-Entry Permit to Hawaii Explosives & Pyrotechnics, Inc. for Private Event Aerial Fireworks Display at Duke Kahanamoku Lagoon on Thursday, June 6, 2024, Waikiki, Honolulu, Oahu, Tax Map Key: (1) 2-3-037: portion of 021.

6. Approve and Recommend to the Governor the Issuance of an Executive Order Amending Governor’s Executive Order No. 4502 to Department of Education for Public School Purposes, Honouliuli, Ewa, Oahu, Tax Map Keys: (1) 9-1-017: 154 (portion) and 160.

The purpose of the amendment is to replace the superseded map and description attached to Executive Order No. 4502 (for former Lot 18062, Map 1410, Land Court Application No. 1069) with the map and description for the actual area of set-aside (current Lot 19894, Map 1667, Land Court Application No. 1069).

7. Approval of a Development Agreement for a 30-Year Extension of Lease Term, General Lease No. S-4323, Kalanianaole Real Estate Investments, LLC and FMM, LLC, Lessees; Authorize the Chairperson to Approve and Execute a Lease Extension for General Lease No. S-4323, Kalanianaole Real Estate Investments, LLC and FMM, LLC, Lessees; Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-1-010:033.

8. Approval of a Development Agreement for a 30-Year Extension of Lease Term, General Leases Nos. S-4331 and S-4332, James William McCully, Trustee of the James William McCully Revocable Living Trust dated September 24, 1992 and Francine Marie Morales McCully, Trustee of the Francine Marie Morales McCully Revocable Living Trust dated September 24, 1992, Lessees; Authorize the Chairperson to Approve and Execute a Lease Extension for General Leases No. S- 4331 and S-4332, James William McCully, Trustee of the James William McCully Revocable Living Trust dated September 24, 1992 and Francine Marie Morales McCully, Trustee of the Francine Marie Morales McCully Revocable Living Trust dated September 24, 1992, Lessees; Waiakea, South Hilo, Hawaii, Tax Map Keys (3) 2-2-37:144.

F. DIVISION OF AQUATIC RESOURCES

1. Request Approval for a FY24 State-Funded Project Agreement Between the Department of Land and Natural Resources and Williams Scotsman, Inc. for Procurement and Installation of a Portable Modular Office in Support of the Division of Aquatic Resources’ Operations in West Hawaiʻi

2. Request Approval for a FY24 State-Funded Project Agreement Between the Department of Land and Natural Resources and the Williams Scotsman, Inc. for Procurement and Installation of a Portable Modular Office in Support of the Division of Aquatic Resources’ Operations on Kauaʻi

3. Request Approval for a FY24 State-Funded Project Agreement Between the Department of Land and Natural Resources and William Scotsman, Inc. for Procurement and Installation of a Portable Modular Office in Support of the Division of Aquatic Resources’ Operations at the Ānuenue Fisheries Research Center in Honolulu

4. Request Approval for a FY24 State-Funded Project Agreement Between the Department of Land and Natural Resources and a Selected and Approved Vendor for Procurement of a New Research and Response Vessel in Support of the Division of Aquatic Resources’ Operations in West Hawaiʻi

5. Request Approval for a FY24 State-Funded Project Agreement Between the Department of Land and Natural Resources and Hull Research for Procurement of a New Research and Response Vessel in Support of the Division of Aquatic Resources’ Operations on Oʻahu

Non-Action Item
6. Briefing on Proposed Adoption of a New Chapter, Chapter 13-48.5, Hawaii Administrative Rules, “Maunalua Bay Fisheries Management Area, O‘ahu”

[Testimony]

J. DIVISION OF BOATING AND OCEAN RECREATION

1. Issuance of a Direct Lease to Hawaii Island Paddle Sports for Operation and to Maintain a Hawaiian Style Halau for Permittee’s Meetings, Storage of Solo or Duo Canoes, Kayaks, General Equipment and Staging Area for Race Events Purposes at Honokohau Small Boat Harbor, Keahuolu, North Kona, Island of Hawaii, identified by tax map key: (3) 7-4-008:003 (por.). And