Land Board Submittals – 02/28/25

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

DATE:             February 28, 2025

          TIME:              9:00 A.M.

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

Meeting ID: 832 1060 6828
ZOOM LINK: https://us06web.zoom.us/j/83210606828
LIVE STREAM:  http://www.youtube.com/watch?v=P3mI46TJPKU

 

This agenda and the listed submittals will be provided in the Board Packet. 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: http://www.youtube.com/watch?v=P3mI46TJPKU

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: blnr.testimony@hawaii.gov. 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 1-719-359-4580 (Zoom); input the meeting ID:  832 1060 6828 and follow the prompts.

To Provide Video/Zoom Testimony
Please send your request in a timely manner to: blnr.testimony@hawaii.gov 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 two (2) minutes. We ask that you identify yourself and any affiliation before speaking, but you can choose not to do so.

If you need an auxiliary aid/service or other accommodation due to a disability, please contact, BLNR Secretary, at 808.587.0404 or blnr.testimony@hawaii.gov 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.

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.

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.

NOTE: Agenda Items may be taken out of order.

A. MINUTES

1. Approval of February 14, 2025, Summary Meeting Minutes

C. FORESTRY AND WILDLIFE

1. Request for delegation of authority to the Chairperson to 1) approve, procure, award, sign, execute, amend, and extend indefinite quantity contracts procured through Chapter 103D Hawaii Revised Statutes; 2) Declare these contracts exempt from the preparation of an Environmental Assessment (EA) or approve an Environmental Assessment and Issue a Finding of no Significant Impact (FONSI), if appropriate.

2. Approval of Memorandum of Understanding between the Division of Forestry and Wildlife and the Big Island Resource Conservation & Development Council, Inc. for the management of natural area reserves and forest reserves on Hawaii Island, Tax Map Keys:
(3) 7-1:001:001, (3) 7-1:001:004, (3) 7-1:001:006, (3) 7-1:001:010, (3) 7-1:002:001,
(3) 7-1:002:013, (3) 7-1:003:016, (3) 7-1:004:018, (3) 4-4:016:003 (por), (3) 4-
5:011:001, (3) 4-7:006:009, (3) 4-2:008:001, (3) 4-6:011:007, (3) 4-6:011:041, (3)

4-2:008:005 (por), (3) 4-4:014:001 (por), (3) 4-4:014:001 (por), (3) 4-8:003:003,
(3) 4-8:003:004, (3) 4-3:010:001, (3) 4-3:010:007, (3) 4-3:011:005, (3) 4-3:003:001
(por), (3) 4-3:003:001, (3) 3-7:001:004, (3) 3-7:001:008, (3) 3-7:001:009, (3) 2-
8:001:003, (3) 2-9:005:001, (3) 3-3:001:001, (3) 2-7:001:003, (3) 2-5:001:002, (3)
2-5:001:006, (3) 2-5:001:008, (3) 2-5:001:015, (3) 2-5:001:016, (3) 2-5:001:017, (3)
2-5:001:018, (3) 2-5:002:004, (3) 2-5:002:014, (3) 2-5:002:016, (3) 2-4:008:003, (3)
3-7:001:002, (3) 3-7:001:012 (por), (3) 3-9:001:013, (3) 3-9:001:018, (3) 3-
3:001:006, (3) 3-3:001:004, (3) 2-6:018:004, (3) 2-6:018:013, (3) 7-4:001:002, (3)
7-4:001:003, (3) 7-4:001:004, (3) 7-4:002:007, (3) 7-5:001:022, (3) 7-5:013:013, (3)
7-5:013:022, (3) 7-3:001:002, (3) 9-8:001:004, (3) 9-7:001:001, (3) 9-7:001:014, (3)
9-7:001:015, (3) 9-7:001:016, (3) 9-7:001:017, (3) 9-7:001:018, (3) 9-7:001:019, (3)
9-7:001:020, (3) 9-7:001:021, (3) 9-7:001:022, (3) 9-6:006:009, (3) 9-6:006:010, (3)
9-6:006:015, (3) 9-6:006:018, (3) 9-5:006:010, (3) 9-8:001:014, (3) 1-2:009:004, (3)
4-9:012:002, (3) 4-9:012:003, (3) 4-9:015:002, (3) 4-9:015:009, (3) 4-9:015:010, (3)
5-1:001:003, (3) 6-1:001:001, (3) 6-3:001:005 (por), (3) 6-3:001:007 (por), (3) 4-
9:001:007 (por), (3) 4-9:013:001 (por), (3) 4-9:014:001, (3) 4-9:014:003, (3) 4-
9:014:004, (3) 4-9:014:005, (3) 4-9:014:008, (3) 4-9:014:009, (3) 4-9:014:010, (3)
4-9:014:011, (3) 4-9:014:013, (3) 4-9:014:014, (3) 4-9:014:017, (3) 4-9:014:020, (3)
4-9:014:021, (3) 4-9:014:022, (3) 5-1:001:005, (3) 5-1:001:019, (3) 4-9:001:007
(por), (3) 4-9:012:041, (3) 4-9:012:005, (3) 6-3:001:002 (por), (3) 6-3:001:003, (3)
6-3:001:004 (por), (3) 6-3:001:006, (3) 6-4:001:056, (3) 1-3:007:001, (3) 1-
3:007:006, (3) 1-3:007:007, (3) 1-3:007:025, (3) 1-3:007:026, (3) 1-3:007:027, (3)
4-1:006:005, (3) 4-1:006:001, (3) 4-3:010:009, (3) 4-4:014:009, (3) 4-4:015:001
(por), (3) 4-4:015:002 (por), (3) 4-4:015:005 (por), (3) 4-4:016:003, (3) 4-4:015:001
(por), (3) 3-8:001:001 (por), (3) 4-4:016:001 (por), (3) 1-4:003:017, (3) 1-4:001:004,
(3) 1-4:090:014, (3) 1-4:034:026, (3) 1-4:034:027, (3) 1-4:003:008, (3) 1-8:012:001,
(3) 1-8:009:019, (3) 1-8:009:020, (3) 1-8:010:045, (3) 1-9:001:004, (3) 4-4:016:005
(por), (3) 3-8:001:001 (por), (3) 8-7:012:002, (3) 8-7:012:005, (3) 8-7:012:006, (3)
8-7:001:003, (3) 8-7:001:008, (3) 8-9:001:002, (3) 8-7:001:001, (3) 8-7:001:012, (3)
2-4:008:001 (por), (3) 2-4:008:006 (por), (3) 2-4:008:008 (por), (3) 7-4:001:007, (3)
7-5:014:008, (3) 2-4:008:001 (por), (3) 2-4:008:005, (3) 2-4:008:006 (por), (3) 2-
4:008:010, (3) 2-4:008:022, (3) 2-4:008:001 (por), (3) 1-1:001:001 (por), (3) 1-
1:001:001 (por), (3) 8-8:001:005, (3) 8-8:001:006, (3) 8-8:001:007, (3) 8-8:001:008,
(3) 8-8:001:010, (3) 8-8:001:011, (3) 8-8:001:012, (3) 3-7:001:012 (por), (3) 8-
9:006:001, (3) 8-9:006:002, (3) 8-9:006:014, (3) 8-9:006:017, (3) 9-1:001:002, (3)
9-1:001:003 (por), (3) 9-1:001:006 (por), (3) 9-1:001:007 (por), (3) 4-4:015:011, (3)
4-4:015:009 (por), (3) 4-4:015:010, (3) 1-8:012:003, (3) 1-9:001:001, (3) 2-
4:008:009, (3) 2-4:008:019, (3) 2-4:008:021, (3) 2-4:008:025, (3) 4-9:013:001 (por),
(3) 6-1:001:001 (por), (3) 6-2:001:001, (3) 6-2:001:002, (3) 6-3:001:002 (por), (3) 6-
3:001:004 (por), (3) 6-3:001:005 (por), (3) 6-3:001:007 (por), (3) 2-4:008:023, (3) 8-
6:001:003.

And

Request approval of Declaration of Exemption from Chapter 343, HRS environmental compliance requirements for the project.

And

Request for delegation of authority to the Chairperson to negotiate, approve, and execute Memorandum of Understanding, Right-of-Entry and Release of Liability agreements, for the Big Island Resource Conservation & Development Council, Inc. for the management of natural area reserves and forest reserves on Hawaii Island.

3. Request approval for the selection of the Competitive Sealed Proposal process and  authorize the Chairperson to award, execute, amend, and extend contracts for the implementation of Forest Stewardship Program management plans and projects that support climate mitigation and forest resilience.

4. Request delegation of authority to the Chairperson to negotiate, approve, execute, amend, extend, and terminate a Memorandum of Agreement between the State of Hawai’i Department of Hawaiian Homelands and the Department of Land and Natural Resources for the collaborative implementation of management practices for climate mitigation and forest resilience, subject to Department of the Attorney General’s Approval as to Form. [Testimony – 2/27]

5. Request delegation of authority to the Chairperson to negotiate, approve, execute, amend, extend, and terminate a Memorandum of Agreement between the State of Hawai’i Office of Hawaiian Affairs and the Department of Land and Natural Resources for the collaborative implementation of management practices for climate mitigation and forest resilience, subject to department of the Attorney General’s Approval as to Form. [Testimony – 2/27]

D. LAND DIVISION

1. Amend Prior Board Action of October 11, 2024, Item D-3, Approved as Amended, Set Aside to the Department of Agriculture, Pursuant to Act 90 Session Laws of Hawaii 2003, for Pasture, Intensive Agriculture, and Apiary Purposes on the Island of Hawaii, See Exhibit B for List of Tax Map Keys to be set aside. Exhibit 1.

The purpose of the present amendment is to correct an error in the identification of Revocable Permit S-7653, Parker Ranch Inc., Permittee, TMK: (3) 6-2-001:011. In the submittal this revocable permit was erroneously shown as Revocable Permit S-7643.  [Testimony – 2/26]

2. Revocation of Revocable Permit No. S-7885, Dora Lee Rudolph, Permittee, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-1-007:022.

3. A. After-the Fact Consent to Assignment of Grant of Non-Exclusive Easement No S- 5342 for Revetment Purposes, Pupukea, Koolauloa, Oahu, TMK: (1) 5-9-001:038 portion, as follows:

1) From MARTIN A YESTER, aka Martin A. Yester, Assignor, to MARTIN A YESTER, TRUSTEE of the Martin A Yester Revocable Living Trust under that certain unrecorded Trust Agreement dated April 23, 1992, as amended and restated, Assignee;

2) From MARTIN A YESTER, TRUSTEE of the Martin A Yester Revocable Living Trust under that certain unrecorded Trust Agreement dated April 23, 1992, as amended and restated, Assignor, to CRAIG YESTER and DAVID YESTER, Assignees, as to an undivided 0.62% interest, as tenants in common.

3) From CRAIG YESTER, Successor Trustee of the Martin A Yester Revocable Living Trust under that certain unrecorded Trust Agreement dated April 23, 1992, as amended and restated, CRAIG YESTER, and DAVID YESTER, Assignors, to CRAIG YESTER, Successor Trustee of the Martin A Yester Revocable Living Trust under that certain unrecorded Trust Agreement dated April 23, 1992, as amended and restated, Assignee, as to Unit 401 as shown on Condominium Map No. 5555.

4) From CRAIG YESTER, Successor Trustee of the Martin A Yester Revocable Living Trust under that certain unrecorded Trust Agreement dated April 23, 1992, as amended and restated, CRAIG YESTER, and DAVID YESTER, Assignors, to CRAIG YESTER, Successor Trustee of the Martin A Yester Revocable Living Trust under that certain unrecorded Trust Agreement dated April 23, 1992, as amended and restated, Assignee, as to Unit 401A as shown on Condominium Map No. 5555;

and

5) From CRAIG YESTER, Successor Trustee of the Martin A Yester Revocable Living Trust under that certain unrecorded Trust Agreement dated April 23, 1992, as amended and restated, Assignors to CRAIG YESTER, Assignee.

B. Amend Grant of Non-Exclusive Easement No. S-5342 by:

1) Updating the Insurance Provision to the Current Standard Provision used by the Department of the Attorney General; and

2) Allowing the easement to “Run with the Land,” Specifically with the Abutting Property Identified as Tax Map Key: (1) 5-9-020:064.

E. DIVISION OF STATE PARKS (SP)

1. Approval to Issue a Revocable Permit to Hawaii Island Art Alliance for Educational and Commercial Use Purposes, Wailoa Center, Wailoa River State Recreation Area, Hilo, Island of Hawaʻi, Tax Map Key: (3) 2-2-013:003 (portion); and

 Declare the Issuance of Revocable Permit Exempt from the Requirements of an Environmental Assessment under Chapter 343, HRS and Title 11, Chapter 200.1, Hawaiʻi Administrative Rules

[Testimony – 2/26, 2/27]