Administrative Rules – Pilina-based Priority Waitlist & Homestead Lessee Leave of Absence

TWO PROPOSED ADMINISTRATIVE RULE AMENDMENTS

(1) ESTABLISH A PILINA-BASED PRIORITY WAITLIST 

From 2020 to 2024, DHHL has engaged in planning processes to develop new homestead communities in rural areas across the state on several islands in which there are existing Hawaiian Home Lands.  DHHL heard a consistent and strong call to develop a pilina-based policy of awarding homestead leases to native Hawaiian beneficiaries who have a connection (pilina) to that wahi (place). These rural communities expressed the need for this policy because maintaining a continuity of settlement by beneficiaries who have a relationship to the area creates a solid foundation for the individual success of the future homestead lessee for several common reasons: 

• Having familial connections and a strong network of family members and/or close neighbors is critical to the success of the future homestead lessee and his/her family during times of need; 

• Future homestead lessees that have collected knowledge of the place either through their own keen observation of the wahi and/or by knowledge passed down by their kupuna, better understand how to sustainably manage resources and successfully live in these remote areas. 

HAR section 10-3-12 governs the waitlist for homestead leases. DHHL proposes to amend section 10-3-12 to establish a Pilina-Based Priority Waitlist for the reasons above. 

(2) ESTABLISH HOMESTEAD LESSEE LEAVE OF ABSENCE GUIDELINES AND POLICIES 

Pursuant to section 10-2-16(b)(4) of the DHHL administrative rules, the Chair of the DHHL has the delegated authority to approve leaves of absence.  However, the rules lack specific guidelines or policies governing leaves of absence. 

The HHC has tasked the DHHL to undertake the process of amending the administrative rules to ensure clarity and enforceability of leaves of absence approved by the DHHL. 

Historically, leaves of absence have been approved for lessees required to be off island for reasons such as: 

1. Military deployment 

2. Temporary relocation by an employer or religious organization 

3. Medical treatment 

4. Pursuing higher education 

5. Health and safety concerns 

Leaves of absence are typically granted for up to 12 months, with the option for the lessee to request for extensions beyond the initial period which will be the Chair’s discretion whether to approve.  

In addition to a lessee being directly impacted, the DHHL is proposing to allow leaves of absence in situations where a lessee’s qualified relatives named in section 209 of the HHCA are also directly impacted by those reasons noted above.  Additionally, the DHHL is seeking community input on other factors that should be considered and evaluated for leaves of absence requests. 

PUBLIC HEARINGS SCHEDULED

The Department of Hawaiian Home Lands (DHHL) will conduct a virtual public hearing and a hybrid public hearing that provides both in-person and virtual participation. The purpose of the public hearings is for DHHL to receive oral and/or written comments on proposed administrative rule amendments that will establish a Pilina-Based Priority Waitlist for Hawaiian Home Lands homestead lease awards.  

An Informational Briefing will be held as an introduction, before the formal public hearing begins, in order to explain the proposed amendments and answer questions. DHHL will then start the public hearing to receive testimonies.  During the public hearing, DHHL can only receive testimony.

Description of Proposed Amendments: DHHL is proposing amendments to Hawai‘i Administrative Rules (HAR) Section 10-3-7 Priority and Preference for Award of Leases, and is adding a new Section 10-3-12 Awards to Applicants Who are Lineal Descendants or Previous or Existing Residents. The proposed rule amendments establish a “Pilina-Based Priority Waitlist” for each homestead area where homestead leases will be awarded.  Before DHHL awards homestead leases, it will notify all applicants on the respective islandwide waitlist (agricultural, residential, pastoral) that the Department is accepting applications for the Pilina-Based Priority Waitlist for the homestead area. To qualify for the Pilina-Based Priority Waitlist, existing  applicants must document and DHHL must verify that the applicant is:

1. A former or current resident who has resided in the area for at least 18 years; or

2. A Lineal Descendant with ancestors who resided in the area prior to 1900. 

If the applicant’s documents are verified by DHHL, the applicant will be placed on the Pilina-Based Priority Waitlist by date of application.  When DHHL awards homestead leases, if an “Area Waiting List” exists, homestead leases would be awarded first to those on the Area Waitlist.  When the Area Waitlist is exhausted or if there is no Area Waitlist, DHHL will award homestead leases to applicants on the Pilina-Based Priority Waitlist.  If the Pilina-Based Priority Waitlist is exhausted, DHHL will award homestead leases to applicants on the respective Island-wide Waitlist.

This rule amendment gives preference to lineal descendants and long-term residents of the homestead area when homestead leases are awarded. This rule is intended to award 99-year homestead leases to applicants who have ancestral ties to the homestead area. This amendment supports the continued presence of family lines on their ancestral lands so they may strengthen their pilina to place, exercise their kuleana and knowledge of natural and cultural resources, wahi pana, cultural traditions, and practices.  Maintaining family ties to their ancestral lands strengthens family networks, preserves cultural knowledge, and promotes successful homestead settlement.

RESOURCES

• Administrative Rule Amendments to Create a Pilina-Based Priority Waitlist

MEETING HANDOUTS

• Presentation PowerPoint Slides
• Proposal #1 – Proposed Pilina-Based Priority Waitlist Rules
• Proposal #2 – Leave of Absence Handout
• Statewide Meetings
• Beneficiary Exit Comment Sheet (email to [email protected])

CONTACT INFORMATION

For more information, please contact:
[email protected]

BENEFICIARY CONSULTATION