Administrative Rules: Future Issues and Questions Policy Development (30-Day Comment Period)

Administrative Rules: Future Issues and Questions Policy Development (30-Day Comment Period)

Since August 2011, the Hawaiian Homes Commission Ad Hoc Committee on Administrative Rules has considered a series of policy issues related to the implementation of the Hawaiian Homes Commission Act through rules.  The commission plans to continue this process on a series of other policy issues.

On March 19, at the regular meeting of the commission, the Committee on Administrative Rules announced this opportunity for comment on issues to be considered at future commission meetings.  The input and ideas gathered from the public will assist the committee in forming sound policy to implement in the department’s administrative rules.

We ask that you consider the following issues and questions, and provide constructive input to be considered in the development of these policies. This is an initial effort to receive basic input and ideas and is not a substitute for beneficiary consultation (which will occur once rule amendments are drafted).

Please provide your comments through our website by 4:30 p.m. on Tuesday, April 24, 2012 (Comment form, below).

POLICY ISSUES

Mutli-family Housing

The Act authorizes the department to develop and construct single-family and multifamily units for housing for native Hawaiians.  The Act requires the department to dispose of these units pursuant to rules adopted.

Rentals

The Act authorizes the department to develop rental units as an alternative to homeownership on a homestead lot. The Act also requires that the method of disposition of rentals, with regard to the development and construction of single and multifamily housing units, shall be prescribed by rules.

Declaration of Conditions, Covenants, and Restrictions

The Act authorizes the department to apply conditions, covenants, and restrictions as to the use and occupancy of the homestead units.  These conditions are designed to maintain health and safety standards in a homestead community.  Existing communities with these conditions include Princess Kahanu Estates, Maluohai and Kaupea (in the Villages of Kapolei), Villages of Leialii, and Lai Opua.

Project Developer Agreements

The Act authorizes the department to enter into and carry out contracts to develop available lands (that is, lands not currently used for homesteads) for homestead, commercial, and multipurpose projects.  If no state funds are used in the development of the project, the department is not required to adhere to competitive bidding.

Planning System

The Act authorizes the department to award homestead leases to native Hawaiians, develop housing units, and manage available lands.  To effectively manage these authorities, the department is required to develop a series of plans including general plans, island plans, regional plans, and plans for special projects.

Beneficiary Consultation

The Act authorizes the department to award homestead leases to native Hawaiians, develop housing units, and manage available lands.  To effectively manage these authorities, the department consults with applicants and lessees to gather feedback to guide the commission and department in their decision making.  The existing policy on beneficiary consultation was adopted by the commission in 2009 and ensures that decisions are not made on the spot, but over time, in a larger policy, program, or geographic (regional) context.

Agricultural Homesteading

The Act authorizes the department to award homestead leases to native Hawaiians for agricultural uses. To effectively manage this authority, the department must implement certain policies related to the allowable uses of agricultural homestead lots, farm plans, varying capacity levels of farmers (e.g., subsistence, supplemental, commercial), and the subdivision of agricultural homestead lots.

Pastoral Homesteading

The Act authorizes the department to award homestead leases to native Hawaiians for pastroral uses. To effectively manage this authority, the department must implement certain policies related to the allowable uses of pastoral homestead lots, ranch plans, varying capacity levels of ranchers (e.g., subsistence, supplemental, commercial), the subdivision of pastoral homestead lots, and the future development of pastoral lots.

QUESTIONS

Consider the following questions that may be applicable to each issue:

  • Should this issue be a priority for the department?  Why or why not?
  • If you have experience with this department program, are you satisfied with the existing policies on this program/issue?  Why or why not?
  • What considerations should be given when developing new policies on this issue?
  • Does this issue support the trust and its mission (enabling native Hawaiians to return to their lands, assuring long-term tenancy to beneficiaries, in order to fully support self-sufficiency and self-determination of native Hawaiians)?  Why or why not?

NEXT STEPS

Following the 30-day comment period, the Hawaiian Homes Commission Ad Hoc Committee on Administrative Rules will consider the input and ideas received during the comment period and will coordinate with staff to form a policy recommendation for the Hawaiian Homes Commission.  At each monthly regular meeting, the commission will announce a preliminary recommendation for the issue(s) to be considered at the next regular meeting of the commission.  Beneficiaries and the general public will be permitted a 14-day comment period to provide input on the preliminary recommendation(s).

The comment period had closed.