Senate Standing Committee on Water and Land

Good afternoon and aloha to everyone. Today is Wednesday, March 12, and this is the Committee on Water and Land. On its agenda items, the hearing notice for 1:00pm and this is not Good Morning Monday or Aloha Friday, but we're in the middle of the way doing the people's work and all of those here, we welcome you.

Just some clearinghouse things, housekeeping. For those who are testifying, we ask, and this includes those on on Zoom, that you stand on your written testimony or limit the testimony to two minutes. However, we're exempting our directors for the agencies also not to abide by the two minutes because we enjoy their presence today.

For deliberation and questions from Members of the Committee as well. The live and archival video of this hearing can be found on the Senate's YouTube channel. Decision making will follow the hearing from all of those present today and the agenda items. We will proceed with GM530.

And this is submitting for consideration and the confirmation to the Board of Land and Natural Resources, the nominee, Karen Ono, for a term to expire June 30, 2028.

And let me say for all of you and for transparency sake that if I had an opportunity to recommend, I would say, oh, you know what, they're all great, let's just do one motion and approve everybody.

Because we appreciate the volunteerism of all of those that are here today and the Committee appreciates the efforts of this agenda item. I mean, they're all great people.

And so however, just because we have to do the people's work and transparency sake and the opportunity for those on Zoom Land as well, to hear what we're doing with the people's work here at the Capitol. So GM530, DLNR.

Aloha chair, vice chair and members of the committee, I greatly appreciate the opportunity to stand in support of the nominee, Karen Ono. She has served one term on the Board of Land and Natural Resources. She is probably one of the most prepared members of the board. She reads all the materials, she asks the right questions.

So she is- We greatly support her nomination to serve another term. She serves the people of Hawaii, but also the people of Hawaii very well. So if you have any questions, I'll be available.

And just to add that Ms. Ono is the representative from- from Kauai.

That's correct.

As well. And members, since we only have one DLNR nominee on this measure, feel free to ask questions of the chair as well. And really, if you want to know more about the board, you know, she's made herself available, please feel free to ask questions.

Thank you so much, chair.

Alright. You're welcome. We've received support from many on GM 530. The Office of County Clerk, Council Services Division, County of Kaua' I. Delicia Cowden, a council member as well. And let me add to Clayton Kubo. Are you on? Zoom IT.

Aloha. Clayton Kubo, Waimea, Hawaii. I strongly recommend--

Fishing on the boat today.

No.

Okay.

I haven't been fishing for a while, but it's all good.

Alright. Okay.

Can I start my testimony?

Sure.

Clayton Kubo, Waimea, Hawaii. I strongly in favor of Karen Ono nomination to the DLNR. Mahalo nui. Aloha.

Okay. Aloha. Thank you. Godfrey Akaka, Native Hawaiian Gathering Rights Association. And these are matter of fact, we have 22 support. No oppositions in support. Godfrey Akaka. Okay. Pua Chin Apui Maka Aina o Makana, Joel Guide Hanalei Initiative testing for- testifying for Kauai Visitors Bureau. And our friend Sue Kanoha Kanoho as well.

And there's many other supporters for GM 530. Okay. It's our opportunity to call Karen Ono. GM 530. And again, I'd like to say on behalf of the committee as well, thank you for your service as well as the opportunity to have your representation on the board and the testimony from Chair Chang as well.

So thank you. Good afternoon, chair, vice chair and members of the committee. My name is Karen Ono. I've served on Board of Land and Natural Resources now for a couple of years under Chair Case as a replacement from Tommy Oy, whose term had expired. And now this is my first term coming on as four years.

So it has been a learning experience, learning everything from mauka to makai and in between, land, water, fish, birds, you name it, we've done it. I'd be willing to answer any questions that you guys have.

And we're thankful- we're you know, thankful for the questionnaire that we had sent you as well. And again, I add that, you know, we're very pleased, you know, with the nomination and the submittal.

One of the things that I'd like to mention is that coming from the. And Senator Chang is in housing a lot. I came from the realtor organization that I served for 42 years on.

So sitting on the BLNR and learning everything that is within the land and the water has a tie to real estate in every single way. So I think that's something that I bring forward.

And I try to educate as much people as I can about the issues that are coming up and where to go, point them in the right direction. So thank you. Thank you for the opportunity.

Well, that's matter of fact. And we thank Senate President for, you know, nominating the recommendation that you apply and be part of the board. Is that so coming from the realtors industry and sitting on the on the board. BLNR.

Is there anything that and I think it's something that I've shared with several nominees from other jurisdiction as well that hopefully that what you- what you see that's in current statutes and if some of the old laws that have been sitting around, you know, make sure that there's a time when you all can participate and see if you can probably make recommendations to get all of these old laws that shouldn't be there in statute anymore, an opportunity to come back to the Legislature and make some amendments to the stat- to the statute and to the consignment.

Because it's sometimes that we on our side of, you know, government, the Legislature, you know, and sometimes somebody would come up and say, well, if you're looking at approving of any items before us, you know, someone will say, well, matter of fact, that's not what the statute says, you know. And so sometimes there is a conflict with what's happening now in this century.

And you have these old laws and it could be, as far as I'm concerned, I think, a little burdensome to the administrators of that division that then have to think about it. And maybe they say, oh, what laws are you talking about?

And we could be challenged too, that sometimes we make decisions not knowing that there's this old law that's been sitting there, but, you know just a reference because you guys are representing the community and the people. It's different from the administrative side.

And hence there are a lot of the administrations or the agencies that have been doing this from time to time.

But sometimes it's good to take a break and work on those things as well, because even with developments or real estate, you know, some things could be different from what it's current in which, you know, the divisions are looking at laws that pertain to us in this century. But then what's happening with these old laws.

So, you know, it it's something that perhaps can be on the table, you know, going forward and look at things of that nature. Any questions of this? Good. Senator Chang.

Thank you Ms. Ono. You know, for a number of years now, I've expressed my concerns with your Department. You talked about your background as a realtor. And as you know, DLNR owns a large land portfolio, including valuable land around the East Kapolei Rail station.

And your department has for many years now planned to develop that land into revenue generating commercial space, including warehouses instead of desperately needed affordable housing. Do you believe that that is the highest and best use of your department's land portfolio near the rail stations?

Okay, first thing, I'm not a realtor. I used to work as the Executive Director of the Kaua' I Board of Realtors and we don't have any kind of mass transit on Kauai, so I really couldn't answer that question.

I mean we do have housing shortage on Kauai as well, but I think it, it's a little different than what it is here on Oahu. Is it the highest and best use of the land for transit? I think everything works hand in hand.

Infrastructure is really important for housing and so it can't just be one department over the other. I think we all need to work together and maybe that's something the Chair can answer.

Yeah, let's hear- let's hear from the chair as well, assemblymember, if you also want to add more to the question.

Yeah, well, I'll just note that I've been voting against nominees who have expressed their support for this land use plan and I will be listening carefully because my support for all DLNR nominees is contingent on this.

And in other words, I think your question, senator, has to do with a lot that's planned for the TOD areas as well.

That's right. I don't think we should be using land for warehouses that could be used for desperately needed housing near our rail stations.

Yeah, chair, can you, can you move your, move the mic closer. Thank you.

And I appreciate the question, senator, because you have been very consistent with all of our nominees asking that question. DLNR's proposal is more than just warehouses. It is, we're planning to build affordable housing there, getting a developed to work with us.

But those are, you know, the department staff will put together a board submittal to be submitted to the Board of Land and Natural Resources. So we have not submitted anything to the board for their consideration at this time. But we understand HCDA has been looking at that property. So has DHHL been looking at that property.

But I will tell you that we are working very closely. So for example, on the island of Kauai we have been working with the- with the County of Kauai to make available state lands for affordable housing.

So wherever we can, we are trying to make available state lands for affordable housing because we know that that is probably one of the highest costs associated with housing is the cost of the land. So. But we've not presented anything before the board for their consideration. But the department is also revisiting the.

What is the appropriate use and perhaps because we also have to face the fact that DLNR, we have to find, generate sufficient revenues to take care of all of our departments. But I hear your question and I appreciate the consistency in asking all of the nominees that question.

Yeah. Any further questions?

Has the department's position changed since we last addressed this subject on these, on these parcels?

We have done. We're currently in the planning stage, the environmental impact assessment, and it includes affordable housing as well as commercial use of the property.

Madam Chair, I'm going to have to note my, you know, at least my strong reservations with this nomination based on these answers.

Okay. And senator, you can take that out on the department because we're not. We've not asked the board members at this time to take a position on that.

Thank you. But with respect, the board members are the ones who instruct the department.

Yeah. Thank you. Thank you, Chair, for, for being here as well. Senator DeCorte. Thank you.

Thank you, Chair. Karen, thank you so much for being here. Thank you for making the investment to fly over to be in person. I do think that it's important when nominated to come before the committee in person, show your seriousness.

And obviously you've been very committed and it seems, according to Chair Chang, that you are very diligent in going through the paperwork most recently, and I'm not sure if you can answer this question or not, but most Department of Agriculture was had transferred over a pretty significant portion of Department of Agriculture land to DLNR.

And so I'm not sure if you maybe have may or may not have taken a position on this, but I seem to have similar concerns to Senator Chang as far as the management of these lands and if the Department can actually handle a significant increase of Department of Agriculture lands into Department of Land and Natural Resources lands.

So I'm not sure if you can respond to that.

I can. Okay. From- From my position, and I think this is from other members as well. When the first recommendations came up in compliance with Act 90, the transfer of lands from DLNR to Department of Ag, we did question the authority and how much could the Department of Ag actually, how could they manage the land?

And we still ask that question till today. As far as the housing question. Hope that answers your question. As far as the housing question for Senator Chang, we have not. We, as a board member, like Chair Chang said, we have not heard anything about it.

So I really couldn't say anything about the housing issues that are coming up in the TOD area.

It's a little premature at this point in time. Senator DeCorte, does that answer your question? Senator Elefante?

Yeah. Thank you. Congratulations, Ms. Ono, on your appointment and your willingness to continue serving. And thank you also for making the time to meet with me as well. The only question I have is specifically dealing with Department of Defense leases or possible exchange of lands as they come up for renewal.

Has the board, in your capacity, have conversations relating, you know, as we approach some deadlines that are looming and working with Chair Chang and DLNR, what have those conversations been and sort of. What are your thoughts behind that?

Thank you. We have had Department of Defense. Well, army that came into us and actually gave us two presentations already, informational briefings. We've had the opportunity to go to Poakaloa and visit their site, tour the grounds on, actually. Yeah. On the Big island and see what they have done as far as clearing the land goes.

Now, I was a little shocked to see over the news yesterday about the clearing of DHHL land on Kauai from previous, I guess, exercises that was done on PMRF land and it was privately being cleaned by DHHL and Jack Carter helicopters. And that was-

that was actually shocking to me to even hear about that because I had no clue about that. And evidently it's debris that has been there for 60 years. So I have attended PMRF's environmental sessions and again, reading the environmental report and then meeting with them was not the same.

So there's a lot more discussions that need to be done.

Okay, so discussions are sort of ongoing, but have started. Yes. Thank you.

Thank you. Thank you, Madam Chair. Just to add that there is nothing on the agenda of- of the administration's BLNR agenda item that would take action for decision making at this point. Nothing.

And that's thankful to the members of the board that have arranged to visit sites and actually get educated prior to any decisions before it comes to the board. Okay, thank you. Thank you so much. Any other questions? Okay. Having said that, thank you again for all the nominees.

We'll go through this process first and then decision making will be made all at the same time at the end. So thank you so much as well. Let's proceed to GM 582. And this is submitting for consideration and confirmation to the Natural Area Reserves System Commission and nars, as we know, the nominee of J.

Penniman for a term to expire June 30, 2028. Okay. And we will have. Who's representing the agency? I don't see Emma here stepped out. Okay.

Chair yes. Yes. So we have submitted testimony and we're going to stand on that testimony. And we're available for any questions you may have, either staff or the applicant. Okay. Thank you very much.

Thank you. Chair as well. And for Jace, he is from Haiku, Hawaii. And let's then call on we have testimonies in support from Hannah Bernard of the Hawaii Wildlife Fund, as well as Mary Santa Maria and Beryl Bleach. Okay. With that said. Yeah. It's called Jaya. Good to see you. Aloha.

And we are happy, as I did mention earlier, that all of our nominees today are just super candidates and we, I personally support all of you who contribute your time. Good to see you, Jay.

Aloha, Chair, Vice Chair. Members of the Committee, thank you for your kind words. I'm happy to continue in service and answer any questions that you may have.

Have there been in your role as of the nomination can add to the work that you've been doing for NARS as well. Enjoying the work and any obstacles that you might recommend that we continue. And here's Emma. Yes, come on up, Emma. Yes. And Chair did stand up to confirm and extend the agency's recommendation. Oh, great.

Thank you. You've been the leader of the agency as well and we also want to thank you for your service all these years and you're the leader of all the nominees that we present to you. Can you add to Jay?

Yeah. We really are grateful that he wants to serve in the NARS Commission. We have had a bit of issues because the position that manages the NARS Commission was abolished a while back. So we have very little staff capacity to actually fill the seats and, and keep it going.

So we haven't met too often, but we are going to try to do our best and keep it going.

That's well, challenging times. But for the NARS work, it seems like it's rather important at this time going on with what's happening with everything that has to do with global warming and forestry and everything around it. And so hopefully that, you know, we can continue to provide the resources, you know, for the agency as well.

But we thank you for all you do as well. Yeah. Okay. All right, thanks, Emma. Any questions? Senator DeCorte.

Thank you, Jay, so much for being here and congratulations on your nomination. My only question is what do you hope to accomplish if confirmed into this position?

Thank you for that question. That's a very good thing that we have this Commission to work with staff when looking at properties and evaluating policies and management actions that happen on them.

And it's been a really good four years working with the Commission as it stands now, good numbers, being able to give good input to the agency to help with recommendations for the board in making decisions. And I think continuing on that is what I would hope to accomplish.

Okay. If there was one area you could focus in on improving, what would that be?

I think Emma referenced it quite clearly, is that the capacity of the nars, the natural area of protection and management, has been limited by not having the fully funded to be able to really include as much of the Commission's work as could be included and has been in the past.

So advocating for more funding to be able to improve on those areas.

Indeed.

Okay. Very good. Thank you very much. Thank you, Chair.

Okay. Thank you. Any further questions, members? Just to kind of educate us, Emma, and for those that are on zoom and watching our hearings today. Now you're also responsible for legacy lands area, right? The Commission.

So between the NARS and legacy lands is pretty much an under the legacy lands program, which is a big support of DLNR for many, many years now.

It's what's a little concerning to me that has nothing to do with the agency as we speak, but with regards to the comments we've heard as well, and I do know that the division and the Director for DLNR has always been in support for us to consider making sure that we have lands protected and be part of the state's program to make sure that we continue our purchasing of lands to make sure that it remains within our system of protection.

Now, interesting that I'm not sure if you guys have been following, but there is a state, there is a Senate, I mean a House Bill that we'll be hearing on Friday, which I'm sure that you guys will be I hope you'll be there, which a little concerning to me because if we're looking at because the funding that comes to you is coming from the Bureau of Conveyances, what do we call that the conveyance tax.

And the conveyance tax is the subject of the income that supports the legacy lands purchase program as well.

And now if you look at the bill before us, it's going to probably look at increasing the conveyance tax, but also over time that it'll take out the percentage that we look at the conveyance tax that goes to you folks.

And the legacy lands actually will be losing a lot of the funding, if I remember correctly on that measure. But we'll be hearing on Saturday, I'm on Friday. So it's a little concerning.

And so, you know, it's like the legacy lands are not contributed by the General Fund per se on the annual basis unless there's something that we need to add, you know, to a balance if there is not enough monies to from the their monies that they receive from the conveyance tax to look at, you know, areas that we should, you know, preserve, you know, going forward.

So for understanding, you know, we'll be dealing with that on Friday. But granted, you know, we are in very support. I personally and and the Committee as well is making sure. That the NARS program are always up there as well, doing their job, including the legacy and purchases, you know, as well. Okay. Senator Alafante.

Yes. Just one follow up for Ms. Yuen. So you mentioned that the position to help support NARS was abolished. So does the Department have any plan to reestablish that position to help support with nars?

I think that we would love to, but we have very few positions that we can ask for every year and we've prioritized fire positions and other positions that are really at the top of our list. So unfortunately, there isn't anything in the Executive budget that includes this reestablishment.

But so we're just trying with the existing capacity we have to keep it going on. I do want to thank you for your reference to legacy land. And we definitely have always seen that the nexus between the conveyance tax and our purchase, our need to protect land is really strong.

So we hope that we continue to have that funding source from the conveyance tax to support protecting our lands as they become more and more developed and sold and change hands. So that's really important. And I'm sure we'll be there on Friday to talk about that.

Yeah, we hope to see you. That. And I think it has been a position from, from DLNR as well on that particular bill is a little troublesome as well. So we'll debate that issue.

And why I decided to add the comments today with regards to legacy land to this position is because the nominee previously scheduled for the legacy land nomination is not on today's agenda.

But so I thought, you know, because you're with NARS and having this discussion is rather important for the Committee and it's a good time, you know, to share, you know, what is amongst our work to be done here on the Committee. So thanks so much and thank you very much for your contributions as being available to serve.

Okay, thank you. Thank you. All right, let's proceed to GM 584. And this is submitting for consideration the nominee to the Hawaii Historic Places Review Board, the nominee, Adrian Trulla, for the term to expire 06-30-20. June 30, 2028. DLNR.

Good afternoon, chair and vice chair. Dawn Chang on behalf of the Department of Land and Natural Resources, I do- and Senator Inouye, I want to thank you for recognizing all of our nominees. I mean, the department could not do what we do without all of these volunteers. I mean, landlord. They meet twice a month, and that's-

that doesn't even include preparation and then debriefing. So. So on behalf of the department, to all of you nominees, thank you so much for your willingness to stand up. I really appreciate that.

These are volunteers for all of our boards and commissions, and again, including the one that's coming at Mount Adriane for the Hawaii Historic Places Review Board. They all really provide a very important function. They help especially during these times when we're trying to protect historic properties, especially when we look at what's happening in Lahaina.

So this position, Adriane's position, as well as all the other nominees today, really assist the Department in fulfilling our mission. We could not do without them. So, again, thank you so much for hearing everyone. And I also. Adriane's here, but so is Jessica Puff, SHPD administrator, who may have more specific words to share about Adriane. Thank you.

Thank you. Mahalo. Alright, and that's Jessica. You want to come up as well?

Aloha. Good afternoon. Aloha, chair, vice chair, members of the committee, I'm Jessica Puff. I'm the administrator of SHPD. Adriane Trulock is an excellent candidate, and we are happy to support her nomination.

She's worked in the preservation field for years as a historian and will be able to provide all of her experience and knowledge to review nominations, review appeals to our board, and to advise SHPD in our preservation plan and the work that we do. So we're here for any questions that you might have.

Thank you. Thank you so much. We did receive also support from Dylan Armstrong in support of GM 584. And happy to introduce Adriane. And let me add to Jessica and Chair Chang as well.

During the interview, I actually spent a little more time with Jessica than I've had time with interviewing the rest of all of you is because I was so impressed with the qualifications, Adriane. And I'm sure, and I'm sorry I kept you longer because the, you know, historic places and everything that has to do with.

With not only historic places, but also ties in with Shipti's work as well. But also that this is one of the years that we were inundated in our committees with many bills that had to do with historic places.

And so, you know, members and to those out there, the just the background, as Jessica and the Chair Chang mentioned that the qualifications for this nominee is just outstanding. Coming from.

And I was happy that the agency found you too, because coming from a background of having served independently as part of this- part of this historic industry and the issues, coming from the private sector and working on these, the areas that fits more detailed work and being a member of the board with your background, I think was just outstanding.

So your turn now to be on- on- on the appearance here. And we thank you again for all that you have done for, you know, the industry and not only that, but also working with the agencies in your role as a private sector and a liaison, for looking at your background and the historic place issues.

You have been having contracts, working with others as well and including, I understand, work with the state, you know, in the years past or even present. But welcome.

Thank you. I don't really know what to say. Thank you. That was so kind.

Can you move the mic just a little towards. Yeah, that way so those out in Zoom Land can hear you as well.

Thank you. Thank you, chair, vice chair, committee, for having me here today. Are there any questions that, that I can answer? I don't know what else to say after that wonderful introduction.

Yeah. We just also want to hear, you know, how about how you visit or how you see your role in being a member of the commission. Now you're on the other side because now you're on the management of the program, you know, as a commission member.

Well, yeah, I mean, I think a lot of my background is very helpful here in that I have been kind of down in the details working on historic site preservation throughout the state, different kinds of historic properties, different kinds of situations for a long time.

And now I can see where, for example, National Register nominations or State Register nominations that come before this board for approval. There are things that. Qualities that some of the better ones have, for example, that then support preservation all the way down the line as part of mitigation, as part of identifying properties.

If they're not written well, then that can actually be an impediment to carrying out projects that require mitigation and things like that. So kind of knowing- knowing how the things that the board sees will work going forward in time into actual projects, actual things that happen, I think will be.

Is helpful, like kind of knowing how things get implemented on the ground and knowing how to help support a high quality of nominations. So that was kind of one aspect of it.

Yeah, I think it's helpful to have a number of different perspectives in my background having worked with agencies, having worked for private entities as a consultant, I've been in a lot of different sides of things and heard a lot of different perspectives and understand the value of hearing a lot of different perspectives going through the process.

You know. Jessica, you're headquartered with Shipti, right? Okay, come. I have a question because this has related to something that I wasn't aware of the process.

Now, as an example, you've been here long enough, I guess to know that we had some issues with our little town in Honaka' a big island that is one of the towns that I think almost the entire town of Honaka is historic. And if you have been to Honoka on the northern coast on my island.

But something that I've been because that was in my district when I was the Senator for Senate District 4.

There were processes, I understand coming from if you're looking at a historic place or as an example, there were some buildings in Honaka that were supposed to the landlords of the buildings already had said we want this building to be in the historical places.

But I understand the process, of course goes to you folks and then I understand. But it still has to go to the federal level. Yeah. And it seems like with that issue that I had to deal with, it took like months and I don't know if saw one of them had gone through years.

And my concern was that when the building was dedicated by the families, you know, I was worried because the last, I would say the last member of that family, if he dies, I mean he was of age already.

The concern was is he ever is that particular historic place will ever get into the dedication that the family wanted and the state wanted it. But why? Okay.

And one of the issues was that there was a stuck between or a delay between when the historians or the recommendation came to forward that so that the signature was on a paper and approved by the director of Shipti. That's. Or tell me if I'm wrong, then it's supposed to go to the National Review.

So do have we completed or made changes to the process of the delays that has occurred in the past?

Or can we do a probably look at and I, you know, it's something that it shouldn't be us to say whether we'll create a law to say, you know what you guys must do it and approve by the agency the direct to within so many months or so, you know, because we just want to make sure that these dedications, you know, are moved on a timely basis.

So just to hear from You. I know we're going to be. We need to make sure that we approve all of our nominees, you know, by 2:30 and we're going to make sure, we're going to get everybody confirmed today. But anyway, if you can share my concern and if things taken care of.

Sure, thank you. I can provide you with like a longer explanation, but I think that our nominees, both Adriane and Trish, who are here today, are a first step in a multi step process that our office has identified in streamlining that review process for those nominations.

When a nomination comes before our review board, it is considered both for the state and the National Registers of Historic Places. And once the review board votes in favor of that nomination, it's immediately placed on the State Register of Historic Places, so it's immediately designated.

Okay, so the state portion is done.

Is done. The next step that you're talking about is for the National Register where our office then takes that nomination, looks at it to make sure that it is complete and meets all the National Park Service requirements. And if not, we'll work with the nominator to make revisions to the nomination so that the Park Service will accept it.

And that's where we've had hangups in the past where the review board has sometimes listed a property, accepted a nomination, but the form itself has not been complete. It doesn't meet federal standards. So we, that's where a lot of the hang up is.

The- The nominator or the property owner might be confused because her property was listed by the board. Why aren't you sending it onto Park Service and trying to walk them through that process of this is where it's at. We need this, these things done in order for National Park Service to accept it.

So, so we're still trying to work out the kinks and I think with Adriane and Trish's guidance for those nominators and property owners when they go before the board, it'll help them to understand next steps and what they need to do to perfect their nomination. But yeah, sorry.

Okay, so as we. Okay, I know I need to get going, but you know, all of the nominees today, they're so outstanding and you know, the, the discussions, you know, with the agencies and all the work that you guys do is so important because we don't get to see folks often.

And so it's a good time to flush things out.

Okay, so now later on I'm sure, hopefully that you guys can make some recommendations, but we never know what this new federal president, I mean our new president will do too, hopefully that he, he doesn't have that division in parks disappear like other agencies that the Federal Government is trying to cut back as well.

So, you know, so I guess now does that mean that if you're saying the guidance that the process for the federal guidelines sometimes is too stringent for what we do on the state side, is there anything that can be done?

I think that if any, if the administration made any changes to the federal program, I think that our review board Members, they're still doing their job. They're still using their best judgment to list or list properties that on the state register, the Hawaii Register of Historic Places.

I think if the federal program were to be disrupted, it would just mean that those properties wouldn't be given that national level of that national honorific. And it would also likely mean that those properties wouldn't be eligible for other federal incentive programs for federal grants, historic preservation.

So it's kind of important though that they become part of the federal program. Then because of the grant, especially if they want to access to federal funding that requires them to be listed. Yeah.

Zero, okay. Do you have presently on your desk or somewhere in the division that has a lot waiting for you folks to complete?

I will say that I just forwarded several. I can't remember the total number. I feel like it was more than 10, but less than 20 onto the national Park Service just this week. So we are trying to move through the backlog, because we did.

We didn't have that position filled for a while either to help with the property owners. We've had it filled for a while and that person has been working on those backlog nominations.

We- did We did give you folks exact vision at CHIP Deal, many positions and upgrades of salaries as well.

Yes. And this person is one of those people that's been working on this backlog of nominees.

So we're okay then the vacancy has been filled.

Yes. And I think that we're continuing to refine that process so that we can go through the backlog and work with Park Service to make sure that maybe they aren't so harsh because our staff, our board members do, you know what they're doing. So that's a whole other thing.

Okay. Alright. Any questions, members? This is. Yeah, again, like I say, you know, for those out there, too rarely that we have an opportunity during our short 60 day session at the Legislature that we get to see all of our agency representatives. And we're just happy to have this discussion as well today. Thank you so much. Alright.

Thank you.

Thank you.

Okay. We're moving along. Thank you. All right, let's then go with the other partner of, of a GM from 584 to GM 638. And this is submitting the consideration and confirmation to the Hawaii Historic Places Review Board—the nominee, Trisha Watson, to term for term to expire June 30th, 2028. And we do have who's representing DLNR today.

Is that you, Jessica, or Chair?

Yeah, we can, we can both come up.

Yeah, yeah, we can both come up. Yes, yes, sure.

Of course, of course, yes. Again, like I say, you know, we really, we really get everybody together here. All right. Chair Chang.

Yeah. No, thank you. Thank you, Members of the Committee, Chair, and Members of the Committee. Dawn Chang, on behalf of the Department of Land and Natural Resources. Both Adrian and Trisha Watson, they provide a really nice balance on the Historic Places Review Board, both from an architectural standpoint as well as a cultural standpoint.

And so, for us to get the kind of caliber of nominees that are willing to serve as a volunteer, we greatly appreciate that. So, we stand in support of both of those nominees. Thank you.

Thank you, Chair. Okay, Jessica.

I will stand on our written testimony in support, but I think Trisha's—again, we are happy to support Trisha's nomination. She has a tremendous amount of experience working with the community. She has an amazing background in both law and preservation that I think will serve the board nicely. So, yes, we're happy to support her nomination.

Thank you. Thank you so much. All right. For GM 638 and the nominee as well, Trisha Watson, we did receive communications—about 20. No opposition. Department of Transportation sends communication in support as well as Ina Momona, Julie Au Malama Kauai, Megan Fox and Ko Olaupoko, Hawaiian Civic Clubs.

I see, okay—Auntie, are you going to speak on behalf of them or that support to our nominee has been quietly served and be a member of, of this building for umpteen years, right?

Hello my kakou. Rocky Miller....Hawaii Civic Club. We totally support Keawa Watson—we call her Keawa—because she knows she's a good, she is—she knows her stuff. She does her homework. She knows what she's doing, and she represents our people well. Appreciate you—your consideration. Mahalo.

Mahalo. Good to see you. All right. Association of Hawaiian Civic Clubs as well. And we have about 15 others in testifying. Nicholas—oh, that's another one. Okay, is, let's—Trisha, come on up. Aloha.

I don't need to like take up people's time, so.

Okay. Well.

Hi, everybody.

Aloha.

Hi, Aloha.

Okay, and thank you again for as well for serving and being available.

Just for you, Senator.

Okay. All right. And for everybody here.

Sure.

Yes. Yes. Okay. All right. Okay. Well, you're a busy person, and so, you know, it's important.

And again, as mentioned by the Chair and the Agency as well, having, you know, you with your background as well sitting on that particular board, it's so important for us to get things moving in a timely fashion and see how we can help the agency as well complete the backlogs as we've had before.

And I'm very pleased as where the division right now is moving things along and with you folks' help, we certainly appreciate that, you know.

Want me to say something—anything?

Sure, please.

Okay. Sure.

Sure.

Very quickly. So, Trisha Khalilani Watson Sprout, born and raised, Oahu. I'm actually in Senator Chang's district, so I'm a constituent. I've done CRM, so cultural resource management work for over 20 years. I own my own company. My particular interest is on the status of review board, making sure we could have potentially more traditional cultural properties.

We only have two listed in the state, most recently Mauna Kea. The first was actually Pu'a Kapolei.

And just because it came up earlier, I, I actually have worked on the TOD Project in East Kapolei, so I could just sort of point out that actually it is in the EISPN that was published on September 8, that it is for affordable housing as well. So, I think I've had a really great opportunity to see the wonderful workings of the Department.

I did personally the interviews for that CIA, so I talked to the kupuna, like Auntie Shirley Sweeney in Kapolei, and affordable housing is important, and I think the Department is responding really well to making sure they're using their land for the best and highest value and at the same time, balancing their obligations to take care of cultural resources.

So, I'm very familiar with the review process and I—as we spoke about yesterday, Senator—for me, it's about making sure boards and commissions stay within their delegated authority. So, how are we, as a board, taking in good information and making sure that we're carefully following the law and our obligations?

To Jess's point a second ago, I think one of the things we could potentially do to help with the Federal National Register nominations is ensure that as we review Board Members, when we get them on the state level and we review them, perhaps in ensuring that they're more closely aligned with the federal standards, and I think that would really help the Department do their job, so.

Great.

Happy to help.

Good. We're happy to have all of you folks recognize the need as well. I did not know you were a Sprout.

I am.

So, okay. Well, it's...

I'm married to one. I'm at least one by marriage.

Okay.

We haven't looked too closely at our genealogy because we're both Hawaiian, so. Yeah. I'm a Nipole, though, from Kohala area.

I was just going to say, because the Sprouts—this is a small town, small world with all of us. I'm from Big Island, but I know the Sprouts are Kohala.

Yes, very much so. And the Nipoles, that's why we don't...

Yes. And, and anyway, we didn't see—I didn't see—Sprout, otherwise, our conversation would have been longer.

My husband is a singing Sprout at that, so.

Oh, yes. Oh, yes. That's the Sprout family.

The Sprouts

Yes.

They're everywhere.

Yes, they are. But anyway, mahalo again, you know, for the opportunity at least, at least this point in time to speed up the process, get you guys all getting confirmed and work and agencies need help. All right, any questions? Any questions? Yes, yes, Senator DeCorte.

Thank you, Chair. Trisha, thank you so much for being here. You know, I'm very excited about your nomination. I feel like you will bring just a very deep sense of richness—cultural richness. You'll add or to what already is there.

But you definitely come with a wealth of knowledge, and I think that you'll be able to advance us and take us to the next level, wherever that is. I know you're a woman of great vision, and you have lots of fire under you. Maybe that's from the Kohala. I don't know. I think that's Kohala.

I think that's Kohala. But I will say I'm very, very excited about this nomination. Very excited to support how you will add to the Council and how you will continue to keep our native people always at the forefront, always making sure that our interests are the priority of what is being served.

So, very excited and just throwing the pitch out there because I'm also a Big Island girl. I have family from Kohala, the Casimero, so, we're singing. we're a singing family, too. So, one day we just all go say—I did not get that genealogy, unfortunately.

We can clap along.

We can play the tambourine. We'll be the hummers. We'll be the hummers. Okay, that's it. Thank you, Chair. Thank you, Trisha.

And I'm also not a kule—my grandma's a...so. Yes, yes.

Kawhi them. Okay. Sorry. Yes.

Okay. I think we'll all end up being relatives because

Don't look too close.

No. Because my Ohana or the Hawaiian side, I, I am not Hawaiian, but my kids, they're all, they're related to the Casimiro, so we were sharing that as well.

Okay, thank you so much. We'll go to our next. Okay, thank you. Okay, let's proceed then to GM503. And this is submitting in consideration the confirmation to the Game Management Advisory Commission. The nominee is Jason Sanborn for a term to expire June 30, 20208. And. Okay. GM 503, Jason Sanborn, DLNR or whoever is Jason.

And I will come.

Okay. All right.

I feel it important that the chair should be here perhaps for the nominees. Sure. But my staff are so much more and familiar with the nominees than I am. But again, I have greatly appreciated those who have been willing to serve and including on our Game Management Advisory Commission.

But I'll let Jason speak specifically about the two nominees.

Aloha. And just to let you know, we did receive a support from, I'm sure, a good friend of yours, Nicholas Vargas, to support you as well. Welcome. Aloha.

Aloha. Members also. Yeah. So Jason has been on the Gaming Commission one term already. This is renewing for his second term. We enjoyed having him on the Commission. And he. He's a licensed hunter on the east side of Hawaii Island, and so he represents that side.

He has a great communication with our staff biologists and wildlife managers on that side of the island and west side also. And so we're just really greatly appreciative to have him back on for another. Another term. And so, you know, we're trying to ramp up to have more meetings throughout the year.

Getting applications out of the boards of Commission's office was a little slow for a little bit, but we have all the Commission Members staffed in each of the chairs. We're just looking for one more person for Molokai. So as more applications come in, we'll, you know, those appointments will come forward.

And so, yeah, we're just really excited to have him back on the. The role on the. He hasn't really left the Commission. This is just, you know, renewing his status there in that term. And so, yeah, he's been a good strength for us working on management.

And I think. Jason, are you on Zoom? It is Jason on Zoom.

Not present chair.

Okay. Okay. I was notified earlier that if time permitted, he would be on Zoom. Okay. So. But we appreciate, Nick, your presence here as well. Well, in support of the. The Gaming Commission, and this is something new moving forward for. For all of us.

But it can actually, with all that's been happening and cheer, just to let you know as well. And I'm. I'm. I'm sorry that Emma has left from the, from the Division of Forestry.

Something came to a point on my island on Mauna Kea, you know, when we fenced off the areas to take properties that we use state lands, and I think the purchasing of Parker Ranch to protect the area for Paleo birds. Okay. And we fenced the entire area.

But because of what our situation has been now with global warming and what's happening with what in our century we're facing, with wildfires and things that we're faced with. And my understanding is when we got rid of the amulets, we got rid of the hunters to protect the areas as well with the fencing. My understanding.

And maybe you can check further, I understand the grasses have grown. And a concern that we had, my understanding as well, is that the pavila, of course, you know, that's. That's. I call it the bird of our life. And for Hawaii now, there has been no decline. And so from.

From what I've been presented with, people who've been watching the areas. So just to bring to your attention, because.

Speak a little bit to that, if you like.

Okay. All right. Then you probably are going to be added to some of those that we received comments just to add, you know, to that as well, to. To see how we can.

Even if we own the land, we fenced it, we try to protect, you know, our indigenous birds, but also recognizing what's happening, you know, with how we protect the grounds as well. So even if we have to get a dozen sheeps around there, the sheep climb trees to eat the birds.

So maybe we can go back to somehow. Yeah, somehow work with, you know, a mediation as to what. How now we should look at the things that we did in the state with fenced areas. Okay.

I'll make it short, but short, I give you. Yeah. We are doing a lot of fire management activities on the mountain. There's probably 30 some odd miles of roads that we're expanding and creating new fuel breaks. So if anything does happen up there, and it is still open for public hunting year round daily.

So within the fenced area. Yeah. They allowing you to get in?

Yes. Okay. Yeah.

What about the. What I shared that some of the Comments coming to our office is that the grasses are starting to get tall. Is that true?

Because of the. Yeah, because of animals being removed from the mountain, the grass is getting tall in certain areas. And so, you know, through fuel reduction project, we're going to try to, you know, deal with that situation.

So we'll make the recommendations that with the agencies and the respective, you know, divisions. Thank you. Okay. All right, mahalo. Let's proceed then on to GM701. And this is submitting for confirmation to the Kaneohe Bay Regional Council. And I would say we have both of them here, I, I believe or on Zoom.

And we'll include GM701 and GM702 because they're both on the Kaneohe Bay Regional Council. The nominees are Frederick Repoon for term to expire June 30, 2027. Also submitting the confirmation to the council, the nominee Cedric Bertlman for term to expire June 30, 2028. And DLNR for those two measures. Or. And Brian. Yes, please. So thank you.

And we can speak on both 701 and 702.

Okay, so thank you very much. Chair and Vice Chair of the Committee, Dawn Shang on behalf of the Department. Kaneohe Bay Regional Regional Council is a really important body for the Department as Kaneohe Bay is an integral part of the lot what we do.

But I'm going to let Brian, Division of Aquatic Resources administrator, speak more specifically about these nominations. Thank you. Thank you.

All right, Brian Nielsen.

Brian Neilson, administrator for Division of Aquatic Resources. I also chair the Kaneohe Bay Regional Council. Strong support for all three of the nominations. So 701, 702, 703 and I'm sorry.

Yeah, I, I missed [unintelligible] some relative of yours.

Is that your son, Jeffrey Kalahiva. Jeffrey, also known as Lincoln.

Yeah, yeah, yeah. Let's add. Sorry, I missed that one. That's my error. We're adding to the Kaneohi Bay the nominee of Jeffrey Kaluhiva. So let's speak on all of them.

Okay, so Frederick Rapun, Cedric Bertleman and Liko Jeffrey Kalihiva. All three are renominations. They've served a previous term.

All three are highly respected Members of the community and long term Members of the Kaneohe Bay community, which is very helpful in our council meetings because they know all the history and are out on the water on a daily basis and are the eyes and ears of the bay and can speak to all the different agenda items that come to the council.

All three are Very active. They attend every meeting. So that's very helpful for meeting quarters forum. So highly support the renomination of all three Members. So thank you.

Well, you know, we're rather happy that and the question I was going to bring up. So aside from Kaneohibe, when you look at our state, because I was so impressed when I came back to cheer water and land again, how active the activities and the community, how they see Kaneohibe as their treasure.

Do we have a similar probably bay or an area within our state that we could use a model like Kaneohe Bay for this activity to preserve and get communities active. And what they do is just outstanding.

Yeah. I can't think of a similar governance structure.

Honolulu, they have a very active community organization out there. Kealapua Bay. Sure. Partnering with state parks. They too have a very active in Haena on. On Kauai. So I think just about every island we have some model. Sure. Where we're working in collaboration with the community. Yes.

And I think actually they're the forerunners of all what we do in the. In the private areas. Education kind of talked about. Okay, thank you. Thank you. Thank you so much. All right. With GM701 with regards to.

To Fred, I chairs would like to note that we've received testimony of friends in support of him and we did receive from Megan Donahoe, the University of Hawaii system in support, the Koolaupoku Hawaiian Civic Club in support as well as the Koolau foundation and three individuals as well. 4701 and 4702 with regards to Cedric Bergman.

We received testimonies in support as well from a friend, Elena Bryant. And 703 Jeffrey Kaluhiva also testifying in support from the Ko Olaupoko Hawaiian Civic Club and the Koolau foundation from Mahealani. I don't see her today. Auntie Raki, give her my best. And several other individuals as well. For Jeffrey. Now, my understanding, I think Cedric and.

And Jeff is here. Right. And Fred, are you on Zoom? Okay. Aloha, Fred. Okay, since you're in Zoom land, aloha. Mahalo for continuing your role as well. I know you've been around even during COVID time. I believe and continue to serve. So we're here to welcome you finally to the Committee again.

Thank you. Happy to answer any questions.

Okay. All right, we appreciate that. But thank you again for taking the time and I know you're a busy person. So Fred and Cedric, why don't you both come up same time? Okay. Can't believe it. We can do all of your confirmations in time. Okay. All right. Moving along. Aloha.

And I know both of you have been serving already, so you're also carry over interestingly the same as and Fred and so everything all okay with Kaneohi as we spoke about hope.

So we're working on it.

Okay. Yeah. Guys and I enjoying. And anything that we can also add how we're doing on our part. Everybody can identify themselves. Yes. Yes. Okay. Why don't you.

Hello, my name is Cedric Bertleman seeking. A second term on the Kano Bay Regional Council.

Okay. All right. Now you. Both of you are carryover. So there's not much that we need to know about you because we've been. You've been around for some time now and just happy that you can continue your service as well in the. In the industry. Now I think if some of you can reflect in my years here.

I'm not sure maybe because the wahinees are all busy too. But I think this is one of the commissions that you're all male.

No, no, we actually have.

Okay. Majority male.

Majority male. Majority male. Okay.

Because I don't remember seeing any of the females yet coming up. But nonetheless, you know, you guys are doing the heavy lifting and certainly we appreciate your gatherings and your contributions as well. So again, thank you Members. Any questions of both you do? No. Okay. I think we're all happy with the work you guys are doing. Okay.

Mahalo. And. And mahalo, Jeffrey. Yes.

Cheers, GM.

No, what happened with. Yes, what happened? Yeah, sorry. With the GM585. He was on the agenda and it was deleted is because he couldn't make the date as well. But we're accommodating him, I believe on. Was it Monday? No. Anyway, one Monday. Yeah. Yeah. Just couldn't make it in time for today's session. So.

Okay, Members, we're ready to do our completion of the Water and Land Committee with regards to the agenda of March 12th. And let's see. We will not go into recess because we just love our nominees here today. Like I said, we could have taken care of everybody all in one motion, but nonetheless. Okay, you guys are ready?

Okay. Is Senator Chang returning? Well, we have a quorum. Let's move along. Okay. The Committee on Water and land is going into decision making on its agenda items. The hearing notice of Wednesday, March 12. Members, the chair's recommendation on. Let's see. Do you know what? It's all the same. Let's be a little more efficient.

The chair will Read all of the nominees per item and we will do this in one motion because the recommendation is going to be the same Chair's recommendation for GM530 and this is the nomination of Karen Ono for a term to expire June 30, 2028 for GM582 the confirmation to the NARS Commission the nominee Jay

Penniman for term to expire June 30, 2028. GM584. The confirmation to the Hawaii Historic Places Review Board. Nominee Adrian Trock for term to expire June 30, 2028. GM638. Consideration and confirmation to the Hawaii Historic Places Review Board. Nominee Trisha Watson for term to expire June 30, 2028. GM 503. Confirmation to the Game Management Advisory Commission.

Nominee Jason Sanborn for term to expire June 30, 2028. GM701. Confirmation to the Kaneohe Bake Regional Council Nominee Frederick Repoon for term to expire June 30, 2027. GM 702. Confirmation to the Kaneohe Bay Regional Council Nominee Cedric Bertleman for term to expire June 30, 2028. GM 703.

Confirmation to the Kaneohe Bay Regional Council Nominee Jeffrey Kaluhiva for term to expire June 30, 2028. The chair's recommendation is is to advise and consent all of as forth said to the nominations for their terms is to advise and consent which means that you are all being recommended to confirm to pass.

So we use the term differently from bills. So this is to advise and consent from the from our Committee to the designated periods of time recognizing their GMs. Okay. With that said, any discussions and ready to vote all in one measure.

And Members, if there's your vote that's different then you can note which particular one will be on either a reservations or a no vote. Okay? With that said, yes, Senator Chang.

Thank you. Madam Chair. Please note my reservations on GM530.

Okay, so noted. All right. Okay. Any discussions hearing? None. Vice Chair for the vote.

Okay. As previously mentioned by Madam Chair, recommendations to advise and consent on those listed on today's calendar. Noting the eyes of reservations on GM 530 for Senator Chang. Any other reservations? Any no votes? If not Madam Chair, your recommendations are adopted.

Okay. Congratulations and will you not leave please? Because all of you we have time so we can either take a picture of individual Madam Chair for the record.

Senator McKelvey is excused. So just want to note that for the record.

Okay. Thank you, Chair. Okay. This adherence of Water and Land Committee.