HomeMy WebLinkAboutRES 513 Draft 01 2024-2026„tY Oi
COUNTY OF HAWAI`I ; • STATE OF HAWAI`I
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RESOLUTION NO. -9:13 26
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF CONSERVATION EASEMENTS FOR
ALL OR A PORTION OF THE PROPERTIES IDENTIFIED BY TAX MAP KEY NOS.
(3) 5-2-009:025 AND 026, ALSO KNOWN AS THE KEALOHA FAMILY LO`I,
SITUATED IN THE AHUPUA`A OF NIULI°I, DISTRICT OF NORTH KOHALA,
UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION FUND.
WHEREAS, Chapter 2, Article 42 of the Hawaii County Code 1983 (2016 Edition, as
amended) (hereinafter "the Code"), establishes a Public Access, Open Space, and Natural
Resources Preservation Fund; and
WHEREAS, Section 2-214.1(c) of the Code provides that the Public Access, Open
Space and Natural Resources Preservation Fund shall be used for "acquiring lands or property
entitlements in the County of Hawaii for the following purposes:
(1) Public outdoor recreation and education, including access to beaches and
mountains; (2) Preservation of historic or culturally important land areas and sites;
(3) Protection of natural resources, including buffer zones;
(4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands;
and
(5) Protection of watershed lands to preserve water quality and water supply”; and
WHEREAS, Section 2-217 of the Code provides, in part, that the duties and
responsibilities of the Public Access, Open Space, and Natural Resources Preservation
Commission (hereinafter "the Commission") include developing and submitting to the Mayor an
initial prioritized list of qualifying lands worthy of preservation and updating the list annually by
December 31 of each year; and
WHEREAS, Section 2-218(a) of the Code provides, in pertinent part, that: "[tlhe council
shall, by resolution, select the land or lands to be preserved..."; and "[w]here there are multiple
lands under consideration at any one time, priority shall be given to... lands where matching
funding is available to leverage the County contribution."; and
WHEREAS, the Kealoha Family Lo`i, shown and described in Exhibit A, attached
hereto and incorporated herein by reference, consists of approximately 2.39 acres, and is ranked
the second highest priority for acquisition in the Commission's 2025 Annual Report to the
Mayor, dated December 31, 2025; and
WHEREAS, Beldon K. Kealoha Trust owns and stewards the lands and lo`i systems that
make up the Kealoha Family Lo`i situated in the ahupua`a of Niuli`i in the district of North
Kohala; and
WHEREAS, Beldon K. Kealoha Trust, the landowner, partnered with Hawaiian Islands
Land Trust, doing business as Hawaii Land Trust (hereinafter "HILT"), a Hawaii nonprofit
organization and nationally accredited land trust to raise funds to permanently protect the
Kealoha Family Lo`i, and Beldon K. Kealoha Trust desires to grant a conservation easement to
HILT as the Administrative Holder and Co -Holder and the County as Co -Holder in order to
permanently protect the Kealoha Family Lo`i; and
WHEREAS, the United States Department of Agriculture, Natural Resources
Conservation Service, Agricultural Conservation Easement Program, Agricultural Land
Easement (hereinafter "USDA NRCS ACEP-ALE") has awarded a grant in the amount of
$150,000.00, not to exceed 50% of the estimated fair market value of the conservation easement,
providing matching funding toward the purchase of the conservation easement, subject to the
County becoming an authorized co -holder within HILT's existing USDA NRCS ACEP-ALE
Program Agreement; and
WHEREAS, HILT intends to work with the County and the landowner to secure,
establish, and maintain the proposed conservation easement to perpetuate and protect these
culturally, ecologically, and historically significant agricultural lands in perpetuity; and
WHEREAS, the acquisition of a conservation easement for the Kealoha Family Lo`i
would be significantly beneficial to the County for the following reasons:
(1) Preservation in perpetuity of productive agricultural lands featuring an intact
historic lo`i kalo, which was spared from sugar cultivation;
(2) Protection of natural resources and restoration of ecological functions within Niuli`i
Stream down to Keokea Bay; and
(3) Protection and perpetuation of cultural and `dina-based education and connections,
and traditional agricultural practices of Kohala; and
WHEREAS, there has been great support from community organizations for the
conservation of the Kealoha Family Lo`i, including Kohala Hawaiian Civic Club, Protect Pololu,
North Kohala Culture and History Advisory Group, Ka Makani o Kohala `Ghana, Kahua Pa`a
Mua, along with HILT; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that,
pursuant to Chapter 2, Article 42 of the Code, the Director of Finance is hereby authorized to
enter into negotiations for the acquisition of a conservation easement for all or a portion of the
properties identified as Tax Map Key Nos. (3) 5-2-009:025 and 026, also known as the Kealoha
Family Lo`i, situated in the Ahupua`a ofNiuli`i, District of North Kohala, utilizing the Public
Access, Open Space and Natural Resources Preservation Fund.
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to
initiate any funding mechanisms required for the acquisition of conservation easements for all or
a portion of the properties hereinabove identified in accordance with the terms of this resolution.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable C. Kimo Alameda, Ph.D., Mayor of the County of Hawai`i; Diane
Nakagawa, Director of Finance;Nicholas Saumweber, USDA NRCS, P.O. Box 50004,
Honolulu, HI 96850; Jean K. Campbell, Deputy Corporation Counsel; and Jodie Rosam,
Chairperson of the Public Access, Open Space and Natural Resources Preservation Commission.
Dated at Kona , Hawaii,this 22nd day of April , 20 26.
INTRODUCED BY:
41110 Z.
0 ► ' MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i GALIMBA X
HUSTACE X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X
County of Hawaii on April 22, 2026
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
ONISHI X
VILLEGAS X
8 0 1 0
( " < Reference: C-815/LAAG38
{ CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. !I
I11110IN1l1111111111
3 LRB
Exhibit A
PRIORITY #2: KEALOHA FAMILY LO`I
(Suggestion 25-05, Scored 91%)
TMK No.(s): (3)5-2-009: 025 and 026, consisting of approximately 2.39 acres in the Makapala and
Niuli'i ahupua'a, in the District of North Kohala, Hawai'i.
DESCRIPTION
The Kealoha Family Lo'i sits on 2.39 verdant acres of well -established tropical plants that were popular
to cultivate in the sugar plantation days of Kohala. Tall and mature 'ulu, coconut, mango, banana, ti
leaf, kukui, sweet potato and taro, are among the rich assortment of plants. The property, which has
been owned and occupied by the Kealoha Family for over 100 years, is bordered by two streams, the
Waikane and Niuli'i streams.
The property is covered by lo'i kalo that
have likely been in existence since at
least the 1880s.
The "Lydgate Map" shown
on the left depicts the
presence of numerous lo'i
in the area where the
Kealoha Family property is
located (marked by yellow
star). The map, which was
drawn by J.M Lydgate, is
dated circa 1880s. J.M.
Lydgate was a surveyor
under the Hawaiian
Kingdom and Territory.
PC.: HILT
ANTICIPATED USE
• The Kealoha family is seeking a Conservation Easement (CE) between themselves and the
County of Hawai'i, which would help to ensure that the property remains in the Kealoha
family and in its long-standing traditional use of growing kalo. This would fulfill the desires of
the matriarch of the family who did not want the family's property sold.
• It is a concern that a number of newer landowners have destroyed the historic lo'i on their
properties in the process of converting their properties to other uses. Keeping the Kealoha's
land in lo'i kalo and productive agriculture is a major goal of the CE. Educating and
employing the youth of Kohala in agricultural pursuits are among the planned activities for
the property. It is the landowner's intention to provide limited rights for housing of a site
stewardship worker to support the ongoing maintenance and to conduct educational
programs on the property.
SIGNIFICANCE AND MANAGEMENT
• The Kealoha Family Lo'i are unusual in that the property has remained in the family's ownership
and management for more than a century, during a time when sugar plantations were
successfully acquiring land in North Kohala for sugar cultivation.
• The Kealoha lo'i are in an ideal location for kalo cultivation, bordered by two streams.
• Water that is diverted from the streams to flood the lo'i kalo, is returned to the streams. The kalo
must not be kept in stagnant water. This means that wetland kalo cultivation maintains the
stream flow. By returning the water to the stream, the stream's ecosystem continues to provide
habitat for aquatic life both in the streams and at the stream outlet, thus sustaining life in the
near -shore coastal zone at Keokea Bay. The lo'i also provide surface to groundwater recharge
to the Kohala aquifer.
Protection of this property provides a unique opportunity to reestablish connectivity of the
traditional agricultural practices of Kohala, revitalize the health of the watershed, and uplift the
long -held relationships of people -of -place to the cultural landscapes that they have lived in for
generations.
SPECIAL OPPORTUNITIES FOR ACQUISITION AND/OR MANAGEMENT
• With the CE, the Kealoha family intends to perpetuate centuries -old Hawaiian practices of food
production and 'aina stewardship, ceremony, mele, and hula. The legacy of cultural education
can continue, and the family intends to demonstrate, restore, and encourage expanded kalo
production within Kohala.
• The opportunity to restore and steward this extensive, traditional lo'i system, in conjunction with
other families in the area, provides potential benefits to native species, habitat, flood control and
mitigation, community resilience to climate change, and culturally significant food for the
community.
The Hawai'i Land Trust (HILT) is willing to co -hold with the County of Hawaii an agricultural
conservation easement (CE) to assist the permanent protection of the Kealoha Lo'i. That
assistance includes annual monitoring of the CE in accordance with best standards and
practices in CE drafting, monitoring, and violation correction. HILT currently holds 54 permanent
CEs of private lands throughout Hawai'i.
A fully executed Agricultural Conservation Easement contract with the USDA Natural Resources
Conservation Service (NRCS) for $150,000 towards the purchase of an
agricultural/conservation easement has been committed This is one-half of the estimated cost of
the CE, but the NRCS funds must be dispersed by March 31, 2027. Timely acquisition of the CE
is urgently needed.
STRENGTHS AND WEAKNESSES
• Years ago, the Kealoha family had to prove to the State that they had rights to use the water
from the streams. Fortunately, they succeeded and their ability to draw water from the stream to
raise kalo is secure.
• There are no known encumbrances, covenants, restrictions, or hazards on the property. All
property taxes are paid and up to date.
• Without successful completion of the CE, the property may be at risk for sale to a new
landowner with no interest in protecting the ancient lo'i.
Report by: Deborah Chang and Maya Goodoni, PONC Commission
Photos by: Deborah Chang and Deborah Ward, PONC Commission