Continuance of Act 90 Requirements

HONOLULU - At its meeting today, the state Board of Land and Natural Resources (BLNR) approved transferring more than 7,000 acres of land on Hawai‘i Island from DLNR jurisdiction to the Hawai‘i Dept. of Agriculture (DOA).

The nine leases and 25 revocable permits represent a continuation of the transfers under Act 90. Passed by the legislature in 2003, the act is to “ensure the long-term productive use of public lands available to be leased by the DLNR for agricultural purposes by allowing those lands to be transferred to and managed by DOA.”   

This process under Act 90, ensures that both BLNR and Board of Agriculture agree on which parcels of parcels of land are appropriate to be transferred from DLNR  to DOA. 

“We have appreciated the collaborative process of Act 90 to ensure that there is a balanced approach between supporting sustainable ag and protection and preservation of important public lands for forestry management, watershed protection, recreational trail access, and hunting,” stated Chair Dawn Chang.

 Previously, DLNR had processed executive orders setting aside approximately 24,528 acres to DOA. Last year, the BLNR and the state Board of Agriculture approved an additional 24,767 acres in Kau under lease and revocable permit to Kapapala Ranch for transfer to DOA, but surveys and subdivision are needed before an executive order can be completed for the transfer. In addition, late last year, the Board of Agriculture approved acceptance of 21,672 acres. Under the terms of Act 90, more than 70,000 acres of ag land has been transferred, or approved for transfer, so far. 

In the latest transfer, most of the land is in pasture, with two parcels described as being utilized for “intensive agriculture.” Five acres will be under a revocable permit to Volcano Island Honey Co. for an apiary. The largest transfer, this time around, is to Parker Ranch, with approximately 4,529 acres of pastureland.

The DLNR Division of Forestry and Wildlife (DOFAW) indicates it needs to establish public or management access over nine additional leases and permits before those lands are transferred to DOA. Those leases and permits will require further coordination with DOFAW on the location of access points before staff can make a recommendation to the BLNR. 

Comments on the land transfers were solicited from state, county, and federal agencies and no objections or responses were received. In the event the lands are no longer needed for agricultural purposes, the set-asides will be cancelled or amended as appropriate, and those lands will be returned to the DLNR inventory.