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OHA: Office of Hawaiian Affairs

Advocacy 2026

URGENT ACTION ALERT:

Help the LUC Protect our Wai

The House Water and Land Committee will hear HB2103 on Tuesday, February 10, at 9:00 a.m. Support this OHA package bill to empower the Land Use Commission (LUC) to better protect wai and traditional and customary practices threatened by development. HB2103 requires at least one member to have water management expertise and designates OHA to nominate candidates for the traditional Hawaiian land usage seat.

Sample testimony is provided below.

Submit Testimony by Monday, February 9 at 9:00 a.m.

Testimony received after the deadline will be accepted but considered late. Those who wish to testify via videoconference (Zoom) must also submit written testimony.

CLICK HERE TO SUBMIT TESTIMONY ON HB2103

How to create a legislative account | How to testify

Click to Learn More & For Sample Testimony

WHY THIS BILL IS CRITICAL FOR NATIVE HAWAIIANS

  • The LUC was created in 1961 in response to the rapid and unregulated conversion of prime agricultural lands into other profit-driven uses in the Territorial period.
  • The LUC is responsible for larger planning decisions that determine how land is used, classifying land into four districts (conservation, rural, agricultural, urban).
  • Developers petition the LUC to reclassify land, usually to allow for more development or other uses on their land.
  • As a quasi-judicial body, the LUC can require landowners and developers to protect natural resources and cultural practices, fulfill affordable housing mandates, and provide other community benefits.
  • The LUC’s unique quasi-judicial process not only provides for appropriate due process, but also public trust and Ka Paʻakai analyses as critical components to protecting Native Hawaiian rights.
  • Informed land use decisions cannot be made without considering water source availability.
  • This bill would require that the LUC have at least one member with expertise in water resource management and designate OHA to nominate candidates for the existing traditional Hawaiian land usage seat.
  • These amendments would empower the LUC to ensure that constitutional principles protecting wai and Native Hawaiian rights are consistently enforced.

SAMPLE TESTIMONY IN SUPPORT OF HB2103

Use this sample to submit your own testimony:

Aloha e Chair Hashem, Vice Chair Morikawa, and Members of the Committee,

I am writing in support of HB2103, which strengthens the Land Use Commission (LUC) by ensuring essential water expertise is required, and designates the Office of Hawaiian Affairs (OHA) to nominate candidates for the traditional Native Hawaiian land usage seat. I urge the Committee to pass this bill for the following reasons:

Project Planning Must Consider Water Availability:

Water and land are connected, and this is especially apparent in an island context. Each LUC decision that allows for denser development carries implicit assumptions about associated water resource availability. Sound land use decision-making requires deliberate consideration of water source availability and impacts. A dedicated water expert seat would help ensure that this type of careful deliberation occurs at the outset of project planning before project size and infrastructure decisions have been locked in.

Professional Best Practices Call for Integrated Water and Land Use Planning:

Multiple professional associations, including the American Planning Association, encourage and support integrated water and land use planning as best practices. As such, other states have also integrated water and land use planning processes by ensuring water management is considered early in the project entitlement process. This model of planning best protects water sources over the long term.

Supporting the LUC’s Constitutional Duties:

As a state agency, the LUC has affirmative constitutional duties to protect public trust water resources and Native Hawaiian rights.

Strengthening its membership with a water expert will better equip the LUC to fulfill its duty to protect public trust water resources. Moreover, allowing OHA a role in recruiting, vetting, and nominating candidates to the traditional Hawaiian land usage seat would provide beneficiaries and the general public with the opportunity to provide early input on the selection of candidates. OHA nominees would be approved by the Board of Trustees at a public meeting prior to nomination, allowing for community input and feedback, and fostering greater awareness of the LUC’s critical role in protecting our ‘āina.

Accordingly, I urge the Committee to PASS HB2103.

Mahalo for the opportunity to testify.

[Your Name] [Your City, Island]

For the 2026 legislative session, OHA’s trustees have approved the following six bills for our team to champion. We hope the lāhui will join us in supporting these bills.

OHA-1: Relating to Island Burial Councils – HB2104 / SB2538

The five Island Burial Councils (IBCs) play an integral role in implementing the state’s Historic Preservation Law (HRS Chapter 6E) and protecting iwi kūpuna, including by approving burial treatment plans and recognizing lineal and cultural descendants. Currently, several IBCs have been limited in their ability to carry out these essential functions due, in part, to difficulties recruiting candidates and meeting quorum requirements for voting. This bill proposes reducing static quorum requirements, authorizing OHA to provide per diem stipends for regional members, and extending the timeline for filling mid-term vacancies from 30 to 75 days.

OHA-2: Relating to Historic PreservationHB2102 / SB2536

Act 293 (signed in July 2025) expanded an existing loophole in the state’s Historic Preservation Law by exempting projects on residential properties in “nominally sensitive areas” from review. This term could be interpreted to cover large developments in areas known to contain a high concentration of iwi (such as jaucus sands or sand dunes) where work commenced prior to the enactment of legal mandates to survey or inventory properties for burials. This bill would close this loophole by removing the “nominally sensitive” language and defining the residential exemption consistent with planning and archaeological best practices for protecting cultural sites and iwi kūpuna.

OHA-3: Relating to the Land Use CommissionHB2103 / SB2537

The Land Use Commission (LUC) was created in 1961 as a direct response to the conversion of prime agricultural lands into residential use. The LUC is responsible for classifying all land in Hawai‘i into one of four categories (conservation, rural, agricultural, urban), and ruling on petitions to reclassify land, usually from a lower classification to a higher classification to enable development. During reclassification, the LUC can put important conditions on projects, including conditions that ensure the protection of natural and cultural resources (including exercise of traditional and customary practices), mandate affordable housing requirements are met, and require early planning around issues like water. This bill amends the composition requirements for the LUC to mandate that at least one member have expertise in water resource management and designates OHA to nominates candidates for the existing Hawaiian land use and cultural practice seat.

OHA-4: Protect Reef Fishes from Commercial Aquarium Collection – HB2101 / SB2535

The extraction of reef fish for commercial sale in the aquarium trade removes important species needed for subsistence and our nature-based tourism economy from nearshore ecosystems. This bill would permanently prohibit extraction of Hawaiʻi’s reef life for commercial sale as aquarium pets and ornamental aquarium displays, without limiting permitted collection for scientific and educational institutions, aquaculture and fishpond stocks, bait, and subsistence fishing practices. The proposed ban is consistent with OHA’s existing duties to advance Native Hawaiian traditional and customary rights under Article XII, section 7 of the Hawaiʻi State Constitution as aquarium collection is associated with the decline of targeted fish species, including those used by Native Hawaiians for cultural and subsistence purposes.

OHA-5: Amend the Hawaiʻi State Constitution to Prohibit Live-Fire Military TrainingHB2100/ SB2534

Under existing military leases, state owned public land trust lands—- comprised primarily of former crown and government lands of the Hawaiian Kingdom—- are used for live-fire military drills. This bill proposes a constitutional amendment that would ban live-fire military training on public trust land. If passed, this bill will put on the 2026 ballot a question asking: “Shall the Constitution of the State of Hawaiʻi be amended to prohibit destructive live fire military training – defined as the discharge of large caliber munitions employing standard, incendiary, high explosive or inert rounds, whether portable, crew-served, or vehicle- mounted – from occurring on the public trust lands identified in Article XII, section 4?”.

OHA-6: Relating to Rent StabilizationHB2105 / SB2539

Unaffordable housing is a primary driver for the out-migration of residents and decreases the quality of life for the 52.5% of Native Hawaiian families in Hawaiʻi that spend more than 30% of their income on housing.1 Since 2019, rents have increased statewide, with Hawai‘i County and Kau‘i County seeing particularly unsustainable rent increases of ~50%.2 This bill will establish a 3% cap on annual rent increases, consistent with the average annual cost of living increase received by wage workers. The bill proposes exemptions for owner-occupied properties, kuleana parcels, and regulated affordable properties, to minimize impacts on non-investment properties used by ‘ohana as their primary residence.


Be an Advocate for the Lāhui in 2026


Our Why

As part of its mandate to advocate for Native Hawaiians, each year OHA submits a package of proposed bills to the Hawaii State Legislature, and the agency’s Board of Trustees also votes to take positions on a wide variety of legislation impacting the Hawaiian community.

OHA remains the principal public agency in the state responsible for the performance, development, and coordination of programs and activities relating to Native Hawaiians.

Advocacy can take place anywhere – from the lo’i to the White House!

Advocacy is an integral part of what we do at OHA.  During the 1978 State of Hawai’i Constitutional Convention that created OHA, convention delegates envisioned an agency that would not only provide Native Hawaiians with a form of self-determination, but one would also advocate on behalf of Native Hawaiians to address historical injustices and challenges arising out of those circumstances.  Chapter 10 of the Hawai’i Revised Statute outlines OHA’s duties and purposes, including promoting and protecting the rights of Native Hawaiians.


STATE ADVOCACY

Eō! Let Your Voice Be Heard! – Engaging the Legislature

Find your Hawai’i senator & representative – https://www.capitol.hawaii.gov/fyl/
Senator & representative info – https://www.capitol.hawaii.gov/members/legislators.aspx?chamber=all

How to register for an account – (See Below)
Video courtesy of the Legislative Reference Bureau

How to testify – (See Below)
Video courtesy of the Legislative Reference Bureau

How a bill becomes a law – (See Below)

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