In furtherance of Hui `Aina o Hana's goal to promote the wise use and protection of Hawai`i's cultural, historical and natural resources, the Hui operates programs to promote and demonstrate land stewardship, cultural, historical and natural education, public policy and land protection. The land protection goals of the Hui `Aina o Hana are:
- To protect lands containing or associated with cultural and/or historical resources, events or persons;
- To protect areas with significant scenic, educational, or recreational values,
- To protect unique and/or ecologically significant natural areas and wildlife habitat;
- to promote local stewardship through public education and technical assistance to local land conservation agencies/organizations.
land protection methods
Hui `Aina o Hana works to protect important cultural, historical and natural resource lands using a variety of techniques including:I. Land Acquisition: Acquisition by gift, bequest, bargain sale, and pre-acquisition for transfer to other conservation agencies.
II. Conservation and Cultural Easements: Conservation and Cultural easements and deed restrictions on privately owned land.
III. General: Board of Governors approval
I. land acquisition
A. Techniques for Acquisition
- Gifts and bequests.
The Hui may accept gifts and bequests of land of any size, provided such lands contain truly productive or important cultural and/or historical or historical resources. Acquisition of such lands must be determined by the Board of Governors to (a) further the goals and objectives of the Hui and/or (b) to be suitable for Hui ownership in accordance with financial and natural resource criteria. Depending on the wished of the donor, land conveyed to the Hui may be kept for permanent ownership or may be transferred to other agencies or individuals subject to suitable conservation restrictions.
Gifts of real estate which have no resource value may be accepted by the Hui where the donor agrees to allow the property to be resold and the proceeds used for general activities of the Hui.
- Bargain sale purchases.
Land may be purchased by the Hui when the seller agrees to a bargain sale price (i.e., less than fair market value). Property acquired in this fashion may be resold with conservation restrictions to ensure the permanent protection of important cultural, historical and natural resources.
- Pre acquisition for transfer
Important lands identified by cultural, historical and/or natural resource agencies as needing protection in order to protect or add to existing public lands, can be pre-acquired by the Hui for eventual transfer to appropriate conservation organizations or government agencies.
B. Management and Protection of Acquired Lands.
Lands acquired by the Hui are categorized in one of the following ways:
- Permanent Ownership. Lands to be kept and managed by the Hui in perpetuity.
- Under Management of the Hui. Lands to be retained under management of the Hui, but may be transferred (subject to conservation restrictions) if future circumstances suggest it in order to enhance management or public use.
- Pre acquisition for Transfer. Subject to appropriate restrictions, to other non-profit conservation organizations, government agencies, or private owners.
- General Real Estate. Lands with no cultural, historical or natural resource value, that has been donated, bequeathed or sold at a bargain price to the Hui with the expressed purpose of providing a benefit to the general activities of the Hui.
II. Conservation Easements:
Conservation easements, where the Hui holds less-than fee interest in land, are an important technique for protecting land that will remain in private ownership. In general, the Hui charges for assistance to private landowners placing easements on their property. Owners granting easements are also requested to make a donation to the Easement Maintenance Fund. Conservation easements can be acquired by gift, bequest, or in exceptional cases by purchase. The Hui accepts both Grantee and Executory interest in easements.A. All Grantee Interest Easements must meet the Criteria Below:
Category A Criteria. Land must meet either one or both of the following criteria:
- Land is important culturally, historically or is associated with historical persons or events
- Land contains natural ecosystems or habitats, or is an important buffer area.
Category B Criteria:
- Land has substantial acreage
- Land contains unique features
- Land is home to rare or endangered species
- Land has trails or other forms of access to important areas
- Land has significant public recreation opportunities
- Land has, contains or is part of a major scenic vista
- Project may serve as a focus for future land protection efforts
- Other (public relations, fundraising and other benefits)
If land meets neither category A criteria, it can be accepted if it meets at least 2 category B criteria.
B. Criteria for Executory Interest Easements:
All Executory interest easements, where local agencies or land trust serve as Grantee, must meet at least one of the above criteria (category A or B) and:
- the land must be identified by the appropriate parties as worthy of protection. Sources to be consulted include, but are not limited to: State Historic Preservation Office, Office of Hawaiian Affairs, Maui County Cultural Resources Commission, Community Plans, knowledgeable Kupuna and other traditional sources.
III. General
All proposed land protection projects must be approved by the Board of Governors prior to the acceptance by the Hui.
