Hawaiian Homes Commission approves MOA to accept donated Ewa parcels, adds direct community‑benefit payments to homestead associations

The Hawaiian Homes Commission voted 6–0 on Dec. 16 to approve a memorandum of agreement (MOA) to accept donated parcels in Ewa that are covered by a commercial development lease, after amendments requiring clearer community‑benefit distribution and making the donor responsible for environmental review costs.

Russell Kaupu of the office of the chair presented the MOA and described added language recommended by the attorney general’s office that obliges the donor/developer to satisfy any EA/EIS compliance at its own expense while the department will monitor the process. Kaupu also said the MOA now includes the form of the Hawaiian Homes lease as an exhibit to increase transparency.

Public testimony during beneficiary consultation and the commission meeting was mixed. Supporters argued the transaction would expand DHHL’s land base and provide ongoing revenue for housing. Shane Palle urged the commission to “focus on the facts, the process, and the long term benefit to beneficiaries and to move the project forward,” noting the MOA would return 22 acres to the trust and generate revenue for housing and infrastructure for beneficiaries.

Opponents and a contested‑case requester raised fiduciary concerns and asked the commission to defer action. Mizana Aldegar submitted a written request for a contested case citing HRS chapter 673‑3 and asked the commission to take no action until due process is held.

Commissioners moved to amend the MOA and lease to (1) revise the base rent calculation expression so the portion designated for community benefits is documented and (2) require community‑benefit payments be transferred directly to the homestead associations within a five‑mile radius rather than flowing through DHHL as an intermediary. Commissioner Kaleikini, who moved the amendment, said the change would reduce administrative complexity and preserve the department’s contractual enforcement rights. Kaupu said the department would reflect the direct payment structure in the lease while preserving the department’s ability to enforce the developer’s obligation.

On roll call the amendment passed 6–0. The commission then voted to approve the MOA as amended, with the chair noting additional editorial changes may be required following further review by the attorney general’s office.

What happens next: the MOA approval allows staff to continue negotiations with the donor and to proceed toward finalizing the lease consistent with the amended MOA and any AG edits. The commission said it expects staff to identify the named homestead associations that will receive community‑benefit payments and to confirm the developer’s obligations are included in the lease.

Voices and source documents: Kaupu provided the MOA redline and an attached form of Hawaiian Homes lease at the meeting; commissioners referenced a beneficiary consultation held in October and a subsequent public workshop. The commission’s roll call for the amendment and the final motion recorded six ayes and no nays.