[§201.6.]  Community based governance on Hawaiian home lands.  [Text of section subject to consent of Congress.]  It is the policy of the State to support participation in governance by promoting the empowerment of democratically-elected Hawaiian homestead community self-governance organizations.

     In furtherance of this policy, and with the consent of the Congress of the United States, the State may delegate to a democratically-elected organization representing a Hawaiian homestead community or communities the authorities delegated to the State by the United States relating to the administration of the Hawaiian Homes Commission Act, 1920, as amended.

     The commission may establish a working relationship with a democratically-elected Hawaiian homestead community self-governance organization to promote community welfare.  The selection of authorities to be delegated shall be left to the Hawaiian homes commission's discretion.  The commission may establish criteria to determine the boundaries and location of a Hawaiian homestead community and whether a Hawaiian homestead community organization is eligible for delegation.  Criteria for eligibility shall include but not be limited to the following:

     (1)  The organization and its leadership is a bona fide representative body of native Hawaiian residents, homestead lessees, qualified successors residing within the homestead community, and native Hawaiians who have designated that homestead community as their primary choice of residence with the department of Hawaiian home lands and who are awaiting an award of a lease under this Act;

     (2)  The organization is governed by free and fair elections; and

     (3)  The organization demonstrates sufficient capacity to implement the authorities that are delegated.

     The commission may contract with and delegate authority to a Hawaiian homestead community self-governance organization to perform governmental services for the homestead community represented by that homestead organization.  Any such contract shall include a requirement that the government service shall be performed at a level and quality comparable to the services that would otherwise be provided by the department of Hawaiian home lands.

     The department of Hawaiian home lands may adopt rules in accordance with chapter 91, Hawaii Revised Statutes, to implement this section. [L 2001, c 302, pt of §2]