Qualifications and conditions
HRS §195F-6
in effect195F-6. Qualifications and conditions
(a) Payments from the forest stewardship fund shall not exceed:
(1) Seventy-five per cent of the total cost of the
landowner in developing an approved management plan; and
(2) Fifty per cent of the total cost of the landowner
in implementing an approved management plan.
Total payments to any one landowner shall be
determined by the board, and the reasonable value of material, goods, and
services contributed toward the management plan by the landowner shall be
included in determining the amount of the landowner's cost. The landowner
shall be required to spend private funds before reimbursements are made.
In-kind services such as heavy equipment and existing sources of labor may be
utilized as a portion of the landowner's contribution in implementing the
management plan that is consistent with this chapter.
(b) The board shall determine the appropriate
reimbursement rate for making cost-share payments and the schedule of the
payments after determining consistency with this chapter and giving appropriate
consideration to:
(1) Protecting and enhancing key watershed areas in
the public interest;
(2) Developing or adapting new forestry and
conservation techniques for Hawaii;
(3) Providing rural employment and economic
diversification opportunities; and
(4) Preserving or restoring especially valuable
natural resources, including native plants, animals, and ecosystems.
(c) To receive funds under the forest
stewardship program, an applicant shall:
(1) Be a landowner of privately managed forest land
that is not managed under existing federal, state, or private sector financial
and technical assistance programs and that is not recognized as a potential
natural area reserve. Privately managed forest lands under existing federal,
state, or private sector financial and technical assistance programs may be
eligible for assistance under this program if the landowner agrees to comply
with the requirements of the program or if forest management activities are expanded
or enhanced to meet the requirements of this chapter;
(2) Prepare and submit a forest stewardship
management plan as set forth in section 195F-5; and
(3) Enter into a program implementation agreement
with the board upon approval of the forest stewardship management plan by the
board for implementation of all or selected portions of the forest stewardship
management plan. Upon approval of the program implementation agreement by the
board, the applicant shall:
(A) Undertake and maintain the approved
activities under the management plan for not fewer than ten years, unless the
board approves modifications in the plan;
(B) Complete all approved activities under
the program implementation agreement within the timetable agreed upon by the
board and the landowner consistent with the intent of this chapter;
(C) Submit an annual progress report to be
reviewed by the board for each year in which the landowner receives support
under the program. This report shall detail accomplishments, areas requiring
technical advice, and any proposed modifications of the management plan; and
(D) Meet any other conditions deemed
necessary by the board to implement the purposes of this chapter.
(d) The board shall review the annual progress
report and shall determine whether the landowner has met the objectives of the
management plan. To facilitate the review, the department shall have the right
to make inspections of the forest land after prior notice to the landowner.
The board may approve alteration of the management plan to adapt to current
conditions. Amendments to the management plan shall be available for public
review.
(e) The board shall submit annually a detailed
report to the governor and legislature that shall:
(1) Identify management objectives that have been
completed on privately managed forest lands resulting from payments made
pursuant to section 195F-4(a)(1) and provide an analysis of problems and issues
encountered in meeting or failing to meet objectives as set forth in the
management plans;
(2) Identify all reforestation, forest management,
education, and training objectives that have been completed as a result of any
expenditures made pursuant to section 195F-4(a)(2);
(3) Describe the financial condition of the fund,
including receipts and expenditures from the previous fiscal year; and
(4) Set forth plans and management objectives for the
next fiscal year.
[L 1991, c 327, pt of §2; am L 1992, c 180, §4; am L 1999, c
144, §5; am L 2021, c 221, §5]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0195F/HRS_0195F-0006.htmFetched: 11/10/2026