§163D-4  Powers; generally.  (a)  Except
as otherwise limited by this chapter, the corporation may:



(1)  Sue and be sued;



(2)  Have a seal and alter the same at its pleasure;



(3)  Make and alter bylaws for its organization and
internal management;



(4)  Adopt rules under chapter 91 necessary to
effectuate this chapter in connection with its projects, operations, and
properties;



(5)  Make and execute contracts and all other
instruments necessary or convenient for the exercise of its powers and
functions under this chapter;



(6)  Carry out surveys, research, and investigations
into technological, business, financial, consumer trends, and other aspects of
agricultural production in the national and international community;



(7)  Acquire or contract to acquire by grant or
purchase any real, personal, or mixed property or any interest therein for its
immediate or future use for the purposes of this chapter; own, hold, improve,
and rehabilitate any real, personal, or mixed property acquired, and sell,
assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber
the same;



(8)  By itself, or in partnership with qualified
persons, acquire, construct, reconstruct, rehabilitate, improve, alter, or
repair any infrastructure or accessory facilities in connection with any
project; own, hold, sell, assign, transfer, convey, exchange, lease, or
otherwise dispose of, or encumber any project;



(9)  In cooperation with the department of
agriculture, pursuant to chapter 167, or otherwise through direct investment or
coventure with a professional investor or enterprise or any other person, or
otherwise, to acquire, construct, operate, and maintain water facilities for
conveying, distributing, and transmitting water for irrigation and agricultural
uses at rates or charges determined by the corporation; provided that:



(A)  This chapter shall not be construed to
permit or allow the department of agriculture or any agribusiness development
corporation to:



(i)  Amend or modify rights or entitlements to
water as provided for by article XI, section 7, of the Constitution of the
State of Hawaii, or the Hawaiian Homes Commission Act, 1920, as amended, and
chapter 168;



(ii)  Diminish or abridge the traditional and
customary rights of ahupua`a tenants who inhabited the Hawaiian Islands prior
to 1778 under sections 1-1 and 7-1; and



   (iii)  Impair, abridge, or
terminate the legal rights or interests to water and its uses, whether by
lease, easement, or other means, which are possessed or held by organizations
whose primary purpose is to benefit people of Hawaiian ancestry; and



(B)  All usage of water shall be in accordance
with chapter [174C] and other applicable laws in the State;



(10)  Assist agricultural enterprises by conducting
detailed marketing analysis and developing marketing and promotional strategies
to strengthen the position of those enterprises and to better exploit local,
national, and international markets;



(11)  Carry out specialized programs designed to
develop new markets for Hawaii agricultural products;



(12)  Receive, examine, and determine the acceptability
of  applications of qualified persons for allowances or grants for the
development of new crops and agricultural products, the expansion of
established agricultural enterprises, and the altering of existing agricultural
enterprises;



(13)  Coordinate its activities with any federal or
state farm credit programs;



(14)  Grant options to purchase any project or to renew
any lease entered into by it in connection with any of its projects, on the
terms and conditions it deems advisable;



(15)  Provide advisory, consultative, training, and
educational services, technical assistance, and advice to any person,
partnership, or corporation, either public or private, in order to carry out
the purposes of this chapter, and engage the services of consultants on a
contractual basis for rendering professional and technical assistance and
advice;



(16)  Procure insurance against any loss in connection
with its property and other assets and operations in such amounts and from such
insurers as it deems desirable;



(17)  Accept gifts or grants in any form from any
public agency or any other source; and



(18)  Do all things necessary or proper to carry out
the purposes of this chapter.



(b)  The corporation shall develop, promote,
assist, and market export crops and other crops for local markets. [L 1994, c
264, pt of §1; am L 1999, c 117, §2]