§171-6  Powers.  Except as otherwiseprovided by law, the board of land and natural resources shall have the powersand functions granted to the heads of departments and the board of land andnatural resources under chapter 26.

In addition to the foregoing, the board may:

(1)  Adopt a seal;

(2)  Administer oaths;

(3)  Prescribe forms of instruments and documents;

(4)  Adopt rules which, upon compliance with chapter91, shall have the force and effect of law;

(5)  Set, charge, demand, and collect reasonable feesfor the preparation of documents to be issued, for the surveying of publiclands, and for the issuing of certified copies of its government records, whichfees, when collected, shall be deposited into the state general fund, unlessotherwise specified in this chapter;

(6)  Establish additional restrictions, requirements,or conditions, not inconsistent with those prescribed in this chapter, relatingto the use of particular land being disposed of, the terms of sale, lease,license, or permit, and the qualifications of any person to draw, bid, ornegotiate for public land;

(7)  Reduce or waive the lease rental at the beginningof the lease on any lease of public land to be used for any agricultural orpastoral use, or for resort, commercial, industrial, or other business usewhere the land being leased requires substantial improvements to be placedthereon; provided that such reduction or waiver shall not exceed two years forland to be used for any agricultural or pastoral use, or exceed one year for landto be used for resort, commercial, industrial, or other business use;

(8)  Delegate to the chairperson or employees of thedepartment of land and natural resources, subject to the board's control andresponsibility, such powers and duties as may be lawful or proper for theperformance of the functions vested in the board;

(9)  Utilize arbitration under chapter 658A to settleany controversy arising out of any existing or future lease;

(10)  Set, charge, and collect reasonable fees in anamount sufficient to defray the cost of performing or otherwise providing forthe inspection of activities permitted upon the issuance of a land licenseinvolving a commercial purpose;

(11)  Appoint masters or hearing officers to conductpublic hearings as provided by law and under such conditions as the board byrules shall establish;

(12)  Bring such actions as may be necessary to removeor remedy encroachments upon public lands.  Any person causing an encroachmentupon public land shall:

(A)  Be fined not more than $1,000 a day forthe first offense;

(B)  Be fined not less than $1,000 nor morethan $4,000 per day upon the second offense and thereafter;

(C)  If required by the board, restore the landto its original condition if altered and assume the costs thereof;

(D)  Assume such costs as may result fromadverse effects from such restoration; and

(E)  Be liable for administrative costsincurred by the department and for payment of damages;

(13)  Set, charge, and collect interest and a servicecharge on delinquent payments due on leases, sales, or other accounts.  Therate of interest shall not exceed one per cent a month and the service chargeshall not exceed $50 a month for each delinquent payment; provided that thecontract shall state the interest rate and the service charge and be signed bythe party to be charged;

(14)  Set, charge, and collect additional rentals forthe unauthorized use of public lands by a lessee, licensee, grantee, orpermittee who is in violation of any term or condition of a lease, license,easement, or revocable permit, retroactive to the date of the occurrence of theviolation.  Such amounts shall be considered delinquent payments and shall besubject to interest and service charges as provided in paragraph (13);

(15)  Set, charge, and collect reasonable fines forviolation of this chapter or any rule adopted thereunder.  Any person engagingin any prohibited use of public lands or conducting any prohibited activity onpublic lands, or violating any of the other provisions of this chapter or anyrule adopted thereunder, for which violation a penalty is not otherwiseprovided, shall be:

(A)  Fined not more than $5,000 per violationfor a first violation or a violation beyond five years of the last violation,provided that, after written or verbal notification from the department, anadditional $1,000 per day per violation may be assessed for each day in whichthe violation persists;

(B)  Fined not more than $10,000 per violationfor a second violation within five years of the last violation, provided that,after written or verbal notification from the department, an additional $2,000per day per violation may be assessed for each day in which the violationpersists;

(C)  Fined not more than $20,000 per violationfor a third or subsequent violation within five years of the last violation,provided that, after written or verbal notification from the department, anadditional $4,000 per day per violation may be assessed for each day in whichthe violation persists; and

(D)  Liable for administrative costs andexpenses incurred by the department and for payment for damages, including butnot limited to natural resource damages.

In addition to the fines, administrative costs,and damages provided for hereinabove, for damage to or theft of naturalresources, the board may also set, charge, and collect a fine that, in itsdiscretion, is appropriate considering the value of the natural resource thatis damaged or the subject of the theft.  In arriving at an appropriate fine,the board may consider the market value of the natural resource damaged ortaken and any other factor it deems appropriate, such as the loss of thenatural resource to its natural habitat and environment and the cost ofrestoration or replacement.  The remedies provided for in this paragraph arecumulative and in addition to any other remedies allowed by law.

No person shall be sanctioned pursuant to thissection for the exercise of native Hawaiian gathering rights and traditionalcultural practices as authorized by law or as permitted by the departmentpursuant to article XII, section 7, of the Hawaii state constitution;

(16)  Issue revenue bonds, subject to the approval ofthe legislature.  All revenue bonds shall be issued pursuant to part III ofchapter 39, except as provided in this chapter.  All revenue bonds shall beissued in the name of the department and not in the name of the State.  Thefinal maturity date of the revenue bonds may be any date not exceeding thirtyyears from the date of issuance;

(17)  Pledge or assign all or any part of the receiptsand revenues of the department.  The revenue bonds shall be payable from andsecured solely by the revenue derived by the department from the industrialpark or parks for which the bonds are issued;

(18)  Reimburse the state general fund for debt serviceon general obligation bonds or reimbursable general obligation bonds issued bythe State for purposes of this chapter; and

(19)  Do any and all things necessary to carry out itspurposes and exercise the powers granted in this chapter. [L 1962, c 32, pt of§2; am L 1965, c 239, §2; Supp, §103A-6; HRS §171-6; am L 1974, c 70, §1; am L1982, c 109, §1; am L 1983, c 170, §2; am L 1984, c 117, §1; am L 1985, c 39,§1; am L 1989, c 249, §1; am L 1991, c 89, §1 and c 145, §3; am L 1994, c 162,§2; am L 2001, c 265, §4; am L 2008, c 215, §2]

 

Case Notes

 

  Board does not havepower to settle legal disputes without approval of attorney general.  57 H.259, 554 P.2d 761.

  There is no statutoryrequirement that board promulgate rules relative to the determination of parcelsizes for leasing.  60 H. 228, 588 P.2d 430.