§171-6  Powers.  Except as otherwise
provided by law, the board of land and natural resources shall have the powers
and functions granted to the heads of departments and the board of land and
natural 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 chapter
91, shall have the force and effect of law;



(5)  Set, charge, demand, and collect reasonable fees
for the preparation of documents to be issued, for the surveying of public
lands, and for the issuing of certified copies of its government records, which
fees, when collected, shall be deposited into the state general fund, unless
otherwise specified in this chapter;



(6)  Establish additional restrictions, requirements,
or conditions, not inconsistent with those prescribed in this chapter, relating
to 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, or
negotiate for public land;



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



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



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



(10)  Set, charge, and collect reasonable fees in an
amount sufficient to defray the cost of performing or otherwise providing for
the inspection of activities permitted upon the issuance of a land license
involving a commercial purpose;



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



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



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



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



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



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



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



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



(14)  Set, charge, and collect additional rentals for
the unauthorized use of public lands by a lessee, licensee, grantee, or
permittee 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 the
violation.  Such amounts shall be considered delinquent payments and shall be
subject to interest and service charges as provided in paragraph (13);



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



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



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



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



(D)  Liable for administrative costs and
expenses incurred by the department and for payment for damages, including but
not limited to natural resource damages.



In addition to the fines, administrative costs,
and damages provided for hereinabove, for damage to or theft of natural
resources, the board may also set, charge, and collect a fine that, in its
discretion, is appropriate considering the value of the natural resource that
is 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 or
taken and any other factor it deems appropriate, such as the loss of the
natural resource to its natural habitat and environment and the cost of
restoration or replacement.  The remedies provided for in this paragraph are
cumulative and in addition to any other remedies allowed by law.



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



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



(17)  Pledge or assign all or any part of the receipts
and revenues of the department.  The revenue bonds shall be payable from and
secured solely by the revenue derived by the department from the industrial
park or parks for which the bonds are issued;



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



(19)  Do any and all things necessary to carry out its
purposes 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 L
1982, 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 have
power to settle legal disputes without approval of attorney general.  57 H.
259, 554 P.2d 761.



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