§195F-6 - Qualifications and conditions.

§195F-6 Qualifications and
conditions. (a) Payments from the forest stewardship fund shall not
exceed fifty per cent of the total cost of the landowner in developing and
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 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.

(1) Be a landowner of private forest 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. Private forest lands managed 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 an agreement with the board to do the
following:

(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
management plan 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 plan; and

(D) 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
plan. To facilitate the review, the department shall have the right to make
inspections of the forest land after prior landowner notification. The board
may approve alteration of the plan to adapt to current conditions. Amendments
to the 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 private 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]