§195F-6  Qualifications andconditions.  (a)  Payments from the forest stewardship fund shall notexceed fifty per cent of the total cost of the landowner in developing andimplementing an approved management plan.  Total payments to any one landownershall be determined by the board, and the reasonable value of material, goods,and services contributed toward the plan by the landowner shall be included indetermining the amount of the landowner's cost.  The landowner shall berequired to spend private funds before reimbursements are made.  In-kindservices such as heavy equipment and existing sources of labor may be utilizedas a portion of the landowner's contribution in implementing the managementplan that is consistent with this chapter.

(b)  The board shall determine the appropriatereimbursement rate for making cost-share payments and the schedule of thepayments after determining consistency with this chapter and giving appropriateconsideration to:

(1)  Protecting and enhancing key watershed areas inthe public interest;

(2)  Developing or adapting new forestry andconservation techniques for Hawaii;

(3)  Providing rural employment and economicdiversification opportunities; and

(4)  Preserving or restoring especially valuablenatural resources, including native plants, animals, and ecosystems.

(c)  To receive funds under the foreststewardship program, an applicant shall:

(1)  Be a landowner of private forest that is notmanaged under existing federal, state, or private sector financial and technicalassistance programs and that is not recognized as a potential natural areareserve.  Private forest lands managed under existing federal, state, orprivate sector financial and technical assistance programs may be eligible forassistance under this program if the landowner agrees to comply with therequirements of the program or if forest management activities are expanded orenhanced to meet the requirements of this chapter;

(2)  Prepare and submit a forest stewardshipmanagement plan as set forth in section 195F-5; and

(3)  Enter into an agreement with the board to do thefollowing:

(A)  Undertake and maintain the approvedactivities under the management plan for not fewer than ten years, unless theboard approves modifications in the plan;

(B)  Complete all approved activities under themanagement plan within the timetable agreed upon by the board and the landownerconsistent with the intent of this chapter;

(C)  Submit an annual progress report to bereviewed by the board for each year in which the landowner receives supportunder the program.  This report shall detail accomplishments, areas requiringtechnical advice, and any proposed modifications of the plan; and

(D)  Other conditions deemed necessary by theboard to implement the purposes of this chapter.

(d)  The board shall review the annual progressreport and shall determine whether the landowner has met the objectives of theplan.  To facilitate the review, the department shall have the right to makeinspections of the forest land after prior landowner notification.  The boardmay approve alteration of the plan to adapt to current conditions.  Amendmentsto the plan shall be available for public review.

(e)  The board shall submit annually a detailedreport to the governor and legislature that shall:

(1)  Identify management objectives that have beencompleted on private lands resulting from payments made pursuant to section195F-4(a)(1) and provide an analysis of problems and issues encountered inmeeting 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 anyexpenditures 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 thenext fiscal year. [L 1991, c 327, pt of §2; am L 1992, c 180, §4; am L 1999, c144, §5]