Hawaii Administrative Rules
Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES
Subtitle 5 - FORESTRY AND WILDLIFE
Part 1 - FORESTRY
Chapter 109 - RULES FOR ESTABLISHING FOREST STEWARDSHIP
Subchapter 3 - AGREEMENT WITH APPLICANT
Section 13-109-8 - Agreement and conditions

Universal Citation: HI Admin Rules 13-109-8

Current through January, 2025

(a) The division may recommend an agreement, as set forth in section 13-109-2, for the applicant's implementation for all or portions of a forest stewardship management plan, pursuant to section 13-109-5 (b).

(b) The division may develop, process, and administer an agreement with the applicant for board approval that shall include:

(1) The scope of work and time of performance to implement program practices;

(2) The applicant's compensation for implementing approved program practices;

(3) Amendment procedures to the applicant's forest stewardship management plan;

(4) Procedures to inspect completed program practices;

(5) Applicant's program management plan; and

(6) Other terms and conditions as determined by the board.

(c) The agreement, as set forth section 13-109-2, shall be for a minimum of ten years. Depending upon the management objectives, goals, and schedule, the applicant division may agree to a longer program management dedication term. An agreement, as set forth in section 13-109-2, that includes management practices associated with timber production shall require a management dedication term of a minimum of twenty years.

(d) Applicants with a board approved forest stewardship management plan and agreement, as set forth in section 13-109-2, subject to availability of funds, shall:

(1) Receive reimbursement payments from the division in an amount not to exceed the limits set forth in section 195F-6(a), HRS, to implement practices in the applicant's approved forest stewardship management plan not to exceed a total amount per year per applicant as approved by the board;

(2) Be required to expend the applicant's funds before seeking reimbursement payments from the division. The applicant may use funds provided by federal, county, or private sector financial and technical assistance programs to fulfill the applicant's cost-share requirement; provided that the funds supplied from all financial and technical assistance programs do not cover more than ninety per cent of the actual cost of forest management practices;

(3) Receive reimbursement payments within the hold-down rates that were established for each program practice based on recommendation of the forest stewardship advisory committee;

(4) Receive reimbursement payments only for work identified in the forest stewardship management plan; and

(5) Receive reimbursement payments for program practices implemented subsequent to the board approving the agreement.

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