(a) The initial
duration of the partnership agreement shall be six years subject to the
following conditions:
(1) The annual renewal
date of the partnership agreement shall be July 1 of each year during which the
partnership agreement is in effect;
(2) On each such annual renewal date, a year
shall automatically be added to the term of the partnership agreement so that
there shall always be six years remaining under the term of the partnership
agreement, unless by April 1 of any year, the managing partner notifies the
division in writing of nonrenewal of the partnership agreement.
(A) Notice of nonrenewal by the managing
partner shall cancel any future automatic one-year renewals.
(B) Upon notice of nonrenewal the partnership
agreement shall remain in effect for the balance of the existing six year term;
and
(3) Although the
partnership agreement is automatically renewed each year, funding amounts must
be re-authorized by the board at least every six years as follows:
(A) The managing partner shall submit an
updated six-year management plan, with a revised budget, to the department for
its review by August 31 of the sixth state fiscal year for which management
activities and funding were approved by the board. The department shall make a
recommendation to submit to the board in regard to approval of requested
funding amounts and management activities, subject to availability of
sufficient state funds.
(i) The cost of
preparing the updated plan, including the accompanying environmental assessment
or impact statement, shall be considered an allowable program expense but must
be included as part of each six-year plan approved by the board. Additional
plan preparation funds above the approved amounts will not be
available.
(ii) The managing
partner may submit an updated six-year plan more frequently than every six
years at its option and sole expense.
(B) After a department recommendation
supporting requested funding amounts and prior to board submittal, by the
department, the managing partner, with assistance from the department shall
prepare and complete an environmental review for the updated plan, according to
chapter
343, HRS, and chapter
11-200, Hawaii Administrative
Rules.
(C) The department shall
submit a recommendation for project renewal to the board within sixty days
following either:
(i) The completion of an
environmental assessment and the publication of a determination of no
significant environmental effect and issuance of a negative declaration;
or
(ii) The acceptance of a final
environmental impact statement as outlined in chapter
343, HRS.
(D) Upon renewal from the board, funding
amounts shall be authorized for a new six-year period.
