Hawaii Administrative Rules
Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES
Subtitle 9 - NATURAL AREA RESERVES SYSTEM
Chapter 210 - RULES REGULATING APPLICATION, APPROVAL, AND ADMINISTRATION OF THE NATURAL AREA PARTNERSHIP PROGRAM
Subchapter 3 - PROJECT ADMINISTRATION
Section 13-210-15 - Termination
Universal Citation: HI Admin Rules 13-210-15
Current through February, 2024
(a) The partnership agreement may only be terminated for one of the following reasons on the following terms:
(1) The partnership agreement is subject to
continued state funding of the State's two-thirds share of the approved
management plan budget. If in any fiscal year, either the State does not
appropriate or the board does not approve the expenditure of funds sufficient
to meet the State's full two-thirds share of the approved partnership
agreement, the applicant may:
(A) Elect to
terminate without any payback or penalty conditions at the end of the last
fiscal year for which any funds have been appropriated and approved. In this
event, the State shall not require that the conservation easement remain in
effect under section
195-6.5,HRS;
or
(B) Elect to renew for less
funding than originally approved. In this event, the State shall require that
the conservation easement remain in full effect. In this event, the managing
partner shall revise the management plan and budget in the managing partner's
reasonable discretion to accomplish significant management goals which can
reasonably be funded with the amount of state matching funds actually
approved.
(2) The
partnership agreement may be terminated without penalty by nonrenewal effective
at the end of the fifth full fiscal year following the date of notice of
nonrenewal as provided in section 13-210-11(a)(2), provided:
(A) In this event, the State shall require
that the conservation easement remain in full effect; and
(B) If any default of the managing partner
has not been remedied by the date of termination for nonrenewal, the managing
partner's obligation to remedy such default and the remedies therefor,
including the penalty payback provisions in section 13-210-16, shall survive
termination.
(3) The
partnership agreement may be terminated without penalty if the reserve is
transferred or sold to a government agency committed to the preservation of
biological diversity and possessing the technical and professional skills to
manage the reserve's natural resources.
(4) The partnership agreement may be
terminated by the State upon substantial evidence that progress being made by
the managing partner in carrying out the management plan is inadequate,
incorrect, or insufficient to substantially complete on a timely basis the work
called for in the management plan, subject to the lack of performance
notification provisions as set forth in the partnership agreement. In this
event, the State shall require that the conservation easement remain in full
effect.
(b) All disputes regarding default and termination under the partnership agreement which cannot be resolved by the parties, either- with or with out mediation as provided in section 13-210-17, shall be referred to arbitration as provided in section 13-210-18.
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