Provides forest stewardship fund  for reforestation and
maintenance of harvested plantation areas; enhancement of public
forest reserves; and development of environmental education and
training programs for the public.  HB424 HD1

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that a sustainable forest
 2 products industry can help revitalize rural economies and expand
 3 local business activities after the downsizing of Hawaii's sugar
 4 industry.  This can be done without compromising, and in fact
 5 will be enhancing the watershed and native resource values of our
 6 public forest reserves.  Responsible management and utilization
 7 of public forests resources are integral components of a
 8 sustainable forest products industry.  Although the forest
 9 reserve system was set up to be as self-sustaining as possible,
10 public land managers have no authority to use revenue from timber
11 and other forest products to fund essential forest management
12 work.  Existing budgets allow for only sixty acres per year to be
13 harvested and reforested sustainably.  Thus, the commercial
14 management of public forests makes little contribution to the
15 recovery and growth of Hawaii's economy.  Reforestation and other
16 essential forest management projects must be funded if
17 sustainable commercial harvesting operations are to contribute
18 significantly to the management of the forest reserve system and

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                                     H.B. NO.           H.D. 1

 1 to the economy.  A portion of the value derived from the use of
 2 existing forest resources should be reinvested in order to
 3 reforest and manage harvested areas and to more effectively
 4 manage other forest resources within the forest reserve system.
 5 Revenues derived from the harvest of plantation and naturalized
 6 non-native forest resources can support the reforestation and
 7 management of harvested areas, and also contribute to the
 8 enhanced management of native forest resources and critical
 9 watersheds.  Harvesting operations will create jobs and demand
10 for value added processing facilities.  This can all be
11 accomplished without negatively impacting existing general funds
12 revenue or existing native forest resources.  The public will
13 respond more favorably to the use of its plantation and
14 naturalized non-native forest resources if funds derived from
15 harvesting can be reinvested into our forests.  Funding must also
16 be provided for environmental education and training programs
17 that illustrate the need for responsible and sustainable forest
18 management.
19      The purposes of this Act are to:
20      (1)  Provide for the reforestation and maintenance of
21           harvested plantation areas on state lands;

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                                     H.B. NO.           H.D. 1

 1      (2)  Enhance the management of public forest reserves in
 2           order to improve Hawaii's natural environment and
 3           economy; and
 4      (3)  Develop environmental education and training programs
 5           for the public.
 6      This will be funded through the reinvestment of income
 7 derived from the harvesting of forest products from state lands
 8 and the sale of tree seedlings from state nurseries.
 9      SECTION 2.  Section 183-16, Hawaii Revised Statutes, is
10 amended to read as follows:
11      "183-16  Income from forest reserve.  (a)  In case any
12 moneys accrue from the harvest of non-native forest products from
13 forest reserves, the harvest of native forest products from
14 forest reserves, if found dead and lying on the ground, or the
15 sale of tree seedlings from state nurseries, the moneys shall be
16 deposited into the forest stewardship fund.
17      (b)  In case any other moneys accrue from any forest
18 reserve[,] or the products thereof, [or the sale of tree
19 seedlings from state nurseries,] the moneys shall be deposited
20 with the state director of finance to the credit of the general
21 fund."

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                                     H.B. NO.           H.D. 1

 1      SECTION 3.  Section 195F-3, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "[[]195F-3[]]  Establishment of the forest stewardship
 4 program.  (a)  There is established a forest stewardship program
 5 to be administered by the board to assist private landowners in
 6 managing, protecting, and restoring important watersheds, native
 7 vegetation, timber resources, fish and wildlife habitats,
 8 isolated populations of rare and endangered plants, and other
 9 lands that are not recognized as potential natural area reserves.
10      (b)  The program shall reimburse landowners for a portion of
11 the landowners' total costs in developing and implementing
12 approved forest stewardship management plans, as set forth in
13 this chapter.
14      (c)  The program shall also assist in the forest stewardship
15 of public lands and in developing education and training programs
16 for sustainable forestry as set forth in section 195F-4(a)(2)."
17      SECTION 4.  Section 195F-4, Hawaii Revised Statutes, is
18 amended by amending subsection (a) to read as follows:
19      "(a)  There is established a special fund within the state
20 treasury known as the forest stewardship fund [from which
21 payments] which shall be used as follows:

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                                     H.B. NO.           H.D. 1

 1      (1)  Payments shall be made by the board pursuant to
 2           agreements entered into with qualified landowners to
 3           further the purposes of this chapter[.]; and
 4      (2)  Moneys collected from the harvest of non-native
 5           products from state lands, the harvest of native forest
 6           products from forest reserves, if found dead and lying
 7           on the ground, and the sale of tree seedlings from the
 8           state nurseries, shall be expended to accomplish the
 9           following activities:
10           (A)  Replanting, managing, and maintaining designated
11                timber management areas;
12           (B)  Enhancing the management of public forest reserves
13                with an emphasis on restoring degraded koa
14                forests; and
15           (C)  Developing environmental education and training
16                programs pertaining to sustainable forestry;
17           Provided that funding for the purposes described in
18           subparagraphs (B) and (C) may not occur unless the
19           activities described in approved management plans
20           pertaining to subparagraph (A) are adequately funded."
21      SECTION 5.  Section 195F-6, Hawaii Revised Statutes, is
22 amended by amending subsection (e) to read as follows:

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                                     H.B. NO.           H.D. 1

 1      "(e)  The board shall submit annually a detailed report to
 2 the governor and legislature [setting forth] that shall:
 3      (1)  Identify management objectives that have been
 4           completed[,] on private lands resulting from payments
 5           made as set forth in section 195F-4(a)(1) and provide
 6           an analysis of problems and issues encountered in
 7           meeting or failing to meet objectives as set forth in
 8           the management plans[, the financial condition of the
 9           fund, and management objectives for the next year.];
10      (2)  Identify all reforestation, forest management,
11           education, and training objectives that have been
12           completed as a result of any expenditures made as set
13           forth in section 195F-4(a)(2);
14      (3)  Describe the financial condition of the fund, including
15           receipts and expenditures from the previous fiscal
16           year; and
17      (4)  Set forth plans and management objectives for the next
18           fiscal year."
19      SECTION 6.  Statutory material to be repealed is bracketed.
20 New statutory material is underscored.
21      SECTION 7.  This Act shall take effect on July 1, 1999.