HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO FOREST STEWARDSHIP.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 195F-1, Hawaii Revised Statutes, is amended to read as follows:
§195F-1[ ]] Findings
and purpose. The legislature finds
(1) Much of the forest
land in Hawaii is privately owned[
;] and managed;
(2) The capacity to
protect important watersheds and native Hawaiian plants and animals and to
produce renewable forest resources is significantly dependent on these
owned] managed forest and formerly forested lands;
(3) The factors
essential to the quality of life in Hawaii, including our water and air
quality, mild climate, and habitat available for plants and animals unique to
these islands, can be maintained and improved through good stewardship of [
privately managed forest [ lands];
(4) To accomplish
these purposes, the present system of state and federal financial and technical
assistance programs needs to be expanded to promote the long-term management of
additional privately [
owned] managed forest and formerly forested
lands throughout the State; and
(5) A forest
stewardship program should be established to supplement the natural area
reserves system's programs under chapter 195 by encouraging [
landowners of privately [ owned] managed forest and formerly
forested lands that cannot qualify as potential natural area reserves to make
long-term commitments to protect, maintain, and restore important watersheds, [ timber]
forest resources, forest products, fish and wildlife habitats,
isolated populations of rare and endangered plants, native vegetation, and
other lands that provide significant public benefits.
The purpose of this chapter is to establish a program to financially assist landowners in managing, protecting, and restoring important natural resources in Hawaii's forested and formerly forested lands."
SECTION 2. Section 195F-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Program implementation agreement" means a written forest stewardship management contract between the board and program applicant."
SECTION 3. Section 195F-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
There is established a forest
stewardship program to be administered by the board to assist [
landowners in managing, protecting, and restoring] landowners of privately
managed forest to manage, protect, and restore important watersheds, native
vegetation, [ timber] forest resources, forest products,
fish and wildlife habitats, isolated populations of rare and endangered plants,
and other lands that are not recognized as potential natural area reserves."
SECTION 4. Section 195F-5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) To participate in the forest stewardship
program, the applicant landowner shall prepare and submit [
to the board]
a forest stewardship management plan that shall:
(1) Identify and
describe activities to be undertaken by the landowner to protect soil, water,
aesthetic quality, recreation, [
timber,] forest resources, forest products,
water, fish, wildlife, and native plant resources on the land in a manner that
is compatible with the objectives of the program, is consistent with this
chapter, and qualifies under the board's list of approved activities;
(2) Be signed by all parties having an interest in or holding any encumbrance upon the property, and shall state that the parties agree to comply with the plan upon its approval; and
(3) Be approved by the board and available for public review.
(b) The board and other cooperating natural resource management agencies shall develop a list of approved management activities and practices that shall be eligible for cost-share assistance under the program in the following areas:
(1) Enhanced management and maintenance of vegetation on vital watershed lands;
(2) Sustainable growth
and management of forests for timber and [
other] forest products [ on
lands from which all or most of the native vegetation had been removed prior to
January 1, 1991];
(3) Management for non-native forest products; provided the land was not previously cleared of native vegetation for the purpose of non-native forest production;
(3)] (4) Protection, restoration, and enhancement of
native plants and animals;
(4)] (5) Management, maintenance, and restoration of
forests for shelterbelts, windbreaks, aesthetic quality, and other conservation
purposes [ on lands from which all or most of the native vegetation had been
removed prior to January 1, 1991];
(5)] (6) Agroforestry management [ on lands from
which all or most of the native vegetation had been removed prior to January 1,
(6)] (7) Management and maintenance of native
fish and wildlife habitats;
(7)] (8) Management of outdoor recreational
(8)] (9) Other activities approved by the board,
which are consistent with this chapter."
SECTION 5. Section 195F-6, Hawaii Revised Statutes, is amended as follows:
(1) By amending subsection (a) to read as follows:
Payments from the forest stewardship fund shall not exceed [
per cent of the total cost of the landowner in developing [
an approved management plan[ .]; and
(2) Fifty per cent of the total cost of the landowner in implementing an approved management plan.
Total payments to any one landowner shall be determined by the board, and the reasonable value of material, goods, and services contributed toward the management plan by the landowner shall be included in determining the amount of the landowner's cost. The landowner shall be required to spend private funds before reimbursements are made. In-kind services such as heavy equipment and existing sources of labor may be utilized as a portion of the landowner's contribution in implementing the management plan that is consistent with this chapter."
(2) By amending subsections (c), (d), and (e) to read as follows:
"(c) To receive funds under the forest stewardship program, an applicant shall:
(1) Be a landowner of [
managed forest that is not managed under existing federal, state, or
private sector financial and technical assistance programs and that is not
recognized as a potential natural area reserve.
[ Private forest lands] Privately managed forest
under existing federal, state, or private sector financial and technical
assistance programs may be eligible for assistance under this program if the
landowner agrees to comply with the requirements of the program or if forest
management activities are expanded or enhanced to meet the requirements of this
(2) Prepare and submit a forest stewardship management plan as set forth in section 195F-5; and
(3) Enter into [
an] a program
implementation agreement with the board [ to do the following:], upon
approval of the forest stewardship management plan by the board. Upon approval of the program implementation
agreement by the board, the applicant shall:
(A) Undertake and maintain the approved activities under the management plan for not fewer than ten years, unless the board approves modifications in the plan;
(B) Complete all approved activities under the management plan within the timetable agreed upon by the board and the landowner consistent with the intent of this chapter;
(C) Submit an annual progress report to be reviewed by the board for each year in which the landowner receives support under the program. This report shall detail accomplishments, areas requiring technical advice, and any proposed modifications of the management plan; and
(D) Other conditions deemed necessary by the board to implement the purposes of this chapter.
(d) The board shall review the annual progress report and shall determine whether the landowner has met the objectives of the management plan. To facilitate the review, the department shall have the right to make inspections of the forest land after prior landowner notification. The board may approve alteration of the management plan to adapt to current conditions. Amendments to the management plan shall be available for public review.
(e) The board shall submit annually a detailed report to the governor and legislature that shall:
(1) Identify management objectives that have been
completed on [
private lands] privately managed forest lands
resulting from payments made pursuant to section 195F-4(a)(1) and provide an
analysis of problems and issues encountered in meeting 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 any expenditures 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 the next fiscal year."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Forest Stewardship Program
Clarifies conditions that must be met by applicants to receive funds under the Forest Stewardship Program.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.