HAR §13-109-8
HAR §13-109-8. Agreement and conditions
Cite as Haw. Code R. § 13-109-8
(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.
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§13-109-8
(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. [Eff 1/8/99; am and comp JAN 09 2025 ] (Auth: HRS §195F-8) (Imp: HRS §195F-6)