HAR §13-140-33
HAR §13-140-33. Site visits
Cite as Haw. Code R. § 13-140-33
(a) By accepting the
grant, the awardee agrees that the department may
enter lands acquired through land acquisition grants
for the purpose of inspecting the condition of the
property and resources.
(b) The department shall provide either written
or verbal notice to the landowner forty-eight hours
prior to entering the land and shall make a record of
the visit. [Eff 7/21/12] (Auth: HRS §173A-7) (Imp:
HRS §§173A-5, 173A-9)
140-16
§13-140-34 Sale, lease, or other disposal of
lands. (a) Prior to any disposal of lands acquired
with moneys from the fund, awardees must seek the
written approval of the board. Such requests for
approval shall be submitted to the department in
writing.
(b) As a condition of approval of disposition,
the board may require that the new landowner, and any
subsequent landowner, enter into a contract with the
board for the protection of the resource values.
(c) In deciding whether to approve a
disposition, the board may consider the following
factors:
(1)
If the proposed disposition is for value or
consideration:
(A)
Whether the disposition will be to an
agency or organization that is eligible
to receive awards under this chapter
and chapter 173A, HRS;
(B)
Whether the new landowner will be
capable of managing the land in
accordance with the purposes for which
the board awarded a grant; and
(C)
Whether the net proceeds of the sale
will allow the State to recover its
appropriate portion of the funds that
were originally contributed pursuant to
section 173A-10, HRS; or
(2)
If the proposed disposition is gratis, for
no value or consideration:
(A)
Whether the disposition will be to an
agency or organization that is eligible
to receive awards under this chapter
and chapter 173A, HRS; and
(B)
Whether the new landowner will be
capable of managing the land in
accordance with the purposes for which
the board awarded a grant; and
(3)
Any other factors that may help determine
the best interests of the State under
chapter 173A, HRS. In determining these
factors, the board may use criteria listed
140-17
under section 13-140-39. [Eff 7/21/12]
(Auth: HRS §173A-7) (Imp: HRS §§173A-5,
173A-9)