Bill Text: HI SB990 | 2018 | Regular Session | Amended
Bill Title: Relating To Forest Stewardship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB990 Detail]
Download: Hawaii-2018-SB990-Amended.html
|
THE SENATE |
S.B. NO. |
990 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
|
|
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 that:
(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 privately [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 [private] 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 [private] 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:
"(a) There is established a forest
stewardship program to be administered by the board to assist [private
landowners in managing, protecting, and restoring] landowners of
privately managed forests 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;
(3) Management for non-native forest
products on lands [from which all or most of the native vegetation had
been removed prior to January 1, 1991;] that have not been cleared of
all or most of the native vegetation in the previous five years;
[(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, 1991];
[(6)] (7) Management and maintenance of
native fish and wildlife habitats;
[(7)] (8) Management of outdoor
recreational opportunities; and
[(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:
"(a) Payments from the forest stewardship
fund shall not exceed [fifty]:
(1) Seventy-five per cent of the total
cost of the landowner in developing [and implementing] 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) to (e) to read:
"(c) To receive funds under the forest stewardship program, an applicant shall:
(1) Be a landowner of [private] privately
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
managed] A 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 chapter;
(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 entering
into the program implementation agreement with 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.
Report Title:
Forest Stewardship Program
Description:
Increases the reimbursement rate for the development of forest stewardship management plans. Clarifies conditions that must be met by applicants to receive funds under the Forest Stewardship Program. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
