DEPARTMENT OF LAND AND NATURAL RESOURCESDIVISION OF FORESTRY AND WILDLIFE
Amendment and compilation of Chapter 109
Hawaii Administrative Rules

SUMMARY
1.

The title of Subchapter 3 is amended.

2.

§§13-109-1 through 13-109-11 are amended.

3.

Chapter 109 is compiled.

Amendment and Compilation of Chapter 109
Hawaii Administrative Rules

1.
Chapter 109, Hawaii Administrative Rules, entitled"Rules for Establishing Forest Stewardship", is amended andcompiled to read as follows:"HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
CHAPTER 109
RULES FOR ESTABLISHING FOREST STEWARDSHIP
Subchapter 1.
§13-109-1§13-109-2§13-109-3§13-109-4§13-109-5§13-109-6

Purpose and applicability
Definitions
Establishment and duties of the forest
stewardship advisory committee
Applicant eligibility
Applicant enrollment
Establishment of approved forest stewardshippractices

Subchapter 2.
§13-109-7

Management Plan

Forest stewardship management plan

Subchapter 3.
§13-109-8§13-109-9§13-109-10§13-109-11

General Provisions

Agreement with Applicant

Agreement and conditions
Reports
Penalty payback provisions
Payback provision for commercial production oftimber or other forest products

SUBCHAPTER 1
GENERAL PROVISIONS§13-109-1 [Purpose and applicability.]Purpose andapplicability. The purpose of this section is to provide rules
to implement chapter 195F, HRS, which authorizes the board ofland and natural resources to establish a forest stewardshipprogram to financially assist applicants to manage, protect, andrestore important natural resources on private forest orformerly forested property. [Eff 1/8/99; am andcomp] (Auth: HRS §195F-8) (Imp: HRS §195F-1)§13-109-2 [Definitions.]Definitions. As used in thischapter, unless the context requires otherwise:"Administrator" means the administrator of the division offorestry and wildlife, department of land and natural resources.
"Agreement" means a written program forest stewardshipmanagement [contract] agreement between the board andapplicant[.], in which the parties agree that the board willcontribute funding to cover the cost of implementing the forest
stewardship management plan.
"Applicant" means any private entity or person having aninterest in or holding any encumbrance upon [private] eligible
property in the State, as set forth in section 13-109-4,
including any private entity or person having a leaseholdinterest in the real property with an unexpired term of ten or
more years.
"Board" means the board of land and natural resources.
"Chairperson" means the chairperson of the board of landand natural resources.
"Department" means the department of land and natural
resources.
"Division" means the division of forestry and wildlife,
department of land and natural resources.
"Forest stewardship advisory committee" means a group ofpeople representing federal, state, and county resource
agencies, private landowners, forest industry, consulting
foresters, native Hawaiian interests, and environmental andconservation organizations who advise the administrator. The
forest stewardship advisory committee shall meet therequirements for a State Forest Stewardship Coordinating
Committee, as set forth in the Cooperative Forestry Assistance
Act of 1978, P.L. 91-313, § 19 (codified at 16 U.S.C. §2113(2018)), as amended.

"Hold-down rate" means the maximum cost-share rate that the
program will pay to an applicant to implement a practice.
"Landowner" means any person having an interest in or
holding any encumbrance upon land in the State, including any
person having a lease interest in the real property with an
unexpired term of ten or more years.
"Management dedication term" means a period in which theapplicant agrees to implement and maintain the project site as
established under the agreement.
"Management plan" means a written document for the
management of a specified area identifying forest stewardshipmanagement goals, objectives, and forestry practices necessary
for the long-term management of forest resources, fire hazards,
timber and wood products, soil and water resources, riparian
areas, wetlands, fish and wildlife habitats, and outdoor
recreation.
["Natural area partnership program" is a state program as
set forth in chapter 195, HRS, and is designed to manage private
lands that are of natural area quality that are permanently
dedicated to conservation.]"Native vegetation" means trees, shrubs, and plants endemic
or indigenous to Hawaii.
"Potential natural area reserve" means land or water areas
within the protective subzone of the conservation district
established pursuant to chapter 183C, HRS, intact native naturalcommunities identified by the heritage program pursuant tosection 195-2, HRS, and other lands or waters meeting criteria
established by the natural [areas] area reserves system[pursuant to section 195-2, HRS.]commission.
"Practice" means a management action that is eligible forprogram cost-share assistance.
"Program" means the forest stewardship program establishedin section 195F-3, HRS.
"Program proposal" means a request from a landowner to theprogram for cost-share assistance for the development of aforest stewardship management plan.
[Eff 1/8/99; am and comp] (Auth: HRS §195F8) (Imp: HRS §195F-2)§13-109-3 [Establishment and duties of the forest
stewardship advisory committee.]Establishment and duties of theforest stewardship advisory committee. (a) The chairperson
shall establish a forest stewardship advisory committee toadvise and assist the division to plan, coordinate, andimplement the program. The chairperson or the chairperson’s
designee or the authorized representative shall appoint [achairperson and] members to the forest stewardship advisorycommittee. Members shall be volunteers, serve part-time, andshall not be compensated by the program for duties performed.
(b) The forest stewardship advisory committee shallperform the following duties:(1) Review and recommend [for approval to theadministrator,] program [proposal and management plansprior to board submittal;] proposals to theadministrator for approval;(2) Review and recommend forest stewardship management
plans to the administrator for approval;(3) Recommend approval of financial assistance for
implementation of forest stewardship management plans
to the administrator, prior to board submittal;[(2)] (4) Establish and periodically review program
practices and recommend hold-down rates for eachprogram practice; [and][(3)] (5) Advise the department on other [program] relevant
policies and guidelines[.], including but not limited to
local and national initiatives; and(6) Review and make recommendations to the administrator
regarding federal Forest Legacy Program proposals,
grant requests, and projects pursuant to the
Cooperative Forestry Assistance Act of 1978, P.L. 91313, §7 (codified at 16 U.S.C. §2103c (2012)), as
amended.
(7) Review applications for membership on the forest
stewardship advisory committee and makerecommendations to the chairperson or her designee orthe authorized representative for approval.
(c) The forest stewardship advisory committee shall meetquarterly each year, with each member serving [two-year] threeyear staggered terms. The chairperson or the chairperson’s
designee or the authorized representative may appoint members toconsecutive terms.
(d) The forest stewardship advisory committee shall maintaina record of its activities and actions.
(e) Any action taken by the forest stewardship advisorycommittee shall be by a simple majority of its members.
(f) [Seven] The forest stewardship advisory committee shallconsist of thirteen members. Seven members of the forest
stewardship advisory committee shall constitute a quorum to dobusiness. [Eff 1/8/99; am and comp] (Auth: HRS§195F-8) (Imp: HRS §195F-3)

§13-109-4 [Applicant eligibility.]Applicant eligibility.
(a) [In order to] To qualify under this program, [applicants]
an applicant shall be [private individuals, joint owners,
private organizations, private associations, or corporations.] alandowner, as set forth in section 13-109-2.
(b) Applicants are eligible to receive program assistanceif [private forest] property is:(1) Managed by applying approved practices, as defined by[chapter] section 195F-5(b), HRS[.];(2) Managed so as not to degrade native vegetation, as
defined by section 195F-2, HRS[.], while applicant is
implementing approved forest stewardship management
plan as set forth in section 195F-5, HRS[.]; and(3) A minimum of five contiguous acres that will be
dedicated to the program.
(c) Applicants are ineligible to receive programassistance, if [private] otherwise eligible property is:(1) Leasehold for a period of less than ten years
following program approval;[(2) Managed under existing federal, state, or private
financial assistance programs. Private forest lands
managed under existing federal, state, or private
sector financial and technical assistance programs may
be eligible for assistance if the applicant agrees tocomply with the requirements of the program or if
forest management practices are expanded or enhanced
to meet the requirements of this section;] or[(3)] (2) A potential natural area reserve[. as defined inthis chapter].
[(d) A minimum of five contiguous acres of private property
shall be dedicated to the program.](d) Private lands managed under existing federal, county,
or private sector financial and/or technical assistance programsin conjunction with the forest stewardship program are noteligible to receive more than ninety per cent of the total costof the forest management practices from all financial andtechnical assistance programs. [Eff 1/8/99; am andcomp] (Auth: HRS §195F-8) (Imp: HRS §195F-6)§13-109-5 [Applicant enrollment.]Applicant enrollment.
(a) Applicants [found] eligible under section 13-109-4 shallfollow these steps for program enrollment:(1) Applicants shall submit a program proposal to theforest stewardship advisory committee forconsideration. The proposal shall describe theapplicant’s forest management objectives, including

proposed practices[,] and the nature of the forest
resources to be managed. The forest stewardshipadvisory committee shall recommend for approval to theadministrator, eligible proposals that adequately
address current program priorities. Program
priorities include, but are not limited to:(A) Enhancement and protection of key watershed areasin the public interest;(B) Development or adaptation of new forestry andconservation techniques for Hawaii;(C) [Provision] Provisions for economic
diversification and rural employment; and(D) Preservation or restoration of especiallyvaluable natural resources, including nativeplants, animals, and ecosystems.
(2) Applicants whose program proposals are recommended forapproval by the forest stewardship advisorycommittee[,] and approved by the administrator, may
prepare and submit a [program] forest stewardshipmanagement plan pursuant to section 195F-5(a), HRS,
for consideration to the forest stewardship advisorycommittee [. The program management plan shall cover aminimum of ten years.] as provided in section 13-1097(a). Applicants are eligible to receive
reimbursement payments from the division in an amount
not to exceed the limits set forth in section 195F6(a), HRS, for the development of a forest stewardshipmanagement plan after the forest stewardshipmanagement plan is recommended for approval by theforest stewardship advisory committee and approved by
the administrator.
(3) Reimbursement for the development of a forest
stewardship plan shall be subject to approval of theforest stewardship management plan by the board, orthe board’s designee.
(b) Upon approval of the [program] forest stewardshipmanagement plan by the forest stewardship advisory committee[,the] and administrator, the administrator may recommend to theboard, approval of financial assistance for implementation of
all or selected portions of the forest stewardship management
plan, subject to availability of funding. The division shallalso prepare [and enter into] an agreement pursuant to section
195F-6(c)(3), HRS, between the applicant and board [forapproval], as provided in section [13-109-7(a).] 13-109-8(a),for approval by the board. The [program] forest stewardshipmanagement plan shall be attached as an [addendum] exhibit to
the agreement.

(c) Upon board approval of the agreement, the applicant is
responsible for implementing the practices described in the[program management plan] agreement for the duration of the[approved project implementation period.] management dedication
term. [Eff 1/8/99; am and comp] (Auth: HRS§195F-8) (Imp: HRS §§195F-5, 195F-6)§13-109-6 [Establishment of approved forest stewardshippractices.]Establishment of approved forest stewardshippractices. (a) A list of forest stewardship management
practices shall be eligible for cost-share assistance asprovided in section [195F-5,] 195F-5(b), HRS. [They] Theeligible categories of forest stewardship practices include, but
are not limited to:(1) Applicant forest stewardship management plandevelopment [enables applicants] to define [their] theforest management objectives and the specificmanagement practices that [they] will [employ] be
employed to achieve these objectives[.];(2) Reforestation and afforestation [establishes] toestablish or [reestablishes diverse] reestablish
forest stands through natural regeneration, planting,or direct seeding for conservation purposes,
windbreaks, and sustained [timber] production[. A
list of eligible program practice components includes:(A) Site preparation;(B) Seedling purchase and/or production;(C) Seedling planting;(D) Fertilization and/or soil amendments;(E) Weed and/or moisture control; and(F) Tree seedling protection, including predator
control.] of forest products;(3) Forest and agroforest [improvement improves]management to improve forest stand productivity, standvigor, forest health, aesthetic quality, fire
prevention, and the value and quality of [wood] forest
products. [A list of eligible program practicecomponents includes:(A) Release of desirable tree species;(B) Noncommercial thinning;(C) Control of undesirable plant species;(D) Fertilization and/or soil amendments; and(E) Tree seedling protection, including predator
control.
(4) Windbreak and hedgerow establishment establishes,
maintains, and renovates windbreaks and hedgerows toreduce soil erosion and conserve soil and water
resources. A list of eligible program practicecomponents includes:(A) Site preparation;(B) Seedling purchase and/or production;(C) Seedling planting(D) Fertilization and/or soil amendments;(E) Weed and/or moisture control;(F) Non-commercial thinning;(G) Mulching; and(H) Tree seedling protection, including predator
control.];[(5)] (4) Soil and water protection and improvement[maintains or improves] to maintain or improve water
quality and soil productivity on forested land andalong waterways. [A list of eligible program practicecomponents includes:(A) Critical area revegetation;(B) Mulching;(C) Water diversion; and(D) Tree seedling protection, including predator
control.];[(6)] (5) Riparian and wetland protection [protects,
restores, and improves] to protect, restore, andimprove wetlands and riparian areas to maintain water
quality and enhance habitat. [A list of eligible
program practice components includes:(A) Site preparation;(B) Seedling purchase and/or production;(C) Seedling planting;(D) Fertilization and/or soil amendments;(E) Establish permanent vegetative cover;(F) Streambank stabilization; and(G) Tree seedling protection, including predator
control.];[(7)] (6) [Wildlife] Native fish and wildlife habitat
improvement [restores, improves, or establishes] andmanagement to restore, improve, maintain, or establish
permanent upland and/or wetland habitat for [specificgame, non-game, non-native or] native fish andwildlife species. [A list of eligible program practicecomponents includes:(A) Control of undesirable plant species;(B) Site preparation;(C) Wildlife watering units;(D) Seedling purchase and/or production;(E) Seedling planting;

(F)
(G)

Fertilization and/or soil amendments; andTree seedling protection, including predator
control.];and(7) [(8)] Forest recreation enhancement [establishes andenhances] to establish and enhance forest recreation[.
A list of eligible program practice components
includes:(A) Trail construction(b) Harvesting practices, and practices] opportunities.
(8) Invasive species management to control and manage
incipient or established invasive species.
(b) The forest stewardship advisory committee shallrecommend to the board eligible practices for use under the
program.
[(b)] (c) [Harvesting practices and practices] Practices
involving [Christmas tree or] orchard production are noteligible for program cost-share assistance. [Eff 1/8/99; am andcomp] (Auth: HRS §195F-8) (Imp: HRS §195F-5)
SUBCHAPTER 2MANAGEMENT PLAN
§13-109-7 [Forest stewardship management plan.]Forest
stewardship management plan. (a) The forest stewardshipmanagement plan shall include:(1) Cover sheet. This page lists the applicant’s name andaddress; location of [private] property described in
the plan; the name, address, title, and phone numberof the person completing the plan; and the date theplan is completed.
(2) Signature page. This page shall be signed by theapplicant, person preparing the plan, and by theadministrator certifying that the plan meets thecriteria established for the program.
(3) [Stewardship plan preface.] Executive summary. This
[form, when checked off by the person writing the
program management plan, lists the natural resource
values:(A) Reforestation;(B) Soil and water quality;(C) Agroforestry;(D) Forest health;(E) Archaeological or cultural resources;(F) Wildlife enhancement;(G) Threatened and Endangered species; and

(4)

(5)

(6)

(7)

(8)

(9)

(H) Native resources.
that the applicant has considered to qualify thisprogram plan as a stewardship project.] section
summarizes the property description, past and current
land uses, current forest conditions (e.g., forest
type, vegetation, wildlife, forest health, threats,
and other resource concerns), landowner vision andgoals, and management objectives.
Introduction. This [portion of the plan] section
briefly describes [private] the property being
dedicated to the program, current and historic land
uses, including any commercial uses, elevation,
rainfall, topography, the applicant’s overall visionand goals, and a concise summary of the applicant’s
specific forest management objectives.
Land and resource description. This [portion] section
describes the physical and ecological characteristicsof the property being dedicated to the program,including existing vegetation, [slope, elevation,
aspect,] existing infrastructure, access, soil andwatershed conditions, fish and wildlife habitats,threats to forest health and function, forest
products, recreational and aesthetic values, historicor cultural resources, and threatened and endangered
species pursuant to chapter 195D, HRS.
[Recommended] Management objectives and recommended
practices. This [portion] section describes the
specific forest management objectives and one or moreforest stewardship practices as recommended by the
person writing the applicant’s program management plan
as provided in section 13-109-6(a)(1) to (8).
Practice implementation schedule. This [portion]section summarizes the annual practices and estimatescorresponding annual costs for the duration of theapproved project implementation period in a tableformat. [It] The schedule shall outline the program
practices, approved program reimbursements, and theapplicant’s costs.
Budget summary. This [portion] section estimates theannual total costs contributed by the program, anyother contributing financial assistance program, andapplicant for the duration of the approved project
implementation period.
[Program map. A program map or topographic map at one
inch equals twenty-four thousand feet scale] Project
maps. Maps, such as a location map, project attribute
map, and soil map, shall be attached to the [program]forest stewardship management plan. The [map] maps
shall delineate the area which the applicant isdedicating to the program. [Eff 1/8/99; am andcomp] (Auth: HRS §195F-8) (Imp: HRS§195F-5)
SUBCHAPTER 3
AGREEMENT WITH APPLICANT§13-109-8 [Agreement and conditions.]Agreement andconditions. (a) The division [shall] may recommend an
agreement, as set forth in section 13-109-2, for the applicant’s
implementation for all or portions of a forest stewardshipmanagement plan, pursuant to section 13-109-5(b).
(b) The division may develop, process, and administer anagreement 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.
[The agreement shall be for a minimum of ten years.
(b)] (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 [canchoose to accept a] and division may agree to a longer program
management dedication term [of greater than 10 years]. An
agreement, as set forth in section 13-109-2, that includes
management practices associated with timber production shallrequire a management dedication term of a minimum of twenty
years.
[(c)] (d) Applicants with a board approved forest
stewardship management plan and agreement, as set forth insection 13-109-2, subject to availability of funds, shall:(1) Receive [reimbursed] reimbursement payments from thedivision [up to fifty per cent of the total actual
costs] in an amount not to exceed the limits set forthin section 195F-6(a), HRS, to [develop and] implement
practices in the applicant’s approved [program
practices] forest stewardship management plan not toexceed a total amount per year per applicant as[designated] approved by the [division;] board;(2) Be required to [spend] expend the applicant’s funds
before seeking reimbursement payments from thedivision[; and(3) Not use other federal, state, or county government
program funds for the applicant’s fund matchingrequirements]. The applicant may use funds provided
by federal, county, or private sector financial andtechnical assistance programs to fulfill theapplicant’s cost-share requirement; provided that thefunds supplied from all financial and technicalassistance programs do not cover more than ninety percent of the actual cost of forest management
practices;[(d) Other conditions include:(1) Reimbursement payments to the applicant shall:][(A)](3) [Be] Receive reimbursement payments within
the hold-down rates that were established for eachprogram practice [by] based on recommendation of theforest stewardship advisory committee;[(B) Not be made for a management practice that isfunded through another government program;][(C)] (4) [Not be made] Receive reimbursement
payments only for [any] work [not] identified in the[program] forest stewardship management plan; and[(D)] (5) [Not be made] Receive reimbursement
payments for program practices implemented [prior]subsequent to the board approving the [program]agreement. [Eff 1/8/99; am and comp]
(Auth: HRS §195F-8) (Imp: HRS §195F-6)§13-109-9 [Reports.]Reports. (a) The applicant shallsubmit [semiannual] semi-annual progress reports every six
months to the division for each year in which the applicant
receives program funding. The reports shall detail programaccomplishments, areas requiring technical advice, and any
proposed modifications to the program management plan and otherconditions deemed necessary by the board to implement the
purposes of chapter 195F, HRS.
(b) [Upon applicant’s submittal of progress reports andprogram practice invoices,] Before making any reimbursement
payments, the division shall have the right to inspect andapprove the work on [private] the property after prior notice
has been [made] given to the applicant. [Upon approval, thedivision shall reimburse the applicant an amount up to fifty percent of the total actual cost to implement approved management
practices and based on the program budget in the agreement andas provided in section 13-109-8(d)(1)(A) to (D).](c) In the event that the applicant determines in goodfaith that it is unable to [fulfill its financial and program
management obligations,] implement the agreement, the [division]
chairperson or the chairperson’s designee or the authorized
representative may renegotiate the terms of the agreement withthe applicant. Terms of the agreement shall include:(1) Reestablishment of management priorities;(2) Deferral or discontinuation of the specified work; or(3) An extension of time to accomplish the specified work.
[Eff 1/8/99; am and comp] (Auth: HRS§195F-8) (Imp: HRS §1925F-6)§13-109-10 [Penalty payback provisions.]Penalty payback
provisions. (a) Failure by the applicant to comply with the[management plan and] agreement terms may result in thecancellation of the [forest stewardship designation.] agreementby the board.
(b) In the event that the agreement is cancelled [theapplicant defaults on the agreed terms between the board andapplicant], the applicant shall promptly pay the State thefollowing payback and penalty moneys:(1) If [the applicant defaults] cancelled in the first
three years following the initial date of theagreement, the applicant shall pay back all matchingfunds to the State;(2) If [the applicant defaults] cancelled after the first
three years following the initial date of theagreement, the applicant shall pay back matching funds
received for the immediately preceding three years to
the State; and(3) A penalty provision consisting of an interest payment
as determined in the agreement between the board andapplicant shall be added to the [refund] payment due
to the State. [Interest payment shall be calculated
on an annual per cent of funds received by theapplicant.] [Eff 1/8/99; am and comp]
(Auth: HRS §195F-8) (Imp: HRS §195F-7)§13-109-11 [Payback provision for commercial timber
production.]Payback provision for commercial production oftimber or other forest products. If an applicant’s primarymanagement objective is commercial [timber] production [,] of

timber or other forest products, the board may require as acondition to receiving state matching funds a payback provisionthat a certain percentage of all matching state funds be paidback to the State upon each commercial [timber] harvest as set
forth in the [contract] agreement between the board and theapplicant. [A commercial timber harvest as used herein isdefined as a certain minimum volume of timber removed per acrefrom a certain minimum acreage of the applicant’s property as
determined by the division or as set forth in the contract
between the board and the applicant.] [Eff 1/8/99; am andcomp] (Auth: HRS §195F-8) (Imp: HRS §195F-4)

2.
Material, except source notes and other notes, tobe repealed is bracketed and stricken. New material isunderscored.
3.
Additions to update source notes and other notes
to reflect these amendments and compilation are not underscored.
4.
These amendments to and compilation ofChapter 109, Hawaii Administrative Rules, shall take effect tendays after filing with the Office of the Lieutenant Governor.
I certify that the foregoing are copies of the rules,
drafted in the Ramseyer format pursuant to the requirements ofsection 91-4.1, Hawaii Revised Statutes, which were adopted on
and filed with the Office of the Lieutenant
Governor.

DAWN N. S. CHANG
Director of Departmentof Land and Natural
Resources

APPROVED AS TO FORM:

Deputy Attorney General