DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Chapter 13-147
Hawaii Administrative Rules
January 22, 1999
SUMMARY
Chapter 13-147, Hawaii Administrative Rules,
entitled "Park Acquisition Trust Fund", is adopted toread as follows:§13-147-2

HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCESSUBTITLE 6 STATE PARKS
CHAPTER 147
PARK ACQUISITION TRUST FUND
§13-147-1§13-147-2§13-147-3§13-147-4§13-147-5§13-147-6§13-147-7§13-147-8§13-147-9§13-147-10§13-147-11§13-147-12§13-147-13§13-147-14§13-147-15§13-147-16

PurposeDefinitions"Acquire a park" program; established
Administration
Trust fund assets
Trust fund expenditures
Election to take payment or delivery
Disposition of property having
insubstantial commercial value;
immunity from liability
Deposit of funds
Earmarked and excess funds; time
limitation
Matching funds
Delisted park lands
Conveyance of park lands
Donor recognition
Enforcement
Severability§13-147-1
Purpose. The purpose of this chapter
is to establish a park acquisition trust fund (trustfund) where private contributions are accumulated toacquire private lands for new or expanded state parks.
[Eff May 15 1999] (Auth: HRS §184-3.5) (Imp: HRS§184-3.5)§13-147-2
Definitions. As used in this chapter
unless the context clearly indicates otherwise:"Board" means the board of land and naturalresources, or a designee.
"Chairperson" means the chairperson of the boardof land and natural resources, or a designee.

§13-147-2"Chairperson" means the chairperson of the boardof land and natural resources, or a designee.
"Contributions" means money, gifts, or property
donated or otherwise bequeathed to the state for theacquisition of lands of resource value for use as Stateparks.
"Department" means the state department of landand natural resources.
"Donor" means person(s) making contributions.
"Person" means an individual, businessassociation, estate, trust, two or more persons having
a joint or common interest, or any other legal orcommercial entity.
"Property" means non-cash assets such as financial
securities, personal and real property.
"State" means the State of Hawaii.
[Eff May 15 1999] (Auth: HRS §184-3.5 (Imp: HRS§184-3.5)§13-147-3"Acquire a Park" program; established.
The department establishes an "acquire a park" programto:(1) Encourage state residents to assist in theacquisition by condemnation of private lands
for the state parks system. This clause does
not preclude similar assistance by nonresident or otherwise out-of-state, including
foreign, persons;(2) List proposed lands of resource value to theState to expand existing or create new parklands. Such list may be amended by thechairperson from time to time, subject to theprovisions of section 13-147-12;(3) Advertise such identified proposed park landin newspapers of general circulation in thestate and in the county(ies) in which these
proposed acquisition(s) are situated.
Advertisement may also be made on otherappropriate broadcast and electronic media,
including the Internet; and(4) Establish a trust fund to receive
contributions and earn interest income tocarry out acquisition purpose. [Eff May 151999] (Auth: HRS §184-3.5) (Imp: HRS§184-3.5)

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§13-147-7§13-147-4
Administration. The trust fund shallbe administered by the board. [Eff May 15 1999] (Auth:HRS §184-3.5) (Imp: HRS §184-3.5)§13-147-5
Trust fund assets. The trust fundassets shall consist of:(1) Contributions received by and deposited with
the State for the acquisition of specified
private lands for a particular proposed orexisting park(s);(2) Contributions received by and deposited with
the State for the acquisition of unspecified
private lands for state park purposes; and(3) Interest earned or accrued on invested trust
fund moneys; provided that invested moneys
shall be limited to guaranteed interest
accounts or, if certificates of deposit,
shall not be of a term that would jeopardize
timely expenditure of invested principal
toward an earmarked private land acquisition
for state park purposes. [Eff May 15 1999](Auth: HRS §184-3.5) (Imp: HRS §184-3.5)§13-147-6
Trust fund expenditures. The trust
fund assets shall be expended for any of the following
purposes by board action:(1) Condemnation of private lands to create a newstate park(s);(2) Condemnation of private lands to expand anexisting state park(s); and(3) Costs of administering the trust fund. Suchexpenditures of fund monies shall be limited
to earned interest amounts available in thefund at the time of expenditure. [Eff May 151999] (Auth: HRS §184-3.5) (Imp: HRS§184-3.5)§13-147-7
Election to take payment or delivery.
(a) The chairperson may decline to receive any
property reported under this part which the chairperson
considers to have a value less than the expense ofgiving public notice and of a sale to convert theproperty to cash. If the chairperson elects not toreceive custody of the property, the donor shall be147-3§13-147-7notified within one hundred twenty days after filing areport for such election.
(b) A similar election and report can be made at
the chairperson's discretion when the monetary orproperty donation is accompanied by conditions
unacceptable to the chairperson, as determined by thechairperson in the chairperson's sole discretion.
[Eff May 15 1999] (Auth: HRS §184-3.5) (Imp: HRS§184-3.5)§13-147-8
Disposition of property having
insubstantial commercial value; immunity fromliability. If the chairperson determines afterinvestigation that any property delivered under thispart has commercial value of less than one hundred
dollars ($100.00), the chairperson may destroy orotherwise dispose of the property at any time, provided
a report of such circumstance and destruction isprepared and retained by the department. No action orproceeding may be maintained against the State or anyofficer, employee, or agent of the State, or against
any donor for or on account of any action taken by thechairperson pursuant to this section.
[Eff May 15 1999] (Auth: HRS §184-3.5) (Imp: HRS§184-3.5)§13-147-9
Deposit of funds. The department
shall promptly deposit in the trust fund all funds
accepted by the chairperson. Trust fund monies may bedeposited into interest bearing accounts. In theinstance of non-monetary properties accepted by thechairperson, once custody is secured, the fiscal
officer shall consult with the department of budget andfinance to ascertain an appropriate means to convert
such property to cash for deposit into the fund, andthen make such conversions. [Eff May 15 1999] (Auth:HRS §184-3.5) (Imp: HRS §184-3.5)§13-147-10 Earmarked and excess funds; timelimitation. (a) The department may apply private
funds toward the condemnation of other state park(s) inthe county for which the contribution was intended, if
no condemnation action has been initiated for specified
private lands within five years after the receipt of
the contribution.

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§13-147-14(b) When excess private funds are available forthe acquisition of specified private lands, that land
must be acquired before any excess private funds may beused for other acquisitions within the county in which
the specified private land is located. [Eff May 151999] (Auth: HRS §184-3.5) (Imp: HRS §184-3.5)§13-147-11 Matching funds. The department may
utilize federal, state, or local government
appropriation(s) that may become available to carry out
any proposed park acquisition. Such appropriation(s)shall be used to supplement private monies accumulated
for the acquisition, using the private monies first.
[Eff May 15 1999] (Auth: HRS §184-3.5) (Imp:HRS§184-3.5)§13-147-12 Delisted park lands. The chairperson
may remove from the list established by section 13-1473(2), private lands previously identified to expand
existing or create new park lands, provided that nosuch delisting shall occur if contributions totaling atleast $10,000 is on deposit in the trust fund toacquire such listed land and the time limitation
described in section 13-147-10 has not been exceeded.
[Eff May 15 1999] (Auth: HRS §184-3.5) (Imp: HRS§184-3.5)§13-147-13 Conveyance of park lands. The boardmay, subject to chapter 171, Hawaii Revised Statutes,
and with the approval of the governor, sell, lease, orotherwise convey lands acquired pursuant to theserules, subject to terms and conditions which it deems
appropriate and which will insure that the transferee
will not use the land in a manner which is inconsistent
with the purposes for which it was acquired by theboard. The department shall provide that such terms
and conditions shall run with the land and shall bebinding on the transferee's heirs, successors, andassigns. [Eff May 15 1999] (Auth: HRS §184-3.5)(Imp: HRS §184-3.5)§13-147-14 Donor recognition. The board may
recognize the contribution of the donor(s) pursuant to147-5

13-147-14

section 13-146-27; provided that no park acquired orexisting park added to pursuant to these rules shall be
named for, by, or after a donor. [Eff May 15 1999](Auth: HRS §184-3.5) (Imp: HRS §184-3.5)§13-147-15 Enforcement. The chairperson may
bring an action in a court of competent jurisdiction toenforce the provisions of this part. [Eff May 15 1999](Auth: HRS §184-3.5) (Imp: HRS §184-3.5)§13-147-16 Severability. If any provision ofthis part or the application thereof to any person orcircumstance is held invalid, the invalidity shall notaffect other provisions of application of this partwhich can be given effect without the invalid provision
or application, and to this end the provisions of thispart are severable." [Eff May 15 1999] (Auth: HRS§184-3.5) (Imp: HRS §184-3.5)

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