Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 210 - RULES REGULATING APPLICATION, APPROVAL, AND ADMINISTRATION OF THE NATURAL AREA PARTNERSHIP PROGRAM › Subchapter 3 - PROJECT ADMINISTRATION › Section 13-210-11 - Agreement administration

Current through June, 2024
(a) The initial
				  duration of the partnership agreement shall be six years subject to the
				  following conditions:
(1) The annual renewal
				  date of the partnership agreement shall be July 1 of each year during which the
				  partnership agreement is in effect;
(2) On each such annual renewal date, a year
				  shall automatically be added to the term of the partnership agreement so that
				  there shall always be six years remaining under the term of the partnership
				  agreement, unless by April 1 of any year, the managing partner notifies the
				  division in writing of nonrenewal of the partnership agreement.
(A) Notice of nonrenewal by the managing
				  partner shall cancel any future automatic one-year renewals.
(B) Upon notice of nonrenewal the partnership
				  agreement shall remain in effect for the balance of the existing six year term;
				  and
(3) Although the
				  partnership agreement is automatically renewed each year, funding amounts must
				  be re-authorized by the board at least every six years as follows:
(A) The managing partner shall submit an
				  updated six-year management plan, with a revised budget, to the department for
				  its review by August 31 of the sixth state fiscal year for which management
				  activities and funding were approved by the board. The department shall make a
				  recommendation to submit to the board in regard to approval of requested
				  funding amounts and management activities, subject to availability of
				  sufficient state funds.
(i) The cost of
				  preparing the updated plan, including the accompanying environmental assessment
				  or impact statement, shall be considered an allowable program expense but must
				  be included as part of each six-year plan approved by the board. Additional
				  plan preparation funds above the approved amounts will not be
				  available.
(ii) The managing
				  partner may submit an updated six-year plan more frequently than every six
				  years at its option and sole expense.
(B) After a department recommendation
				  supporting requested funding amounts and prior to board submittal, by the
				  department, the managing partner, with assistance from the department shall
				  prepare and complete an environmental review for the updated plan, according to
				  chapter
				  343, HRS, and chapter
				  11-200, Hawaii Administrative
				  Rules.
(C) The department shall
				  submit a recommendation for project renewal to the board within sixty days
				  following either:
(i) The completion of an
				  environmental assessment and the publication of a determination of no
				  significant environmental effect and issuance of a negative declaration;
				  or
(ii) The acceptance of a final
				  environmental impact statement as outlined in chapter
				  343, HRS.
(D) Upon renewal from the board, funding
				  amounts shall be authorized for a new six-year period.