reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3.1 - SUPPLEMENTAL DWELLING UNITS › Section 10-3-40.01 - Purpose

Current through June, 2024
The purpose of this subchapter is to provide qualified
				  residential lessees with the option to build a supplementary dwelling unit that
				  could help ease certain housing issues facing native Hawaiian families like
				  need, overcrowding, and financial strain.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3.1 - SUPPLEMENTAL DWELLING UNITS › Section 10-3-40.02 - Definitions

Current through June, 2024
As used in this subchapter, unless context clearly provides
				  otherwise, "Dwelling unit renter" means the native Hawaiian who rents, from the
				  lessee, either the primary dwelling unit or SDU for use as his or her
				  residence. "Good-standing" means the status of a lessee who is in full
				  compliance with all obligations contained in the residential homestead lease,
				  the act, and this title.
"'Ohana occupant" means the qualified relative under section
				  209(a) of the act who resides in either the primary dwelling or the 'ohana
				  SDU.
"Supplemental dwelling unit (SDU)" means a dwelling unit that
				  is supplementary to the primary dwelling, is attached or detached, is smaller
				  in size, has a separate entry, and includes its own kitchen, bedrooms, and
				  bathroom facilities. SDU includes "ohana dwelling unit" in Hawaii county,
				  "additional dwelling unit" in the city and county of Honolulu and Kauai county,
				  and "accessory dwelling" in Maui county.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3.1 - SUPPLEMENTAL DWELLING UNITS › Section 10-3-40.03 - Pilot program

Current through June, 2024
Upon promulgation of this subchapter, the SDU program shall
				  commence as a five-year pilot program. The program shall be evaluated by the
				  department after three years. If deemed successful, the department may continue
				  the program, or the program shall terminate at the end of the five-year pilot
				  period. Any SDU completed under the pilot program shall remain subject to this
				  subchapter and any lease amendments made in furtherance of the program, even if
				  the SDU program is discontinued.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3.1 - SUPPLEMENTAL DWELLING UNITS › Section 10-3-40.04 - SDU application and review

Current through June, 2024
(a) The lessee
				shall complete the department's SDU application. Within 30 days, the department
				shall notify the lessee to proceed with the respective county SDU application
				or if lease compliance matters must first be addressed. If the lessee fails
				within 30 days to address the lease compliance matters with the department, the
				application shall be cancelled.
(b)
				The SDU structure and related improvements shall be permitted by and meet all
				building codes or other ordinances and regulations of the respective counties,
				except as otherwise provided by the commission. Commission approval is required
				before construction may begin. The department shall notify the lessee of
				placement on the commission agenda.
(c) The department shall not be required to
				finance construction of the SDU nor shall the department be liable for any cost
				or expense incurred in the processing and obtaining of the necessary county
				permits and approvals.
(d) The
				lessee shall complete construction of the SDU Within one year after receiving
				notice that commission approval has been granted. Failure shall result in
				cancellation of department approval of the SDU application.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3.1 - SUPPLEMENTAL DWELLING UNITS › Section 10-3-40.05 - Lot requirements

Current through June, 2024
A residential lot may qualify for the SDU program if it meets
				  the following requirements:
(1)
				Constructing an SDU on the lot is compatible with the island plan and the area
				plan;
(2) The lot is not
				landlocked;
(3) The lot does not
				have more than one dwelling unit, attached or detached, already existing on the
				property;
(4) Private covenants,
				conditions, and restrictions do not prohibit SDUs; and
(5) Respective county requirements for a
				supplemental dwelling unit on a residential lot. Unless otherwise provided in a
				memorandum of agreement with the respective county, the department may, with
				the approval of the chairman, authorize a case-by-case waiver of certain county
				regulatory requirements based upon specific area conditions, unique site
				characteristics, or other constraints related to the lot.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3.1 - SUPPLEMENTAL DWELLING UNITS › Section 10-3-40.06 - Lessee obligations, generally

Current through June, 2024
(a) To participate
				in the SDU program, the lessee shall be in good-standing at all
				times.
(b) The lessee shall reside
				in either the primary dwelling or in the SDU. If the lessee moves into the SDU,
				the lessee shall provide the department with an updated mailing address in
				accordance with section
				10-3-10(a).
(c) Failure of the lessee to maintain good
				standing shall be cause for lease cancellation pursuant to section
				10-3-28.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3.1 - SUPPLEMENTAL DWELLING UNITS › Section 10-3-40.07 - Supplemental dwelling units

Current through June, 2024
(a) Any SDU shall
				comply with the respective county's SDU area maximums for residential
				lots.
(b) A lessee may apply to the
				department for one of the following programs at the time of application for an
				SDU:
(1) 'Ohana SDU is specifically for
				nonrental, 'ohana use purposes. The 'ohana occupant shall establish the
				required biological relationship to the lessee to the satisfaction of the
				department before taking occupancy. The 'ohana occupant may contribute toward
				household expenses such as utilities and mortgage payments, if applicable, but
				rent shall not be charged. The lessee shall be ultimately responsible for the
				mortgage payments, utility charges, maintenance, and repairs of the
				SDU.
(2) Rental SDU is specifically
				for rental purposes, to supplement income for the lessee and potentially help
				to provide housing for native Hawaiians. The dwelling unit renter shall be
				qualified under the act by the department but is not required to establish a
				biological relationship to the lessee. The department shall prioritize rental
				SDU requests from lessees with a verifiable potential tenant currently on the
				applicant waitlist for a homestead.
(A) Short
				term rentals shall be prohibited. The minimum rental period agreement on the
				unit shall be six months;
(B) The
				lessee shall provide a lease agreement to the tenant that includes a
				prohibition on sublet and assignment unless to another native Hawaiian as
				verified and authorized by the department; and
(C) Each agreement shall carry a rider
				provided by the department and signed by the lessee and dwelling unit renter
				that provides the general obligations of the department, waiver of liability,
				and guarantees made by the lessee.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3.1 - SUPPLEMENTAL DWELLING UNITS › Section 10-3-40.08 - Compliance with housing laws

Current through June, 2024
Lessees participating in the SDU program shall comply with
				  all applicable federal, state, and local laws related to the provision or
				  rental of housing including, but not limited to, the residential landlord and
				  tenant code, HRS ch. 521, and section 804 of the fair housing act,
				  42 U.S.C. §
										3604. Failure to comply with all applicable
				  federal, state, and local laws shall be cause for lease cancellation pursuant
				  to section
				  10-3-28.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 3.1 - SUPPLEMENTAL DWELLING UNITS › Section 10-3-40.09 - Existing structures, non-compliance

Current through June, 2024
Any structures on the lot that have not been approved by the
				  department or are unpermitted, or both, shall be brought into compliance
				  through the SDU process or be removed at the lessee's
				  expense.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-41 - Funds and accounts

Current through June, 2024
There shall be established in the treasury of the State such
				  revolving funds, special, and other funds as set forth in the
				  act.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-42 - Purposes of loans

Current through June, 2024
The department may make loans from any loan fund to lessees,
				  and where applicable, to any cooperative association all of whose members are
				  lessees. Such loans may be made for the following purposes:
(1) The repair, maintenance, purchase, or
				erection of dwellings on Hawaiian home lands, and the undertaking of other
				permanent improvements thereon;
(2)
				The purchase of livestock, swine, poultry, fowl, and farm equipment;
				and
(3) Otherwise assisting in the
				development of tracts, and farm and ranch operations;
(4) The cost of:
(A) Breaking up, planting, and cultivating
				land and harvesting crops;
(B)
				Purchase of seeds, fertilizers, feeds, insecticides, medicines, and chemicals
				for disease and pest control for animals and crops, and related supplies
				required for farm and ranch operations;
(C) The erection of fences and other
				permanent improvements for farm or ranch purposes; and
(D) Marketing farm or ranch products;
				and
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-43 - Authorized actions

Current through June, 2024
For purposes authorized under the act, the department
				  may:
(1) Use moneys in the operating
				fund, with the prior approval of the governor, to match federal, state, or
				county funds available for the same purposes and to that end, to enter into
				such undertaking, agree to such conditions, transfer funds therein available
				for such expenditure, and to do and perform such other acts and things, as may
				be necessary or required, as a condition to securing matching funds for such
				projects or works;
(2) Use
				available funds, except moneys from the Hawaiian home loan fund, to secure,
				pledge, or otherwise guarantee the repayment of moneys borrowed by the
				department from government agencies or private lending institutions and to pay
				the interim interest or advances required for loans;
(3) Contract private agencies to service
				loans made by the department to lessees or cooperative associations, the fees
				for such servicing shall be assumed by the lessee or cooperative association,
				or from a portion of the interest charged by the department on loans to lessees
				or cooperative associations;
(4)
				Guarantee the repayment of loans made to homestead lessees of Hawaiian home
				lands by other governmental agencies or private lending institutions as
				provided by the act;
(5) Combine
				available moneys from various revolving funds to make loans to lessees for the
				purposes enumerated in section
				10-3-42; and
(6) Exercise such other powers as authorized
				by the act.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-44 - Loan applications

Current through June, 2024
(a) Applications
				for a loan or a loan guarantee shall be made on forms provided by the
				department. All applications shall be filed with the department. The filing may
				be made with district offices of the department.
(b) The applicant shall not be required to
				pay any fees in connection with the filing of an application but shall be
				charged for the cost incurred by the department in obtaining credit reports and
				other financial information deemed necessary by the department.
(c) A holder of a homestead lease may apply
				to the department for the approval of a loan to be made by other government
				agencies or private lending institutions. Upon receipt of an application, the
				department shall review the application, and determine whether or not to
				guarantee the loan based on loan standards set forth in section
				10-3-46.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-45 - Application processing

Current through June, 2024
Applications approved by the department shall be submitted to
				  the commission within sixty working days of receipt by the department together
				  with a summary of the applicant's financial situation including gross and net
				  monthly income, outstanding indebtedness, and the number of
				  dependents.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-46 - Loan standards

Current through June, 2024
Loans may be made to applicants who are residential lessees,
				  based on the following criteria:
(1)
				Income ratio: the relation that gross monthly income bears to monthly payment
				of principal and interest;
(2)
				Family size: each person supported from the. income of the lessee and
				co-applicant shall be counted as a family member for the purpose of computing
				and qualifying for a loan and term. The lessee shall submit to the department a
				notarized statement to this effect.
(3) Applications for loans for any family
				receiving public assistance from the department of human services will be
				considered for approval if:
(A) The monthly
				payment for the loan is within the amount that is available for
				housing--shelter allowance minus anticipated utilities-in accordance with
				current department of human services standards; and
(B) The applicant is able to assume the
				financial obligation imposed by a loan;
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-47 - Loan conditions

Current through June, 2024
(a) Generally, in
				determining the term of loans, the department shall consider the following:
(1) The applicant's financial capacity;
				and
(2) Age and condition of
				dwelling or building, based on the estimated expected remaining life span. The
				term of a loan shall be determined by the department, but in no event be longer
				than the term as may be authorized by the act.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-48 - Farm loans

Current through June, 2024
(a) Farm loans shall be governed by sections
				213, 214 and 215 of the act.
(b)
				The maximum loan for an individual agricultural lot lessee shall be determined
				by the commission, but in no event be more than the amount authorized by the
				act. For an agricultural cooperative association, the maximum amount shall be
				determined by the commission on the basis of proposed operations of the
				cooperative and the available security. Farm loans shall bear interest at the
				rates authorized by the act or these rules.
(c) Cost estimates from the supplier or
				material house for labor and for building requirements, materials, machinery,
				equipment, seed, etc., must be submitted to the department within thirty days
				after application for a farm loan is made for items or services to be purchased
				with the proceeds of the loans. An annual or monthly projected income for
				return of investment shall also be submitted along with the cost
				estimates.
(d) A feasibility study
				of repayment schedules to projected income from operations shall be submitted
				to applications for review and recommendation for loan approval. The department
				may establish repayment schedules that vary based on projected income from
				operations, the type of loan, and the amount of the loan.
(e) Each farm loan shall be subject to
				whatever concurrently executed security agreement is in current use by the
				department pursuant to HRS, chapter 490.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-49 - Borrowed funds

Current through June, 2024
The department may borrow funds for the purpose of making
				  loans to lessees of residence lots for purchasing, repairing, maintaining,
				  erecting or improving homes on Hawaiian home lands. Such loans shall bear
				  interest at the same rate of interest as that paid by the department to the
				  lender, plus one-half of one percent per year. The term of such loans shall not
				  exceed thirty years.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-50 - Additional funds

Current through June, 2024
The department may make loans at such terms and conditions
				  from any additional funds as the legislature may hereafter provide. In the
				  event such additional funds are made available to the department without any
				  specific terms, conditions, restrictions, such funds shall be subject to the
				  conditions and restrictions imposed by sections 214 and 215 of the
				  act.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-51 - Operation of funds

Current through June, 2024
The department may invest and reinvest any of its funds, not
				  otherwise immediately needed for the purposes of the funds, in such bonds and
				  securities as authorized by state law for the investment of sinking fund
				  moneys. Any interest or other earnings arising out of such investment shall be
				  credited to and deposited in such funds as may be authorized by the
				  act.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 4 - LOANS AND FUNDS › Section 10-3-52 - Hawaiian home receipts fund

Current through June, 2024
(a) At the end of
				each quarter, all moneys in the Hawaiian home receipts fund shall be
				transferred as authorized by the act. At the commission meeting immediately
				before or at the end of each quarter, the department or commission on its own
				motion may recommend for commission approval a plan for transfer of all moneys
				in the Hawaiian home receipts fund for that respective quarter. The plan for
				transfer shall take into consideration the department's budget projections as
				well as priorities established by the commission for the moneys.
(b) If the commission fails to approve a plan
				for transfer, all moneys in the Hawaiian home receipts fund shall be
				transferred at the end of that respective quarter as follows:
(1) Nine per cent to the operating fund;
				and
(2) Ninety-one per cent to the
				general loan fund.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 5 - SUCCESSORS TO LESSEES › Section 10-3-61 - Designation of successor

Current through June, 2024
(a) As provided in
				section 209 of the act and in this section, the lessee shall designate the
				relative or relatives to whom the lessee directs the interest in the tract to
				vest upon the lessee's death from among the following relatives:
(1) Husband, wife, children, or grandchildren
				who are at least one-quarter Hawaiian; or
(2) Father, mother, widows or widowers of the
				children, brothers and sisters, widows or widowers of the brothers and sisters,
				or nieces and nephews who are native Hawaiian. A lessee may designate a
				successor or successors at the time of execution of the lease; provided that
				the lessee shall file the designation in writing at the department and the
				department shall acknowledge the designation in order for the designation to be
				deemed filed. A lessee may change the designation of successor or successors at
				any time; provided that the lessee shall file the change of designation in
				writing at the department and the department shall acknowledge the change of
				designation in order for the change of designation to be deemed filed.
The lessee or designated successor shall provide
				  documentation to establish eligibility of the designated successor and the
				  department shall determine whether a designated successor is qualified to be a
				  lessee of Hawaiian home lands.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 5 - SUCCESSORS TO LESSEES › Section 10-3-62 - Reversion to the department

Current through June, 2024
Where a lessee dies having failed to designate a qualified
				  successor, the department may select a successor under the procedure provided
				  in section 209 of the act. If no selection can be made, the lease shall be
				  cancelled. As provided in section 209 of the act and in this subchapter, the
				  department shall make any authorized payments to the appropriate recipient. The
				  land subject to the lease shall resume its status as unleased Hawaiian home
				  lands, and the department shall be authorized to lease the land to a native
				  Hawaiian as provided in the act.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 5 - SUCCESSORS TO LESSEES › Section 10-3-63 - Notice to successors

Current through June, 2024
Upon the death of a lessee leaving no designated successor,
				  the department shall publish a public notice at least once in each of four
				  successive weeks in a newspaper of general circulation in the State. The notice
				  shall state briefly that all persons claiming to be relatives of the lessee
				  qualified to succeed to the lease shall present themselves at the department
				  with proof of their qualifications, within four months from the first day of
				  publication of the notice or be forever barred from succeeding to the lease.
				  Those persons failing to present themselves within four months from the first
				  day of publication of the notice shall be forever barred from succeeding to the
				  lease in question.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 5 - SUCCESSORS TO LESSEES › Section 10-3-64 - Appraisals

Current through June, 2024
(a) As provided in the act and in this
				section, the department shall appraise the value of all improvements of the
				tract or tracts and growing crops and stock including aquacultural improvements
				or stock, if any, if:
(1) A lessee surrenders
				his lease;
(2) A lessee dies
				leaving no person or persons qualified to be successor lessee or
				lessees;
(3) The department is
				unable to designate a successor; or
(4) The department cancels a lease.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 5 - SUCCESSORS TO LESSEES › Section 10-3-65 - Payments

Current through June, 2024
(a) The department shall pay to the
				appropriate recipient as specified in section 209 of the act or to the previous
				lessee, as the case may be, the appraisal value less:
(1) Any indebtedness to the
				department;
(2) Taxes;
(3) Any other indebtedness the payment of
				which has been assured by the department;
(4) Any costs incurred by the department for
				the upkeep and cleaning of the leased premises; and
(5) Any costs incurred by the department for
				the removal of any crops or improvements.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 5 - SUCCESSORS TO LESSEES › Section 10-3-66 - Cancellation and surrender

Current through June, 2024
(a) Upon receipt of
				written notification of a lessee's intent to surrender the lessee's leasehold
				interest, the department shall process the same. The department may forego
				acceptance of a surrender until a new lessee is found and it is determined by
				the department that sufficient funds are available to meet the payments
				required. At all times until acceptance of surrender the lessee shall remain
				responsible for the demised leasehold together with any improvements thereon,
				and shall remain liable for all taxes, assessments and charges of whatever kind
				and nature, on said tract and improvements thereon, and shall keep insured any
				structures thereon.
(b) Upon the
				cancellation or surrender of a homestead lease, if the department determines
				that any structure on the premises is in such disrepair that demolition of the
				structure is required, the lessee shall be allowed to sell the structure within
				ninety days from the date of the cancellation or acceptance of surrender;
				provided that any proceeds be first used to satisfy any indebtedness to the
				department, taxes, or any other indebtedness the payment of which has been
				assured by the department, or any costs incurred by the department for upkeep
				and cleaning of the leased premises. If the lessee does not sell or remove the
				structure, the department shall demolish the structure and the cost thereof
				shall be assessed the lessee.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 5 - SUCCESSORS TO LESSEES › Section 10-3-67 - Cancellation of lease when tract is abandoned

Current through June, 2024
If a lessee has abandoned the tract by failing to use or
				  occupy the premises or cannot be located after at least two attempts to contact
				  the lessee by certified mail, the department shall publish a public notice at
				  least once in each of four successive weeks in a newspaper of general
				  circulation in the State. The notice shall direct the lessee to present himself
				  or herself at the department within one hundred twenty days from the first day
				  of publication of the notice. The notice shall also state that the lease will
				  be canceled in accordance with sections 210 and 216 of the act and that the
				  department shall appraise the value of the improvements and growing crops and
				  stock, if any, if the lessee fails to respond by the date set by the public
				  notice. In addition, the department shall post a public notice on the abandoned
				  tract. After cancellation of the lease and completion of the appraisal, the
				  department shall make the payment in accordance with section
				  10-3-65 if there are any net
				  proceeds and if the previous lessee is located.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 6 - COMMUNITY PASTURES, FEES, AND CHARGES › Section 10-3-71 - Location of community pastures

Current through June, 2024
The department when practicable and as authorized by the act
				  may maintain community pastures in such locations as it may
				  determine.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 6 - COMMUNITY PASTURES, FEES, AND CHARGES › Section 10-3-73 - Responsibilities

Current through June, 2024
(a) The lessee shall be responsible for:
(1) Permanently branding all animals with a
				registered brand of the lessee;
(2)
				Worming, and testing all animals and confirming district origin;
(3) Removing sick, diseased, or severely
				injured animals; and
(4) Arranging
				for removal of animals at least forty-eight hours in advance of the move with
				the district manager.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 6 - COMMUNITY PASTURES, FEES, AND CHARGES › Section 10-3-74 - Liability for loss

Current through June, 2024
The department shall not be held liable for any death, loss,
				  injury, theft, sickness, or loss of weight to any animal.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 6 - COMMUNITY PASTURES, FEES, AND CHARGES › Section 10-3-75 - Community pasture terms and conditions

Current through June, 2024
(a) The approximate
				number of heads to be carried in the community pastures shall be set by the
				chairman from time to time according to the carrying capacity of the
				pastures.
(b) Until further action
				by the department, four head of cattle of any age per lessee shall be
				considered the maximum number of cattle in any community pasture.
(c) In the case of extreme shortage of feed
				or the imminent lack of stock feed, all persons utilizing the pasture shall be
				required to remove the market stock to the amount designated by the chairman,
				within ten days after notice.
(d)
				Holders of agricultural leases shall have first priority of running stock in
				community pastures. Other lessees may use residual quotas as determined by the
				department.
(e) Each lessee shall
				have one, and only one, brand which shall be registered with the department of
				agriculture. Lessee shall supply the department with a facsimile of the brand
				and shall brand cattle belonging to the lessee. All animals on community
				pastures shall be owned by lessees and shall be branded with the lessee's brand
				before entering the community pasture.
(f) Only one type of ear mark or tag shall be
				used by lessee; this ear mark or tag shall be registered with the
				department.
(g) At no time shall
				any of the lessees or their representatives be allowed to enter community
				pastures for purposes of removing or inspecting stock without first obtaining
				written permission from the authorized agent of the department. This written
				permission shall be presented to the pasture keeper, who shall then accompany
				the permit holder. Only such authority as is contained in the permit may be
				exercised by the holder thereof.
(h) One general drive shall be conducted in
				July on Molokai for the purpose of branding, castrating, counting and testing.
				Branding shall be allowed in the pasture only during this period. All stock
				owners shall assist in drives and properly identify stock belonging to them,
				either in person or by duly authorized representatives. All owners of livestock
				shall be notified one week in advance of each drive. Owners failing to attend
				shall be bound by the count of the department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 3 - NATIVE HAWAIIAN REHABILITATION PROGRAM › Subchapter 6 - COMMUNITY PASTURES, FEES, AND CHARGES › Section 10-3-76 - Fees and charges

Current through June, 2024
(a) The department
				shall assess fees for scaling services commensurate with local industry
				standard except that lessees may pay a reduced fee.
(b) To recover costs, the department may
				establish rental fees and service charges for the use of meeting rooms or
				halls, park facilities, and resource management areas subject to approval by
				the commission.
(1) Fees and charges for use
				of meeting rooms or halls, and park facilities shall be based on:
(A) Actual operating costs including
				utilities, maintenance and repair, custodial services, and security; and
(B) Current capital costs, provided
				that recognized homestead community associations may use meeting rooms or
				halls, and park facilities to conduct association business for a rental fee of
				$50 per twenty-four hours or fraction thereof, and a discounted fee schedule
				may be set for lessees. The department shall have priority use of department
				meeting rooms or halls even over prior existing reservations with at least
				fourteen calendar days notice.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 1 - LAND MANAGEMENT › Section 10-4-1 - Lease of lands

Current through June, 2024
The department may lease, license, or otherwise deal with any
				  Hawaiian home lands as may not be immediately needed for the purposes of the
				  act as provided by section 204(2) of the act and chapter
				  171, HRS, upon such terms and
				  conditions as it may deem fair and reasonable.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 1 - LAND MANAGEMENT › Section 10-4-2 - Consistency with Plans

Current through June, 2024
The department shall be guided by the plans, policies, and
				  strategies developed pursuant to subchapter
				  4 of
				  this chapter for the development and use of land needed for the purposes of the
				  act.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 1 - LAND MANAGEMENT › Section 10-4-3 - General lease; extension of term

Current through June, 2024
(a) The department
				may extend the term of a general lease of Hawaiian home lands for commercial or
				multipurpose projects to make improvements to the lease property, or obtain
				financing for the improvement of the leased lands. Such extension requires
				approval by the department of a written agreement proposed by the general
				lessee, or the general lessee and developer, as provided in section 228 of the
				act.
(b) The general lessee, or the
				general lessee and general developer, shall meet and satisfy all requirements
				as referenced in Section 228 of the act.
(c) The lease extension shall be based upon
				the improvement made or to be made, shall be no more than twenty years, and
				shall be granted only once.
(d)
				Before the written agreement is approved, the lessee, or the lessee and
				developer, shall submit to the department the plans and specifications for the
				proposed development. The department shall review the plans, specifications,
				and the written agreement and determine:
(1)
				Whether the development is of sufficient value and meets the priorities of the
				commission to justify an extension of the lease;
(2) The estimated time needed to complete the
				improvements and expected date of completion of the improvements; and
(3) The minimum revised annual rent based on
				the fair market value of the lands to be developed, as determined by an
				appraiser for the Department, and percentage rent where gross receipts exceed a
				specified amount.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 2 - LICENSES › Section 10-4-21 - General provisions

Current through June, 2024
(a) Applications
				for licenses shall be made in writing and shall state the applicant's status,
				type and location of the land desired, proposed use of the land, the services
				or facilities to be provided and the term of the license.
(b) The department may negotiate the issuance
				of a license. The department shall determine such terms and conditions of a
				license as it deems prudent, reasonable, and proper and in accordance with this
				chapter and subject to the commission's approval.
(c) Except as provided in subsection (d), the
				applicant shall pay all costs incurred by the department for the processing of
				a license application, including but not limited to, costs of advertisement,
				survey, and appraisal. The applicant shall remit to the department, together
				with its application, a nonrefundable deposit in the sum of $200. The applicant
				shall pay upon execution, the balance of the cost incurred by the department
				for processing the application in excess of the deposit.
(d) All processing costs may be reduced or
				waived when the department initiates action for license awards, or the
				department determines that the license benefits native Hawaiians or the
				department.
(e) The license rental
				rate shall be established by appraisal whenever prudent management so dictates.
				The department may:
(1) Require the licensee
				to hire an independent appraiser, provided the appraiser is mutually agreed
				upon by the department and the licensee;
(2) Enter into contracts for appraisal;
				or
(3) Make its own appraisal.
The licensee shall pay the cost of all appraisals, whether
				  hired by the licensee or contracted for by the department. When a member of the
				  department staff does the required appraisal, the applicant shall pay to the
				  department a sum which is reasonably comparable to the current rate for similar
				  appraisals contracted for in the private sector. Where prudent management does
				  not dictate the rental rate be established by appraisal, the department may
				  negotiate the rental rate of a license. If the proposed use benefits other than
				  native Hawaiians, the department may grant the license and the annual rental
				  shall be established by appraisal. If the use benefits the department or native
				  Hawaiians, the department may set a nominal rental rate.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 2 - LICENSES › Section 10-4-22 - Licenses for easements and public purposes

Current through June, 2024
Licenses as easements for railroads, telephone lines,
				  electric power and light lines, gas mains and the like, and licenses for
				  improvements for public purposes, including but not limited to schools, post
				  offices, parks, beaches, fire stations, and other public facilities may be
				  granted, in perpetuity or a specified term, subject to reverter to the
				  department upon termination or abandonment, on such terms and conditions as may
				  be prudently and reasonably set by the department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 2 - LICENSES › Section 10-4-24 - Licenses for mercantile establishments

Current through June, 2024
(a) The department
				may issue licenses for mercantile establishments, all of which shall be owned
				by native Hawaiians or organizations formed and controlled by native Hawaiians
				as provided in section 207(c)(1)(B) of the act. .
(b) Mercantile licenses offered upon
				department initiative shall be disposed of in the following manner:
(1) The department shall give notice, once in
				each of two successive weeks in a newspaper of general circulation in the
				State, of its intention to license Hawaiian home lands for mercantile purposes
				setting forth the minimum conditions thereunder and the use for which the land
				will be licensed. Any native Hawaiian or organizations formed or controlled by
				native Hawaiians interested in securing the license shall file an application
				with the department not later than thirty days after the publication of the
				notice;
(2) If there is only one
				applicant for the license, the department, after notice as provided in
				paragraph (1), may dispose of the license; and .
(3) If there are two or more applicants for
				the license, the department shall select the applicant who submits the highest
				offer contained in a sealed bid deposited with the department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 2 - LICENSES › Section 10-4-25 - Licenses to the United States

Current through June, 2024
(a) The department
				may grant licenses to the United States for reservations, roads, and other
				rights-of-way, water storage and distribution facilities.
(b) Licenses issued or granted to the United
				States shall not restrict the area required by the department in carrying on
				its duties nor interfere in any way with the department's operation or
				maintenance activities.
(c)
				Licenses issued to the United States shall be at rentals as established by
				appraisal.
(d) The method of rental
				payment may include, but not be limited to, compensatory services rendered to
				the department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 2 - LICENSES › Section 10-4-26 - Licenses to churches

Current through June, 2024
(a) The department
				may issue licenses to churches within a homestead district provided:
(1) The aggregate number of churches in the
				homestead district does not exceed two per cent of the total number of lessees
				in the district; and
(2) If land is
				available, a petition of those who wish to establish a church shall include
				names of at least twenty per cent of the lessees in the homestead
				district.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-31 - Parks managed by the department

Current through June, 2024
The department, from time to time, may establish and manage
				  parks on lands not immediately needed for the purposes of the act. The
				  department, in accordance with the rules established in this chapter, shall
				  make all decisions with respect to the operations of these
				  parks.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-32 - Parks managed by other organizations on Hawaiian home lands

Current through June, 2024
The department may, from time to time, establish parks on
				  lands not immediately needed for the purposes of the act. The department may
				  license parks for other organizations to manage under such terms and conditions
				  as the commission may deem necessary as provided by sections 204 and 207 of the
				  act and chapter
				  171, HRS.
(a) In cases where parks are licensed to
				county, state, or federal agencies for management, the applicable rules of the
				licensee, as limited by the license's terms and conditions, shall be used in
				the management of these parks; and it shall be the licensee's responsibility
				and duty to enforce the applicable rules.
(b) In cases where parks are licensed to
				other organizations, the rules of the licensee, as approved by the commission
				and as limited by the license's terms and conditions, shall be used in the
				management of these parks; and it shall be the licensee's responsibility and
				duty to enforce the applicable rules.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-33 - Park advisory councils, established

Current through June, 2024
There shall be established a park advisory council in each
				  area where the department operates a district office. Each council shall meet
				  at least once a year and shall be administratively attached to the district
				  office in which the council is established. Each council shall consist of five
				  members appointed by the chairman and confirmed by the commission; provided
				  that each member shall be a native Hawaiian, at least eighteen years of age and
				  a resident of the area served by the district office in which the council is
				  established. Each member shall be appointed for a term of two years. Members of
				  each park advisory council shall serve without compensation. The purpose of
				  each park advisory council shall be to advise the department on rules,
				  practices and activities on and affecting parks that are in the area where the
				  park advisory council is established and are under the management of the
				  department as provided in section
				  10-4-32.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-35 - Hours of operation

Current through June, 2024
The department shall establish the hours during which the
				  parks will be open. Hours of operation shall be posted in each district office
				  and may vary depending on the location of the park and the season of the year.
				  Anyone using a park during the hours when the park is closed may be considered
				  a trespasser and may be subject to prosecution.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-36 - Closure

Current through June, 2024
At the discretion of the department, a park may be closed for
				  renovation, for safety or for security purposes. The department shall post
				  notice of closure at the district office in which the park is located and at
				  the specific park.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-37 - Permits

Current through June, 2024
The department shall post permit requirements in the
				  applicable district office. The department shall attach a copy of permit
				  requirements to approved permits. Park use permits are required for:
(1) Any group with 26 or more park
				users;
(2) Exclusive use of any
				pavilions; or
(3) Overnight
				camping.
The department may require security, traffic control,
				  portable toilets, extra trash receptacles, lifeguards, insurance, security
				  deposits or any other items that the department., in its sole discretion, may
				  deem necessary, given the size and complexity of the event for which the permit
				  is issued. The department shall determine the maximum size for any event and
				  the maximum length of stay for overnight camping, and shall post those limits
				  in the district offices. Anyone required to have a permit shall have the
				  appropriate permit and identification at the park at all times and shall, upon
				  request, show those items to law enforcement officers and other authorized
				  representatives. Anyone without a required permit may be considered a
				  trespasser and may be subject to prosecution.