reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 2 - HAWAII REGISTER OF HISTORIC PLACES PROGRAM › Section 13-198-9 - Effects of ordering a property into the Hawaii register

Current through June, 2024
The entering and ordering of a property into the Hawaii
					 register signifies a recognition that the owner has a historic property, and
					 that the preservation and maintenance of the property is contributing to the
					 State's and nation's historic patrimony, and is thus serving the public. When
					 privately owned property is ordered into the Hawaii register, certain
					 responsibilities are placed on the owners as set forth in sections
					 6E-10
					 and
					 343-5,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 2 - HAWAII REGISTER OF HISTORIC PLACES PROGRAM › Section 13-198-10 - Removal of properties from the Hawaii register

Current through June, 2024
(a)
				  Properties listed in the Hawaii register may be removed therefrom:
(1) When the qualities which caused them
				  originally to be listed have been lost or destroyed; or
(2) Upon proof that an error in professional
				  judgment has been made; or
(3) For
				  failure to follow the procedures set forth in these rules.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 3 - NATIONAL REGISTER OF HISTORIC PLACES PROGRAM › Section 13-198-11 - Nomination and approval procedure

Current through June, 2024
(a) A nomination of
				  a building, structure, object, district, or site for entry into the national
				  register shall be made by the preservation officer in accordance with the
				  procedures, including notification and hearing procedures, set forth in this
				  chapter and in title 36, Code of Federal Regulations, Part 60.
(b) If the owner of private property properly
				  objects to the nomination of the property onto the national register then the
				  property shall not be included in the national register but shall only be
				  considered for determination of eligibility pursuant to
				  36
				  CFR §60.6.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 3 - NATIONAL REGISTER OF HISTORIC PLACES PROGRAM › Section 13-198-12 - Criteria for evaluating nominations; considerations

Current through June, 2024
The criteria for evaluating nominations to the national
					 register shall be as provided in title 36, Code of Federal Regulations, Part
					 60.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 8 - HAWAII HISTORIC PLACES REVIEW BOARD › Chapter 198 - THE HAWAII AND NATIONAL REGISTERS OF HISTORIC PLACES PROGRAMS › Subchapter 4 - DUAL NOMINATION › Section 13-198-13 - Procedure

Current through June, 2024
In the event a property is nominated both to the Hawaii
					 register and the national register and the owner or owners of private property
					 objects to the nomination then the owner of the private property shall:
(1) File a statement of objections as
				  provided in section 13-198-4 to the nomination onto the national register not
				  later than thirty days after receipt of the nomination notice; and
(2) Request a contested case hearing pursuant
				  to § 13-197-11 on the nomination to the Hawaii register by the close of
				  the scheduled review board meeting.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-1 - Purpose

Current through June, 2024
These rules govern practice and procedure before the natural
				  area reserves system commission of the State of Hawaii under chapter
				  195, Hawaii Revised Statutes. The
				  rules shall be construed to effectuate the purposes of said chapter and to
				  secure the just, speedy, and inexpensive determination of every
				  proceeding.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-2 - Definitions

Current through June, 2024
As used in these rules, unless context requires
				  otherwise:
"Chairperson" means the chairperson of the natural area
				  reserves system commission.
"Commission" means the natural area reserves system
				  commission established by section
				  195-6,
				  Hawaii Revised Statutes
"Executive secretary" means the executive secretary of the
				  natural area reserves system commission.
"Public records" is defined in section 92-50, Hawaii Revised
				  Statutes, and shall include all maps, written statements of policy or
				  interpretation formulated, adopted, or used by the commission, and all
				  documents prepared under the provisions of chapter
				  195, Hawaii Revised Statutes, except
				  materials and minutes submitted and reported in executive meetings of the
				  commission.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-3 - Office

Current through June, 2024
The office of the commission is in the Kalanimoku Building,
				  Honolulu, Hawaii. All communications to the commission shall be addressed to
				  the Natural Area Reserves System Commission, Department of Land and Natural
				  Resources, State of Hawaii, Honolulu, Hawaii, unless otherwise specifically
				  directed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-4 - Hours

Current through June, 2024
The office of the commission shall be open from 7:45 a.m. to
				  4:30 p.m. of each day of the week except Saturdays, Sundays, and holidays,
				  unless otherwise provided by statute or executive order.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-5 - Meetings

Current through June, 2024
(a) The commission may meet and exercise its
				powers in any part of the State of Hawaii.
(b) All meetings of the commission shall be
				open to the public, except that the commission may meet in executive session,
				as provided in section
				92-4, Hawaii
				Revised Statutes. No recommendation, interpretation, or other decision shall be
				finally acted upon at such executive session.
(c) Meetings may be scheduled at the request
				of:
(1) Three or more members of the
				commission;
(2) The
				chairperson;
(3) The executive
				secretary.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-6 - Notice

Current through June, 2024
The public shall receive reasonable notice of all meetings
				  through a newspaper of general circulation or by the sending of notices of
				  meetings to all requesting to be on the mailing list for this purpose and other
				  interested parties.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-7 - Quorum

Current through June, 2024
A quorum shall be as established in section
				  195-6,
				  Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-8 - Minutes

Current through June, 2024
The commission shall maintain minutes of its meetings,
				  setting forth an accurate record of votes and actions taken at the meetings.
				  Unless otherwise required by the Governor of the State, the minutes need not
				  include a verbatim record of discussions at meetings. The minutes of the
				  commission shall be deemed public records, provided that 'the minutes of any
				  executive meeting from which the public has been excluded may remain
				  confidential.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-9 - Delegation of administrative duties

Current through June, 2024
The executive secretary shall, in addition to any other
				  duties, have charge of the commission's official records and shall be
				  responsible for the maintenance and custody of the files and records of the
				  commission and all its findings, determinations, reports, opinions, orders,
				  rules,and approved forms. The executive secretary shall act as liason between
				  the commission and other agencies or interested persons.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-10 - Filing of documents

Current through June, 2024
The commission shall consider all relevant comments and
				  materials of record before taking final action in the formulation of policy,
				  recommendation, or interpretation. Submittals by interested persons or agencies
				  to the commission shall be filed with the executive secretary at the office of
				  the commission at Honolulu, Hawaii, and when required within such time limits
				  as prescribed by law or by the order of the commission.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-11 - Public records

Current through June, 2024
(a) All public
				records will be available for inspection in the office of the commission,
				Honolulu, Hawaii, during established office hours unless public inspection of
				such records is in violation of any State or Federal law.
(b) Public records printed or reproduced by
				the commission shall be given to any person requesting the same and paying the
				reasonable cost thereof.
(c)
				Requests for public information, for permission to inspect official records, or
				for copies of public records shall be handled expeditiously.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-12 - Public informational meetings

Current through June, 2024
(a) The commission
				may at any time upon its own initiative or by application of any interested
				person or persons, hold public meetings as it may deem necessary for the
				purpose of providing as well as obtaining information necessary or helpful in
				the formulation of its policies, proposals, or recommendations.
(b) A notice of the meeting will include a
				statement of the agenda, the date; time, and place where the public meeting
				will be held, and it will be published in a newspaper of general circulation in
				the State in a reasonable time prior to the date set for the public
				.meeting.
(c) Each such meeting
				shall be presided over by the chairperson of the commission or a designated
				representative.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-13 - Petitions for adoption, amendment, or repeal of rules

Current through June, 2024
(a)
				Any interested person may petition the commission requesting the adoption,
				amendment, or repeal of any rule within the commission's administrative rules
				of practice and procedure.
(b) The
				petitions for adoption, amendment, or repeal of any rule shall state the
				reasons for seeking the change.
(c)
				Petitions shall be filed in the office of the commission at Honolulu,
				Hawaii.
(d) The commission shall
				within thirty days following the filing of the petition either deny the
				petition in writing or initiate public rulemaking procedures pursuant to
				section
				91-3,
				Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 208 - NATURAL AREA RESERVES SYSTEM COMMISSION RULES OF PRACTICE AND PROCEDURE › Section 13-208-14 - Petitions for declaratory rulings

Current through June, 2024
(a) On petition of
				an interested person, the commission may issue a declaratory order as to the
				applicability of any statutory provision or of any rule within the commission's
				rules of practice and procedure.
(b) Petitions for declaratory rulings shall
				state the reasons for such petition.
(c) Petitions shall be filed in the office of
				the commission at Honolulu, Hawaii.
(d) The commission may, on its own initiative
				or upon request, but without notice or hearing, issue a declaratory order to
				terminate a controversy or to remove uncertainty.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-1 - Purpose and applicability

Current through June, 2024
(a) The purpose of
				these rules is to regulate activity within natural area reserves established
				pursuant to section
				195-4,
				Hawaii Revised Statutes.
(b) These
				rules shall apply to all persons entering the boundaries of a natural area
				reserve.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-2 - Definitions

Current through June, 2024
As used in these rules, unless context requires
				  otherwise:
"Board" means the board of land and natural
				  resources.
"Commission" means the natural area reserves system
				  commission.
"Department" means the department of land and natural
				  resources.
"Game mammals and birds" means those animals that have been
				  designated as such by sections 191-8 and 191-19, Hawaii Revised Statutes, and
				  by administrative rules of the department.
"Natural area reserve" means those State lands that have
				  been designated as part of the Hawaii natural area reserves system by the
				  department pursuant to section
				  195-4,
				  Hawaii Revised Statutes.
"Commercial activity" means the use of or activity on state
				  lands for which compensation is received and by any person for goods or
				  services or both rendered to consumers or participants in that use or
				  activity.
Commercial activities include activities whose base of
				  operations are outside the boundaries of the natural area reserve, or provide
				  transportation to of from the natural area reserve.
"Compensation" includes but is not limited to, monetary
				  fees, barter, or services in-kind.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-3 - Permitted activities

Current through June, 2024
Hiking and nature study of group size often or less are
				  permitted except where restricted pursuant to sections
				  13-209-4.5 and
				  13-209-4.6. Hunting is a permitted
				  activity pursuant to hunting rules of the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-4.5 - Closing of areas

Current through June, 2024
The board or its authorized representative, with the approval
				  of the commission, may close or restrict the public use of all or any portion
				  of a natural area reserve for up to two years, when deemed necessary by the
				  commission for the protection of the natural, geological, or cultural resources
				  of the area or the safety and welfare of persons or property, by the posting of
				  appropriate signs indicating the duration, extent, and scope of closure.
				  Closures may be renewed with the approval of the board or its authorized
				  representative and the commission. All persons shall observe and abide by the
				  officially posted signs designating closed areas.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-4.6 - Visiting hours

Current through June, 2024The board or its authorized representative, with the
				approval of the commission, may establish a reasonable schedule of visiting
				hours for all or portions of a natural area reserve by the posting of
				appropriate signs indicating the hours during which the natural area reserve
				may be accessed. All persons shall observe and abide by the officially posted
				signs designating visiting hours.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-5 - Special-use permits

Current through June, 2024
(a) The board or
				its authorized representative, with the approval of the commission or its
				authorized representative, may issue permits to conduct activities otherwise
				prohibited by section
				13-209-4
				for research, education, management, or for any other purpose consistent with
				chapter
				195, Hawaii Revised
				Statutes.
(b) No permit may be
				valid for more than one year from date of issuance. The board may waive this
				restriction for permits where the board determines such a waiver to be in the
				best interest of the State.
(c) All
				special-use permits shall be subject to standard conditions, as approved by the
				board, including but not limited to the following:
(1) The permittee shall adhere to
				specifications given in the
permit application;
(2) Disturbance of vegetation and wildlife
				shall be avoided
as much as possible;
(3) Precautions shall be taken to prevent
				introductions of
plants or animals not naturally present in the area. The
				  permittee is responsible for making sure that participants' clothes, equipment,
				  and vehicles are free of seeds or dirt to lessen the chance of introducing any
				  non-native plants or soil animals. Should an infestation develop attributable
				  to permittee, the permittee is responsible for eradication by methods specified
				  by the department;
(4) This
				permit is not transferable;
(5)
				This permit does not exempt the permittee from complying with any other
				applicable rule or statute;
(6)
				The State of Hawaii shall be released and held harmless from any and all
				liability for injuries or death, or damage or loss of property however
				occurring during any activity related to this permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-5.5 - Applications for special-use permits

Current through June, 2024
(a) All
				applications for special-use permits shall be submitted in writing to the board
				or its authorized representative on the form prescribed by the department. The
				application shall contain the following information:
(1) Name of applicant, and if relevant,
				affiliation and title;
(2) Contact
				information, including name of primary contact, mailing address, phone number,
				and if available, email address;
(3) The period of time for which the permit
				is requested, not to exceed one year unless seeking a waiver pursuant to
				section
				13-209-5(b);
(4) The reserve(s) involved;
(5) A map illustrating the reserve and the
				location within the reserve of the proposed special-use;
(6) A description of the proposed
				special-use;
(7) A discussion of
				how the proposed special-use satisfies subsections (b)(1) through
				(b)(6);
(8) An assessment of the
				potential environmental impact the special-use may have on the reserve or the
				surrounding area;
(9) Signature of
				the applicant;
(10) Any other
				information as determined by the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-5.6 - Parking fees

Current through June, 2024
(a)
The fee for parking a vehicle
				in the Ahihi-Kinau natural area reserve at the Kanahena lot, shown in Exhibit
				"1", in a space designated for such use shall be:
Nonresidents
				  :
_____________
$5.00 per vehicle
Residents
				  :
_______________
No charge
(b)
For purposes of
				this section, the term "resident" means a resident of the State with a valid
				State of Hawaii identification card or State of Hawaii driver's
				license.
(b)
All fees collected shall be deposited into the Natural Area Reserve
				Special Fund.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-5.7 - Public parking closure hours

Current through June, 2024
Ahihi-Kinau natural area reserve parking areas
				  will be closed daily between 8:00 p.m. and 5:00 a.m., including
				  holidays.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-5.8 - Public parking

Current through June, 2024
As may be prescribed from time to time by the
				  department, no person shall use the Kanahena lot, shown in Exhibit "1", without
				  payment of parking fees and charges and may only park in areas designated by
				  the department. No person shall use a parking area within the Ahihi-Kinau
				  natural area reserve when the parking area is closed, except as expressly
				  permitted in writing by the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-5.9 - Removal of vehicles

Current through June, 2024
(a)The department
				may detain, tow, move, or cause to be moved to an impounding area, at the
				owner's risk and expense and without liability for any damage which may result,
				any motor vehicle:
(1)
For
				nonpayment of parking charges when a vehicle is parked in a vehicular parking
				area operated by the department or authorized representative in the Ahihi-Kinau
				natural area reserve; or
(2)
Which has been parked
				continuously anywhere in a parking area operated by the department or
				authorized representative in the Ahihi-Kinau natural area reserve for a period
				exceeding the posted time limits, except where prior arrangements have been
				made therefor.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 9 - NATURAL AREA RESERVES SYSTEM › Chapter 209 - DIVISION OF FORESTRY AND WILDLIFE › Section 13-209-6 - Penalty

Current through June, 2024
Any person violating any of the provisions of these rules
				  shall be penalized as provided in section 195-8, Hawaii Revised Statutes.
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 1 - GENERAL PROVISIONS › Section 13-210-1 - Purpose and applicability

Current through June, 2024
(a) The purpose of
				  this chapter is to govern the natural area partnership program established
				  pursuant to section
				  195-6.5,
				  HRS.
(b) This chapter shall apply
				  to all applicants applying foil matching natural area partnership
				  funding.
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 1 - GENERAL PROVISIONS › Section 13-210-3 - Delegation of authority

Current through June, 2024
Department responsibilities as listed in this chapter may
					 be delegated by the department to either the commission or the
					 division.
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 1 - GENERAL PROVISIONS › Section 13-210-4 - Eligibility requirements

Current through June, 2024
In order to qualify under this program, the applicant
					 shall:
(1) Be a landowner or a
				  cooperating entity of private lands of natural area reserve quality, as
				  established by the department;
(2)
				  Dedicate the private land in perpetuity through transfer of fee title or
				  conservation easement to the State or cooperating entity;
(3) Have the private land managed by the
				  cooperating entity or qualified landowner according to a management plan
				  approved by the board; and
(4) Meet
				  all other conditions as outlined in section
				  195-6.5
				  HRS, or in this chapter.
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 1 - GENERAL PROVISIONS › Section 13-210-5 - Application procedures and schedule

Current through June, 2024
The following steps shall be required for program
					 enrollment:
(1) The department shall
				  publish a notice describing the program and requesting pre-proposals as
				  outlined in section 13-210-6;
(2)
				  The applicant shall submit a pre-proposal to the department as outlined in
				  section 13-210-7;
(3) The applicant
				  shall submit a detailed six-year management plan to the department as outlined
				  in section 13-210-8;
(4) The
				  applicant and the division shall jointly prepare an environmental review as
				  outlined in section 13-210-8(e)(2)(C);
(5) The department shall prepare an agreement
				  between the applicant and the State as outlined in section 13-210-9;
				  and
(6) The department shall submit
				  the project for board approval as outlined in section 13-210-10.
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 1 - GENERAL PROVISIONS › Section 13-210-6 - Public notice of program

Current through June, 2024
The department shall publish or cause to be published in
					 at least one newspaper of general circulation in the State a notice that
					 describes the program and notifies private landowners that the department is
					 accepting pre-proposals for participation in the program. This notice shall be
					 published annually.
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 2 - PROGRAM ENROLLMENT › Section 13-210-7 - Pre-proposal

Current through June, 2024
(a) Landowners or cooperating entities who
				  wish, to participate in. the program shall submit a pre-proposal to the
				  department by the deadline established in the public notice.
(b) The pre-proposal shall include, but not
				  be limited to, the following:
(1) Name of
				  landowner, cooperating entity, and managing partner;
(2) Project size and location;
(3) A map of the area to be managed drawn to
				  scale;
(4) Native natural resources
				  being managed;
(5) Threats to
				  resources and need for funding;
(6)
				  How project will be accomplished;
(7) Public benefits;
(8) Partnerships with other
				  organizations;
(9) Proposed
				  beginning date of project and estimated six-year timetable of management
				  activities;
(10) Estimated total
				  cost of first six years of project management activities;
(11) Estimated cost to' prepare a detailed
				  six-year management plan; and
(12)
				  Effects of no action.
Samples of pre-proposals are available from the department
					 for review upon request.
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 2 - PROGRAM ENROLLMENT › Section 13-210-8 - Management Plan

Current through June, 2024
(a) The department shall request a detailed
				  management plan provided:
(1) The
				  pra-proposal has been approved following the guidelines set in section
				  13-210-7; and
(2) State funds are
				  available to fund the implementation of proposed management activities on a
				  two-for-one match with private funds.
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 2 - PROGRAM ENROLLMENT › Section 13-210-9 - Partnership agreement

Current through June, 2024
(a) The department
				  shall prepare a partnership agreement with the managing partner for board
				  approval following either:
(1) The completion
				  of an environmental assessment and the publication of a determination of no
				  significant environmental effect and issuance of a negative declaration;
				  or
(2) The acceptance of a final
				  environmental impact statement as outlined in chapter
				  343, HRS.
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 2 - PROGRAM ENROLLMENT › Section 13-210-10 - Board approval

Current through June, 2024
Upon completion of the partnership agreement, the
					 department shall submit a recommendation for project approval to the
					 board.
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 13-210-12 - Reports

Current through June, 2024
(a) The managing partner shall submit a
				  six-month and an annual report, to the department for each year in which the
				  managing partner receives funding under the program. Due dates for these
				  reports shall be set in the partnership agreement.
(b) The six-month report shall include a
				  description of management accomplishments and activities, areas needing
				  technical advice, a preliminary accounting of expenses to date, and proposed
				  modifications to the current year's management projects.
(c) The annual report shall:
(1) Include a description of management
				  accomplishments and activities, areas needing technical advice, status of
				  public hunting opportunities, and proposed modifications to the next year's
				  approved management objectives, projects, and budget. This report shall also
				  include a detailed accounting of expenditures for the preceding twelve-month
				  period to provide the basis for the annual reconciliation of the State's and
				  the managing partner's respective shares of the two-for-one matching funds;
				  and
(2) Not be considered as final
				  until accepted by the department. Acceptance means a written notice from the
				  department to the managing partner advising the managing partner of the
				  satisfactory fulfillment of the agreement's annual requirements.
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 13-210-13 - Payment

Current through June, 2024
(a) Within thirty days following receipt of
				  an invoice from the managing partner at the beginning of each fiscal year in
				  which the State has approved and appropriated funding under the program, the
				  State shall pay to the managing partner an amount equal to one-third of the
				  State's annual matching share based on the approved budget.
(b) Within thirty days following receipt of
				  an invoice and the six-month progress report as provided in section
				  13-210-12(b) for each year until the partnership agreement. is terminated, the
				  State shall pay to the managing partner an additional amount up to, but not
				  exceeding one-third of the State's annual matching share based on the approved
				  budget. The managing partner may request less than the full one-third amount
				  due if the lesser amount is sufficient as a progress payment. This payment
				  shall not be subject to the division's approval of the six-month progress
				  report.
(c) Within thirty days of
				  receipt of an invoice and upon acceptance of the annual report by the
				  department as provided in section 13-210-12(c)(2), the State shall pay to the
				  managing partner the balance of the approved, matching funds for the year,
				  calculated on the basis of-actual expenditures.
(1) If the State's initial and additional
				  payments, as provided in subsections (a) and (b), total more than two-thirds of
				  the actual final expenditures reported by the managing partner, the managing
				  partner shall return the difference with interest owed to the State as follows:
(A) Interest will be calculated at the
				  floating rate as quoted in the Wall Street Journal on the first business day of
				  each month for $100,000 and above certificates of deposit;
(B) The interest rate shall fluctuate to
				  match the quoted rate for each month of overpayment by the State;
(C) Interest shall be compounded daily;
				  and
(D) The final payment shall be
				  subject to any withheld amounts as outlined in the partnership
				  agreement.
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 13-210-14 - Modification procedures

Current through June, 2024
(a) The managing
				  partner may propose for approval by the department, and the department may
				  approve, minor alterations to the approved management plan which will not. have
				  a material adverse impact on the achievement of the overall management
				  objectives of the management plan.
(b) The managing partner may propose for
				  approval by the board, and the board may approve, significant changes to the
				  approved management plan or budget to adapt to current conditions. Significant
				  amendments to the management plan shall include an amended budget. The
				  department shall make the proposed amendments available for public review prior
				  to final board approval.
(c) The
				  proposed amendments set forth in subsection (b) may include:
(1) Changes in management
				  priorities;
(2) Increase or
				  reduction of the specified work, including management programs, research
				  projects, and monitoring efforts;
(3) Budget modifications; and
(4) Changes in the time and performance
				  schedule; all as determined considering the natural conditions of the reserve,
				  existing management priorities, threats to the resources, potential for decline
				  of the natural resource during any period under consideration, availability of
				  specialized labor or technical expertise, permitting requirements and time
				  needed to obtain permits, and other material factors.
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 13-210-15 - Termination

Current through June, 2024
(a) The partnership agreement may only be
				  terminated for one of the following reasons on the following terms:
(1) The partnership agreement is subject to
				  continued state funding of the State's two-thirds share of the approved
				  management plan budget. If in any fiscal year, either the State does not
				  appropriate or the board does not approve the expenditure of funds sufficient
				  to meet the State's full two-thirds share of the approved partnership
				  agreement, the applicant may:
(A) Elect to
				  terminate without any payback or penalty conditions at the end of the last
				  fiscal year for which any funds have been appropriated and approved. In this
				  event, the State shall not require that the conservation easement remain in
				  effect under section
				  195-6.5,HRS;
				  or
(B) Elect to renew for less
				  funding than originally approved. In this event, the State shall require that
				  the conservation easement remain in full effect. In this event, the managing
				  partner shall revise the management plan and budget in the managing partner's
				  reasonable discretion to accomplish significant management goals which can
				  reasonably be funded with the amount of state matching funds actually
				  approved.
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 13-210-16 - Penalty payback

Current through June, 2024
In the event that the managing partner defaults on the
					 partnership agreement as provided in section
					 13-210-15(a)(4) 
					 and the State has followed the lack of performance notification procedures as
					 outlined in the partnership agreement, the managing partner shall promptly pay
					 to the State the following payback and penalty moneys:
(1) All matching funds paid by the State to
				  the managing partner in the previous six years (or such portion thereof if the
				  partnership agreement has been in effect for less than six years) with interest
				  at the rate and schedule specified in the partnership agreement. The department
				  may, at its sole discretion, modify any payment schedule upon the request of
				  the managing partner;
(2) An
				  additional penalty as specified in the partnership agreement; and
(3) Only the managing partner receiving
				  matching state funding under the natural area partnership program shall be
				  liable to the State under the partnership agreement for the payback and
				  penalty.
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 13-210-17 - Mediation

Current through June, 2024
Upon receipt of a request by the managing partner or on
					 the department's own initiative, the department may request that the managing
					 partner and any affected persons identified as necessary to the resolution of
					 the dispute participate in mediation. Participation by the parties shall be
					 voluntary. All requests dealing with the same subject matter shall be
					 consolidated in a single mediation.
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 13-210-18 - Arbitration

Current through June, 2024
(a) All unresolved disputes arising under the
				  partnership agreement shall be referred to a board of arbitration. The
				  disputing party shall notify the other of such fact in writing, and a board of
				  three arbitrators, who shall be experienced and familiar with both the natural
				  ecological values and current accepted natural resource management practices of
				  the Hawaiian Islands, shall decide the issue based on the terms of the
				  partnership agreement and the management plan, as amended. One arbitrator shall
				  be appointed by the State, one shall be appointed by the managing partner, and
				  one shall be selected by the first two appointees. If the two appointees cannot
				  agree on the matter, the matter shall be decided by the third member of the
				  panel who was selected by the other two appointees.
(b) All disputed activities which either
				  party asserts may harm the conservation purposes of the partnership agreement
				  shall be discontinued until the dispute is resolved; provided that the work,
				  services, or activities that are either required or allowed under the
				  conservation easement between private landowner and cooperating entity, as it
				  existed at the original execution of the partnership agreement, shall not be
				  deemed harmful to the conservation purposes of the partnership agreement.
				  Either part may bring an action in court to enforce this subsection by
				  injunction.
(c) The decision of the
				  panel or the third member of the panel shall be final, conclusive, and binding
				  upon all parties. The parties shall not challenge the decision as arbitrated
				  under this provision unless circumstances have so changed as to make the
				  arbitrated decision inapplicable to the present situation.
(d) The provisions of this section shall be
				  governed by the provisions of chapter
				  658, HRS, as chapter
				  658, HRS, existed on the effective
				  date of the partnership agreement and the arbitrators shall have all the powers
				  and duties prescribed by chapter
				  658, HRS. Judgment may be entered
				  upon any such order by the applicable circuit court of the State of Hawaii, as
				  provided in chapter
				  658, HRS.
(e) All costs of such arbitration, other than
				  attorneys' fees, shall be borne equally by both parties.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 219 - SCHEDULE OF FEES › Section 13-219-2 - Documents

Current through June, 2024
Fees for the processing of public documents and records
				  shall be charged as follows:
(1) Assignment of Lease with Consent
$ 30.00
(2) Assignment of Special Sale Agreement (Agreement of
							 Sale with Consent)
30.00
(3) Collateral Agreement
30.00
(4) Consent
22.50
(5) Copy
(A) Photostat
1.00/page
(B) Certification
1.00/additional
(C) Xerox - Photo-facsimile
.50/page
(6) Deed
30.00
(7) Land Patent or Grant
30.00
(8) Lease (printed or mimeographed form)
30.00
(9) Lease (Others)
3% X annual rental
X
Lease (rental) term
20
with a minimum of
$50 and a maximum of
$100
(10) License, Land
45.00
(11) License, Water
3% X annual rental
X
Lease term
,
20
with a minimum of
$50 and a maximum of
$100
(12) Permit (printed or mimeographed form)
7.50
(13) Permit (Others)
30.00
(14) Special Sale Agreement (Agreement of Sale)
30.00
(15) Sublease, Mortgage or Agreement
30.00
(16) All other documents prepared by the department
30.00
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 219 - SCHEDULE OF FEES › Section 13-219-3 - Services

Current through June, 2024
Fees for services performed by the department shall be
				  charged as follows:
(1) Appraisal Fee (by private
							 appraisers)
Cost to department but not less than $25
(2) Survey Fee
$ 25.00 for maps and
							 descriptions, plus such other additional fees as may be deemed necessary or
							 desirable by the Director for other survey work.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 220 - PUBLIC AUCTION › Section 13-220-2 - Notice of Sale

Current through June, 2024
Each notice of sale shall contain the following
				  information:
(1) General information
				having relationship to all the parcels or lots offered for sale such as time
				and place of sale, terms and conditions of sale, qualification of bidders,
				determination of purchaser, duties of purchaser, effect of sale, etc.,
				and;
(2) Specific information
				pertaining to the individual parcels or lots offered for sale such as the
				parcel or lot number, its description, location and area, upset price and
				rental, method of payment, purpose for which sold, and whenever applicable, the
				term of lease, building requirement and other covenants and
				conditions.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 10 - LAND MANAGEMENT › Chapter 220 - PUBLIC AUCTION › Section 13-220-3 - Payment of Publication Costs

Current through June, 2024
(a) In the event
				the notice of sale covers only one lot or parcel, then the purchaser shall bear
				the total cost of the advertising charges.
(b) When the notice of sale covers more than
				one lot or parcel, each purchaser or lessee shall pay advertising costs equal
				to the sum of (1) and (2):
(1) The quotient
				obtained by dividing the cost as determined in section 13-220-2, by the total
				number of lots or parcels covered by the notice of sale; plus
(2) The cost as determined by section
				13-220-2(2), for the individual lot or parcel for which the purchaser's or
				lessee's share of advertising costs is being determined.