Report Title:

Natural Area Reserves System; Forest Stewardship Programs

Description:

Clarifies the uses of the natural area reserve fund and the forest stewardship fund.

HOUSE OF REPRESENTATIVES	H.B. NO.	1798
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE NATURAL AREA RESERVES SYSTEM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 195-9, Hawaii Revised Statutes, is amended to read as follows:

     "§195-9 Natural area reserve fund; heritage program; established.  (a)  There is hereby established in the state treasury a special fund known as the natural area reserve fund, which shall be used to implement the purposes of this chapter, including [the]:

(1) The identification, establishment, and management of natural area reserves[, the];

(2) The acquisition of private lands for new natural area reserves[, the];

(3) The operation of the heritage program[,] and [the];

(4) The provision of matching funds for the natural area partnership program[.] and forest stewardship programs;

(5) Projects undertaken in accordance with watershed management plans pursuant to section 171-58 or watershed management plans negotiated with private landowners; and

(6) The youth conservation corps established under chapter 193.

     The fund shall be administered by the department.

     (b)  The fund shall consist of moneys received from any public or private sources[.] and any moneys paid into the fund pursuant to section 247-7.  The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury, except that any moneys received from the federal government or from private contributions shall be deposited and accounted for in accordance with conditions established by the agencies or persons from whom the moneys are received.  Investment earnings credited to the assets of the fund shall become a part of the assets of the fund.  Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the next fiscal year."

     SECTION 2.  Section 247-7, Hawaii Revised Statutes, is amended to read as follows:

     "§247-7  Disposition of taxes.  All taxes collected under this chapter shall be paid into the state treasury to the credit of the general fund of the State, to be used and expended for the purposes for which the general fund was created and exists by law; provided that of the taxes collected each fiscal year:

     (1)  Ten per cent shall be paid into the land conservation fund established pursuant to section 173A-5;

     (2)  Thirty per cent shall be paid into the rental housing trust fund established by section 201H-202; and

     (3)  Twenty-five per cent shall be paid into the natural area reserve fund established by section 195-9; provided that the funds paid into the natural area reserve fund shall be annually disbursed by the department of land and natural resources [in the following priority:

(A) To natural area partnership and forest stewardship programs after joint consultation with the forest stewardship committee and the natural area reserves system commission;

(B) Projects undertaken in accordance with watershed management plans pursuant to section 171-58 or watershed management plans negotiated with private landowners, and management of the natural area reserves system pursuant to section 195-3; and

(C) The youth conservation corps established under chapter 193.] after consultation with the natural area reserves system commission."

     SECTION 3.  Section 195F-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established a special fund within the state treasury known as the forest stewardship fund which shall be used as follows:

     (1)  Payments shall be made by the board pursuant to agreements entered into with qualified landowners to further the purposes of this chapter;

     (2)  Moneys collected from:

         (A)  The harvest of non-native forest products from forest reserves;

         (B)  The harvest of native forest products from degraded forests as defined in section 186-5.5, within forest reserves;

         (C)  The sale of forest products found dead and lying on the ground;

         (D)  The sale of tree seedlings from state nurseries;

         (E)  The sale of any other products or services, or anything of value derived from forest reserves not described above; or

         (F)  The imposition of fines or penalties for violations of this chapter and chapters 183 and 185 or any rule adopted thereunder;

          shall be used for: (i) replanting, managing, and maintaining designated timber management areas; (ii) enhancing the management of public forest reserves with an emphasis on restoring degraded koa forests; and (iii) developing environmental education and training programs pertaining to sustainable forestry; provided that the activities described in clauses (ii) and (iii) may not be funded unless the activities described in approved management plans pertaining to clause (i) are adequately funded; and

     (3)  Moneys deposited into the fund as authorized by section [247-7] 195-9 may also be used by the department to administer the program and manage the forest reserve system."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________