Timber Management 

Establishes the forest stewardship fund for reforestation and
maintenance of harvested plantation areas, enhancement of public
forest reserves, and development of environmental education and
training programs for the public.  (SB1097 HD1)

THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that a sustainable forest
 2 products industry can help to revitalize rural economies and
 3 expand local business activities in the wake of the downsizing of
 4 Hawaii's sugar industry.  This can be done without compromising,
 5 and by in fact enhancing, the watershed and native resource
 6 values of our public forest reserves.  Although the forest
 7 reserve system was set up to be as self-sustaining as possible,
 8 public land managers need authority to use revenues from
 9 harvested timber and other forest products to fund essential
10 forest management activities.  Existing budgets allow for only
11 sixty acres per year to be harvested and reforested sustainably.
12 Thus, the commercial management of public forests makes little
13 contribution to the recovery and growth of Hawaii's economy.
14 Increased monitoring and compliance responsibilities are also
15 demanding more concentrated staff time.  A portion of the value
16 derived from the harvest of existing non-native forest resources
17 should be reinvested in order to reforest and manage harvested
18 areas and to more effectively manage other forest resources
19 within the forest reserve system.  This could all be done without

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 1 any impact on existing general fund revenue.  In addition, the
 2 public will respond more favorably to the use of its forest
 3 resources if proceeds derived from harvesting can be reinvested
 4 into our forests.  Funding should also be provided for
 5 environmental education materials and training programs that
 6 further the development of a responsible and sustainable forest
 7 management industry in Hawaii.
 8      The purpose of this Act is to improve forest management by:
 9      (1)  Providing for the reforestation and maintenance of
10           harvested plantation and naturalized non-native forest
11           areas on state lands;
12      (2)  Enhancing the management of public forest reserves in
13           order to improve Hawaii's natural environment and
14           economy; and
15      (3)  Developing environmental educational and training
16           programs for the public.
17 This will be funded through the reinvestment of income derived
18 from the harvesting of non-native forest products from state
19 lands and the sale of tree seedlings from state nurseries.
20      SECTION 2.  Section 183-16, Hawaii Revised Statutes, is
21 amended to read as follows:
22      "183-16  Income from forest reserve.  (a)  Any moneys
23 accrued:

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 1      (1)  From the harvest of nonnative forest products from
 2           forest reserves;
 3      (2)  From the harvest of native forest products from forest
 4           reserves found dead and lying on the ground; or
 5      (3)  From the sale of tree seedlings from state nurseries;
 6 shall be deposited into the forest stewardship fund.
 7      [In case any] (b)  Any other moneys [accrue] accrued from
 8 any forest reserve[,] or the products thereof[, or the sale of
 9 tree seedlings from state nurseries, the moneys] shall be
10 deposited [with the state director of finance to the credit of]
11 into the general fund."
12      SECTION 3.  Section 195F-3, Hawaii Revised Statutes, is
13 amended to read as follows:
14      "[[]195F-3[]]  Establishment of the forest stewardship
15 program.  (a)  There is established a forest stewardship program
16 to be administered by the board to assist private landowners in
17 managing, protecting, and restoring important watersheds, native
18 vegetation, timber resources, fish and wildlife habitats,
19 isolated populations of rare and endangered plants, and other
20 lands that are not recognized as potential natural area reserves.
21      (b)  The program shall reimburse landowners for a portion of
22 the landowners' total costs in developing and implementing

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 1 approved forest stewardship management plans[, as set forth in]
 2 pursuant to this chapter.
 3      (c)  The program shall assist in the forest stewardship of
 4 public lands and in developing education and training programs
 5 for sustainable forestry pursuant to section 195F-4(a)(2)."
 6      SECTION 4.  Section 195F-4, Hawaii Revised Statutes, is
 7 amended by amending subsection (a) to read as follows:
 8      "(a)  There is established a special fund within the state
 9 treasury known as the forest stewardship fund [from which
10 payments] which shall be used as follows:
11      (1)  Payments shall be made by the board pursuant to
12           agreements entered into with qualified landowners to
13           further the purposes of this chapter[.]; and
14      (2)  Moneys collected from the harvest of non-native forest
15           products from forest reserves, from the harvest of
16           native forest products from forest reserves found dead
17           and lying on the ground, or from the sale of tree
18           seedlings from the state nurseries, shall be used for
19           the following activities:
20           (A)  Replanting, managing, and maintaining designated
21                timber management areas;
22           (B)  Enhancing the management of public forest reserves
23                with an emphasis on restoring degraded koa

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 1                forests; and
 2           (C)  Developing environmental education and training
 3                programs pertaining to sustainable forestry;
 4           provided that funding for the purposes described in
 5           subparagraphs (B) and (C) may not occur unless the
 6           activities described in approved management plans
 7           pertaining to subparagraph (A) are adequately funded."
 8      SECTION 5.  Section 195F-6, Hawaii Revised Statutes, is
 9 amended by amending subsection (e) to read as follows:
10      "(e)  The board shall submit annually a detailed report to
11 the governor and legislature [setting forth] that shall:
12      (1)  Identify management objectives that have been
13           completed[,] on private lands resulting from payments
14           made pursuant to section 195F-4(a)(1) and provide an
15           analysis of problems and issues encountered in meeting
16           or failing to meet objectives as set forth in the
17           management plans[, the financial condition of the fund,
18           and management objectives for the next year.];
19      (2)  Identify all reforestation, forest management,
20           education, and training objectives that have been
21           completed as a result of any expenditures made pursuant
22           to section 195F-4(a)(2);

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 1      (3)  Describe the financial condition of the fund, including
 2           receipts and expenditures from the previous fiscal
 3           year; and
 4      (4)  Set forth plans and management objectives for the next
 5           fiscal year."
 6      SECTION 6.  Statutory material to be repealed is bracketed.
 7 New statutory material is underscored.
 8      SECTION 7.  This Act shall take effect on July 1, 1999.