Haw. Code R. § 13-210-11 - Agreement administration

(a) The initial duration of the partnership agreement shall be six years subject to the following conditions:

(1) The annual renewal date of the partnership agreement shall be July 1 of each year during which the partnership agreement is in effect;

(2) On each such annual renewal date, a year shall automatically be added to the term of the partnership agreement so that there shall always be six years remaining under the term of the partnership agreement, unless by April 1 of any year, the managing partner notifies the division in writing of nonrenewal of the partnership agreement.

(A) Notice of nonrenewal by the managing partner shall cancel any future automatic one-year renewals.

(B) Upon notice of nonrenewal the partnership agreement shall remain in effect for the balance of the existing six year term; and

(3) Although the partnership agreement is automatically renewed each year, funding amounts must be re-authorized by the board at least every six years as follows:

(A) The managing partner shall submit an updated six-year management plan, with a revised budget, to the department for its review by August 31 of the sixth state fiscal year for which management activities and funding were approved by the board. The department shall make a recommendation to submit to the board in regard to approval of requested funding amounts and management activities, subject to availability of sufficient state funds.

(i) The cost of preparing the updated plan, including the accompanying environmental assessment or impact statement, shall be considered an allowable program expense but must be included as part of each six-year plan approved by the board. Additional plan preparation funds above the approved amounts will not be available.

(ii) The managing partner may submit an updated six-year plan more frequently than every six years at its option and sole expense.

(B) After a department recommendation supporting requested funding amounts and prior to board submittal, by the department, the managing partner, with assistance from the department shall prepare and complete an environmental review for the updated plan, according to chapter 343, HRS, and chapter 11-200, Hawaii Administrative Rules.

(C) The department shall submit a recommendation for project renewal to the board within sixty days following either:

(i) The completion of an environmental assessment and the publication of a determination of no significant environmental effect and issuance of a negative declaration; or

(ii) The acceptance of a final environmental impact statement as outlined in chapter 343, HRS.

(D) Upon renewal from the board, funding amounts shall be authorized for a new six-year period.

(b) Payments to the managing partner shall not exceed two-thirds of the project's approved total cost in developing and implementing the management plan.

(c) The managing partner is not permitted to use other state government financial program funds for its matching requirements.

(d) In-kind services may be utilized as a portion of the managing partner's one third match. The value of in-kind services shall be consistent with existing federal and state guidelines for such services.

(e) The department has the right to make inspections of the reserve with three days prior written notice to the managing partner. In addition, the department shall be obligated to inspect the work on the reserve at least once per year.

Notes

Haw. Code R. § 13-210-11

[Eff JAN 08 1999] (Auth: HRS § 195-6.5(b)(5)) (Imp: HRS §§ 195-6.5(b)(2), 195-6.5(b)(4), 195-6.5(b)(5))