HRS §206-35
Agreement to secure federal contributions; default
This section lets the Board of Land and Natural Resources promise to hand over a project to the federal government if the Board seriously breaks its contract. The federal government can then run or sell the project, but must give it back once the problems are fixed. This promise is legally binding and is not a mortgage.
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The statute, as written — Agreement to secure federal contributions; default
In addition to the powers conferred upon the board of land and natural resources by other provisions of this chapter, the board, in any contract for annual contributions with the federal government, may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the federal government possession of or title to the project to which the contract relates, upon the occurrence of a substantial default (as defined in the contract) with respect to the covenants or conditions to which the board is subject. The contract may provide further that in case of such conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of the contract; provided that the contract shall require that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the board the project as then constituted.
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