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Public Access, Open Space, and Natural Resources Preservation Maintenance Fund. (a) The purpose of the public access, open space, and natural resources preservation maintenance fund is to accrue and use moneys for maintenance of lands and easements acquired by the public access, open space, and natural resources preservation fund. The maintenance fund will ensure that money is dedicated to preserve the land, promote public safety, and maintain a healthy stewardship. (b) [Definitions.] For the purpose of this section, [the following definitions apply: "Maintenance"] "maintenance" means to preserve and conserve lands and easements acquired by the public access, open space, and natural resources preservation fund and keep them in good repair for public safety. ["Maintenance fund" means a separate fund that holds moneys directed from: 1) the general fund and property tax revenues; or 2) designated grants, private contributions, source of revenue.] (c) There is established a public access, open space, and natural resources preservation maintenance fund (hereinafter "maintenance fund"). The maintenance fund shall be administered and managed by the [department of parks and recreation. The financial aspects of the maintenance fund shall be handled by the] department of finance. (d) Deposits due to the maintenance fund. (1) In adopting each fiscal year's operating budget, the council shall appropriate one- quarter of one per cent of all real property tax revenue (including interest and penalties) to the maintenance fund. Deposits to the maintenance fund shall occur on a quarterly basis at a minimum. (2) Additional revenue deposited in the maintenance fund may consist of grants and private contributions intended for the purpose of this section, proceeds from the sale of general obligation bonds authorized and issued for the purpose of this section, council appropriations for the purpose of this section, and any other source of revenue. (e) Accounting for the maintenance fund; interest bearing accounts; reporting by the department of finance. (1) All moneys in the maintenance fund shall be deposited in interest bearing accounts until needed. Any interest shall accrue to the maintenance fund. (2) Moneys in the maintenance fund shall be identified separately for: (A) Funding received from the real property tax revenue including interest and penalties; and (B) Funding received from grants and private contributions, and any other source of revenue, and its interest earned, which: i. Shall be itemized and earmarked for specific projects for the lands or easements. ii. Shall not be subjected to the maximum accrual of funds limit provided in subsection (f). (3) Financial statements shall be posted each month on the public access, open space, and natural resources preservation fund web site. (f) (g) Maximum accrual limit in maintenance fund; exemption to funding. (1) Only moneys derived from real property tax revenue, its interest, and its penalties shall be included in the computation of the maximum accrual limit for the maintenance fund. All other moneys specifically directed to the maintenance fund shall be held separately from those moneys in the maintenance fund that originated from real property tax revenues (including interest and penalties), and shall not be subjected to the maximum accrual limit. (2) The maximum accrual limit shall not exceed $3,000,000. (3) At the end of any fiscal year in which the maintenance fund holds unencumbered funds derived from real property tax revenue (including interest and penalties) of at least $3,000,000, any unencumbered amount in excess of that $3,000,000 shall be permanently transferred to the general fund balance. (4) Exemption to funding. If the maintenance fund holds $3,000,000 in unencumbered funds derived from real property tax revenue (including interest and penalties), then the council and the executive branch do not need to add more money to the maintenance fund until the next budget cycle. This exemption shall not release the administration from its mandatory duty to maintain and preserve lands and easements acquired by the public access, open space, and natural resources preservation fund in good repair for public safety each fiscal year. The maintenance fund shall be used solely for public safety maintenance and preservation of those lands and easements acquired by the public access, open space, and natural resources preservation fund, and [may] shall be used only for expenditures directly related to its purpose. Expenditures by the administration [ef] and/or stewardship grants presumed to be directly related are as follows: (1) Reparation (fixing, mending, repair work, and servicing); (2) Preservation (damage control, salvaging, safekeeping, and safeguarding); (3) Conservation of soil, forests, shorelines, native wildlife, streams, wetlands, watershed, and floodways; (4) Restoration (replacement, reclamation, reconditioning, and remediation); (5) Wildfire and fire prevention; (6) Repair of existing buildings to meet the current code requirements, if the building is deemed reasonable to save; (7) Replacing signs to meet the current code requirements; (8) Installation, repair, or replacement fencing and gate or access mechanisms; (9) Installation or repair of cattle guards; 00) Building, renting, leasing, installing, and maintenance of toilet facilities; (11) Installation of small sheds or structures for the storage of maintenance equipment; f12) Installation and maintenance of structures to provide protection from the elements; (13) Creation of trails or paths to access land for public safety, maintenance, and preservation; [(-1-0)114 Mitigation of flooding problems including repair or restoration of existing culverts, drainage features, or other similar flood control mitigation; [(11)] 15 Archeological survey and buffering of Native Hawaiian historical or cultural sites after appropriate consultation with Native Hawaiian descendants and cultural practitioners; 2 [(12)] 16 Biological studies for the protection of Native Hawaiian species of plants and animals; or [(13)] 17 Mitigation of Americans with Disabilities Act compliance issues that may arise during the course of public safety maintenance and preservation. [Moneys in the maintenance fund shall not be used for planning, design, development, or construction of new buildings, facilities, or infrastructure including roads, paths, bridges, culverts, ramps, or drainage features. Money in the maintenance fund shall also not be used for mitigation of Americans with Disabilities Act compliance issues for any new buildings, facilities, or infrastructure. Payment to resolve these aforementioned issues shall be from the capital improvement projects budget or allotments derived from the general fund.] (h) At least seventy percent of each fiscal year' s appropriation into this fund shall be reserved for stewardship grants to qualifying stewardship organizations. [(h ]Q Stewardship Grants. Moneys may also be used to provide grants-in-aid for projects, which uses are reflected in subsection (g). (1) An award of a stewardship grant shall be by council resolution. Stewardship grants may be awarded only until moneys in the maintenance fund are extinguished. Grants shall be awarded on the basis of ability of the stewardship organization to complete the project on time and within cost estimates. (2) Only 501(c)3 nonprofits or an organization that operates under the umbrella of a 501(c)3 nonprofit, and that can complete a project for the good of the community, shall be considered for a stewardship grant. (3) Public notice by the department of finance of the availability of the stewardship grants shall be placed in two newspapers of general circulation, as well as electronic media accessible by internet, by August 1 of each fiscal year provided money is available. These advertisements shall be paid for from the maintenance fund. (4) To apply for a stewardship grant, a stewardship organization shall provide to the department of [parks and recreation] finance and the public access, open space, and natural resources preservation commission the following: (A) An application form obtained from the department of [parks and recreation] finance, which is completed for each specific purpose or project; (B) A [detailed business plan for the project that includes the name of the 501(c)3 nonprofit organization, the organization that operates under the umbrella of a 501(c)3 nonprofit organization, if any, a] copy of its letter of determination from the Internal Revenue Service[] confirming its 501(c)3 status or the 501(c)3 status of the umbrella organization; (C) A copy of its bylaws and mission statement[] (D) A detailed business plan that includes the description of the specific project, time frames for project goals, costs, and activities to accomplish the stated purpose, and any other information requested by the department of [parks and recreation] finance; and [(C)] . A signed agreement to file a written report to the department of finance one year or less after receipt of funds [that includes] or thirty days following project completion, which shall include details as to what has been accomplished on the project, actual costs, [and how the money was 3 spefitd expense receipts, and any other information requested by the department of finance. The completed report shall be provided to the public access, open space, and natural resources preservation commission and the council. Unexpended funds shall be returned to the maintenance fund within thirty days of submitting a final report. [No officer, board member, or employee] Officers, board members, or employees of the 501(c)3 nonprofit organization or the organization that operates under the umbrella of a 501(c)3 nonprofit organization [ ] may receive a salary [ef]z payment for labor, or receive [] reimbursement for the stewardship work on the project[-], provided any funds to be used for these purposes are specifically stipulated in the detailed business plan required by this subsection. The 501(c)3 nonprofit shall sign an agreement so stating these conditions and submit it with the application. Mismanagement of moneys awarded for a stewardship grant shall permanently bar the 501(c)3 nonprofit organization and the organization that operates under the umbrella of a 501(c)3 nonprofit organization from receiving future grants from the maintenance fund. The director of the department of [parks and recreation] finance shall provide a short written evaluation of the proposed project to the council and include a recommendation about the applicant's ability to complete the project according to the project plan."