THE SENATE

S.C.R. NO.

79

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

REQUESTING THE STATE AUDITOR TO CONDUCT A PROGRAM AND FINANCIAL AUDIT OF THE DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORIC PRESERVATION DIVISION.

 

WHEREAS, the value of conserving and developing historic and cultural properties for the public good is recognized in Article IX, Sections 7 and 9 of the Hawaii State Constitution; and

WHEREAS, Chapter 6E, Hawaii Revised Statutes (HRS), includes legislative declarations including that "the historic and cultural heritage of the State is among its important assets…" which are threatened by rapid social and economic developments of contemporary society; and

WHEREAS, these legislative declarations further provide that "it shall be public policy of this State to provide leadership in preserving, restoring, and maintaining historic and cultural property…"; and

WHEREAS, Chapter 6E, HRS, authorizes the creation of a comprehensive historic preservation program within the Department of Land and Natural Resources to promote the use and conservation of historic and cultural properties in Hawaii; and

WHEREAS, the National Historic Preservation Act of 1966 (16 U.S.C. 4701) establishes State Historic Preservation Offices in all 50 states to administer historic preservation programs which are responsible, in part, for maintaining a historic property inventory, nominating eligible properties to the National Register, preparing statewide historic preservation plans, administering federal assistance to preservation projects, and reviewing the effects of all federal undertakings on historic properties in Hawaii; and

WHEREAS, these state and federally mandated responsibilities are currently assigned to the Historic Preservation Division, Department of Land and Natural Resources, which receives approximately 40 percent of its funding from federal sources and the remainder from state legislative appropriations; and

WHEREAS, concerns have been raised about the management and operations of the Historic Preservation Division, including lengthy delays in processing County, State, Federal project applications and permits, recurrent backlogs in reviewing compliance reports, difficulty in contacting staff for information or determinations, inconsistent and inequitable decisions being made by the Division, an absence of effective long or short-term program planning, and a lack of accountability in securing and expending federal and state funds; and

WHEREAS, the Burial Sites Program, including five island Burial Councils, is also administered by the Historic Preservation Division, and applicants before these Councils and Council members have expressed similar frustrations about frequent delays in Council deliberations and Division decisions, poor documentation of this process, and a lack of administrative support for the program; and

WHEREAS, in 1976, Act 104 established the Historic Preservation program and authorized the Department to adopt administrative rules for the historic preservation program; and

WHEREAS, according to some sources, these rules have yet to be adopted, despite the use over the past 15 years of multiple versions of draft rules; and

WHEREAS, pursuant to section 6E-3, HRS, the Department is authorized to collect fees to defray the costs of regulating archaeological work in Hawaii and these fees have yet to be established or collected; and

WHEREAS, during this same period, the Legislature has not seen any firm plan or administrative actions being taken to remedy, in a substantive manner, these long-standing and recurring concerns; and

WHEREAS, it is appropriate that the Legislature exercise its public trust responsibilities to ensure the proper treatment of Hawaii’s historic and cultural resources for the enrichment of Hawaii’s native people, resident communities, and visitors; and to see that consideration of these resources does not unduly hinder the use of private lands, economic development, capital improvement projects, or social programs; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2002, the House of Representatives concurring, that the State Auditor is requested to conduct a program and financial audit of the Department of Land and Natural Resources Historic Preservation Division; and

BE IT FURTHER RESOLVED that the State Auditor is requested to gather and consider information provided by historic preservation consultants, government agency staff, island burial councils, native Hawaiians, landowners, businesses, and community members that are most directly impacted by and depend upon the Division’s mandated services; and

BE IT FURTHER RESOLVED the audit shall include but not be limited to:

(1) The general operations of the Historic Preservation Program, including its project review procedures, compliance with Chapter 92, Hawaii Revised Statutes, records management, and the electronic accessibility of information;

(2) The organizational structure of the program, including personnel practices, staffing coverage, and facilities;

(3) The development and implementation of comprehensive statewide plans to secure federal funding and additional grants from private and other government sources;

(4) Internal budgeting and fiscal controls to ensure effective and appropriate expenditure of legislative appropriations and matching federal funds; and

(5) The status, completeness, and intelligibility of the draft administrative rules for the Historic Preservation Division’s program;

and

BE IT FURTHER RESOLVED that the Auditor is requested to consider how State Historic Preservation Offices in other states address conflicts between economic and cultural interests, increasing regulatory workloads, budget constraints, program planning and staffing issues, and the need to meet National Historic Preservation Act program requirements; and

BE IT FURTHER RESOLVED that the Auditor is requested to submit to the Legislature and the Governor a report of findings and recommendations no later than twenty days prior to the convening of the Regular Session of 2003; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Chairperson of the Board of Land end Natural Resources, and the State Auditor.

 

 

Report Title:

Program and financial audit of Historic Preservation DLNR