Report Title:

Native Hawaiian Historical Sites; Landowner Modification

Description:

Requires landowner of a potential native Hawaiian historical site on private property to obtain prior approval of the department of land and natural resources before conducting certain activities on the land; specifies procedures; defines "potential native Hawaiian historic site."

THE SENATE

S.B. NO.

1214

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to native hawaiian historic sites.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 6E, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Potential native Hawaiian historic site" means a wall, platform, stone pavement, enclosure, terrace, petroglyph, heiau, mound, ahu, auwai, trail, shrine, or any other manmade feature that is consistent in design and construction materials to features built by native Hawaiians before 1850, and for which there is no credible evidence demonstrating that it was built after 1850."

SECTION 2. Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"6E- Native Hawaiian historic sites. (a) No landowner, or any person with the consent of the landowner, may remove, excavate, injure, or destroy a potential native Hawaiian historic site on private property, unless the landowner has notified the department of the proposed action and of the future use the landowner proposes for the native Hawaiian historic site. The department shall have not more than sixty days from receipt of the notice review and comment upon the proposed action.

(b) After the department's review and comment, the department may approve the proposed action, which shall be based upon a finding that the site in question does not warrant preservation. If the department approves the proposed action, the landowner shall apply for any land use approval required if the proposed use of the property would require a permit, license, certificate, land use change, subdivision, or other entitlement for use issued by the State or any of its political subdivisions, and complied with the procedures established under section 6E-42.

(c) If the department does not approve the proposed action, the landowner shall record a covenant running with the land, with a copy sent to the department, that landowner will not apply for a permit, license, certificate, land use change, subdivision, or other entitlement for use issued by the State or any of its political subdivisions affecting the land containing the potential native Hawaiian historic site, for ten years from the date of recordation.

(d) The department may also commence condemnation proceedings within sixty days of notification, to purchase the site, or to purchase an easement for the preservation of the site.

(e) If funds for the acquisition of property condemned under subsection (d) are not available, the governor may, upon the recommendation of the department, allocate from the contingency fund an amount sufficient to acquire an option on the property or for the immediate acquisition of the property.

(f) No State or county agency shall issue a land use permit or other approval in contradiction of a covenant recorded under subsection (c).

(g) Any person who knowingly violates this section shall be subject to the penalties set forth in section 6E-11(c), and, in addition, shall be prohibited from applying for a permit, license, certificate, land use change, subdivision, or other entitlement for use issued by the State or any of its political subdivisions affecting the land containing the potential native Hawaiian historic site, for ten years from the date of violation. For the purposes of this section, a landowner shall be deemed to have constructive knowledge of sites listed in the state inventory of historic places."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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