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." (SD1)

THE SENATE

S.B. NO.

1554

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

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. The purpose of this Act is to protect native Hawaiian historic sites. Existing laws do not protect historic sites on private land from intentional destruction by the landowner, unless the site is listed on the state register of historic places, is a burial site, or the owner has applied for a land use permit. This can create an incentive for landowners to destroy such sites before applying for permits. This Act protects sites by requiring that significant sites not be destroyed unless the landowner applies for the necessary land use permit and follows the process for identifying sites and mitigating impacts under section 6E-42, Hawaii Revised Statutes. If the landowner wishes to destroy a site, but does not intend any activity that requires a land use permit, the landowner must record a covenant not to apply for any such permit for ten years for the area around the site.

SECTION 2. Section 6E-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and 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 3. 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; and

(1) Obtained the approval of the department, which shall be based upon a finding that the site in question does not warrant preservation, and which approval shall be granted or denied by the department within sixty days;

(2) Applied 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 thereafter follows and completes the procedures established under section 6E-42; or

(3) If the department has denied approval, and proposed use does not require an entitlement for use under section 6E-42, recorded 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 immediate area containing the potential native Hawaiian historic site, including all land owned by the landowner within a one hundred-foot radius of the site for ten years from the date of recordation.

(b) 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.

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

(d) No state or county agency shall issue a land use permit or other approval in contradiction of a covenant recorded under subsection (a)(3).

(e) Any person who knowingly violates this section shall be subject to the penalties set forth in section 6E-l1(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 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.