H.C.R. NO.



H.D. 1















     WHEREAS, the importance of conserving, preserving, and developing historic and cultural objects and places for the public is established in article IX, sections 7 and 9 of the Hawaii Constitution; and


     WHEREAS, the importance of the protecting historic and cultural property for the education, inspiration, pleasure, and enrichment of all citizens of the State is codified in state law as chapter 6E, Hawaii Revised Statutes, which expressly established within the Department of Land and Natural Resources (DLNR) a comprehensive historic preservation program to be administered by the State Historic Preservation Division (SHPD); and


     WHEREAS, SHPD officially became a division of the DLNR in 1990; prior to 1990, the Division's functions were managed by the State Parks Division of the Department; and


     WHEREAS, SHPD is comprised of three branches, archaeology, architecture, and history and culture, and is responsible for administering the historic preservation program by:


     (1)  Development of an on-going program of historical, architectural, and archaeological research and development, including surveys, excavations, scientific recording, interpretation, and publications on the State's historical and cultural resources;


     (2)  Acquisition of historic or cultural properties, real or personal, in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means; preservation, restoration, administration, or transference of the property; and the charging of reasonable admissions to that property;


     (3)  Development of a statewide survey and inventory to identify and document historic properties, aviation artifacts, and burial sites, including all those owned by the State and the counties;


     (4)  Preparation of information for the Hawaii register of historic places and listing on the national register of historic places;


     (5)  Preparation, review, and revisions of a state historic preservation plan, including budget requirements and land use recommendations;


     (6)  Application for and receipt of gifts, grants, technical assistance, and other funding from public and private sources for the purposes of this chapter;


     (7)  Provision of technical and financial assistance to the counties and public and private agencies involved in historic preservation activities;


     (8)  Coordination of activities of the counties in accordance with the state plan for historic preservation;


     (9)  Stimulation of public interest in historic preservation, including the development and implementation of interpretive programs for historic properties listed on or eligible for the Hawaii register of historic places;


    (10)  Coordination of the evaluation and management of burial sites as provided in section 6E-43, Hawaii Revised Statutes;


    (11)  Acquisition of burial sites in fee or in any lesser interest, by gift, purchase, condemnation, devise, bequest, land exchange, or other means, to be held in trust;

    (12)  Submittal of an annual report to the Governor and Legislature detailing the accomplishments of the year, recommendations for changes in the state plan or future programs relating to historic preservation, and an accounting of all income, expenditures, and the fund balance of the Hawaii historic preservation special fund;


    (13)  Regulation of archaeological activities throughout the State;


    (14)  Employment of sufficient professional and technical staff for the purposes of this chapter which may be in accordance with chapter 76, Hawaii Revised Statutes;


    (15)  The charging of fees to at least partially defray the costs of administering sections 6E-3(13), 6E-8, and 6E-42, Hawaii Revised Statutes;


    (16)  Adoption of rules in accordance with chapter 91, necessary to carry out the purposes of chapter 6E, Hawaii Revised Statutes; and


    (17)  Development and adoption, in consultation with the office of Hawaiian affairs native historic preservation council, of rules governing permits for access by native Hawaiians and Hawaiians to cultural, historic, and pre-contact sites and monuments; and


     WHEREAS, in 2002, based upon concerns about the management and operations of SHPD, including delays in processing county, state, and federal project applications and permits, recurrent backlogs in reviewing compliance reports, difficulty in contacting staff for information, frustrations concerning the burial sites program, the Legislature, by Senate Concurrent Resolution No. 79, S.D. 1, requested the Auditor to conduct a program and financial audit of SHPD; and


     WHEREAS, an Audit of SHPD was submitted by the Auditor in December 2002 to the Governor and the Legislature; and


     WHEREAS, the 2002 Audit reflected a number of troubling issues and problems within SHPD and recommended that the Governor intervene to ensure that management of SHPD is improved and that the Chairperson of the Board of Land and Natural Resources and the administrator of SHPD take steps to improve the protections of the State's historic properties and to prevent the misuse, abuse, and theft of SHPD's limited resources; and 


     WHEREAS, despite the issues and recommendations of the Auditor's report in 2002, complaints continue to be aimed at SHPD for its recent handling of ancient remains and historic sites, raising concern that the State's cultural and historical resources are not being adequately protected and preserved; and


     WHEREAS, in the last several years in particular, SHPD's protection of Hawaiian historic sites has been highly criticized for being understaffed and lacking archeological expertise; other complaints have included accusations of neglect in maintaining reports and an inventory of historic sites, the credibility or appropriateness of the credentials of SHPD's previous Administrator, whose management style allegedly resulted in at least 19 qualified employees leaving SHPD before the Administrator resigned under pressure in 2007, based upon issues relating primarily to complaints of mismanagement of native Hawaiian burials and inappropriate treatment of ancestral bones; and


     WHEREAS, despite the appointment of a new Administrator in 2008, the many complaints about SHPD's mishandling of historic sites and ancient remains, including the recent bulldozing of a heiau; management and staffing issues; and the continuation of stalled projects because of backlogged paper work not completed by SHPD, resulted in a federal assessment of SHPD by the National Park Service (NPS) in July 2009; and


     WHEREAS, in response to the federal assessment by NPS, an official of SHPD acknowledged that SHPD lacks qualified staff, in part because they are unable to fill positions due to a hiring freeze imposed by the Governor, and is hampered by defective equipment, including SHPD's Geographical Information System, which has not been updated since 2004, and a broken tracking system; and
     WHEREAS, on March 19, 2010, NPS released its final report which found, among other things, that SHPD is deficient in the federal program areas of:


(1)  Survey and inventory;


(2)  Review and compliance; and


(3)  National Register of Historic Places and Historic Preservation Planning,


largely relating to staffing and availability of information on important sites, giving SHPD two years to comply with a corrective plan, which, if not met, would result in suspension of their annual grant which comprises half of SHPD's budget; and


     WHEREAS, while a state audit at this time would outline the additional issues at the state level in which SHPD needs assistance, as SHPD's remaining time under the current administration is brief and SHPD must focus on compliance with the NPS corrective plan so as not to lose its annual grant, the Legislature finds that an audit would further diminish SHPD's limited resources and further disrupt SHPD's current responsibilities; now, therefore,


     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the Senate concurring, that a one-day summit is requested to be held to heal and create positive change for SHPD, including making recommendations for legislation to ensure SHPD complies with its mission; and


     BE IT FURTHER RESOLVED that representatives from the following agencies and groups, and individuals are requested to participate in the one-day summit:


(1)  The Office of Hawaiian Affairs;


(2)  The Administrator of SHPD;


(3)  Liveable Hawaii Kai Hui;


     (4)  Hale Mua;
(5)  The Island Burial Councils;


(6)  Friends of SHPD;


(7)  Historic Hawaii Foundation;


(8)  Kahu O Kahiko;


(9)  Society for Hawaiian Archaeology;


(10)  Native Hawaiian Legal Corporation;


(11)  Kaleo Paik;


(12)  Lauren Morawski; and


(13)  Chris Monahan;




     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, the Administrator of the State Historic Preservation Division of the Department of Land and Natural Resources, the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, the Chairperson of each Island Burial Council, the Executive Director of Historic Hawaii Foundation, Liveable Hawaii Kai Hui, Hale Mua, Friends of SHPD, Kahu O Kahiko, Society of Hawaiian Archaeology, and Native Hawaiian Legal Corporation.



Report Title: 

DLNR; Historic Preservation Division; One-day Summit