;HOUSE OF REPRESENTATIVES

H.B. NO.

398

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HISTORIC PRESERVATION.

 

 

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

 


     SECTION 1.  Sections 6E-8 and 6E-42, Hawaii Revised Statutes, do not require the department of land and natural resources' state historic preservation division to review and comment on all projects proposed or approved by state or county agencies.  Instead, sections 6E-8 and 6E-42 allow the state and county agencies to make the first determination whether a proposed project may impact historic properties or burial sites.  If the agencies determine that the proposed project will not impact these sites, the state historic preservation division does not receive the opportunity to review or comment on the project.

     The legislature finds that this loophole in the law exposes historic properties and burial sites to unnecessary harm.  The state historic preservation division, with its archaeological expertise and its historic preservation mandate, is the state agency best suited to make the first determination as to a proposed project's impact on historic properties and burial sites.

     The purpose of this Act is to provide the state historic preservation division with the authority to determine which projects will affect historic properties, aviation artifacts, and burial sites.

     SECTION 2.  Section 6E-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Before any agency or officer of the State or its political subdivisions commences any project [which may affect historic property, aviation artifact, or a burial site], the agency or officer shall advise the department and allow the department an opportunity for review of the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, especially those listed on the Hawaii register of historic places.  The proposed project shall not be commenced, or in the event it has already begun, continued, until the department shall have given its written concurrence.

     The department is to provide written concurrence or non-concurrence within ninety days after the filing of a request with the department.  The agency or officer seeking to proceed with the project, or any person, may appeal the department's concurrence or non-concurrence to the Hawaii historic places review board.  An agency, officer, or other person who is dissatisfied with the decision of the review board may apply to the governor, who may request the Hawaii advisory council on historic preservation to report or who may take action as the governor deems best in overruling or sustaining the department."

     SECTION 3.  Section 6E-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use, [which may affect historic property, aviation artifacts, or a burial site,] the agency or office shall advise the department and prior to any approval allow the department an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, including those listed in the Hawaii register of historic places."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.

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

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

Historic Preservation; Review of Proposed State Projects; DLNR

 

Description:

Authorizes DLNR to determine which projects will affect historic properties, aviation artifacts, and burial sites.

 

 

 

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