Honolulu, Hawaii

, 2021


RE: H.B. No. 865

H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii




Your Committee on Water & Land, to which was referred H.B. No. 865 entitled:




begs leave to report as follows:


The purpose of this measure is to require the Auditor to conduct a comprehensive performance and management audit of the State Historic Preservation Division of the Department of Land and Natural Resources and submit a report to the Legislature prior to the convening of the Regular Session of 2022.


Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs, Department of Planning of the County of Kauai, Historic Hawaii Foundation, and Building Industry Association of Hawaii. Your Committee received comments on this measure from the Department of Land and Natural Resources.


Your Committee finds that the State Historic Preservation Division is responsible for administering a comprehensive historic preservation program, the scope of which includes development of a statewide inventory of historic properties, aviation artifacts, and burial sites; preparation, review, and revisions of state historic preservation plans; technical and financial assistance to the counties and public and private agencies involved in historic preservation activities; and regulation of archaeological activities throughout the State. The breadth of the State Historic Preservation Division's stewardship responsibilities is immense. Your Committee further finds that an audit will promote a better understanding of how the State Historic Preservation Division is fulfilling its role and whether its resources are adequate.


Your Committee has amended this measure by:


(1) Clarifying that one of the issues to be evaluated by the Auditor is whether the review and response to submittals is completed within the timeframes established by rule;


(2) Clarifying that current project review practices, rather than management practices, are to be audited;


(3) Removing the reference to policies from the component relating to standardization of monitoring protocols; and


(4) Changing the effective date to January 1, 2050, to encourage further discussion.


As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 865, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 865, H.D. 1, and be referred to your Committee on Finance.



Respectfully submitted on behalf of the members of the Committee on Water & Land,