THE SENATE

S.B. NO.

1354

THIRTY-SECOND LEGISLATURE, 2023

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HISTORIC PRESERVATION REVIEWS.

 

 

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

 


     Section 1.  The legislature finds that section 6E-8, Hawaii Revised Statutes, plays an important role in the protection and management of the State's historic properties and burial sites.  Section 6E-8(b) requires the department of Hawaiian home lands, prior to any proposed project relating to lands under its jurisdiction, to consult with the department of land and natural resources regarding the effect of the project upon historic property or a burial site.

     The purpose of this Act is to authorize the department of Hawaiian home lands to assume review of the effect of any proposed project on historic properties or burial sites for lands under its jurisdiction.

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

     "(b)  [The] Notwithstanding subsection (a), the department of Hawaiian home lands[, prior to] may assume review of any proposed project relating to lands under its jurisdiction[, shall consult with the department regarding the effect of the project upon historic property or a burial site.] pursuant to this section and pursuant to any rule adopted pursuant to chapter 91 and this section; provided that the department of Hawaiian home lands shall:

     (1)  Designate the review to a Hawaiian home lands preservation officer who has professional competence and experience in the field of historic preservation and has adequate resources to perform the historic review;

     (2)  Ensure that copies of all reports, maps, and documents, including those reflecting the Hawaiian home lands preservation official's comments, recommendations, and decisions, are provided to the department to be incorporated into the historic preservation digital document management system and library;

     (3)  Provide the department with written notice of the following:

          (A)  That it has employed a qualified preservation officer;

          (B)  A description of the procedures that will be employed to ensure that all of the documentation described in paragraph (2) will be provided to the department; and

          (C)  The date upon which the department of Hawaiian home lands will assume responsibility for project review under this section at least forty-five days prior to the date when the department of Hawaiian home lands shall assume those duties; provided that this information shall also be posted on the department of Hawaiian home lands' website; and

     (4)  Consult with the office of Hawaiian affairs when reviewing historic properties that are important to Native Hawaiians;

provided that the department shall retain authority for review under this section for projects affecting properties listed or nominated for inclusion in the Hawaii register of historic places or the national register of historic places or located in a designated historic district."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.



 

Report Title:

Historic Preservation; DHHL; Project Reviews of Proposed State Projects

 

Description:

Authorizes the Department of Hawaiian Home Lands to assume historic preservation review of the effect of any proposed project for lands under its jurisdiction except for projects affecting properties listed or nominated for inclusion in the Hawaii register of historic places or the national register of historic places or located in a designated historic district.  Effective 7/1/2050.  (SD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.