HOUSE OF REPRESENTATIVES

H.C.R. NO.

178

TWENTY-FIRST LEGISLATURE, 2002

  

STATE OF HAWAII

  
   

HOUSE CONCURRENT

RESOLUTION

 

REQUESTING THE AUDITOR TO CONDUCT A PROGRAM AND FINANCIAL AUDIT OF THE DEPARTMENT OF LAND AND NATURAL RESOURCES' HISTORIC PRESERVATION DIVISION.

 

 

WHEREAS, the value of conserving and developing historic and cultural properties for the public good is recognized by the Hawaii State Constitution; and the Legislature has declared that these properties are among the State's important assets which are continually under threat by rapid social and economic development; and

WHEREAS, the Legislature established a comprehensive historic preservation program within the Department of Land and Natural Resources to promote the use and conservation of historic and cultural properties in Hawaii and set out the statutory responsibilities of this program in chapter 6E, Hawaii Revised Statutes; and

WHEREAS, the National Historic Preservation Act of 1966 [16 U.S.C. 470], establishes State Historic Preservation Offices in all fifty states to administer historic preservation programs which are responsible, in part, for maintaining a historic property inventory, nominating eligible properties to the National Register, preparing statewide historic preservation plans, administering federal assistance to preservation projects; and reviewing the effects of all federal undertakings on historic properties in Hawaii; and

WHEREAS, these state and federally mandated responsibilities are currently assigned to the Historic Preservation Division, Department of Land and Natural Resources, which receives approximately thirty to forty per cent of its funding from federal sources and the remainder from legislative appropriations; and

WHEREAS, the Legislature is concerned that it has been informed of numerous and chronic complaints about the management and operations of the Historic Preservation Division, including lengthy delays in processing county, state, and federal project applications, permits, and compliance reports; difficulty in contacting staff for information or determinations; inconsistent and inequitable decision-making by the Division; an absence of effective long or short-term program planning; and a lack of accountability in securing and expending federal and state funds; and

WHEREAS, the Burial Sites Program, including five island Burial Councils, is also administered by the Historic Preservation Division, and applicants before these Councils and Council members have expressed similar frustrations with the Division's management and operations, including a lack of administrative support, frequent delays in Council deliberations and Division decisions, poor documentation of the process, and inconsistent applications of the Burial Program's administrative rules; and

WHEREAS, the Legislature directed the Department in 1976 to adopt administrative rules for the Historic Preservation program and these have yet to be adopted despite the use of multiple versions of draft rules for the past fifteen years and considerable public comment; and

WHEREAS, the Legislature directed the Department in 1998 to collect fees to defray the costs of regulating archaeological work in Hawaii and these fees have yet to be established or collected; and

WHEREAS, the Legislature has not seen any firm plan or administrative actions being taken to remedy, in a substantive manner, these long-standing concerns; and

WHEREAS, it is appropriate that the Legislature exercise its oversight responsibilities to ensure the proper treatment of Hawaii's historic and cultural resources for the enrichment of Hawaii's native people, resident communities, and visitors; and to see that consideration of these resources does not unduly hinder the use of private lands, economic development, capital improvement projects, or social programs; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that the Auditor is requested to conduct a program and financial audit of the Department of Land and Natural Resources' Historic Preservation Division; and

BE IT FURTHER RESOLVED that the Auditor is requested to seek information directly from consultants, government agency staff, native Hawaiians, landowners, businesses, and community members that depend most on the Division's mandated services; and

BE IT FURTHER RESOLVED that the Auditor is requested to consider how State Historic Preservation Offices in other states address conflicts between economic and cultural interests; increasing regulatory workloads; budget constraints; program planning and staffing issues; and the need to meet National Historic Preservation Act program requirements; and

BE IT FURTHER RESOLVED that the Auditors review is requested to include, but not be limited to:

(1) The general operations of the Historic Preservation Program, including its project review procedures, compliance with chapter 92, Hawaii Revised Statutes, records management, and the electronic accessibility of information;

(2) The organizational structure of the program, including personnel practices, such as staffing coverage and workplace conditions;

(3) The development and implementation of comprehensive statewide plans to secure federal funding and additional grants from private and other government sources;

(4) Internal budgeting and fiscal controls to ensure effective and appropriate expenditure of legislative appropriations and matching federal funds; and

(5) The status, applicability, and clarity of the draft administrative rules for the Historic Preservation Division's program;

and

BE IT FURTHER RESOLVED that the Auditor is requested to submit the findings of this program and financial audit to the Legislature no later than twenty days prior to the convening of the Regular Session of 2003; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Chairperson of the Board of Land and Natural Resources, and the Auditor.

 

 
 

OFFERED BY:

_____________________________

Report Title:

DLNR Historic Preservation Div.; Audit