HOUSE OF REPRESENTATIVES

H.B. NO.

2029

THIRTY-SECOND LEGISLATURE, 2024

H.D. 1

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), Hawaii Revised Statutes, 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 allow 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 administrative rule adopted thereunder; provided that the department of Hawaiian home lands shall:

     (1)  Designate the review to a Hawaiian home lands preservation officer having professional competence and experience in the field of historic preservation;

     (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; and

     (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 on which the department of Hawaiian home lands will assume responsibility for project review under this section at least forty-five days before the date on which the department of Hawaiian home lands will assume responsibility; provided that the date shall also be made publicly available through posting on the department of Hawaiian home lands' website.

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."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 5.  This Act shall take effect on July 1, 3000.


 


 

Report Title:

DHHL; Historic Preservation; Project Reviews of Proposed State Projects

 

Description:

Allows the Department of Hawaiian Home Lands to assume historic preservation review 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.  Establishes certain written notice requirements for the Department of Hawaiian Home Lands.  Effective 7/1/3000.  (HD1)

 

 

 

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