THE SENATE	S.B. NO.	2587
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO BURIAL SITES.

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

SECTION 1. The legislature finds that the lack of an objective certification, selection, or evaluation process for historic preservation professionals allows developers to purchase services that produce plans and reports mandated in the historic preservation review process, which accommodate their development interests.

Therefore, the purpose of this Act is to:

(1) Require the state historic preservation division to compile a list of archaeological professionals approved by the department of land and natural resources to ensure the quality and integrity of archaeological services contracted by developers; and

(2) Specify information to be included in an archaeological inventory survey.

SECTION 2. Section 6E-8, Hawaii Revised Statutes, is amended to read as follows:

"§6E-8 Review of effect of proposed state projects. (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 if it has already begun, continued,] until the department has given its written concurrence. If:

(1) The proposed project consists of corridors or large land areas;

(2) Access to properties is restricted; or

(3) Circumstances dictate that construction be done in stages,

the department may give its written concurrence based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase.

The department shall 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 take action as the governor deems best in overruling or sustaining the department.

(b) The department shall inform the public of any project proposals submitted to it under this section that are not otherwise subject to the requirement of a public hearing or other public notification.

(c) The department shall not commence with a review and comment unless the agency or officer of the State or its political subdivisions undertaking the project provides the department with project area information and comprehensive identification of historic properties, aviation artifacts or burial sites in an archaeological inventory survey.

(d) The department shall not exempt projects on lands previously or currently built from an archaeological inventory survey.

(e) The department shall compile a list of approved archaeological professionals to ensure the quality and integrity of any archaeological services contracted by developers; provided that:

(1) The department shall consider any qualified archaeologist that submits a letter of interest and set of qualifications to the state historic preservation officer; and

(2) Each island burial council shall review applicants on an annual basis and may approve or reject an applicant's inclusion on the list of archaeological professionals approved by the department based on the quality of the applicant's previous work.

(f) The information provided in an archaeological inventory survey involving the identification of historic properties, aviation artifacts, or a burial site shall consider characteristics that indicate the presence of burial sites or possible burial sites, pursuant to the definition of "previously identified" under section 13-300-2, Hawaii Administrative Rules.

(g) Only archaeologists included on the list of archaeological professionals approved by the department established in subsection (e) shall conduct professional archaeological services or administrative archaeological reviews rendered in the historic preservation process.

[(b)] (h) The department of Hawaiian home lands, prior to 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.

[(c)] (i) The State, its political subdivisions, agencies, and officers shall report to the department the finding of any historic property during any project and shall cooperate with the department in the investigation, recording, preservation, and salvage of the property.

[(d)] (j) The department shall adopt rules in accordance with chapter 91 to implement this section."

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

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

DLNR; SHPD; Burial Sites; Archaeological Inventory Surveys; Contractors; Developers

Description:

Requires the State Historic Preservation Division of the Department of Land and Natural Resources to compile a list of approved archaeologists to ensure the quality and integrity of archaeological services contracted by developers. Specifies information to be included in an archaeological inventory survey.

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