THE SENATE

S.B. NO.

2786

THIRTY-THIRD LEGISLATURE, 2026

 

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 historic preservation reviews play an important role in the protection and management of the State's historic properties and burial sites.  The legislature further finds that under the current process for historic preservation reviews, before the department of Hawaiian home lands can commence any proposed project on lands under its jurisdiction it must first consult with the department of land and natural resources regarding the effect of the project on historic properties or burial sites.

     The purpose of this Act is to:

     (1)  Permit the department of Hawaiian home lands to conduct its own review of the effect of any proposed project on lands under its jurisdiction on historic properties or burial sites; and

     (2)  Appropriate funds.

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

     "(f)  [The] Notwithstanding subsection (a), the department of Hawaiian home lands[, before commencing] may, subject to the requirements of this chapter and any administrative rule adopted thereunder, review the effect 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[.]; provided that in conducting its review the department of Hawaiian home lands shall:

     (1)  Either:

          (A)  Designate the review to a Hawaiian home lands historic preservation specialist who has professional competence and experience in the field of historic preservation; has institutional knowledge of the department of Hawaiian home lands or the state historical preservation division, or both; and who has received a written delegation of authority to review the effect of department of Hawaiian home lands projects on historic property or a burial site from the state historic preservation officer, for the purposes of carrying out section 6E-43 or 6E-43.6, as appropriate; or

          (B)  Hire or contract a fee for service consultant who has 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 officer's comments, recommendations, and decisions, are provided to the department to be incorporated into the historic preservation digital document management system and library;

     (3)  Notify the department that the department of Hawaiian home lands will be reviewing the effect of the project when initiating review and provide the department with a copy of the written concurrence or nonconcurrence at the end of the review; and

     (4)  Consult with the appropriate island burial council on any projects impacting a previously identified burial site or if a burial site is inadvertently discovered pursuant to section 6E—43 or 6E-43.6, or both, as appropriate.

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.  There is appropriated out of the general revenues of the State of Hawaii the sum of $400,000 or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of the following positions:

     (1)  One full-time equivalent (1.0 FTE) historic preservation specialist;

     (2)  One full-time equivalent (1.0 FTE) archaeologist who meets the state professional qualifications for an archaeologist pursuant to section 13-281-3, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic Preservation Act of 1966, P. L. 89-665;

     (3)  One full-time equivalent (1.0 FTE) architectural historian who meets the state professional qualifications for an architectural historian pursuant to section 13-281-5, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic Preservation Act of 1966, P. L. 89-665; and

     (4)  One full-time equivalent (1.0 FTE) cultural historian who meets the state professional qualifications for an architectural historian pursuant to section 13-281-7, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic Preservation Act of 1966, P. L. 89-665.

     The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.

     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 2, 2026; provided that the amendments made to section 6E-8, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2030, pursuant to section 7 of Act 306, Session Laws of Hawaii 2025.

 

INTRODUCED BY:

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Report Title:

Department of Hawaiian Home Lands; Historic Preservation Review; Appropriation

 

Description:

Permits the Department of Hawaiian Home Lands to conduct a review of the effect of a proposed project on lands under its jurisdiction on historical properties and burial sites, subject to certain requirements.  Appropriates funds.

 

 

 

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