THE SENATE	S.B. NO.	3126
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 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(f), Hawaii Revised Statutes, requires the department of Hawaiian home lands, before commencing 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 review 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 (f) to read as follows:

"(f) [The] Notwithstanding subsection (a), the department of Hawaiian home lands[, before commencing] may 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[.], subject to this chapter and 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 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 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act, upon its approval, shall take effect on July 2, 2026.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Historic Preservation; DHHL; Project Reviews

Description:

Allows 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.

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