STAND. COM. REP. NO. 2123

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2118
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Water, Land, and Hawaiian Affairs, to
which was referred S.B. No. 2118 entitled: 

     "A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"

begs leave to report as follows:

     The purpose of this measure is to provide for the more
efficient protection of culturally-significant Hawaiian burial
sites and heiau in the State.

     Testimony in support of the measure was received from the
Office of Hawaiian Affairs, Life of the Land, and Ka Lahui
Hawaii.  The International Archaeological Research Institute,
Inc., testified in support of the intent of the measure but asked
that it be amended.

     The Land Use Research Foundation, and a private citizen
opposed the passage of the measure.  The Department of Land and
Natural Resources and a member of Hui Malama I Na Kupuna O
Hawai`i Nei, testified that the measure should be deferred due to
the possibility that S.B. No. 568, S.D. 2, H.D. 2, would be
released from the House of Representatives this year.  The
University of Hawaii's Environmental Center provided comments on
the measure.

     Your Committee finds that the measure:

     (1)  Allows the Department of Land and Natural Resources to
          utilize burial specialists, rather than archaeologists

 
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          for the assessment and oversight of burial site
          mitigation plans;

     (2)  Provides for the protection of heiau on private lands
          by establishing a property forfeiture penalty for the
          wilful, unauthorized destruction or alteration of
          heiau; and

     (3)  Establishes a burial site program within the Department
          of Land and Natural Resources to assist island burial
          councils with their mandated responsibilities.

     Your Committee has amended the measure by:

     (1)  Deleting the definition of, and all references to,
          "burial specialist";

     (2)  Establishing a definition of "heiau";

     (3)  Increasing the fine for wilful, unauthorized
          destruction or alteration of a historic burial site or
          heiau from $10,000 to $25,000;

     (4)  Establishing that if a property owner fails to take
          corrective action or report to the Department of Land
          and Natural Resources that a historic burial site or
          heiau has been wilfully damaged or destroyed, after the
          property owner has been made aware of the unlawful act,
          then the property owner shall be subject to the
          penalties provided in chapter 6E, Hawaii Revised
          Statutes.

     Your Committee believes that the amended measure more
appropriately addresses the concerns of the Hawaiian community,
historic preservationists, and property owners by providing
reasonable guidelines and penalties for the desecration of
culturally-significant Hawaiian sites.

     As affirmed by the record of votes of the members of your
Committee on Water, Land, and Hawaiian Affairs that is attached
to this report, your Committee is in accord with the intent and
purpose of S.B. No. 2118, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B.
No. 2118, S.D. 1, and be referred to the Committee on Ways and
Means.


 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Water, Land, and
                                   Hawaiian Affairs,



                                   ______________________________
                                   COLLEEN HANABUSA, Chair

 
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