Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1554, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to protect native Hawaiian historic sites by clarifying private landowners' responsibilities for native Hawaiian historic sites on their property.

Testimony in support of this measure was received from the Board of Land and Natural Resources, Office of Hawaiian Affairs, Hawaii County Planning Department, Hawaii Reserves, Inc., and Hawaii Leeward Planning Conference. Testimony in opposition was received from the Land Use Research Foundation of Hawaii.

This measure addresses the concerns expressed by native Hawaiians that over the past several years, landowners have received county permits without having to go through a historic preservation review, resulting in native Hawaiian historic sites being destroyed.

This measure requires landowners to notify and obtain approval from the Department of Land and Natural Resources (DLNR) before destroying or adversely affecting historic sites that are located on private property and were constructed by native Hawaiians before 1850. If DLNR determines that the historic sites are not significant, the landowner may proceed with land altering actions or pursue the appropriate permit or approvals for those actions. The measure also requires landowners to agree, through a record of covenant, not to apply for any permits and land use approvals for ten years if they choose to destroy a significant historic site on their property. No state or county agency would be able to issue a permit or approval that contradicts a record of covenant. DLNR is also allowed to commence condemnation within sixty days of being notified that a significant historic site may be destroyed, and to use contingency funds to condemn private land for this purpose.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1554, S.D. 1, and recommends that it pass Third Reading.