HCR260 HD1

WHEREAS, Article IX, sections 7 and 9 of the Hawaii State Constitution and chapter 6E, Hawaii Revised Statutes (HRS), demonstrate the importance of cultural and historic properties to the State; and

WHEREAS, chapter 6E, HRS, authorizes the creation of a comprehensive historic preservation program within the Department of Land and Natural Resources (DLNR) to promote the conservation and use of historic and cultural properties in Hawaii; and

WHEREAS, the Historic Preservation Division (Division) of DLNR is comprised of three branches, the History and Culture, Archaeology, and Architecture branches, which work to preserve and sustain reminders of earlier times that link the past to the present and implement the Natural Historic Preservation Act of 1966, as amended, and the state historic preservation law, pursuant to chapter 6E, HRS; and

WHEREAS, the Division is responsible for, among other things:

(1) Maintaining an inventory of 38,000 historic properties;

(2) Preserving sites that are on the State Register of Historic Places;

(3) Managing burial sites that are over 50 years old, of which 98 percent relate to Hawaiian skeletal remains;

(4) Preserving and protecting of historic sites on public lands designated as historic preserves and perpetuating cultural traditions associated with the sites;

(5) Informing and educating members of the public on historic preservation programs and processes; and

(6) Offering archaeological services to help other governmental agencies fulfill their historic preservation responsibilities;

and

WHEREAS, the Division is also required to review numerous development project plans for compliance with the historic preservation laws relating to historic artifacts and burial sites; and

WHEREAS, concerns have been raised that historic artifacts and boxes of iwi, or burial remains, from burial sites that are required to be reinterred or otherwise properly preserved, have been left in various locations not providing for the proper preservation of such items, such as shipping containers on development lots, bathroom closets, under parking lots, and in boxes stored in state or other facilities; and

WHEREAS, since October 2004, 18 staff members have left the Division, including five staff members hired since then, and currently eight of the 24 Division positions remain unfilled despite ads seeking to fill the positions and placement of an employment specialist at the Human Resources office; and

WHEREAS, the Division has immense responsibility without the necessary resources; and

WHEREAS, the Auditor conducts management audits to examine the effectiveness of programs, the efficiency of agencies, or both, and operation audits to examine how well agencies are organized and managed and how efficiently they acquire and use resources; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the Auditor is requested to perform a management audit of the Historic Preservation Division of the Department of Land and Natural Resources; and

BE IT FURTHER RESOLVED that the Auditor is requested to submit its findings and recommendations, including any proposed legislation, to the Legislature not later than 20 days prior to the convening of the Regular Session of 2008; and

BE IT FURTHER RESOLVED that the Auditor is requested to include in its findings:

(1) The reasons for the failure of the Division to properly document, reinter, and preserve historic artifacts and boxes of iwi;

(2) The organizational structure of the Division, including hiring practices, staffing coverage, and facilities; and

(3) Internal budgeting and fiscal controls to ensure effective and appropriate expenditure of appropriated funds;

and

BE IT FURTHER RESOLVED that the Auditor is requested to gather and consider information provided by historic preservation consultants, government agency staff, island burial councils, native Hawaiians, landowners, businesses, and community members that are most directly impacted by and depend on the Division's mandated services; and

BE IT FURTHER RESOLVED that the Auditor is requested to interview former Division staff and candidates for positions in the Division to evaluate the recruitment, hiring, and employment practices of the Division and any other Division management issues; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor, the Administrator of the Historic Preservation Division of DLNR, and the Chairperson of the Board of Land and Natural Resources.

Report Title:

Requesting management audit of Division of Conservation and Resources Enforcements

HOUSE OF REPRESENTATIVES	H.C.R. NO.	260
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII