HB1857

SECTION 1. Section 6E-5.5, Hawaii Revised Statutes, is amended to read as follows:

"§6E-5.5 The Hawaii historic places review board; creation; powers; appointments; composition. (a) There is created a review board, to be designated the Hawaii historic places review board, for the Hawaii register of historic places and the national register of historic places [~~which~~] that shall meet the requirements of federal law. The board shall be placed within the department of land and natural resources for administrative purposes and shall consist of ten members to be appointed and removed by the governor as provided in section 26‑34. The board shall include one professionally qualified member of each of the following disciplines: archaeology, architecture, history, and sociology. In addition, there shall be one person knowledgeable in traditional Hawaiian society and culture.

(b) The review board shall:

(1) Order and enter historic properties into the Hawaii register of historic places on the basis of their value to Hawaii's heritage;

(2) Evaluate and, when appropriate, recommend the nomination of historic properties to the national register of historic places;

(3) Hear and act upon a petition by any agency of the State or its political subdivisions or by any other person to remove historic properties from the Hawaii register of historic places;

[~~(3)~~] (4) Review the state survey of historic properties undertaken in accordance with this chapter;

[~~(4)~~] (5) Review the content of the state historic preservation plan developed in accordance with this chapter;

[~~(5)~~] (6) Elect a chairperson and a vice-chairperson [~~and adopt such rules as are necessary for the purposes of this section~~]; and

[~~(6)~~] (7) Maintain the Hawaii register of historic places, including all those listed on the national register of historic places, and a program of notification and publication regarding properties on the registers.

(c) The members of the review board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(d) The department's determinations made pursuant to section 6E-8 may be appealed to the review board.

(e) The review board shall adopt rules pursuant to chapter 91 to carry out the purposes of this section."

SECTION 2. Section 6E-7, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The State shall not transfer [~~any~~]:

(1) Any historic property or aviation artifact under its jurisdiction without the concurrence of the department[~~, and shall not transfer any~~];

(2) Any historic property on the Hawaii register of historic places under its jurisdiction unless the historic property is removed from the register; and

(3) Any burial site under its jurisdiction without consulting the appropriate island burial council."

SECTION 3. Section 6E-8, Hawaii Revised Statutes, is amended to read as follows:

"§6E-8 Review of effect of proposed state projects. (a) Before any agency or officer of the State or its political subdivisions commences any project [~~which~~] that may affect historic property, aviation artifact, or a burial site, the agency or officer shall advise the department and allow the department an opportunity for review of the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43[~~, especially those listed on the Hawaii register of historic places~~]. The proposed project shall not be commenced, or in the event it has already begun, continued, until the department shall have given its written concurrence.

The department is to provide written concurrence or non-concurrence within ninety days after the filing of a request with the department. The agency or officer seeking to proceed with the project, or any person, may appeal the department's concurrence or non-concurrence to the Hawaii historic places review board. An agency, officer, or other person who is dissatisfied with the decision of the review board may apply to the governor who may request the Hawaii advisory council on historic preservation to report or who may take action as the governor deems best in overruling or sustaining the department.

(b) Before any agency or officer of the State or its political subdivisions commences any project that may affect any historic property on the Hawaii register of historic places, the agency or officer shall petition the Hawaii historic places review board to remove the historic property from the Hawaii register of historic places. The proposed project shall not be commenced or, in the event it has already begun, continued, until the Hawaii historic places review board has removed the historic property from the Hawaii register of historic places.

[~~(b)~~] (c) The department of Hawaiian home lands, prior to 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.

[~~(c)~~] (d) The State, its political subdivisions, agencies, and officers shall report to the department the finding of any historic property during any project and shall cooperate with the department in the investigation, recording, preservation, and salvage of the property."

SECTION 4. Section 6E-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Before any construction, alteration, disposition, or improvement of any nature, by, for, or permitted by a private landowner may be commenced [~~which~~] that will affect an historic property on the Hawaii register of historic places[~~, the~~]:

(1) The landowner shall [notify the department of the construction, alteration, disposition, or improvement of any nature and allow the department opportunity for review of the effect of the proposed construction, alteration, disposition, or improvement of any nature on the historic property.] petition the Hawaii historic places review board for the removal of the historic property from the Hawaii register of historic places. The proposed construction, alteration, disposition, or improvement of any nature shall not be commenced[,] or, in the event it has already begun, [~~continue, until the department shall have given its concurrence or ninety days have elapsed.~~] continued, until the Hawaii historic places review board has removed the historic property from the Hawaii register of historic places or the passage of ninety days from the time of the filing of the petition, whichever first occurs. Within the ninety days after [~~notification,~~] the filing of the petition to remove the historic property from the Hawaii register of historic places, the department [~~shall:~~

~~(1)~~ ~~Commence~~] may commence condemnation proceedings for the purchase of the historic property if the department and property owner do not agree upon an appropriate course of action;

[~~(2)~~ ~~Permit the owner to proceed with the owner's construction, alteration, or improvement;~~] or

[~~(3)~~ In] (2) As an alternative to the removal of the private property from the Hawaii register of historic places, the department of land and natural resources may permit the construction, alternation, or improvement of the private property and in coordination with the owner, undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Hawaiian history, by any qualified agency for this purpose."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2009.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1857
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII