HB2535

SECTION 1. Chapter 6E, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§6E-A Heiau; consultation; caretaker. (a) The department shall consult with the office of Hawaiian affairs on all matters relating to heiau.

(b) If, after public hearings and consultation with appropriate Hawaiian organizations, the office of Hawaiian affairs deems it necessary to preserve Hawaiian history, the office of Hawaiian affairs may designate an individual or organization as caretaker to be responsible for the care and preservation of the heiau.

§6E-B Inadvertent discovery of heiau. (a) All heiau are significant and shall be preserved in place.

(b) If a possible heiau is inadvertently discovered, any activity in the immediate area that could damage the potential heiau shall cease until the requirements of subsection (c) and (d) are met.

(c) The discovery shall be reported as soon as possible to the department. As soon as practicable, the department shall notify the office of Hawaiian affairs.

(d) After notification of the discovery of a potential heiau, within two working days, if on Oahu, and three working days, if on any other island, the department, in consultation with the office of Hawaiian affairs, shall gather sufficient information, including oral tradition, to document the nature of the heiau and determine appropriate care and preservation of the heiau.

(e) If the designation of a caretaker for the heiau is deemed warranted by the office of Hawaiian affairs, the office of Hawaiian affairs, in consultation with appropriate organizations, shall conduct public hearings on the island where the heiau is located and receive information from the community prior to naming a qualified caretaker.

(f) For any inadvertently discovered heiau for which a caretaker has been designated, a mitigation plan shall be developed by the office of Hawaiian affairs, in consultation with the designated caretaker, and with the concurrence of the department for the care and preservation of the heiau.

(g) The mitigation plan shall be carried out in accordance with the following:

(1) In discoveries related to development where land alteration project activities exist, the landowner, permittee, or developer shall be responsible for the execution of the mitigation plan. Justifiable delays resulting from the discovery of the heiau shall not count against any contractor's completion date agreement;

(2) Project activities shall resume once necessary archaeological excavations and any other conditions required by the mitigation plan have been completed;

(3) In nonproject contexts, the department, in consultation with the office of Hawaiian affairs and the designated caretaker, shall be responsible for the execution of the mitigation plans; and

(4) The department, in consultation with the office of Hawaiian affairs and any designated caretaker, shall verify the successful execution of the mitigation plan."

SECTION 2. 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 will affect an historic property on the Hawaii register of historic places, 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. 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. Within ninety days after notification, the department shall:

(1) 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 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[.]; provided that if the historic property is a heiau, the office of Hawaiian affairs may designate a qualified caretaker pursuant to section 6E-A."

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2535
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII