SB1585 SD1

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

"§6E- Native Hawaiian historic sites. (a) Before any removal, excavation, injury, or destruction by, for, or permitted by a private landowner may commence, which will affect a potential native Hawaiian historic site that is inadvertently discovered or the landowner has actual or constructive knowledge of the existence of the site, the landowner shall notify the department of the proposed action, and of the future use the landowner proposes for the potential native Hawaiian historic site.

(b) The department shall have not more than ninety days from receipt of the notice to review and comment upon the proposed action. The department may approve the proposed action, if the department finds that the site in question does not warrant preservation.

(c) If the department approves the proposed action, the landowner shall apply for any required land use approval if the proposed use of the property would require a permit, license, certificate, land use change, subdivision, or other entitlement for use issued by the State or any of its political subdivisions, and shall comply with the procedures established under section 6E-42.

(d) If the department does not approve the proposed action, the landowner shall record a covenant running with the land, with a copy sent to the department, which will prevent the landowner from applying for a permit, license, certificate, land use change, subdivision, or other entitlement for use issued by the State or any of its political subdivisions affecting the land containing the potential native Hawaiian historic site for ten years from the date of recordation.

(e) The department may also commence condemnation proceedings within ninety days of notification to purchase the site or to purchase an easement for the preservation of the site.

(f) If funds for the acquisition of property condemned under subsection (e) are not available to the department, the governor, upon the recommendation of the department, may allocate from the governor's contingency fund an amount sufficient to acquire an option on the property or for the immediate acquisition of the property.

(g) No state or county agency shall issue a land use permit or other approval in contradiction of a covenant recorded under subsection (d).

(h) Any person who knowingly violates this section shall be subject to the penalties set forth in section 6E-11(f), and shall be prohibited from applying for a permit, license, certificate, land use change, subdivision, or other entitlement for use issued by the State or any of its political subdivisions affecting the land containing the potential native Hawaiian historic site for ten years from the date of violation. For the purposes of this section, a landowner shall be deemed to have constructive knowledge of sites listed in the state inventory of historic places."

SECTION 2. Section 6E-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Potential native Hawaiian historic site" means a wall, platform, stone pavement, enclosure, terrace, petroglyph, heiau, mound, ahu, auwai, trail, shrine, or any other feature of human origin that appears to be consistent with the design and materials of features built by native Hawaiians, and appears to be, without any credible evidence to indicate otherwise, over fifty years old."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

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

THE SENATE	S.B. NO.	1585
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII