Report Title:

Historic Property; Inadvertent Discovery; Private Land

Description:

Requires private landowners to report any inadvertent discovery of historic property on private land to the department of land and natural resources for identification and recordation.  Requires the department to provide appropriate treatment options for the care and preservation of the historic property.  (SD1)

THE SENATE	S.B. NO.	2556
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HISTORIC PRESERVATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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

"§6E‑   Inadvertent discovery of historic property; privately owned land. (a)  If historic property, other than a burial site, is inadvertently discovered on privately owned land not on the Hawaii register of historic places, the private landowner shall cease any activity in the immediate area that could damage the potential historic site or property until the requirements of subsection (b) have been met.

(b)  The landowner shall report the inadvertent discovery to the department and shall not resume any activity in the immediate area until authorized to do so by the department.  The department, in coordination with the landowner, shall undertake the investigation, recordation, preservation, and salvage of any historical information deemed necessary to preserve and identify the historic property.  The department shall suggest options to the landowner for appropriate treatment of the inadvertent discovery, including but not limited to preservation or removal of the historic property or the development of a mitigation plan.

(c)  The department may enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof.  Whenever any member of the department duly authorized to conduct investigations and surveys of a historic or cultural nature determines that entry onto private lands for examination or survey of a historic or cultural finding is necessary, the department shall give written notice of the finding to the owner or occupant of the property at least five days prior to entry."

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

     ""Inadvertent discovery of historic property" means the unanticipated finding of historic property, other than a burial site, resulting from unintentional disturbance, erosion, or other ground disturbing activity."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.