STAND. COM. REP. NO.  441

Honolulu, Hawaii

                , 2013

RE:   H.B. No. 194

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Water & Land, to which was referred H.B. No. 194 entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"

begs leave to report as follows:

The purpose of this measure is to strengthen the State Historic Preservation Division of the Department of Land and Natural Resources by specifying professional qualifications for the State Historic Preservation Officer, in accordance with federal law, and converting certain positions within the Division to civil service status.

The Office of Hawaiian Affairs submitted testimony in support of this measure.  The Society for Hawaiian Archaeology submitted testimony in support of the measure with amendments.  Historic Hawaii Foundation submitted testimony in support of the intent of this measure.  The Department of Land and Natural Resources submitted testimony in opposition to this measure.  The Department of Human Resources Development submitted comments.

     Your Committee has amended this measure by:

     (1)  Specifying that the activities and functions of the State Historic Preservation Division are conducted in context of the National Historic Preservation Act and that the Division has a duty to fulfill the requirements of that Act and other federal law;

     (2)  Deleting the requirement that the appointment of the State Historic Preservation Officer be subject to the advice and consent of the Senate;

     (3)  Including Hawaiian studies as one of the acceptable areas of specialization in the professional qualifications of the State Historic Preservation Officer; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     Your Committee notes that the State Historic Preservation Division and the federal government are currently pursuing discussions regarding the State's historic preservation activities.  Your Committee respectfully requests that further consideration of this measure take into account the on-going communication between the Division and federal agencies in order to fully address all of the important issues involved.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 194, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 194, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

CINDY EVANS, Chair