HOUSE OF REPRESENTATIVES	H.B. NO.	2135
THIRTY-FIRST LEGISLATURE, 2022		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HISTORIC PRESERVATION REVIEWS.

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

Section 1. The legislature finds that section 6E-8, Hawaii Revised Statutes, plays an important role in the protection and management of the State's historic properties and burial sites. Section 6E-8(b) requires the department of Hawaiian home lands, prior to any proposed project relating to lands under its jurisdiction, to consult with the department of land and natural resources regarding the effect of the project upon historic property or a burial site. The purpose of this Act is to allow the department of Hawaiian home lands to directly assume review of proposed projects relating to lands under its jurisdiction, rather than consulting the department of land and natural resources for the effect of those projects upon historic properties or burial sites.

Section 2. Section 6E-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) [The] Notwithstanding subsection (a) to the contrary, the department of Hawaiian home lands[, prior to] may assume review of 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.] pursuant to this section and pursuant to any administrative rules adopted thereunder; provided that the department of Hawaiian home lands has:

(1) Designated a Hawaiian home lands preservation officer who has professional competence and experience in the field of historic preservation;

(2) Ensured that copies of all reports, maps, and documents, including those reflecting the Hawaiian home lands preservation officer's comments, recommendations, and decisions, are provided to the department to be incorporated into the historic preservation digital document management system and library;

(3) Provided the department with:

(A) Written notice that the department of Hawaiian home lands has employed a qualified preservation officer; and

(B) A description of the procedures that the department of Hawaiian home lands will employ to ensure that all of the documentation identified in paragraph (2) will be provided to the department; and

(4) Provided the department with written notice of the date on which the department of Hawaiian home lands will assume responsibility for project review under this section and posted this information on the department of Hawaiian home lands' website; provided further that the written notice shall be provided at least forty-five days before the date on which the department of Hawaiian home lands assumes such responsibility.

The department shall retain authority for review under this section for projects affecting properties listed or nominated for inclusion in the Hawaii register of historic places or the national register of historic places or located in a designated historic district."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050; provided that this Act shall be repealed on June 30, 2027.

Report Title:

Historic Preservation; DHHL; DLNR; Reviews of Proposed State Projects

Description:

Allows DHHL to assume historic preservation review of the effect of any proposed state project for lands under its jurisdiction under certain conditions and subject to certain exceptions for state projects affecting properties listed or nominated for inclusion in the Hawaii register of historic places or the national register of historic places or located in a designated historic district. Effective 7/1/2050. Repealed on 6/30/2027. (HD2)

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