HB1087 HD1

PART I

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), Hawaii Revised Statutes, 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 part is to allow the department of Hawaiian home lands to review the effect of any proposed project on historic properties or burial sites for lands under its jurisdiction.

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

"(b) [~~The~~] Notwithstanding subsection (a), the department of Hawaiian home lands[~~, prior to~~] may review the effect 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[.], subject to this chapter and to any administrative rules adopted under this chapter; provided that the department of Hawaiian home lands shall:

(1) Designate the review to a Hawaiian home lands preservation officer who has professional competence and experience in the field of historic preservation and who has received a written delegation of authority to perform the review from the state historic preservation officer;

(2) Ensure 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) Notify the department that the department of Hawaiian home lands will be reviewing the effect when initiating review and provide the department with a copy of the written concurrence or nonconcurrence at the end of the review; and

(4) Consult with the appropriate island burial council on any projects impacting a burial site or if a burial site is advertently discovered pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.

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."

PART II

SECTION 3. The purpose of this part is to transfer the administrative placement of the island burial councils to the office of Hawaiian affairs.

SECTION 4. Section 6E-43.5, Hawaii Revised Statutes, is amended to read as follows:

"§6E-43.5 Island burial councils; creation; appointment; composition; duties. (a) There shall be established within the [~~department~~] office of Hawaiian affairs five island burial councils, one each for Hawai`i, Maui/Lāna`i, Moloka`i, O`ahu, and Kaua`i/Ni`ihau, to implement section 6E-43. Each council shall consist of nine members, except the Moloka`i council, which shall consist of five members. Each council shall consist of no more than three representatives of development and large landowner interests; provided that the Moloka`i council shall consist of no more than one representative of development and large landowner interests. The remaining council members shall represent the geographic regions identified in paragraphs (1) through (5). At all times, at least two of the regional representatives of each council shall have been appointed from a list of nominees submitted to the governor by the office of Hawaiian affairs, as provided under subsection (b). Each council shall include at least one representative for each geographic region identified as follows:

(1) The Hawai`i council shall include the following geographic regions: Kohala, Kona, Ka`ū, Puna, Hilo, and Hāmākua;

(2) The Maui/Lāna`i council shall include the following geographic regions: Honua`ula, Lahaina, Wailuku, Makawao, Hāna, and Lāna`i;

(3) The Moloka`i council shall include the following geographic regions: West Moloka`i, Central Moloka`i, East Moloka`i, and Kalawao;

(4) The O`ahu council shall include the following geographic regions: Wai`ānae, `Ewa, Kona, Ko`olaupoko, Ko`olauloa, and Waialua; and

(5) The Kaua`i/Ni`ihau council shall include the following geographic regions: Waimea/Na Pali, Kōloa, Līhu`e, Kawaihau, Hanalei, and Ni`ihau.

Regional representatives shall be selected from the Hawaiian community on the basis of the representatives' understanding of the culture, history, burial beliefs, customs, and practices of native Hawaiians in the region they each represent.

(b) Appointment of members to the councils shall be made by the governor, in accordance with section 26-34 and subsection (a), from [~~lists~~] a list for each council submitted by [~~the department and~~] the office of Hawaiian affairs. Lists to fill vacancies on the councils shall be submitted as follows:

(1) For vacancies attributable to the expiration of terms, the list shall be submitted on the first business day of December before the expiration of the terms, except as provided in subsection (c); and

(2) For a vacancy that occurs during a council representative's term, the list shall be submitted within thirty business days after the vacancy occurs, except as provided in subsection (c).

[(c) The department may submit any list to fill a vacancy up to fifteen days after the office of Hawaiian affairs submits its list for the same vacancy; provided that the failure of the department to submit any list by any relevant deadline or fifteen days after the office of Hawaiian affairs submits its list, whichever occurs later, shall be construed as a waiver of the department's right to submit a list.

~~(d)~~] (c) Notwithstanding section 26-34(b) or any other law to the contrary, any council member whose term has expired may continue in office as a holdover member until the member's reappointment to a second term is confirmed or a successor is nominated and appointed; provided that a holdover member shall not hold office beyond the end of the fourth regular session of the legislature following the expiration of the member's term of office.

[~~(e)~~] (d) The [~~department,~~] office of Hawaiian affairs, in consultation with the councils, [~~office of Hawaiian affairs,~~] representatives of development and large landowner interests, and appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawai`i Nei, shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section. The council members shall serve without compensation, but shall be reimbursed for necessary expenses incurred during the performance of their duties. The councils shall be a part of the [~~department~~] office of Hawaiian affairs for administrative purposes.

[~~(f)~~] (e) The councils shall hold meetings and acquire information as they deem necessary and shall communicate their findings and recommendations to the department[.] or office of Hawaiian affairs, as appropriate. Notwithstanding section 92-3, whenever the location and description of burial sites are under consideration, the councils may hold closed meetings. A majority of all members to which each council is entitled shall constitute a quorum to do business. Concurrence of a majority of the members present at a meeting shall be necessary to make any action of a council valid.

[~~(g) Department records~~] (f) Records held by the department or office of Hawaiian affairs relating to the location and description of historic sites, including burial sites, if deemed sensitive by a council or the Hawai`i historic places review board, shall be confidential.

[~~(h)~~] (g) The councils shall:

(1) Determine the preservation or relocation of previously identified native Hawaiian burial sites;

(2) Assist the department in the inventory and identification of native Hawaiian burial sites;

(3) Make recommendations regarding appropriate management, treatment, and protection of native Hawaiian burial sites, and on any other matters relating to native Hawaiian burial sites;

(4) Elect a chairperson for a four-year term who shall serve for no more than two consecutive terms; and

(5) Maintain a list of appropriate Hawaiian organizations, agencies, and offices to notify regarding the discovery of remains."

SECTION 5. All rights, powers, functions, and duties of the department of land and natural resources relating to the island burial councils established pursuant to section 6E-43.5, Hawaii Revised Statutes, are transferred to the office of Hawaiian affairs.

All employees who occupy civil service positions and whose functions are transferred to the office of Hawaiian affairs by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

Any employee who, prior to this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The administrator of the office of Hawaiian affairs may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of land and natural resources relating to the functions transferred to the office of Hawaiian affairs shall be transferred with the functions to which they relate.

PART III

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1087
THIRTY-THIRD LEGISLATURE, 2025		H.D. 1
STATE OF HAWAII