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THE SENATE |
S.B. NO. |
79 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to historic preservation reviews.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§6E- Proposed state housing projects; historic
review requirements. (a)
Notwithstanding section 6E-8, before any agency or officer of the State
or its political subdivisions commences any housing project that may affect a
historic property, an aviation artifact, or burial site, the agency or officer
shall advise and authorize the department to make a determination for the
proposed project as to the effect of the project on the historic property,
aviation artifact, or burial site. The
project shall not commence or continue until the department has made its
determination; provided that, if the department determines that the
proposed project is in a:
(1) Highly sensitive area known to
include a high density of historic, cultural, or archaeological resources, the
department shall require an archaeological inventory survey in accordance with
rules adopted by the department unless an archaeological inventory survey has
already been previously reviewed and accepted by the department for the same or
a substantially similar project located in the same project area;
(2) Moderately sensitive area where no
significant historic properties have been previously identified, the department
may authorize the project to proceed under an archaeological monitoring program
in accordance with rules adopted by the department; or
(3) Nominally sensitive area known to
include a low density of historic, cultural, or archaeological resources, or
where the project area has been substantially disturbed by previous excavation
or other ground disturbing work and no significant historic properties have
been previously identified, the department may authorize the project to proceed
without further review under this section.
The
department shall provide its written determination within ninety days after the
filing of a request with the department; provided that the department's
determination may be appealed to the Hawaii historic places review board.
(b) The department shall confirm that housing projects
have state inventory of historic places numbers for all historic properties
located within the housing project area before the start of construction.
(c) Before any agency or officer of the State or
its political subdivisions commences any housing project that may adversely
affect a significant historic property, the agency or officer shall make a
reasonable and good faith effort to avoid or minimize any effect to the
significant historic property. If any
adverse effect cannot reasonably be avoided, the agency or officer shall
mitigate the adverse effect. Mitigation
includes but is not limited to preservation, archaeological data recovery,
reburial, ethnographic documentation, historic data recovery, and architectural
recordation. Mitigation shall be
implemented pursuant to terms approved by the department.
(d) If human remains are identified during
archaeological monitoring or housing project construction, all work within the
vicinity of the finding of the remains shall be stopped; provided that work in
other areas of the project may continue, and may only proceed in accordance
with section 6E-43.6.
(e) If other historic property is identified
during archaeological monitoring or housing project construction, all work
within the vicinity of the finding shall be stopped and the state historic
preservation division shall be contacted.
(f) Before commencement of any proposed project
relating to lands under the jurisdiction of the department of Hawaiian home
lands, the department of Hawaiian home lands shall consult with the department
regarding the effect of the project upon any historic property or a burial
site.
(g) The department shall adopt rules in
accordance with chapter 91 to implement this section.
(h) For the purposes of this section,
"housing project" or "project" means a housing project that
is developed by, receiving financing from, or situated on land owned by the
State or a county."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DLNR; DHHL; Housing Projects; Historical Review
Description:
Requires the Department of Land and Natural Resources to determine the effect of any certain proposed housing projects within ninety days of a request for determination. Establishes historical review requirements based on the project area's known historic, cultural, and archaeological resources. Requires the Department of Hawaiian Home Lands to consult with the DLNR before commencement of a proposed project relating to lands under DHHL's jurisdiction.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.