HOUSE OF REPRESENTATIVES
H.B. NO.
1087
THIRTY-THIRD LEGISLATURE, 2025
H.D. 2
STATE OF HAWAII
S.D. 1
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(f), Hawaii Revised Statutes, requires the department of Hawaiian home lands, before 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 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 (f) to read as follows:
"(f) [[Struck through: The]] [Underlined: Notwithstanding subsection (a), the] department of Hawaiian home lands[[Struck through: , before commencing]] [Underlined: may review the effect of] any proposed project relating to lands under its jurisdiction[[Struck through: , shall consult with the department regarding the effect of the project]] upon historic property or a burial site[[Struck through: .]][Underlined: , subject to this chapter and any administrative rules adopted under this chapter; provided that the department of Hawaiian home lands shall:]
[Underlined: (1)] [Underlined: Designate the review to a Hawaiian home lands preservation officer who has the professional qualifications for archaeologists, architectural historians, ethnographers, historians, and physical anthropologists and who has received a written delegation of authority to perform the review from the state historic preservation officer;]
[Underlined: (2)] [Underlined: 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;]
[Underlined: (3)] [Underlined: 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]
[Underlined: (4)] [Underlined: 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.]
[Underlined: 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.]"
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $400,000 or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of the following positions:
(1) One full-time equivalent (1.0 FTE) historic preservation specialist;
(2) One full-time equivalent (1.0 FTE) archaeologist who meets the state professional qualifications for an archaeologist pursuant to section 13-281-3, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the National Historic Preservation Act of 1966, P.L. 89-665;
(3) One full-time equivalent (1.0 FTE) architectural historian who meets the state professional qualifications for an architectural historian pursuant to section 13-281-5, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the National Historic Preservation Act of 1966, P.L. 89-665; and
(4) One full-time equivalent (1.0 FTE) cultural historian who meets the state professional qualifications for a historian pursuant to section 13-281-7, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the National Historic Preservation Act of 1966, P.L. 89-665.
The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2026; provided that the amendments made to section 6E-8, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2030, pursuant to section 7(2) of Act 306, Session Laws of Hawaii 2025.
Report Title:
DHHL; Historic Preservation; Project Reviews; Appropriation
Description:
Allows the Department of Hawaiian Home Lands to assume historic preservation review of the effect of any proposed project for lands under its jurisdiction, except under certain circumstances. Appropriates funds. Effective 7/1/2026. (SD1)
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