HOUSE OF REPRESENTATIVES

H.C.R. NO.

133

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

ESTABLISHING A JOINT HOUSE-SENATE TASK FORCE TO STUDY THE FEASIBILITY OF TRANSFERRING FUNCTIONS OF THE STATE HISTORIC PRESERVATION DIVISION OF THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO THE COUNTIES, THE OFFICE OF HAWAIIAN AFFAIRS, OR THE UNIVERSITY OF HAWAII.

 

 

WHEREAS, the Constitution of the State of Hawaii recognizes the value of conserving and developing the historic and cultural property within the state for the public good; and

WHEREAS, in section 6E-1, Hawaii Revised Statutes (HRS), the Legislature declared that "it is in the public interest to engage in a comprehensive program of historic preservation at all levels of government to promote the use and conservation of such property for the education, inspiration, pleasure, and enrichment of its citizens"; and

WHEREAS, in section 6E-1, HRS, the Legislature further declared that "it shall be the public policy of this State to provide leadership in preserving, restoring, and maintaining historic and cultural property, to ensure the administration of such historic and cultural property in a spirit of stewardship and trusteeship for further generations, and to conduct activities, plans, and programs in a manner consistent with the preservation and enhancement of historic and cultural property"; and

WHEREAS, the functions of state preservation programs have been primarily, if not solely, assigned to the State Historic Preservation Division (SHPD) of the Department of Land and Natural Resources; and

WHEREAS, the routine activities of SHPD have been dominated by its responsibilities of reviewing project proposals, permit applications, land use approvals, and ensuring compliance of burial laws; and

WHEREAS, SHPD does not find the goals of education, inspiration, pleasure, and enrichment to be of equal importance to those of reviewing project proposals, permit applications, land use approvals, and ensuring compliance of burial laws; and

WHEREAS, SHPD could establish a formal relationship with the Office of Hawaiian Affairs (OHA), University of Hawaii (UH), and county agencies to implement a broader spectrum of mandates relating to historic preservation; and

WHEREAS, OHA's mission statement is to "malama (protect) Hawaii's people and environmental resources and OHA's assets, toward ensuring the perpetuation of the culture, the enhancement of lifestyle and the protection of entitlements of Native Hawaiians, while enabling the building of a strong and healthy Hawaiian people and nation, recognized nationally and internationally"; and

WHEREAS, use of the State's preservation properties under the guidance of OHA would ensure culturally-sound and advantageous methods that would protect the land while benefiting the people of Hawaii; and

WHEREAS, UH has substantial academic assets and has a major commitment to ancient Hawaii, including its school of Hawaiian, Asian, and Pacific Studies and its Department of Anthropology through which countless educational uses of these assets could be established; and

WHEREAS, a means of streamlining some of SHPD's responsibilities may be a localized review of county-issued permits to enhance the process so that SHPD could focus more on state-issued permits; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that a joint task force of the House of Representatives and the Senate be established and convened to study and determine whether SHPD should be transferred to the counties, OHA, or UH; and

BE IT FURTHER RESOLVED that the joint task force be composed of the:

(1) Chairperson of the House Standing Committee on Water, Land, and Ocean Resources or the Chairperson's designee;

(2) Chairperson of the Senate Standing Committee on Water, Land, and Agriculture or the Chairperson's designee;

(3) Chairperson of the Board of Trustees of the Office of Hawaiian Affairs or the Chairperson's designee;

(4) Chairperson of the Board of Regents of UH or the Chairperson's designee;

(5) President of UH or the President's designee;

(6) Chairperson of the Anthropology Department of UH or the Chairperson's designee;

(7) Dean of the School of Hawaiian, Asian, and Pacific Studies of UH or the Dean's designee;

(8) Chairperson of the Board of Land and Natural Resources or the Chairperson's designee;

(9) Administrator of SHPD or the Administrator's designee;

(10) Director of the Office of Environmental Quality Control or the Director's designee;

(11) One representative of each of the following local organizations appointed by the Speaker of the House:

(A) Hawaii Society of Archaeology;

(B) American Planning Association, Hawaii Chapter;

and

(C) Hawaii Council of Engineering Society;

(12) One representative of each of the following fields, appointed by the Senate President:

(A) Hawaii Society of Archaeology;

(B) American Planning Association, Hawaii Chapter; and

(C) Hawaii Council of Engineering Society;

and

(13) One member appointed by the Governor;

and

BE IT FURTHER RESOLVED that upon the first meeting of the task force, a chair shall be chosen from among the members by a majority vote; and

BE IT FURTHER RESOLVED that the task force's mission shall be to:

(1) Determine the initial questions of organizational structure, feasibility, and practicality of transferring some of SHPD's functions to OHA, UH, and the counties;

(2) Determine the details of transferring SHPD's functions if found to be feasible and advantageous; and

(3) Prepare the necessary legislation;

and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to provide technical assistance including drafting any proposed legislation; and

BE IT FURTHER RESOLVED that the joint task force is requested to report its findings and recommendations, including any proposed legislation to the Legislature at least 20 days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Speaker of the House, the Senate President, the Governor, Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, Chairperson of the House or Representatives Standing Committee on Water, Land, and Ocean Resources, Chairperson of the Senate Standing Committee on Water, Land, and Agriculture, Chairperson of the Board of Land and Natural Resources, Administrator of the State Historic Preservation Division, Director of the Office of Environmental Quality Control, Chairperson of the Board of Regents of UH, President of UH, Dean of the School of Hawaiian, Asian, and Pacific Studies of UH, Chairperson of the Anthropology Department of UH, and the Acting Director of the Legislative Reference Bureau.

 

 

 

OFFERED BY:

_____________________________

Report Title:

TRANSFER OF THE RESPONSIBILITIES OF THE STATE HISTORIC PRESERVATION DIVISION