Report Title:

Native Hawaiian Historical Sites; Landowner; Private Property

 

Description:

Prohibits a landowner from removing, excavating, injuring, or destroying a potential native Hawaiian historic site on private property, unless the landowner has notified the Department of Land and Natural Resources of the proposed action; specifies procedures for landowners regarding the potential native Hawaiian historic sites.  (HB1169 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1169

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to historic sites.

 

 

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

 


     SECTION 1.  The legislature finds that existing laws do not protect historic sites on private land from intentional destruction by the landowner, unless the site is listed on the state register of historic places, the site is a burial site, or the owner has applied for a land use permit.  This situation can create an incentive for landowners to destroy such sites before applying for permits.  This Act protects native Hawaiian historic sites by prohibiting landowners from destroying a potential native Hawaiian historic site unless the landowner has notified the department of land and natural resources of the proposed action and of the future use the landowner proposes for the land occupied by the native Hawaiian historic site.  If the proposed use requires a land use permit, the landowner is required to complete the process under section 6E-42, Hawaii Revised Statutes.  Also, if the landowner wishes to destroy a site but does not intend to undertake any activity that requires a land use permit (such as cultivation of crops), the landowner must record a covenant specifying that the landowner will not apply for any such permit for ten years for the area around the site.

     SECTION 2.  Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§6E-     Native Hawaiian historic sites.  (a)  No landowner, or any person with the consent of the landowner, may remove, excavate, injure, or destroy a potential native Hawaiian historic site on private property, unless the landowner has notified the department of the proposed action and of the future use the landowner proposes for the land containing the potential native Hawaiian historic site.

     (b) If the proposed use requires a permit, license, certificate, land use change, subdivision, or other entitlement for use, the landowner shall follow and complete the procedures established under section 6E-42 prior to taking any action to remove, excavate, injure, or destroy the potential native Hawaiian historic site.

     (c)  If the proposed use does not require a permit, license, certificate, land use change, subdivision, or other entitlement for use, the department shall determine within sixty days whether the site in question warrants preservation, and the landowner shall not take action to remove, excavate, injure, or destroy the potential native Hawaiian historic site unless:

     (1)  The department determines that the site does not warrant preservation; or

     (2)  The landowner records a covenant running with the land, with a copy sent to the department, that the landowner will not apply for a permit, license, certificate, land use change, subdivision, or other entitlement for use issued by the State or any of its political subdivisions affecting the immediate area containing the potential native Hawaiian historic site, including the area owned by the landowner within a one-hundred-foot radius of the site, for ten years from the date of recordation.

     (d)  The department may also commence condemnation proceedings, within sixty days of notification, to purchase the site or to purchase an easement for the preservation of the site.

     (e)  No state or county agency shall issue a land use permit or other approval in contradiction of a covenant recorded under subsection (c)(2).

     (f)  Any person who knowingly violates this section shall be subject to the penalties set forth in section 6E-11.5, and, in addition, shall be prohibited from applying for a permit, license, certificate, land use change, subdivision, or other entitlement for use issued by the State or any of its political subdivisions affecting the land containing the potential native Hawaiian historic site, for ten years from the date of violation.  For the purposes of this section, a landowner shall be deemed to have constructive knowledge of potential native Hawaiian historic sites on the landowner's property listed in the state inventory of historic places, or shown in any archaeological study for the property with the consent of the owner or the owner's predecessors in title."

     SECTION 3.  Section 6E-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Potential native Hawaiian historic site" means a wall, platform, stone pavement, enclosure, terrace, petroglyph, heiau, mound, ahu, auwai, trail, shrine, or any other manmade feature that is consistent in design and construction materials to features built by native Hawaiians before 1850, and for which there is no credible evidence demonstrating that it was built after 1850."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2025.