Report Title:

Hawaii Heritage Program

 

Description:

Establishes a Hawaii Heritage Partnership Program, a program that encourages innovative and partnership-driven management strategies of areas identified by the State Historic Preservation Officer. 

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1705

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to historic preservation.

 

 

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

 


     SECTION 1.  The legislative areas designated as "Hawaiian Heritage Areas" are of vital importance to the protection of our Hawaii historic areas.  This designation would allow the State to partner with non-profit organizations, local governments, and other groups to protect these areas, by recognizing regional values and encouraging locally tailored resource management.

     This program will also help standardize processes for conducting feasibility studies, designating a system of Hawaiian Heritage Areas, and approving of management plans for Hawaiian Heritage Areas.

     This program will also help provide appropriate linkages between the Hawaii Historic Places Review Board, communities, State government, local government, the Federal government, and organizations within the Hawaiian Heritage Areas.  

     This program will also provide financial and technical assistance to Hawaiian Heritage Area local coordinating entities that act as a catalyst for diverse regions, communities, organizations, and citizens to undertake projects and programs for collaborative management and protection.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HAWAIIAN HERITAGE AREAS

PART I. HAWAIIAN HERITAGE AREAS SYSTEMS

§   -1 Definitions.  The following terms, wherever used or referred to in this chapter shall have the following respective meanings, unless a different meaning clearly appears from the context:

"Hawaiian Heritage Area" means an area that is designated by the Legislature that is important to the heritage of Hawaii and meets the criteria established under ­­­this chapter.

"Importance" means possession of unique natural, historical, cultural, educational, scenic, or recreational resources of exceptional value or quality, and a high degree of integrity of location, setting, or association in illustrating or interpreting the heritage of Hawaii.

"Local coordinating authority" means the entity designated by the legislature to develop, in partnership with others, the management plan for the Hawaiian Heritage Areas, and to act as a catalyst for the implementation of projects and programs among diverse partners in the Hawaiian Heritage Area.

"Management plan" means the plan prepared by the local coordinating entity for a Hawaiian Heritage Area designated by the legislature that specifies actions, policies, strategies, performance goals, and recommendations that meet the goals of the Hawaiian Heritage Area, in accordance with section __ of this chapter. 

"Proposed Hawaiian Heritage Area" means an area under study by the State Historic Preservation Officer or other parties for potential designation by the legislature as a Hawaiian Heritage Area. 

"State Historic Preservation Officer" means the person appointed by the Governor to this position as stated in §6E-5, Hawaii Revised Statutes.

"Study" means a study conducted by the State Historic Preservation Officer, or conducted by one or more other interested parties and reviewed by the State Historic Preservation Officer, in accordance with the criteria and processes as established under section ____, to determine whether the area meets the criteria to be designated a Hawaiian Heritage Area by the Legislature.

"System" means the system of Hawaiian Heritage Areas established under section __.

§   -2 Hawaii Heritage Area Systems. (a) In order to recognize certain areas of Hawaii that tell important stories and to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the areas that together illustrate significant aspects of the heritage of Hawaii, there is established a system of Hawaiian Heritage Areas through which the State Historic Preservation Officer shall provide technical and financial assistance to local coordinating entities to support the establishment, development, and continuity for Hawaiian Heritage Areas. 

     (b) The system of Hawaiian Heritage Areas shall be composed of:

(1)  Hawaiian Heritage Areas established by the legislature before or on the date of enactment of this Act; or

(2)  Hawaiian Heritage Areas established by the legislature after the date of enactment of this Act, as provided for by section ____ of this chapter.

     (c)  Under the system, the State Historic Preservation Officer shall:

          (1)  Conduct studies, as directed by the Legislature

to assess the suitability and feasibility of designating proposed Hawaiian Heritage Areas; or

          (2)  Review and comment on studies undertaken by other

parties to make such assessment;

          (3)  Provide technical and financial assistance, on

non-reimbursable basis, for the development and implementation of management plans for designated Hawaiian Heritage Areas;

(4)  Enter into cooperative agreements with interested parties to carry out this Act;

          (5)  Provide information, promote understanding, and

encourage research on Hawaiian Heritage Areas in partnership with local coordinating entities;

          (6)  Provide oversight, analysis, coordination, and

technical financial assistance and support to

ensure consistency and accountability under the system; and

          (7)  Submit annually to the legislature a report

describing the allocation and expenditure of

funds for activities conducted with respect to the Hawaiian Heritage Areas under this Act.

§   -3 Studies.  (a)    In conducting or reviewing a study, the State Historic Preservation Officer shall apply the following criteria to determine the sustainability and feasibility of designating a proposed Hawaiian Heritage Area.  The proposed area shall:

          (1)  Have an assemblage of natural, historic,

cultural, educational, scenic, or recreational resources that together are important to the heritage of Hawaii;

(2)  Represent distinctive aspects of the heritage of Hawaii worthy of recognition, conservation, interpretation, and continuing use;

(3)  Be best managed as such an assemblage through partnerships among public and private entities at the local regional level;

(4)  Reflect traditions, customs, beliefs, and folklife that are a valuable part of the heritage of Hawaii;

(5)  Provide outstanding opportunities to conserve natural, historical, cultural, or scenic features;

(6)  Provide outstanding recreational or educational opportunities;

(7)  Have resources and traditional uses that have importance to Hawaii;

(8)  Have residents, business interests, nonprofit organizations, and government agencies within the proposed area that are involved in the planning and have demonstrated significant support through letters and other means for Hawaiian Heritage Area designation and management;

(9)  Have an identifiable local coordinating entity responsible for preparing and implementing the management plan;

(10) Have the proposed local coordinating entity and units of government supporting the designation are willing and have documented a significant amount of work in partnership to protect, enhance, interpret, fund, manage, and develop resources within the Hawaiian Heritage Area;

(11) Develop a conceptual financial plan by the proposed local coordinating entity that outlines the roles of all participants in the management of the Hawaiian Heritage area;

(12) Have a proposal consistent with continued economic activity within the area; and

(13) Have a conceptual boundary map has been developed and is supported by the public and participating State agencies.

     (b)  In conducting or reviewing a study, the State Historic preservation Officer shall consult with the managers of any State land within the proposed Hawaiian Heritage Area and secure the concurrence of the managers with the findings of the study before making a determination for designation.

     (c)  On completion or receipt of a study for a Hawaiian Heritage Area, the State Historic Preservation Officer shall:

(1)  review, comment on, classify, and determine if the study meets the criteria specified in subsection __ for designation as a Hawaiian Heritage Area; and

(2)  Hawaiian Heritage Areas shall be classified, as required by the previous section, into one of three designations as follows:

     (A)  Class A.  Class A designation is deemed to be the most important designation.  To be designated as Class A, the Prospective Hawaiian Heritage Area must be:

               (i)  vital to the culture, history, or heritage of Hawaii;

              (ii)  on the National Register of Historic Places;

             (iii)on the Hawaii Historic Registry;

              (iv)  irreplaceable;

              (v)  unique to Hawaii; and

              (vi)damaging to Hawaii's tourism industry and economy, if lost.

     (B)  Class B.  Class B designation is the second most important designation.  To be designated as Class B, the Prospective Hawaiian Heritage Area must be:

               (i)  of great importance to the culture, history, and heritage of Hawaii;

              (ii)  on or in the process of being placed on the National Registry of Historic Places;

             (iii)on or in the process of being placed on the Hawaii Registry of Historic Places; and

              (iv)  damaging to Hawaii, if lost.

     (c)  Class C designation is the third most important designation.  To be designated as class C, the Prospective Hawaiian Heritage Area must be:

               (i)  of significance to the culture, history, or heritage of Hawaii.

(3)  transmit to the Legislature the study, including a finding as to whether the proposed Hawaiian Heritage Area meets the criteria for designation.

     (d)  If the State Historic Preservation Officer determines that any proposed Hawaiian Heritage Area does not meet the criteria for designation, the State Historic Preservation Officer shall include within the study submitted under subsection ______ a description of the reasons for the determination.

§   -4 Designation of Hawaiian Heritage Areas.  (a)  The designation of a Hawaiian Heritage Area shall be:

          (1)  by Act of the Legislature; and

(2)  contingent on the prior completion of a study and an affirmative determination by the State Historic preservation Officer that the area meets the criteria established under section ­­­­___.

§   -5 Management Plans.  (a)     The management plan for any Hawaiian Heritage Area shall:

(1)  describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage area covered by the Hawaiian Heritage Area and encouraging long term resource protection, enhancement, interpretation, funding, management, and development of a Hawaiian Heritage Area;

(2)  include a description of actions and commitments that governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop natural, historical, cultural, educational, scenic, and recreational resources of a Hawaiian Heritage Area;

(3)  specify existing and potential sources of funding for economic development strategies to protect, enhance, interpret, fund, manage, and develop the Hawaiian Heritage Area;

(4)  include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Hawaiian Heritage Area related to the importance and themes of the Hawaiian Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;

(5)  recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Hawaiian Heritage Area;

(6)  describe a program for implementation for the management plan, including:

               (A)  performance goals;

(B)  plans for resource protection, enhancement, interpretation, funding, management, and development; and

(C)  specific commitments for implementation that have been made by the local coordinating entity or any government agency, organization, business, or individual;

(7)  include an analysis of, and recommendations for, means by which Federal, State, and local programs may be best coordinated to further the purpose of this Act; and

          (8)  include a business plan that:

(A)  describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and

(B)  provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Hawaiian Heritage Area.

§    -6   Deadline. (a)  Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a Hawaiian Heritage Area, the local coordinating entity shall submit the management plan to the State Historical Preservation Officer for approval.

     (b)  If the management plan is not submitted to the State Historical Preservation Officer in accordance with this section, the local coordinating entity shall not qualify for any additional financial assistance under this Act until such time as the management plan is submitted to and approved by the State Historical Preservation Officer.

     (c)  Not later than 180 days after receiving the plan, the State Historic Preservation Officer shall review and approve or disapprove the management plan for a Hawaiian Heritage Area on the basis of the criteria established under subsection (d) of this section.

     (d)  In determining whether to approve a management plan for a Hawaiian Heritage Area, the State Historic Preservation Officer shall consider whether:

(1)  the local coordinating entity represents the diverse interests of the Hawaiian Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;

(2)  the local coordinating entity has afforded adequate opportunity for public governmental involvement, through workshops and hearings, in the preparation of the management plan;

(3)  the local coordinating entity provides for at least semiannual public meetings to ensure adequate implementation of the management plan;

(4)  the resource protection, enhancement, interpretation, funding, management, and development strategies  described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Hawaiian Heritage Area;

(5)  the management plan would not adversely affect any activities authorized on State land under public land laws or land use plans;

(6)  the local coordinating entity has demonstrated financial capability, in partnership with others, to carry out the plan;

(7)  the State Historic Preservation Officer has received adequate assurances from the appropriate State and local officials whose support is needed to ensure the effective implementation of the governmental elements of the management plan; and

(8)  the management plan demonstrates partnerships among the local coordinating entity, Federal, State, and local governments, regional planning organizations, non-profit organizations, or private sector parties for implementation of the management plan.

§    -7   Disapproval of the management plan.  (a)   If the State Historic Preservation Officer disapproves of the management plan, the State Historic Preservation Officer:

          (1)  shall advise the local coordinating entity in

              writing for the reasons of disapproval; and

          (2)  may make recommendations to the local

              coordinating entity for revisions of the

              management plan.

     (b)  Not later than 180 days after receiving a revised management plan, the State Historic Preservation Officer shall approve or disapprove the revised management plan.

§    -8   Amendments to the management plan.  (a)    An amendment to the management plan that substantially alters the purposes of the Hawaiian Heritage Area shall be reviewed by the Historic Preservation Officer and approved or disapproved in the same manner as the original management plan.

     (b)  The local coordinating entity shall not use state funds to implement an amendment to the management plan until the State Historic Preservation Officer approves the amendment.

§   -9    Local Coordinating Entities.  (a) To further the purposes of the Hawaiian Heritage Area, the local coordinating entity shall:

(1)  prepare a management plan for the Hawaiian Heritage Area, and submit the management plan to the State Historic Preservation Officer, in accordance with section ­­__;

(2)  submit an annual report to the State Historic Preservation Officer for each fiscal year for which the local coordinating entity receives State funds under this act, specifying:

(A)  the specific performance goals and accomplishments of the local coordinating entity;

(B)  the expenses and income of the local coordinating entity;

               (C)  the amounts and sources of matching funds;

              (D)  grants made to any other entities during the fiscal year;

(3)  make available for audit for each fiscal year for which the local coordinating entity receives State funds under this Act, all information pertaining to the expenditure of the funds and any matching funds; and

(4)  encourage economic viability and sustainability that is consistent with the Hawaiian Heritage Area.

     (b)  For the purpose of preparing and implementing the approved management plan for the Hawaiian Heritage Area, the local coordinating entity may use State funds made available under this Act to:

(1)  make grants to political jurisdictions, non profit organizations, and other parties within the Hawaiian Heritage Area;

(2)  enter into cooperative agreements with or provide technical assistance to political jurisdictions, non-profit organizations, and other interested parties;

(3)  hire and compensate staff, including individuals with expertise in:

(A)  natural, historical, cultural, educational, scenic, and recreational resource conservation;

               (B)  economic and community development; or

               (C)  heritage planning.

(4)  obtain funds or services from any source, including other Federal and State Laws or programs;

          (5)  contract for goods and services; or

(6)  support activities of partners and any other activities that further the purpose of the Hawaiian Heritage Area and are consistent with the approved management plan.

     (c)  The local coordinating entity may not use State funds authorized under this Act to acquire any interest in real property.

§   -10   Relationship to other State Agencies.  (a)  Nothing in this Act affects the authority of a state agency to provide technical or financial assistance under any other law.

     (b)  The head of any State agency planning to conduct activities that may have an impact on a Hawaiian Heritage Area is encouraged to consult and coordinate activities with the State Historic Preservation Officer and the local coordinating entity to the maximum extent practicable.

     (c)  Nothing in this Act shall:

(1)  modify, alter, or amend any law or regulation authorizing a State Agency to manage State land under the jurisdiction of the State Agency;

(2)  limit the discretion of a state land manager to implement an approved land use plan within the boundaries of a Hawaiian Heritage Area; or

(3)  modify, alter, or amend any authorized use of state land under the jurisdiction of a State Agency.

§   -11   Private Property and Regulatory Protections.  (a)  Nothing in this Act shall:

(1)  abridge the rights of any property owner, whether public or private, including the right to refrain from participating in any plan, project, or activity conducted within the Hawaiian Heritage Area;

(2)  require any property owner to permit public access to the property of the property owner, or to modify the public access or use of the property of the property owner under any other Federal, State, or Local Law;

(3)  alter any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity;

(4)  authorize or imply the reservation or appropriation of water or water rights;

(5)  diminish the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting with the National Heritage Area; or

(6)  create any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.

§   -12   Partnership Support.  (a)    On termination of the 15 year period for which assistance is provided under section __, the State Historic Preservation Officer may, request of a local coordinating entity to continue to provide technical assistance to a Hawaiian Heritage Area under section __.

§    -13  Grant assistance.  (a)  The State Historic Preservation Officer may establish a grant program under which the State Historic Preservation Officer provides grants on a competitive basis, to local coordinating entities for the conduct of individual projects at Hawaiian Heritage Areas for which financial assistance has terminated under section __.

     (b)  The provision of a grant shall be subject to the condition that:

(1)  a project must be approved by the local coordinating entity as promoting the purposes of the management plan required under section ___;

(2)  a project may receive only one grant of no more than $_______ in any fiscal year;

(3)  a maximum of $_________  may be received by a local coordinating entity for projects funded under this subsection in any fiscal year; and

(4)  a project shall not be eligible for funding under this section in any fiscal year that a local coordinating entity receives an appropriation through the Historic Preservation Program for the Hawaiian Heritage Area at which the project is being conducted.

     (c)  For each fiscal year in which assistance is provided under this section, the State Historic Preservation Officer shall submit to the Legislature a list of projects provided assistance for the fiscal year.

     (d)  As a further condition of receiving grants under this Act, the recipient of the grant shall provide matching funds in an amount that is equal to the amount of the grant.  The matching funds may be made in the form of in-kind contributions of goods or services fairly valued.

SECTION 3.    The authority of the State Historic Preservation Officer to provide financial assistance to an individual local coordinating entity under this Act shall terminate on the date that is 15 years after the date of the initial receipt of the assistance by the local coordinating entity.  A Hawaiian Heritage Area shall retain the designation as a Hawaiian Heritage Area after the termination date prescribed in this section.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $_____, or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the purposes of this Act, provided that not more than $_____ may be used for any individual study for a proposed Hawaiian Heritage Area and not more than five percent of the amount of funds made available for a fiscal year may be used by the State Historic Preservation Officer for technical assistance, oversight, and administrative purposes.

     The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

     SECTION 5.  This Act shall take effect on July 1, 2007.

                                                                                                                                                                         

 

 

INTRODUCED BY:

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