Cultural preservation

Establishes an advisory Hawaiian Cultural Heritage Commission.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Hawaiian communities across the State have made
 2 continuous efforts for a number of years to address issues that
 3 impact people of Hawaiian ancestry.  Intertwined among these
 4 efforts is a concern regarding the Hawaiian culture, its
 5 practices and traditions, and its impact on the visitor industry
 6 and the promotion of Hawaii as a vacation destination.
 7      While the State of Hawaii has made sincere attempts to
 8 address these issues, continued violations occur with regard to
 9 the protection of culturally sensitive areas, usually to the
10 detriment of and with a loss to the Hawaiian community and its
11 practices.  These violations are not limited to physical loss,
12 but are of a spiritual nature as well.
13      The State of Hawaii recognizes its moral obligation to
14 protect and preserve the Hawaiian culture and understands the
15 need to preserve areas of significance and the important role
16 these areas play in preserving and perpetuating the Hawaiian
17 culture, its practices, and its philosophy of "aloha".  The State
18 also recognizes the important role the Hawaiian culture plays in
19 the tourism industry in the State, and further understands the

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 1 need to provide opportunities for visitors and residents to
 2 experience this unique and precious part of our cultural
 3 heritage.
 4      The purpose of this Act is to establish a new commission
 5 within the department of business, economic development, and
 6 tourism to be known as the Hawaiian cultural heritage commission.
 7 This commission shall be responsible for advising government
 8 agencies on matters regarding the Hawaiian culture, including
 9 traditional Hawaiian practices, the use of resources, and land
10 use.  The commission shall designate cultural heritage areas.
11      The Hawaiian cultural heritage commission shall consist of a
12 state council, seven island councils, and sixty district
13 councils.  The members of each council shall serve as volunteers.
14      This Act also appropriates funds for the establishment and
15 operations of the Hawaiian cultural heritage commission.  Funds
16 are provided for:
17      (1)  A clerk/receptionist, a community planner, and a
18           recording secretary for each island council;
19      (2)  A clerk/receptionist, a planner, and an attorney for
20           the state council; and
21      (3)  Other operational costs.  

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 1      SECTION 2.  Chapter 201, Hawaii Revised Statutes, is amended
 2 by adding a new part to be appropriately designated and to read
 3 as follows:
 5      201-    Definitions.  As used in this part unless otherwise
 6 indicated by the context:
 7      "Cultural heritage area" means a geographic area having
 8 cultural resources, scenic resources, or historic significance.
 9      "Kupuna" means any district resident of Hawaiian ancestry
10 who is recognized within their community as a person who has
11 extensive cultural and historical knowledge of the district.
12      "Makua" means any district resident of Hawaiian ancestry who
13 is a parent or a person recognized as having makua status within
14 their community who has at a minimum a general knowledge of the
15 Hawaiian culture and history.
16      201-    Hawaiian cultural heritage commission established.
17 There is established within the department for administrative
18 purposes the Hawaiian cultural heritage commission.  The
19 commission shall advise government agencies on matters regarding
20 the Hawaiian culture, including traditional Hawaiian practices,
21 resource use, and land use.  The commission shall be composed of
22 sixty district councils, seven island councils, and a state
23 council.

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 1      201-    District councils.  (a)  There shall be a district
 2 council for each of sixty districts as described in subsection
 3 (c).  Each district council shall be composed of five kupuna and
 4 three makua.  The members of each district council shall be
 5 appointed by the governor from a list of ten kupuna and six makua
 6 provided by the State representative of the district, who shall
 7 solicit nominations from people in the district.  The members of
 8 the district councils shall be appointed in the manner provided
 9 by section 26-34.
10      (b)  Each district council shall conduct community meetings
11 to gather cultural heritage information relevant to the district.
12 Each district council shall compile the information gathered,
13 determine areas to be designated as cultural heritage areas,
14 establish guidelines on the future uses of these areas, and
15 inform the appropriate island council of these matters.
16      (c)  The districts for the district councils of the Hawaiian
17 cultural heritage commission shall be equivalent to the state
18 representative districts, except for the seventh, twelfth, and
19 fourteenth representative districts.  Instead of one district
20 council for the seventh representative district:
21      (1)  Molokai shall have three district councils;
22      (2)  Lanai shall have one district council; and

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 1      (3)  That portion of the representative district on Maui
 2           shall have one district council.
 3 Instead of one district council for the twelfth representative
 4 district:
 5      (1)  East Maui shall have two district councils; and
 6      (2)  West Kauai shall have two district councils.
 7 Instead of one district council for the fourteenth representative
 8 district:
 9      (1)  The portion of the representative district on Kauai
10           shall have one district council; and
11      (2)  Niihau shall have one district council.
12      201-    Island councils.  (a)  There shall be one island
13 council each for Hawaii, Maui, Molokai, Lanai, Oahu, Kauai, and
14 Niihau.  Each island council shall be composed of seven kupuna
15 and three makua selected by the district councils on the
16 respective islands, except that the Lanai district council and
17 the Niihau district council shall also serve as the Lanai island
18 council and the Niihau island council, respectively.
19      (b)  Each island council shall compile the information
20 gathered from its respective district councils and develop a
21 mapping system to identify cultural heritage areas.  Each
22 district council shall submit relevant information and make
23 recommendations to the state council.  Each island council shall

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 1 make recommendations pertaining to land and resource development
 2 around areas identified as culturally sensitive to the
 3 appropriate county government.
 4      201-    State council.  There shall be a state council
 5 composed of seven kupuna and seven makua.  Each island council
 6 shall select one kupuna and one makua.  The state council shall
 7 develop a statewide mapping system that includes submerged lands.
 8 The mapping system shall identify areas determined to be cultural
 9 heritage areas.  The state council shall develop a comprehensive
10 list of these areas and provide the historical background,
11 identify any archaeological sites, and provide any other relevant
12 information about each cultural heritage area.  Based on
13 information gathered by the district councils and island
14 councils, the state council shall establish a system to determine
15 the impacts of development on cultural heritage areas.  The state
16 council shall advise state government on cultural heritage
17 areas."
18      SECTION 3.  There is appropriated out of the general
19 revenues of the State of Hawaii the sum of $250,000 or so much
20 thereof as may be necessary for fiscal year 1999-2000 and the sum
21 of $500,000 or so much thereof as may be necessary for fiscal
22 year 2000-2001 to establish and operate the Hawaiian cultural
23 heritage commission.

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 1      SECTION 4.  The sums appropriated shall be expended by the
 2 department of business, economic development, and tourism for the
 3 purposes of this Act.
 4      SECTION 5.  This Act shall take effect on July 1, 1999.
 6                           INTRODUCED BY:  _______________________