SB 3126

THE SENATE
S.B. NO.
3126
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
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 commencing 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)� [[The]] Notwithstanding subsection
(a), the department of Hawaiian home lands[[, before commencing]] may
review the effect of any proposed project relating to lands under its
jurisdiction[[, shall consult with the department regarding the effect of the
project]] upon historic property or a burial site[[.]],� subject to this chapter and any
administrative rule adopted thereunder; provided that the department of
Hawaiian home lands shall:
���� (1)� Designate
the review to a Hawaiian home lands preservation officer who has professional
competence and experience in the field of historic preservation, has
institutional knowledge of the department of Hawaiian home lands or the state
historical preservation division or both, and who has received a written
delegation of authority to review the effect of department of Hawaiian home
lands projects on historic property or a burial site from the state historic
preservation officer, for the purposes of carrying out section 6E-43 or
6E-43.6, as appropriate; or hire or contract a fee for service consultant who
has professional competence and experience in the field of historic
preservation;
���� (2)������ 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;
���� (3)� Notify
the department that the department of Hawaiian home lands will be reviewing the
effect of the project when initiating review and provide the department with a
copy of the written concurrence or nonconcurrence at the end of the review; and
���� (4)������ Consult with the appropriate island burial council on
any projects impacting a previously identified burial site or if a burial site
is inadvertently discovered pursuant to section 6E�43 or 6E-43.6, or both, as
appropriate.
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.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION
4.� This Act, upon its approval, shall
take effect on July 2, 2026.
INTRODUCED BY:
_____________________________
BY
  REQUEST
Report Title:
Historic Preservation; DHHL; Project Reviews
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 for projects affecting properties listed or
nominated for inclusion in the Hawaii register of historic places or the
national register of historic places.
The summary description
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not legislation or evidence of legislative intent.