RELATING TO HISTORIC PRESERVATION REVIEWS.

SB2786

THE SENATE

S.B. NO.

2786

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:

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SECTION 1.
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The legislature finds that historic
preservation reviews play an important role in the protection and management of
the State's historic properties and burial sites.
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The legislature further finds that under the
current process for historic preservation reviews, before the department of
Hawaiian home lands can commence any proposed project on lands under its
jurisdiction it must first consult with the department of land and natural
resources regarding the effect of the project on historic properties or burial
sites.

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The purpose of this Act is to:

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(1)
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Permit the
department of Hawaiian home lands to conduct its own review of the effect of
any proposed project on lands under its jurisdiction on historic properties or
burial sites; and

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(2)
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Appropriate funds.

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SECTION
2
.
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Section 6E-8,
Hawaii Revised Statutes, is amended by amending subsection (f) to read as
follows:

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"
(f)
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[
The
]
Notwithstanding
subsection (a), the
department of Hawaiian home lands[
,
before
commencing
]
may, subject to the
requirements of this chapter and any administrative rule adopted thereunder,
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[
.
]
; provided
that in conducting its review the department of Hawaiian home lands shall:

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(1)
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Either:

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(A)
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Designate
the review to a Hawaiian home lands historic preservation specialist 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

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(B)
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Hire
or contract a fee for service consultant who has professional competence and
experience in the field of historic preservation;

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(2)
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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;

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(3)
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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

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(4)
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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.
"

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SECTION 3.
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There is appropriated out of the general
revenues of the State of Hawaii the sum of $400,000 or so much thereof as may
be necessary for fiscal year 2026-2027 for the establishment of the following
positions:

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(1)
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One full-time
equivalent (1.0 FTE) historic preservation specialist;

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(2)
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One full-time
equivalent (1.0 FTE) archaeologist who meets the state professional
qualifications for an archaeologist pursuant to section 13-281-3, Hawaii
Administrative Rules, and the Secretary of the Interior Professional
Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic
Preservation Act of 1966, P. L. 89-665;

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(3)
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One full-time
equivalent (1.0 FTE) architectural historian who meets the state professional
qualifications for an architectural historian pursuant to section 13-281-5,
Hawaii Administrative Rules, and the Secretary of the Interior Professional
Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic
Preservation Act of 1966, P. L. 89-665; and

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(4)
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One full-time
equivalent (1.0 FTE) cultural historian who meets the state professional
qualifications for an architectural historian pursuant to section 13-281-7,
Hawaii Administrative Rules, and the Secretary of the Interior Professional
Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic
Preservation Act of 1966, P. L. 89-665.

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The sum appropriated shall be
expended by the department of Hawaiian home lands for the purposes of this Act.

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SECTION 4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 5.
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This Act shall take effect on July 2, 2026;
provided that the amendments made to section 6E-8, Hawaii Revised Statutes, by
section 2 of this Act shall not be repealed when that section is reenacted on
June 30, 2030, pursuant to section 7 of Act 306, Session Laws of Hawaii 2025.

INTRODUCED BY:

_____________________________

Report Title:

Department
of Hawaiian Home Lands; Historic Preservation Review; Appropriation

Description:

Permits
the Department of Hawaiian Home Lands to conduct a review of the effect of a
proposed project on lands under its jurisdiction on historical properties and
burial sites, subject to certain requirements.
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Appropriates funds.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.