SB1406 would amend Hawaii’s historic preservation law, section 6E-8, to allow the Department of Hawaiian Home Lands (DHHL) to conduct its own historic preservation review for proposed projects on lands under its jurisdiction. Under current law, DHHL must consult with the Department of Land and Natural Resources (DLNR) regarding the effect of projects on historic properties and burial sites; this bill would shift that review function to DHHL, while still keeping the process subject to chapter 6E and applicable administrative rules.
The bill sets conditions for DHHL to exercise that review authority. DHHL would need to assign the review to a Hawaiian home lands preservation officer with professional competence and a written delegation from the state historic preservation officer, share reports and documents with DLNR for inclusion in the state’s historic preservation records system, and notify DLNR when review begins and when it ends with a written concurrence or nonconcurrence. DLNR would retain review authority for projects affecting properties listed or nominated for the Hawaii Register of Historic Places or the National Register of Historic Places.
Impact
If enacted, SB1406 would modify Hawaii Revised Statutes section 6E-8 by creating a DHHL-led review pathway for historic preservation review on Hawaiian home lands projects, reducing DLNR’s direct role in most DHHL project reviews. It would preserve DLNR oversight for the most significant historic properties and burial-related matters involving listed or nominated register properties, and it would require record-sharing and documentation procedures to keep the state historic preservation system informed.
Sentiment
The bill appears to be framed as an administrative and jurisdictional adjustment rather than a controversial policy change, with the stated purpose of allowing DHHL to review projects on its own lands. The available record shows no committee testimony or recorded votes, so there is no detailed public debate in the materials provided. The measure was deferred by the WLA committee, indicating that it did not advance at that stage, but the reason for deferral is not included.
Contention
The main point of contention is likely the transfer of review authority from DLNR to DHHL. Supporters would likely view the bill as improving efficiency and giving DHHL more control over projects on lands it administers, while critics may be concerned about whether DHHL has sufficient preservation expertise, consistency, or independence to replace DLNR’s review role. The bill addresses some of those concerns by requiring a qualified preservation officer, written delegation from the state historic preservation officer, and continued DLNR authority for properties on the Hawaii or National registers.
Urging The Hawaii State Ethics Commission To Recognize And Affirm The Exemption Of Culturally Significant And Customary Gifts From Gift Restrictions And Reporting Requirements Under Chapter 84, Hawaii Revised Statutes.
Urging The Hawaii State Ethics Commission To Recognize And Affirm The Exemption Of Culturally Significant And Customary Gifts From Gift Restrictions And Reporting Requirements Under Chapter 84, Hawaii Revised Statutes.