Current through February, 2024
(a) If a project will have an "effect"
(impact) on significant historic properties, then a mitigation commitment
proposing the form of mitigation to be undertaken for each significant historic
property shall be submitted by the agency to the SHPD for review and approval.
(1) Mitigation can occur in five forms.
(A) Preservation, which may include avoidance
and protection (conservation), stabilization, rehabilitation, restoration,
reconstruction, interpretation, or appropriate cultural use.
(B) Architectural recordation, which involves
the photographic documentation and possibly the measured drawing of a building,
structure or object prior to its alteration or destruction.
(C) Archaeological data recovery, which
enables the recovery of an adequate and reasonable amount of the significant
information from a significant historic property prior to its alteration or
destruction. Data recovery may include archaeological mapping, surface
collection, excavation, monitoring, laboratory analyses, and interpretive
analyses.
(D) Historical data
recovery, which involves researching historical source materials to document an
adequate and reasonable amount of information about the property when a
property will be altered or destroyed.
(E) Ethnographic documentation, which
involves interviewing knowledgeable individuals and researching historical
source materials to document an adequate and reasonable amount of information
about the property when a property will be altered or destroyed.
(2) If properties with
significance, so evaluated under criterion "e", as defined in paragraph
13-275-6(b) (5), are involved", the agency shall consult with ethnic
organizations or members of the ethnic group for whom the historic properties
have significance under criterion "e" to seek their views on the proposed forms
of mitigation. For native Hawaiian properties deemed significant under
paragraph 13-275-6(b)(5) the Office of Hawaiian Affairs also shall be
consulted.
(3) The proposed
mitigation commitment shall include:
(A) A
table of the significant historic properties, indicating which form or forms of
mitigation is proposed for each property--preservation, archaeological data
recovery, architectural documentation, historical documentation, or
ethnographic documentation;
(B)
Brief text justifying these proposed treatments. Similar sites can be discussed
together in this justification, and
(C) If properties deemed significant under
paragraph 13-275-6(b)(5) are involved, a description of the consultation
process used, a list of the individuals and organizations contacted, and a
summary of the views and concerns expressed.
(b) If the proposal is not acceptable, SHPD
shall send a letter outlining needed changes or a determination letter not
concurring with the project, within forty five days of SHPD receipt of the
mitigation commitments. To proceed with the review process, the agency shall
correct the problems, consulting with the SHPD as needed to resolve
differences, and resubmit the mitigation commitments.
(c) If the commitments are acceptable, the
SHPD shall send a determination letter concurring with the proposed project
within forty five days of SHPD receipt of the mitigation commitments.
(d) If identified unmarked burial sites are
present, the relevant island burial council of the department must approve the
proposed mitigation commitments for native Hawaiian burials, following section
6E-43,
HRS, and section 13-300-33.
(e)
Should either the agency or any interested person disagree with the SHPD's
determination letter, the disagreeing party shall within thirty days of the
determination letter submit in writing a request for the Hawaii historic places
review board to hold a nonjudicial appeal hearing in accordance with chapter
91. The intent of the appeal hearing
is to provide an informal fact-finding process, characterized by great
latitude, in which all parties have ample opportunity to present information to
the Hawaii historic places review board for consideration, and answer any
questions the review board may have. The request for an appeal hearing shall
include:
(1) A statement indicating which
step in the process the appellant believes is in error;
(2) Information to support the appellant's
position; and
(3) Any other
information, including legal memoranda, the appellant may wish the review board
to read prior to the hearing.
(f) The review board shall schedule an appeal
hearing to be held within thirty days of receipt of the appeal request. The
hearing process will proceed in the following manner:
(1) The review board shall receive testimony
from the SHPD on the basis of its determination letter;
(2) The appellant will present its basis for
appealing the SHPD determination letter;
(3) Thereafter, the review board will hear
and receive testimony from any other interested persons or agencies;
(4) The review board may ask questions of
those testifying before it; and
(5)
Once the review board has reviewed all the written and oral testimony, it will
render a decision regarding the appeal within fifteen days of the conclusion of
the hearing.
(g) Should
either the agency or any interested person be dissatisfied with the decision of
the review board, they may within thirty days of the review board decision
apply to the governor to take action as the governor deems best in overruling
or sustaining the department.
(h)
After mitigation commitments are accepted by SHPD, the agency shall provide
detailed plans for the mitigation work for SHPD review and approval. The
approved plans shall serve as scopes of work for mitigation.
(1) Archaeological data recovery plans shall
meet the minimal standards for data recovery as provided in chapter 13-278.
Qualifications of the principal investigator directing this work shall comply
with chapter 13-281. An archaeological permit from the SHPD is required to
undertake this work, as provided in chapter 13-282. Plans may include
monitoring of construction by a professional archaeologist where further
significant historic remains are likely to be found after data recovery.
Minimal standards for the monitoring and report shall comply with chapter
13-279. Qualifications of the principal investigator directing the monitoring
shall comply with chapter 13-281.
(2) Architectural recordation plans shall
meet the minimal standards as provided by historic American building survey
(HABS) photographic specifications. Qualifications for the historian,
architect, or architectural historian directing this work shall comply with
chapter 13-281.
(3) Historical data
recovery plans shall conform to SHPD guidelines for historic documentation.
Qualifications for the historian directing this work shall comply with chapter
13-281.
(4) Ethnographic
documentation plans shall conform to SHPD guidelines for ethnographic
documentation. Qualifications for the ethnographer directing this work shall
comply with chapter 13-281.
(5)
Preservation plans shall meet the minimal standards as provided by chapter
13-277 and the Secretary of the Interior's standards for historic preservation
projects for architectural properties. If preservation plans involve historic
properties deemed significant under paragraph 13-275-6(b)(5), the agency shall
consult with interested individuals and organizations of the relevant cultural
group with which the properties are associated. For native Hawaiian properties
deemed significant under paragraph 13-275-6(b)(5) the Office of Hawaiian
Affairs also shall be consulted. The plans shall describe the consultation
process used, list the individuals and organizations consulted, and summarize
the views and concerns expressed.
(6) Any interested persons may comment on the
detailed mitigation plans. Comments must be submitted in writing to the SHPD
within thirty days of the SHPD posting notice of the receipt of the detailed
mitigation plans. The SHPD shall take all comments into consideration when
issuing its letter of acceptance or non-acceptance of the plans.
(7) If a detailed mitigation plan is not
acceptable, SHPD shall send a letter outlining needed changes, within forty
five days of SHPD receipt of the plan. To proceed with the review process, the
agency shall correct the problems, consulting with the SHPD as needed to
resolve differences, and resubmit the plan.
(8) If the detailed mitigation plan is
acceptable, the SHPD shall send a letter of agreement within forty five days of
receipt of the plan. Once a plan is accepted, work can then proceed on the
plan.
(9) If unmarked burials are
involved, the detailed mitigation plan must be covered under a burial treatment
plan, as specified in chapter 13-300. This treatment plan can serve as the
burial site component of an archaeological data recovery plan (in cases of
disinterment and reinterment elsewhere) or of a preservation plan.
