Hawaii Administrative Rules
Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES
Subtitle 13 - HISTORIC PRESERVATION DIVISION
Chapter 280 - RULES GOVERNING GENERAL PROCEDURES FOR INADVERTENT DISCOVERIES OF HISTORIC PROPERTIES DURING A PROJECT COVERED BY THE HISTORIC PRESERVATION REVIEW PROCESS
Section 13-280-2 - Definitions
As used in this chapter unless the context requires otherwise:
"Agency" means any state or county governmental entity.
"Archaeological data recovery" means the form of mitigation that archaeologically records or recovers a reasonable and adequate amount of information as determined by the department, from a significant historic property.
"Burial site" means any specific unmarked location where prehistoric or historic human skeletal remains and their associated burial goods if any, are interred, and its immediate surrounding archaeological context, including any associated surface or subsurface features, deemed a unique class of historic property, and not otherwise included in section 6E-41, HRS.
"Consultation process" means notifying interested organizations and individuals that a project could affect historic properties of interest to them; seeking their views on the identification, significance evaluations, and mitigation treatment of these properties; and considering their views in a good faith and appropriate manner during the review process.
"Department" or "DLNR" means the state department of land and natural resources.
"Historic preservation review process" means the process specified in chapters 13-275 and 13-284, used to comply with sections 6E-7, 6E-8 and 6E-42, HRS.
"Historic property" means any building, structure, object, district, area, or site, including heiau and underwater site, which is over fifty years old.
"Mitigation" means the measures taken to minimize impacts to significant historic properties. Mitigation may take different forms, including, but not limited to, preservation, archaeological data recovery, reburial, ethnographic data recovery, historic data recovery, and architectural recordation.
"Mitigation plan" means the plan setting forth appropriate treatment of historic properties, burial sites or human skeletal remains.
"Person" means any individual, firm, association, agency, organization, partnership, estate, trust, corporation, company, or governmental unit that is proposing a project.
"Preservation" means the mitigation form in which a historic property is preserved.
"Project" means any activity directly undertaken by the state or its political subdivisions or supported in whole or in part through appropriations, contracts, grants, subsidies, loans, or other forms of funding assistance from the state or its political subdivisions or involving any lease, permit, license, certificate, land use change, or other entitlement for use issued by the state or its political subdivisions.
"Project area" means the area the proposed project may potentially affect, either directly or indirectly. It includes not only the area where the project will take place, but also the proposed project's area of potential effect.
"Significant historic property" means any historic property that meets the criteria of the Hawaii register or the criteria enumerated in subsection 13-275-6(b) or 13-284-6(b).
"State historic preservation division" or "SHPD" means the sate historic preservation division within the state department of land and natural resources.
