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 13-280-3 - Procedure for inadvertent discoveries
Universal Citation: HI Admin Rules 13-280-3
Current through February, 2024
(a) The procedure to handle a discovery of a historic property, other than a burial site, during the course of work on a project which has already gone through the historic preservation review process, is as follows:
(1) Halt construction in the immediate area
and do not disturb the historic property any further. No item shall be moved
from the ground at the discovery location without the SHPD's approval, to
prevent damage to the historic property.
(2) Notify the SHPD as soon as
possible.
(3) The SHPD shall gather
sufficient information to evaluate the significance of the historic property.
This may be done by:
(A) A field check of the
site by SHPD staff;
(B) A field
check by an archaeologist hired by the person or agency undertaking the
project; or
(C) SHPD gathering of
oral and written information.
(4) The SHPD and the agency or person
undertaking the project shall evaluate all information to determine if a
significant historic property has been discovered.
(5) If the property is deemed significant, an
appropriate mitigation plan shall be jointly developed by the SHPD and agency
or person undertaking the project. The mitigation plan shall specify the form
of mitigation and shall briefly itemize a scope of work. The plan may not be
written. If the historic property is deemed significant under criteria in
paragraph 13-275-6(b)(5) or 13-284-6(b)(5), the SHPD, agency or person
undertaking the project shall initiate the consultation process by consulting
with representatives of the relevant ethnic group and consider their comments
when developing the mitigation plan.
(6) The agency or person undertaking the
project shall execute the mitigation plan. The SHPD shall verify the execution
of the mitigation plan. In cases of archaeological data recovery, an
archaeological data recovery report shall be prepared in accordance with the
standards set forth in chapter 13-278, and submitted to SHPD for review and
approval.
(7) Any collections,
excluding human remains, recovered from public lands shall be placed in an
acceptable archive to be designated by the SHPD. Arrangements shall be made
with private landowners on the disposition of collections from their lands. If
private landowners request archiving of material, then the archive shall be
determined in consultation with the SHPD.
(b) For inadvertent discoveries made after an archaeological assessment or inventory survey and prior to construction, the procedure enumerated in subsection 13-280-3(a) shall be followed except for step one.
(c) After notification of the SHPD of the discovery, mitigation plan decisions shall be made within five working days or by a mutually agreed upon date.
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