|
STATE HISTORIC BRIDGE INVENTORY AND EVALUATION 2024 UPDATE
<br /> and must receive a written concurrence before a project can proceed.' In HRS § 6E-2, a "project" is
<br /> defined as any activity directly undertaken by the State or its political subdivisions or supported in
<br /> whole, or in part, through appropriation, contracts, grants, subsides, loans, or other forms of funding
<br /> assistance from the State or its political subdivisions or involving any lease, permit, license, certificate,
<br /> land use change, or other entitlement for use issued by the State or its political subdivisions (Hawaii
<br /> Senate Bill SB 3010).
<br /> Hawaii Administrative Rules(HAR), § 13-275
<br /> The HAR "Rules Governing Procedures for Historic Preservation Review for Governmental Projects
<br /> Covered Under Sections 6E-7 and 6E-8, HRS" includes a review process that is "designed to identify
<br /> significant historic properties in project areas and then to develop and execute plans to handle impacts
<br /> to the significant historic properties in the public interest." Pursuant to HAR § 13-275-2, a historic
<br /> property means, "any building, structure, object, district, area or site, including heiau and underwater
<br /> site, which is over fifty years old."A significant historic property means, "any historic property that
<br /> meets the criteria of the Hawaii register of historic places."3 A significant historic property shall possess
<br /> integrity of location, design, setting. materials, workmanship, feeling, and association and shall meet
<br /> one or more of the following criterion:
<br /> a. Be associated with events that have made an important contribution to the broad patterns of
<br /> our history;
<br /> b. Be associated with the lives of persons important in our past;
<br /> c. Embody the distinctive characteristics of a type, period, or method of construction, represent
<br /> the work of a master, or possess high artistic value;
<br /> d. Have yielded, or is likely to yield, information important for research on prehistory or history;
<br /> or
<br /> e. Have an important value to the native Hawaiian people or to another ethnic group of the
<br /> state due to associations with cultural practices once carried out, or still carried out, at the
<br /> property or due to associations with traditional beliefs, events or oral accounts--these
<br /> associations being important to the group's history and cultural identity.
<br /> FEDERAL LAW
<br /> National Historic Preservation Act(NHPA)of 1966, 54 United States Code (U.S.C.)§300101
<br /> The NHPA recognizes the Nation's historic heritage and establishes a national policy for the preservation
<br /> of historic properties. The project is an undertaking subject to compliance with Section 106 of the
<br /> National Historic Preservation Act of 1966, as amended (NHPA) (54 United States Code (U.S.C) § 300101
<br /> et seq.) and its implementing regulations (36 Code of Federal Regulations (C.F.R.) Part 800). Specifically,
<br /> Section 106 of the NHPA requires that the responsible federal agency consider the effects of its actions
<br /> 'State of Hawaii, §6E-8 Review of effect of proposed State and County projects, under Hawaii Revised
<br /> Statutes Chapter 6E, http://www.state.hi.us/dlnr/hpd/hpfctsht.htm (accessed March 28, 2013).
<br /> 3 "Administrative Rules Pertaining to Historic Preservation in Hawai'i," State of Hawaii, State Historic
<br /> Preservation Division, accessed January 5, 2024,https://dlnr.hawaii.gov/shpd/rules/.
<br />
|