HomeMy WebLinkAboutDLNR_HAR_Chp_13-275 to 13-283DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Chapter 13-275
Hawaii Administrative Rules
October 31, 2002
SUMMARY
Chapter 13-275, Hawaii Administrative Rules,
entitled "Rules Governing Procedures for Historic
Preservation Review for Governmental Projects Covered
Under Sections 6E-7 and 6E-8, HRS", is adopted.
275-1
HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 13
STATE HISTORIC PRESERVATION DIVISION RULES
CHAPTER 275
RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION
REVIEW FOR GOVERNMENTAL PROJECTS COVERED UNDER
SECTIONS 6E-7 AND 6E-8, HRS
§13-275-1 Purpose, applicability, and participants
§13-275-2 Definitions
§13-275-3 Obtaining a determination letter;
generally
§13-275-4 Fees
§13-275-5 Identification and inventory of historic
properties
§13-275-6 Evaluation of significance
§13-275-7 Determining effects to significant
historic properties
§13-275-8 Mitigation
§13-275-9 Verification of completion of the detailed
mitigation plan
§13-275-10 Conclusion of the historic preservation
review process
§13-275-11 Reconsideration of findings after the
process is closed
§13-275-12 Discovery of previously unknown historic
properties during implementation of a
project
§13-275-13 Emergency projects
§13-275-14 Penalty
§13-275-1 Purpose, applicability, and
participants. (a) The purpose of this chapter is to
promote the use and conservation of historic
properties for the education, inspiration, pleasure,
and enrichment of the citizens of Hawaii by presenting
a historic preservation review process for state and
county projects. The review process is designed to
§13-275-1
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identify significant historic properties in project
areas and then to develop and execute plans to handle
impacts to the significant historic properties in the
public interest. The process supports the policy of
chapter 6E, HRS, to preserve, restore, and maintain
historic properties for future generations.
(b) This chapter applies to all state or county
agencies funding or directly undertaking a project, or
having a project undertaken on lands under its
ownership or control which may affect historic
properties, or by a state agency transferring any land
under its jurisdiction which may contain historic
properties. Any proposed project which may affect a
historic property shall not be commenced, or, in the
event it has already begun, continued, until DLNR, as
represented by SHPD, shall have given its written
concurrence. This chapter itemizes the process to
obtain concurrence.
(c) Participants in the historic preservation
review process.
(1) The primary participants in the process are
DLNR, represented by the SHPD, and the
agency with jurisdiction over the project.
The agency has responsibility for complying
with the historic preservation review
process. The agency may have others prepare
the review process items.
(2) Interested persons are those organizations
and individuals that are concerned with the
effect of a project on historic properties.
Provisions in these rules enable interested
persons to participate in the process.
[Eff ] (Auth: HRS §6E-3)
(Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-8)
§13-275-2 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.
"Archaeological inventory survey" means the
identification and documentation of archaeological
historic properties and burial sites in a delineated
§13-275-2
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area, gathering sufficient information to evaluate
significance of the historic properties and burial
sites, and compiling the information into a written
report for review and acceptance by the department.
"Architectural inventory survey" means the
identification and documentation of architectural
historic properties in a delineated area and providing
the information to the department.
"Architectural recordation" means the form of
mitigation that records and analyzes through
architectural study a reasonable and adequate amount
of the information about 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.
"Consensus determination" means the evaluation of
a historic property’s significance, arrived at by the
consensus of the SHPD and the agency.
"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.
"Detailed mitigation plan" means the specific
plan for mitigation, including, but not limited to, a
preservation plan, an archaeological data recovery
plan, an ethnographic documentation plan, a historic
data recovery plan, a burial treatment plan, and an
architectural recordation plan. The detailed
mitigation plan serves as a scope of work for
mitigation.
"Determination letter" means the SHPD’s written
response which either concurs or does not concur with
an agency’s proposed project.
"Ethnographic documentation" means the form of
mitigation that records and analyzes a reasonable and
adequate amount of information about a significant
historic property, through interviews with
knowledgeable individuals and the study of historical
source materials.
§13-275-2
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"Ethnographic inventory survey" means the
identification and documentation of historic
properties in a delineated area, gathering information
through interviews with individuals knowledgeable
about the area and a study of historical source
materials.
"Hawaii historic places review board" means the
governor appointed board established by section 6E-
5.5, HRS.
"Historic data recovery" means the form of
mitigation that records, compiles, and analyzes a
reasonable and adequate amount of information about a
significant historic property prior to its
destruction, through the study of historical source
materials.
"Historic property" means any building,
structure, object, district, area, or site, including
heiau and underwater site, which is over fifty years
old.
"Interested persons" means those organizations
and individuals that are concerned with the effect of
a project on historic properties.
"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 documentation,
historic data recovery, and architectural recordation.
"Mitigation commitment" means the commitment to
the form of mitigation to be undertaken for each
significant historic property.
"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.
§13-275-3
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"Significant historic property" means any
historic property that meets the criteria of the
Hawaii register of historic places or the criteria
enumerated in subsections 13-275-6(b) or 13-284-6(b).
"State historic preservation division" or "SHPD"
means the state historic preservation division within
the state department of land and natural resources.
[Eff ] (Auth: HRS §6E-3) (Imp:
HRS §§6E-1, 6E-3, 6E-7, 6E-8)
§13-275-3 Obtaining a determination letter;
generally. (a) For the department to provide a
letter of determination, an agency proposing a project
which may have an effect upon historic properties
shall notify the department of the proposed project
and request a letter of determination. Upon the
request of the department, the agency shall provide
the department with information as to the number of
historic properties within a proposed project area,
their significance, the impact of the proposed project
on the historic properties, and any proposed
mitigation measures. Upon receipt of adequate
information the department will provide a
determination letter within ninety days. Any agency
involved in the historic preservation review process
shall consult and obtain the written approval of the
SHPD at each step of the review. Once concurrence is
received, the agency may begin the project. In cases
where interim protection plans are adequately in place
or data recovery fieldwork has been adequately
completed, a determination letter may be issued.
(b) The review steps, to be described in greater
detail in the following sections, are as follows:
(1) Identification and inventory, to determine
if historic properties are present in the
project’s area and, if so, to identify and
document (inventory) them;
(2) Evaluation of significance;
(3) Effect (impact) determination;
(4) Mitigation commitments, committing to
acceptable forms of mitigation in order to
properly handle or minimize impacts to
significant properties;
(5) Detailed mitigation plan, scope of work to
properly carry-out the general mitigation
commitments; and
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(6) Verification of completion of detailed
mitigation plan.
(c) Documents for review steps one through four
shall be submitted concurrently.
(d) A receipt date will be stamped on all review
documents received by the SHPD.
(e) The SHPD shall send its written comments on
each step’s submittal to the agency within the amount
of time specified under each section of this chapter,
or by a mutually agreed upon date. Copies of SHPD
written comments will also be sent to any interested
persons who have expressed concerns with the project
by that point in the process. If the SHPD fails to
send written comments within the set time, or by a
mutually agreed upon date, then the SHPD is presumed
to concur with the agency’s submittal.
(f) The SHPD shall consider interested persons’
comments on any submittals’ acceptability in
accordance with this chapter and chapters 13-276
through 13-283. Comments must be submitted in writing
to the SHPD within thirty days of the SHPD’s posting a
notice of "no historic properties affected"
determination or posting a notice of SHPD receipt of
information. The SHPD shall post notice every Friday
of receipt of relevant documents and of issuance of
SHPD "no historic properties affected" or receipt of
information. The notice shall be posted at the SHPD
office and on the SHPD’s website. Should the office
be closed on any Friday as a result of a holiday or
some type of disaster, the information shall be posted
on the first following working day. Interested
persons shall contact the SHPD to obtain copies of
this notice, or to find locations of documents, should
they wish to review them.
(g) If the agency or interested persons disagree
with the accuracy of the SHPD’s determination and if
disagreements cannot be resolved through meetings with
the SHPD, an appeal may be made to the Hawaii historic
places review board within thirty days of the SHPD’s
determination letter. An appeal is initiated by a
written request to the Hawaii historic places review
board to appeal a SHPD determination.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-3, 6E-7, 6E-8)
§13-275-4 Fees. (a) The division may require a
$25 filing fee per request for a determination letter.
§13-275-5
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In addition, filing fees will be charged for the
following:
(1) $50 for an archaeological assessment report;
(2) $150 for an archaeological inventory survey
plan;
(3) $450 for an archaeological, architectural or
ethnographic inventory survey report;
(4) $150 for a preservation plan;
(5) $25 for a monitoring plan;
(6) $150 for an archaeological data recovery
plan;
(7) $250 for a burial treatment plan;
(8) $100 for a monitoring report, if resources
are reported;
(9) $450 for an archaeological data recovery
report;
(10) $450 for an ethnographic documentation
report;
(11) $25 for a burial disinterment report; and
(12) $50 for an osteological analysis report.
(b) Preservation plans submitted to the division
for review will be charged for each of the above plans
they contain.
(c) Reports or plans submitted to the SHPD for
review shall be accompanied by the appropriate fee.
Reports or plans will not be considered received or
reviewed, until the filing fees are paid.
(d) No fee will be charged for the review of any
revisions to a previously submitted plan or report.
(e) All fees shall be payable to the Hawaii
historic preservation special fund.
[Eff ] (Auth: HRS §§6E-3, 6E-16)
(Imp: HRS §§6E-3, 6E-16)
§13-275-5 Identification and inventory of
historic properties. (a) The agency shall be
responsible for determining whether historic
properties are present in the project area and, if so,
to properly identify and inventory the properties.
(b) An agency shall first consult the SHPD to
determine if the area proposed for the project needs
to undergo an inventory survey to determine if
historic properties are present. The tax map key for
the parcel or parcels involved and a map shall be
submitted to the SHPD to locate and define the
boundaries of the project area. The SHPD shall supply
a response in writing within thirty days of the
receipt of the initiating
§13-275-5
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request at the SHPD office. This response shall
include a justification by the SHPD for its
conclusion.
(1)If the SHPD concludes that no significant
historic sites are likely to be present then
the SHPD will make this determination in the
form of a "no historic properties affected"
letter within thirty days of receipt of the
request.
(2)Alternatively, the agency can submit
documents claiming no significant historic
sites are likely to be present. The
document must present supportive evidence
documenting any land altering activities
(including areal extent and depth of
disturbances) and documenting the likely
nature and depth of historic properties that
may have once existed in the area. The SHPD
shall respond in writing within thirty days
of receipt of the request.
(A)If the SHPD agrees that no significant
historic properties are present, then
the SHPD shall issue a written
concurrence to the agency in the form
of a "no historic properties affected"
determination and historic preservation
review ends; or
(B)If the SHPD does not find the
documentation satisfactory, then a
letter shall be sent to the agency
specifying why. To proceed with the
review process, the agency shall
correct the problems, consulting with
the SHPD as needed, and resubmit the
documentation or shall conduct an
inventory survey, whichever is
required.
(3)The SHPD will make all "no historic
properties affected" determinations
available to interested persons by posting
notice every Friday of all such
determinations either at the SHPD office or
on the SHPD website. Should the office be
closed on any Friday as a result of a
holiday or some type of disaster, the
information shall be posted on the first
following working day. Interested persons
have the opportunity to submit written
comments on such determinations within
thirty days of the notice’s posting. Should
historic properties be reported to the
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SHPD during these thirty days the SHPD may
reconsider its concurrence under the
provisions of section 13-275-11.
(4)If the SHPD determines that an adequate
survey exists and that historic properties
are present, then the agency shall proceed
to the next step in the review process,
evaluation of the significance of the
historic properties according to section 13-
275-6.
(5)If the SHPD concludes an inventory survey
needs to be done, this survey shall identify
all historic properties and gather enough
information to evaluate the properties’
significance. Inventory surveys fall into
three main categories, and the SHPD will
indicate which category or combination of
categories is needed.
(A) An archaeological inventory survey may
be undertaken when the SHPD concludes
that archaeological properties are
present or are likely to be present.
Archaeological survey often involves
detailed field mapping and test
excavations, laboratory analyses, and
interpretive studies. An
archaeological permit, issued by the
SHPD, as set forth in chapter 13-282,
is required for this survey and any
lesser level of archaeological survey
work. The survey must be directed by a
qualified archaeologist who meets the
qualifications set forth in chapter 13-
281. Results of the survey shall be
reported either through an
archaeological assessment, if no sites
were found, or an archaeological survey
report which meets the minimum
standards set forth in chapter 13-276.
An archaeological assessment shall
include the information on the property
and the survey methodology as set forth
in subsections 13-276-5(a) and (c), as
well as a brief background section
discussing the former landuse and types
of sites that might have been
previously present.
(B) An ethnographic survey may be
undertaken when the SHPD concludes that
historic
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properties which may be significant
under criterion "e" of paragraph 13-
275-6(b)(5)are present or are likely to
be present within the project area and
when the project area is known to have
been used by members of an ethnic
community at least fifty years ago or
by preceding generations. Guidelines
for this survey can be obtained from
the SHPD. The survey must be directed
by a qualified ethnographer who meets
the qualifications set forth in chapter
13-281.
(C) An architectural inventory survey may
be undertaken when the SHPD concludes
that historic buildings, structures,
objects, or districts are present or
are likely to be present within the
project area. Information shall be of
sufficient quality to either complete a
National Register of Historic Places
nomination form, or have SHPD agree it
provides an adequate basis for making
historic preservation decisions. The
survey must be directed by a qualified
historian, architect or architectural
historian who meets the qualifications
set forth in chapter 13-281.
(c) Should the SHPD believe unusual
archaeological conditions may be present in a project
area, such as the presence of paleo-environmental
materials or historic archaeology, the division may
require an inventory plan be submitted for approval
prior to the undertaking of any inventory survey work.
This plan shall include, but not be limited to:
(1) All the information required in subsections
13-276-5 (a) and (b) which identifies the
project area, identifies the project owner,
describes the environment, provides the
results of background research, as
appropriate, and reviews any relevant prior
archaeological studies.
(2) A research design for the identification of
historic properties within the project area.
This would be a section on the methods to be
used in the archaeological field survey
which shall include:
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(A)The names and qualifications of the
principal investigator;
(B)The anticipated number of field
personnel, and any specialized
qualifications which they might
possess;
(C)The anticipated duration of time for the
survey;
(D)The extent of survey coverage, as
appropriate. If the coverage is to be
less than one hundred percent, the
rationale for the sample (the sampling
design) must be presented in a careful
discussion. Sampling designs which
include analysis of possible subsurface
sites under sand dunes, urban fill, and
other areas must also be presented
here;
(E)A discussion of any factors which might
limit the survey effort, if
appropriate;
(F)The techniques to be used to identify
archaeological properties (transects,
sweeps, test excavations, augering,
etc.);
(G)The anticipated extent of historic
property recording (mapping, measuring,
photographing, test excavations) and
the techniques to be used, with the
rationale for these techniques given,
if appropriate; and
(H)The method to be used to plot site
location, if appropriate.
(3)Information obtained through the consultation
process with individuals knowledgeable about
the project area’s history, if discussions
with the SHPD, background research or public
input indicate a need to consult with
knowledgeable individuals. This section
would include all the information required
in subsection 13-276-5(g).
(d) If an inventory plan is required, once it is
completed, one copy of the inventory plan shall be
submitted to the SHPD for review. The plan shall meet
the above requirements. The SHPD shall inform the
agency within thirty days of receipt of the plan if
the information contained in the plan is adequate or
inadequate.
(1)Any interested persons may comment on the
plan. Comments must be submitted in writing
to the SHPD within thirty days of the SHPD
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posting notice of the receipt of the plan.
The SHPD shall take all comments into
consideration when issuing its determination
letter. In the event comments are received
after the issuance of the determination
letter, the SHPD may reconsider its
determination under the provisions of
section 13-275-11.
(2)If the SHPD determines that the plan is
inadequate, then a letter shall be sent to
the agency stating why the plan is
inadequate. To proceed with the review
process, the agency shall correct the
problems, consulting with the SHPD as needed
to resolve differences, and resubmit the
results.
(3)If the SHPD finds the plan adequate, then the
agency will be sent a written notice of
acceptance.
(e) If an inventory survey is needed, once it is
completed, one copy of the inventory survey report or,
if appropriate, an archaeological assessment shall be
submitted to the SHPD for review. The report shall
meet the requirements noted in chapter 13-276 for
archaeology; shall conform with the SHPD guidelines for
ethnography; or shall meet the requirements to
complete a National Register of Historic Places
nomination form or forms for architecture. When
consultation is required, as specified in any of the
reporting rules or guidelines for surveys, the report
will include a summary of the consultation. The SHPD
shall inform the agency within forty five days of
receipt of the report or archaeological assessment if
the information contained in the report or
archaeological assessment is adequate or inadequate.
(1)Any interested persons may comment on the
survey report or archaeological assessment.
Comments must be submitted in writing to the
SHPD within thirty days of the SHPD posting
notice of the receipt of the report or
assessment. The SHPD shall take all
comments into consideration when issuing its
determination letter. In the event comments
are received after the issuance of the
determination letter, the SHPD may
reconsider its determination under the
provisions of section 13-275-11.
§13-275-6
275-13
(2)If the SHPD determines that the survey,
report, or assessment is inadequate (e.g.,
survey failed to cover the entire project
area, historic properties are incompletely
described, etc.), then a letter shall be
sent to the agency stating why the inventory
survey is inadequate. To proceed with the
review process, the agency shall correct the
problems, consulting with the SHPD as needed
to resolve differences, and resubmit the
results.
(3)If the SHPD finds the report or
archaeological assessment adequate, then the
agency will be sent a written notice of
acceptance. Once the survey report or
archaeological assessment is accepted, seven
copies of the report or assessment shall be
provided by the agency to the following
repositories: two copies shall be sent to
the SHPD library with one copy going to the
relevant SHPD neighbor island office’s
library, one copy shall be sent to the
University of Hawaii at Manoa Hamilton
Library Pacific Collection, one copy shall
be sent to the Bishop Museum library, one
copy shall be sent to the University of
Hawaii at Hilo library, one copy shall be
sent to the Maui Community College library,
and one copy sent to the Kauai Community
College library.
(f) If the SHPD gives the archaeological
assessment or report final acceptance and if no
historic properties are present, then historic
preservation review ends and the SHPD shall include in
the notice of final acceptance its written concurrence
to the project in the form of a "no historic
properties affected" determination.
(g) If the SHPD finds the report adequate and
historic properties are present, then the significance
of each property shall be evaluated as discussed in
the following section. [Eff ] (Auth:
HRS §§6E-3, 6E-7, 6E-8) (Imp: HRS §§6E-1, 6E-3, 6E-
7, 6E-8)
§13-275-6 Evaluation of significance. (a) Once
a historic property is identified, then an assessment
of significance shall occur. The agency shall make
this assessment or delegate this assessment, in
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writing, to the SHPD. This information shall be
submitted in the survey report, if historic properties
were found through the survey.
(b) To be significant, a historic property shall
possess integrity of location, design, setting,
materials, workmanship, feeling, and association and
shall meet one or more of the following criterion:
(1)Criterion "a". Be associated with events
that have made an important contribution to
the broad patterns of our history;
(2)Criterion "b". Be associated with the lives
of persons important in our past;
(3)Criterion "c". Embody the distinctive
characteristics of a type, period, or method
of construction, represent the work of a
master, or possess high artistic value;
(4)Criterion "d". Have yielded, or is likely to
yield, information important for research on
prehistory or history; or
(5)Criterion "e". Have an important value to
the native Hawaiian people or to another
ethnic group of the state due to
associations with cultural practices once
carried out, or still carried out, at the
property or due to associations with
traditional beliefs, events or oral
accounts--these associations being important
to the group’s history and cultural
identity.
A group of sites can be collectively argued to be
significant under any of the criteria.
(c) Prior to submission of significance
evaluations for properties other than architectural
properties, the agency shall consult with ethnic
organizations or members of the ethnic group for whom
some of the historic properties may have significance
under criterion "e" to seek their views on the
significance evaluations. For native Hawaiian
properties which may have significance under criterion
"e" the Office of Hawaiian Affairs also shall be
consulted.
(d) Significance assessments shall be submitted
to the SHPD for review. The concurrence of the SHPD
is required before significance is finalized. The
SHPD shall agree or disagree with the significance
evaluations within forty five days of receipt of the
significance evaluations.
§13-275-6
275-15
(1)The assessment shall:
(A)Present a table which lists each
historic property and identifies all
applicable criteria of significance for
each property;
(B)Provide justification for classifying
the property within these criteria, it
being allowable to make this
justification general for similar types
of archaeological sites; and
(C)Provide evidence of any consultation
shall be submitted with the assessment,
to include:
(i) A description of the consultation
process used;
(ii) A list of the individuals or
organizations contacted; and
(iii) A summary of the views and
concerns
expressed.
(2)If the SHPD disagrees with the initial
significance assessments or if it believes
more information is needed to evaluate the
significance of a historic property, a
letter shall be sent to the agency
presenting the SHPD’s findings. To proceed
with the review process, the agency shall
correct the problems, consulting with the
SHPD as needed to resolve differences, and
resubmit the initial significance
assessments.
(3)If the SHPD agrees with the initial
significance assessments, a letter of
agreement shall be sent to the agency. Once
agreement is reached on significance of the
properties, the SHPD shall enter all
significance assessments in the Hawaii
inventory of historic places, as consensus
determinations.
(e) If there is an agreement that none of the
historic properties are significant, then historic
preservation review ends and SHPD shall issue its
written concurrence to the project in the form of a
"no historic properties affected" determination. When
significant historic properties are present, then
impacts of the proposed action on these properties
shall be assessed, and mitigation commitments shall be
devised as needed. [Eff ] (Auth:
HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-8)
§13-275-7
275-16
§13-275-7 Determining effects to significant
historic properties. (a) The effects or impacts of a
project on significant properties shall be determined
by the agency. Effects include direct as well as
indirect impacts. One of the following effect
determinations must be established:
(1)"No historic properties affected". The
project will have no effect on significant
historic properties; or
(2)"Effect, with proposed mitigation
commitments". The project will affect one
or more significant historic properties, and
the effects will be potentially harmful.
However, the agency has proposed mitigation
commitments involving one or more forms of
mitigation to reasonably and acceptably
mitigate the harmful effects.
(b) Effects include, but are not limited to,
partial or total destruction or alteration of the
historic property, detrimental alteration of the
properties’ surrounding environment, detrimental
visual, spatial, noise or atmospheric impingement,
increasing access with the chances of resulting
damage, and neglect resulting in deterioration or
destruction.
(c) Effect determinations shall be submitted to
SHPD for review and approval. The determinations
shall include a map showing the location of the
project and a general discussion of the project’s
scope of work, so the nature of possible effects can
be understood.
(1)If the SHPD disagrees with the effect
determinations, a letter that specifies the
disagreements shall be sent within forty
five days of SHPD receipt of the effect
determinations. To proceed with the review
process, the agency shall correct the
problems, consulting with the SHPD as needed
to resolve differences, and resubmit the
effect determinations.
(2)If the SHPD agrees with the effect
determinations, the SHPD shall send a letter
of agreement within forty five days of SHPD
receipt of the effect determinations.
(d) No historic properties affected
determinations for architectural properties shall be
expedited when the SHPD agrees with the agency that
minor changes to a building or structure will not
affect its significant character. Because these
changes are typically non-controversial and require
§13-275-8
275-17
prompt processing, the SHPD shall write its
concurrence as a "no historic properties affected"
determination.
(1)The SHPD shall post notifications of any such
"no historic properties affected"
determinations every Friday either at the
SHPD office or on the SHPD website. Should
the office be closed on any Friday as a
result of a holiday or some type of
disaster, the information shall be posted on
the first following working day.
(2)Interested persons have the opportunity to
comment on such determinations within thirty
days. At the end of thirty days if
objections to the minor changes to the
properties are submitted, the SHPD may
reconsider its findings under the provisions
of section 13-275-11.
(e) When the SHPD agrees that the action will
not affect any significant historic properties, this
is the SHPD’s written concurrence and historic
preservation review ends. If the project will have an
"effect, with proposed mitigation commitments", then
mitigation commitments and detailed mitigation plans
shall be developed by the agency and approved by SHPD,
as discussed in the following section.
[Eff ] (Auth: HRS §6E-3) (Imp:
HRS §§6E-1, 6E-3, 6E-7, 6E-8)
§13-275-8 Mitigation. (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.
§13-275-8
275-18
(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
§13-275-8
275-19
(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 non-
judicial 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:
§13-275-8
275-20
(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.
§13-275-8
275-21
(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.
§13-275-8
275-22
(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.
[Eff ] (Auth: HRS §6E-3)
(Imp: HRS §§6E-1, 6E-3, 6E-5.5, 6E-7, 6E-8)
§13-275-9 Verification of completion of the
detailed mitigation plan. (a) Once the detailed
mitigation plans are carried out, a request for
verification shall be submitted by the agency to the
SHPD. This request shall document completion of the
detailed mitigation plans’ tasks--usually in the form
of a completion report, with one copy submitted. For
archaeological data recovery, a data recovery report
that meets the minimum standards set forth in chapter
13-278 shall be submitted to SHPD for review and
approval.
(b) If the SHPD disagrees that the work has been
successfully completed, it shall send a letter noting
uncompleted tasks or inadequately completed tasks
within forty five days of receipt of the request. To
proceed with the review process, the agency shall
correct the problems, consulting with the SHPD as
needed to resolve differences, and resubmit the
completion report.
(c) If the SHPD agrees that the work has been
successfully concluded, SHPD shall send a verification
letter within forty five days and the historic
preservation process is concluded.
(d) In cases involving preservation,
archaeological data recovery, or architectural
recordation, the agency has the option to request an
accelerated, two step verification, understanding that
construction projects often need to proceed rapidly
and that a completion report is often finished months
after fieldwork is completed.
(1)Step 1. The agency shall submit
documentation to the SHPD indicating that
data recovery fieldwork, architectural
recordation, or interim protection measures
for properties to be preserved have been
successfully completed. The SHPD writes a
§13-275-9
275-23
letter within thirty days to the agency
agreeing and stating construction may
proceed, with the understanding that Step 2
must be completed to conclude the historic
preservation process. If the measures have
not been successfully completed, the SHPD
shall write a letter within thirty days to
the agency indicating what needs to be
completed. To proceed with the review
process, the agency shall correct the
problems, consulting with the SHPD as needed
to resolve differences, and resubmit the
documentation.
(2)Step 2. The agency shall submit to the SHPD
a completion report for the data recovery
work, architectural recordation, or final
preservation work. The SHPD shall write a
letter to the agency within thirty days
stating the completion report is acceptable
and that the historic preservation process
is concluded. If the completion report is
not acceptable, the SHPD shall write a
letter within thirty days to the agency
indicating needed changes. To proceed with
the review process, the agency shall correct
the problems, consulting with the SHPD as
needed to resolve differences, and resubmit
the completion report.
(e) In cases involving solely historic data
recovery or ethnographic documentation where no field
study of the historic property or properties is to
occur, the agency has the option to request an
accelerated verification process to proceed with the
construction project and to submit a completion report
at a later date, agreed upon with the SHPD. The
agency shall submit the request in writing to the SHPD
with reasons and with a date for submittal of the
completion report. If the SHPD agrees, it shall send
a letter to the agency within thirty days stating
construction may proceed, with the agreement that the
report shall be submitted to the SHPD by the agreed
upon date and shall then be reviewed in accordance
with subsections 13-275-9(a) through (c). If the SHPD
does not agree with the request, the SHPD shall write
a letter within thirty days to the agency indicating
the SHPD’s concerns. If the agency wishes to proceed
with the accelerated verification process, the agency
shall correct the problems, consulting with the SHPD
as needed to
§13-275-9
275-24
resolve differences, and resubmit the request.
(f) Once a final report is accepted, the agency
shall ensure that seven copies are made available to
the same repositories as the survey reports as noted
in paragraph 13-275-5(e)(3). [Eff ]
(Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-
8)
§13-275-10 Conclusion of the historic
preservation review process. The historic
preservation review process ends when:
(1)The SHPD agrees that adequate procedures have
been taken to determine if historic
properties are likely to be present in the
project area, and no historic properties are
found to be present or historic properties
are considered unlikely to be present;
(2)The SHPD agrees that no historic properties
will be affected by the project; or
(3)The SHPD agrees to a detailed mitigation plan
to handle an effect to significant historic
properties that are present and this plan is
verified by the SHPD to have been
successfully executed. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §§6E-1,
6E-3, 6E-7, 6E-8)
§13-275-11 Reconsideration of findings after the
process is closed. (a) The SHPD shall reconsider the
findings under sections 13-275-5 (adequate
identification and inventory procedures), 13-275-6
(significance evaluations), 13-275-7 (determination of
effects), and 13-275-8 (mitigation), when new
information is submitted by an interested party with a
request for reconsideration. To be considered, the
inquiry must address a specific problem in the
findings with supportive new evidence presented. The
agency conducting the project shall be promptly
notified by the SHPD of the request for
reconsideration. An inquiry to the SHPD will not
suspend action on a project, but the agency shall take
all measures to avoid adverse effects to significant
historic properties while the SHPD is reviewing a
request. Within ten working days of receipt of the
request at the SHPD office, the SHPD shall advise in
writing the
§13-275-13
275-25
interested party and the agency undertaking the
project of the SHPD conclusions.
(b) If the SHPD conclusions identify an
inaccurate significance evaluation, an inappropriate
general mitigation commitment, or a flaw in the
detailed mitigation plan, then the SHPD and the agency
undertaking the project shall attempt to reach
agreement on how to correct the problem. If agreement
cannot be reached within ten working days, the Hawaii
historic places review board shall be asked for their
advice. The review board shall provide their advice
within thirty days after receiving a request. [Eff
] (Auth: HRS §6E-3) (Imp: HRS
§§6E-1, 6E-3, 6E-5.5, 6E-7, 6E-8)
§13-275-12 Discovery of previously unknown
historic properties during implementation of a
project. If a previously unknown historic property is
found after the acceptance of the inventory report or
during the implementation of a project, then the
historic preservation review process is reopened.
This action, however, applies only to the immediate
area where a historic property is discovered, and the
historic preservation review process is accelerated,
following the procedures of chapter 13-280. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-7,
6E-8)
§13-275-13 Emergency projects. (a) When an
agency proposes an emergency project as an essential
and immediate response to an imminent threat to public
health, safety, or welfare as a result of natural
disaster or state of emergency as provided by law, the
agency shall consult with the SHPD to attempt to
develop consensus plans to take into account the
effect of the project on significant historic
properties. This consensus shall be reached within
three working days. If consensus is not reached,
appeal to the governor for an immediate decision shall
occur.
(b) This section does not apply to projects that
will not be implemented within thirty days after the
disaster or emergency. Such projects shall be
reviewed in accordance with the normal historic
preservation review process. [Eff ]
(Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-
8)
§13-275-14
275-26
§13-275-14 Penalty. Any violation of this
chapter may result in denial or revocation of the
SHPD’s written concurrence or agreement, and
prosecution under Section 6E-11, Hawaii Revised
Statutes. [Eff ] (Auth: HRS §6E-3)
(Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-8, 6E-11)
275-27
DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-275, Hawaii Administrative Rules, on
the Summary Page dated October 31, 2002, was adopted
November 15, 2002, following public hearings held on
the islands of Kauai on August 20, 2002, Hawaii on
August 21 and 22, 2002, Maui on August 26, 2002,
Molokai on August 27, 2002, Oahu on August 28, 2002,
and Lanai on August 29, 2002, after public notice was
given in the Honolulu Star Bulletin, Hawaii Tribune
Herald, West Hawaii Today, Maui News, and the Garden
Isle on July 21, 2002.
The adoption of chapter 13-275 shall take effect
ten days after filing with the Office of the
Lieutenant Governor.
Peter T. Young,
Chairperson
Board of Land and Natural
Resources
APPROVED:
Linda Lingle, Governor
State of Hawaii
Dated:
APPROVED AS TO FORM:
Deputy Attorney General
Filed
DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Chapter 13-276
Hawaii Administrative Rules
October 31, 2002
SUMMARY
Chapter 13-276, Hawaii Administrative Rules,
entitled "Rules Governing Standards for Archaeological
Inventory Surveys and Reports", is adopted.
276-1
HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 13
STATE HISTORIC PRESERVATION DIVISION RULES
CHAPTER 276
RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL INVENTORY
SURVEYS AND REPORTS
§13-276-1 Policy and purpose
§13-276-2 Definitions
§13-276-3 Archaeological inventory survey,
generally
§13-276-4 Archaeological field survey
§13-276-5 Archaeological inventory survey report
§13-276-6 Final disposition of collections
§13-276-7 Significance assessments
§13-276-8 Recommendations
§13-276-9 Penalty
§13-276-1 Policy and purpose. This chapter
establishes standards for archaeological inventory
surveys and reports required by chapters 13-275 and
13-284 for the historic preservation review process.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-1, 6E-3, 6E-7, 6E-8, 6E-42)
§13-276-2 Definitions. As used in this chapter
unless the context requires otherwise:
"Ahupua`a" means a traditional Hawaiian land
division usually extending from the mountain to the
sea.
"Archaeological inventory survey" means the
process of identifying and documenting the
archaeological historic properties and burial sites in
a delineated area, gathering sufficient information to
evaluate significance of the historic properties and
burial sites, and compiling the information into a
§13-276-2
276-2
written report for review and acceptance by the
department.
"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.
"Person" means any individual, firm, association,
agency, organization, partnership, estate, trust,
corporation, company, or governmental unit that is
proposing a project.
"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.
"State historic preservation division" or "SHPD"
means the state historic preservation division within
the state department of land and natural resources.
[Eff ] (Auth: HRS §§6E-2, 6E-3, 6E-
7, 6E-8, 6E-42) (Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-8,
6E-42)
§13-276-4
276-3
§13-276-3 Archaeological inventory survey,
generally. An archaeological inventory survey shall:
(1)Determine if archaeological historic
properties are present in the project area
and, if so, identify all such historic
properties.
(2)Gather sufficient information to evaluate
each historic property’s significance in
accordance with the significance criteria
listed in subsection 13-275-6(b).
[Eff ] (Auth: HRS §6E-3)
(Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-8, 6E-42)
§13-276-4 Archaeological field survey. (a)
Portions of the project area that have no adequate
inventory survey reports prepared for them shall
undergo archaeological inventory survey to determine
whether archaeological historic properties are present
and, if so, to present their description,
interpretation, and location. The entire surface of
the project area shall be visually inspected, and any
proposed deviations from this level of inspection
shall be approved by SHPD prior to implementation.
(b) The presence or absence of subsurface sites
shall be evaluated for areas which have no visible
historic properties. This evaluation shall include
findings of test excavations, if deemed necessary by
the department, or a conclusion, with supportive
documentation, that historic properties are not
anticipated to be present.
(c) Test excavations shall be undertaken on
historic properties, or features of properties, that
have several possible alternative functions based on
surface examination to provide additional information
that might help to resolve the question of property or
feature function. Recordation of such excavations and
any necessary laboratory analysis of recovered
materials shall be undertaken as part of the
archaeological inventory survey. If human skeletal
remains are found, they shall not be disturbed,
excavations shall be backfilled, and SHPD notified as
soon as possible. Archaeological historic properties,
or features of properties, that are highly probable to
be burials based on surface examination shall not
undergo test excavation without authorization from the
department.
§13-276-4
276-4
(d) If 100% of the proposed project’s surface
area is not inventoried, sampling strategies need
prior approval from the department. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-7,
6E-8, 6E-42)
§13-276-5 Archaeological inventory survey
report. (a) An archaeological inventory survey
report shall be prepared to record and synthesize the
data gathered from background research, field survey
and consultation process with knowledgeable
individuals. The report shall include:
(1)Identification of the survey area:
(A)On a 1:24000 scale United States
Geological Survey quadrangle map, or on
a portion or an enlargement of a
portion of this map; and
(B)In the text, stating the island,
district and ahupua`a of the area and
the tax map key (TMK) and acreage of
the parcel.
(2)Identification of the owner or owners of the
parcel; and
(3)A description of the environment, to include:
(A)Topography (including general
elevations, distance inland, and
general terrain patterns);
(B)Vegetation;
(C)Geology and soils;
(D)Climate, including rainfall; and
(E)Hydrology.
(b) The report shall contain a section on
background research which shall be used to predict the
kinds and distributions of historic properties that
might still be present and to provide a context for
understanding and evaluating the significance of any
historic properties that are found. The background
section of the report shall include:
(1)Historic background information, which shall:
(A)Present findings on land use and site
patterns for the project area and
either ahupua`a or other appropriate
areas as determined in consultation
with the SHPD for:
(i)Prehistoric and early historic
times, as revealed by any
§13-276-5
276-5
eighteenth or nineteenth century
literature on Hawaii;
(ii)1848-1851 times, as indicated by
land commission awards; and
(iii)Post-1850 times as revealed in
later literature or through oral
history.
(B)Provide a summary of documents and
materials reviewed during the research;
and
(C)Indicate:
(i)Whether any land commission awards
were granted within the project
area and within either the
ahupua`a in which the project area
is located or other appropriate
areas as determined in
consultation with SHPD; and
(ii)If awards were granted within the
ahupua`a or other appropriate
areas as determined in
consultation with SHPD, specify
the number of these awards, their
LCA number, the use of each plot
or apana awarded, and locate the
awards on a map whenever possible.
(2)Archaeological background information, which
shall review any relevant prior
archaeological studies in the project area
and in either the ahupua`a in which the
project is located or other relevant areas
as determined in consultation with SHPD. At
a minimum, the SHPD library shall be
consulted for prior studies. If no studies
exist, the archaeological inventory survey
report shall so state this fact. If studies
exist, the findings shall be summarized.
This summary shall include:
(A)The areal extent of the prior survey
coverage indicated on a map;
(B)A synthesis and analysis of information
on the project area and its related
lands’ chronology, function and land
use patterns, reconciling, as needed,
the historical and archaeological
information; and
§13-276-5
276-6
(C)Predictions as to types of sites
expected to be encountered during field
survey.
(3)If an inventory plan was submitted to, and
approved by, the SHPD, the information in
this section may be omitted from the
inventory report.
(c) The report shall contain a section on
methods used in the archaeological field survey which
shall include:
(1)The names and qualifications of the principal
investigator;
(2)The number of field personnel, the dates when
the survey was performed and the duration of
time for the survey;
(3)The extent of survey coverage. If the
coverage was less than one hundred percent,
the rationale for the sample (the sampling
design) must be presented in a careful
discussion. Sampling designs which included
analysis of possible subsurface sites under
sand dunes, urban fill, and other areas must
also be presented here;`
(4)A discussion of any factors which limited the
survey effort;
(5)The techniques used to identify
archaeological properties (transects,
sweeps, test excavations, augering, etc.);
(6)The extent of historic property recording
(mapping, measuring, photographing, test
excavations) and the techniques used, with
the rationale for these techniques given;
(7)The method used to plot site location; and
(8)The method used to determine a site and its
boundaries.
(d) The report shall contain a section on its
archaeological field survey and laboratory findings.
Each archaeological property found shall be
individually described as follows:
(1)A state inventory number and any previous
numbers;
(2)A reference to a previous study, if the
property has been previously recorded;
(3)The property’s formal type (e.g., C-shaped
enclosure, platform, enclosure, wall,
paving, etc.). If it has several major
features, then each of these should be noted
(e.g., 3
§13-276-5
276-7
C-shaped enclosures, 1 platform, 4
stone cairns); and
(4)A description of each property, to include:
(A)Size, horizontal extent;
(B)Shape, materials, methods of
construction, and area of the major
feature or features with representative
architectural heights and widths, etc.,
(in metrics);
(C)The presence or absence of surface
remains (artifacts, midden, debris,
etc.), and if present, the general
nature of these remains and their
density and distribution;
(D)The presence or absence of any
subsurface deposits, and if present, an
assessment of the general depth and
nature of the deposits. If test
excavations, augering, etc., occurred,
these results must be presented here
and shall include stratigraphic
information with:
(i)Standard U.S.D.A. soil descriptions
(with Munsell colors); and
(ii)Stratigraphic profile drawings, to
scale, that include observed
surface and subsurface features.
When appropriate, representative
line-drawn profiles, to scale, of
test excavations not through
surface architecture may be used
where no subsurface features are
visible in the excavation side
walls;
(E)Representative photographs,
illustrations, or both;
(F)Drafted plan map to scale, which shall
include major features, and location
and shape of internal features such as
firepits, cupboards, midden deposits, a
bar scale, north arrow, and indicate in
the text the method used (e.g., tape
and compass or type of instrument
mapping);
(G)The integrity of the site;
(H)An assessment of site function or
functions, with reasonable and adequate
supportive arguments. The character of
§13-276-5
276-8
habitation sites shall be clearly
interpreted;
(I)An assessment of site age, with absolute
dating results when available; and
(J)An evaluation of site significance.
(e) The report shall document, describe, and
graphically display any previous land disturbances
(e.g., bulldozing, grubbing by machine, or sugarcane
cultivation) identified during the survey.
(f) The report shall contain a summary of the
findings, to include, but not be restricted to:
(1)Total number of archaeological sites found;
(2)A map or maps locating all the archaeological
properties found and, if practical, their
boundaries, with at least one site location
map being a portion of the relevant United
States Geological Survey standard 1:24,000
topographic map;
(3)A table presenting the sites with their state
number, formal type, and possible function
listed;
(4)If multiple archaeological sites within a
major functional type (such as religious,
burial, permanent habitation, and temporary
habitation site types) are found, summaries
of each type shall occur;
(5)A re-evaluation of ideas on the history of
land use in the ahupua`a and the parcel; and
(6)In cases where more than five sites are
present within a major functional type, the
summary of the functional type shall
include:
(A)A table which itemizes for each site and
its relevant constituent structures the
key variables used to determine the
function (e.g., form, area); and
(B)A map showing the distribution of the
sites within that functional type.
(g) The report shall contain information on the
consultation process with individuals knowledgeable
about the project area’s history, if discussions with
the SHPD, background research or public input indicate
a need to consult with knowledgeable individuals.
(1)Information shall include:
(A)Personnel conducting the consultation
process, with names and qualifications;
(B)Methods of identifying and contacting
knowledgeable persons;
§13-276-7
276-9
(C)Names of knowledgeable persons
consulted, or, if the person wishes to
remain anonymous, a characterization of
the person; and
(D)A summary as to whether additional
archaeological historic properties were
identified during the consultation
process, and whether additional
information on archaeological site
function was obtained during the
consultation process;
(2)Should additional information on site
function be obtained, that information shall
be presented in the site description portion
of the report;
(3)Consult SHPD guidelines on ethnographic
surveys and reports for assistance in
preparing findings from the consultation
process; and
(4)If an inventory plan was submitted to, and
approved by, the SHPD, the information in
this section may be omitted from the
inventory report. [Eff ]
(Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3,
6E-7, 6E-8, 6E-42)
§13-276-6 Final disposition of collections.
(a) All collections, excluding human remains and
grave goods, 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) In the event human skeletal remains are
recovered during survey, final treatment of any such
remains and associated grave goods shall follow the
procedures of section 6E-43, HRS. [Eff ]
(Auth: HRS §§6E-3, 6E-43) (Imp: HRS §§6E-1, 6E-3,
6E-6, 6E-7, 6E-8, 6E-42, 6E-43)
§13-276-7 Significance assessments.
Significance evaluations shall be included in the
survey report. They shall be included at the end of
each site description and in a separate section of the
report,
§13-276-7
276-10
which shall be labeled "Significance Assessments" and
shall include a summary table listing all sites and
their significance. [Eff ] (Auth: HRS
§6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-8, 6E-42)
§13-276-8 Recommendations. Recommendations such
as mitigation commitments shall be included in the
survey report. They shall be included in the summary
table listing all the sites and their significance.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-1, 6E-3, 6E-7, 6E-8, 6E-42)
§13-276-9 Penalty. Non-compliance with the
provisions and procedures established by this chapter
shall result in a directive to the person not to
proceed with project ground alteration, a denial or
revocation of SHPD written concurrence or agreement,
and shall also be penalized as provided in section 6E-
11, HRS, and applicable laws. [Eff ]
(Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-
8, 6E-11)
276-11
DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-276, Hawaii Administrative Rules, on
the Summary Page dated October 31, 2002, was adopted
November 15, 2002, following public hearings held on
the islands of Kauai on August 20, 2002, Hawaii on
August 21 and 22, 2002, Maui on August 26, 2002,
Molokai on August 27, 2002, Oahu on August 28, 2002,
and Lanai on August 29, 2002, after public notice was
given in the Honolulu Star Bulletin, Hawaii Tribune
Herald, West Hawaii Today, Maui News, and the Garden
Isle on July 21, 2002.
The adoption of chapter 13-276 shall take effect
ten days after filing with the Office of the
Lieutenant Governor.
Peter T. Young,
Chairperson
Board of Land and Natural
Resources
Approved:
Linda Lingle, Governor
State of Hawaii
Dated:
APPROVED AS TO FORM:
Deputy Attorney General
Filed
DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Chapter 13-277
Hawaii Administrative Rules
October 31, 2002
SUMMARY
Chapter 13-277, Hawaii Administrative Rules,
entitled "Rules Governing Requirements for
Archaeological Site Preservation and Development",
is adopted.
277-1
HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 13
STATE HISTORIC PRESERVATION DIVISION RULES
CHAPTER 277
RULES GOVERNING REQUIREMENTS FOR ARCHAEOLOGICAL SITE
PRESERVATION AND DEVELOPMENT
§13-277-1 Policy and purpose
§13-277-2 Definitions
§13-277-3 Preservation plan
§13-277-4 Buffer zones
§13-277-5 Interim protection measures
§13-277-6 Long term preservation measures
§13-277-7 Interpretation requirements
§13-277-8 Penalty
§13-277-1 Policy and purpose. This chapter
provides standards for preservation approaches to
ensure proper preservation in the public’s interest.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-3, 6E-7, 6E-8, 6E-42)
§13-277-2 Definitions. As used in this chapter
unless the context requires otherwise:
"Agency" means any state or county governmental
entity.
"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.
"Historic property" means any building,
structure, object, district, area, or site,
including heiau and underwater site, which is over
fifty years old.
§13-277-2
277-2
"Interpretation" means the presentation of
information about an historic property to the
public.
"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 documentation,
historic data recovery, and architectural
recordation.
"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 of historic places or the criteria
enumerated in subsection 13-275-6(b) or 13-284-6(b).
"State historic preservation division" or "SHPD"
means the state historic preservation division
within the state department of land and natural
resources.
[Eff ] (Auth: HRS §6E-3) (Imp:
HRS §§6E-1, 6E-3, 6E-7, 6E-8, 6E-42)
§13-277-3 Preservation plan. A preservation
plan prepared pursuant to chapters 13-275 or 13-284,
shall:
(1) Identify for each significant historic
property which forms of preservation will
be implemented: avoidance and protection
(conservation), stabilization,
rehabilitation, restoration,
reconstruction, interpretation, or
appropriate cultural use;
§13-277-5
277-3
(2) Specify the buffer zones around each
significant historic property and depict
them on a map of sufficient scale;
(3) Specify short-term protection measures for
each significant historic property that
will be within or near a construction area;
(4) Discuss the agency or person’s consultation
process for historic properties deemed
significant under paragraphs 13-275-6(b)(5)
or 13-284-6(b)(5). The agency or person
shall consult with ethnic organizations and
individuals for whom the historic
properties are of significance. The
comments on preservation treatment
expressed by these individuals or
organizations shall be considered when
preparing the preservation plan. The plan
shall include a list of individuals and
organizations consulted, and shall
summarize their input.
(5) Specify the long term preservation measures
to be undertaken at each significant
historic property. [Eff ]
(Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-
3, 6E-7, 6E-8, 6E-42)
§13-277-4 Buffer zones. (a) Buffer zones
shall ensure that the integrity and context of the
historic property is preserved, in many cases
including the visual integrity.
(b) The size of a buffer zone shall be proposed
by the person or agency on a site-by-site basis.
Size will vary with the local terrain, eventual use
of the site, surrounding land uses, the type of
site, and the criterion for which a site is
significant.
(c) The manner in which a buffer zone will be
treated with regards to demarcation, landscaping and
other activities shall be proposed by the person or
agency on a site-by-site basis.
(d) Once approved, buffer zones shall be marked
on overall project maps, and physical markers shall
be placed in the ground delineating the buffers.
[Eff ] (Auth: HRS §6E-3) (Imp:
HRS §§6E-1, 6E-3, 6E-7, 6E-8, 6E-42)
§13-277-5 Interim protection measures. Interim
protection measures shall protect the significant
§13-277-5
277-4
historic property and its buffer zone during
construction activities. Interim measures may
include:
(1) Flagging the perimeter of the buffer zone;
(2) Erecting barriers (such as plastic fencing)
along the buffer zone;
(3) Placing avoidance instructions on
construction plans and specifications;
(4) On-site, pre-construction briefing of the
hired construction firm; and
(5) Having an archaeological monitor on-site
during ground alteration activities. [Eff
] (Auth: HRS §6E-3)
(Imp: HRS §§6E-3, 6E-7, 6E-8, 6E-42)
§13-277-6 Long term preservation measures.
Long term preservation measures shall follow the
appropriate Secretary of the Interior’s Standards
for Historic Preservation Projects. The
preservation plan shall address the following long
term preservation measures:
(1) Maintenance measures to be followed;
(2) Methods for clearing vegetation;
(3) The manner in which litter is controlled;
(4) Access to the site and possible use of the
site for cultural practices, if
appropriate;
(5) Approaches to interpret and inform the
public about the site, if appropriate;
(6) Permanent marked markers, if appropriate;
(7) If appropriate, provisions to address
potential future impacts and site
stability; and
(8) Provisions for reasonable monitoring of
site integrity by the person or agency, and
SHPD inspection to assure compliance.
[Eff ] (Auth: HRS §6E-3)
(Imp: HRS §§6E-3, 6E-7, 6E-8, 6E-42)
§13-277-7 Interpretation requirements. (a)
When using interpretive text for signs, brochures,
etc., the text shall be reviewed and approved by
SHPD.
(b) Interpretive signs shall be:
(1) Of sufficient quality to enhance public
understanding of the site;
(2) Culturally sensitive, based on consultation
with appropriate organizations and
individuals; and
§13-277-8
277-5
(3) Located so as not to adversely affect the
site visually.
(c) Any data recovery work to improve the
interpretation of the site shall meet the standards
set forth in chapter 13-278. [Eff ]
(Auth: HRS §§6E-1, 6E-3, 6E-7, 6E-8, 6E-42) (Imp:
HRS §§6E-3, 6E-7, 6E-8, 6E-42)
§13-277-8 Penalty. Non-compliance with the
provisions and procedures established by this
chapter may result in a directive to the person not
to proceed with construction in the project area, a
denial or revocation of SHPD’s written concurrence
or agreement, and penalties as provided in section
6E-11, HRS, chapters 13-275, 13-278, 13-281, 13-282,
13-284, HAR, and applicable laws. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-
8, 6E-42)
277-6
DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-277, Hawaii Administrative Rules, on
the Summary Page dated October 31, 2002, was adopted
November 15, 2002, following public hearings held on
the islands of Kauai on August 20, 2002, Hawaii on
August 21 and 22, 2002, Maui on August 26, 2002,
Molokai on August 27, 2002, Oahu on August 28, 2002,
and Lanai on August 29, 2002, after public notice
was given in the Honolulu Star Bulletin, Hawaii
Tribune Herald, West Hawaii Today, Maui News, and
the Garden Isle on July 21, 2002.
The adoption of chapter 13-277 shall take effect
ten days after filing with the Office of the
Lieutenant Governor.
Peter T. Young,
Chairperson
Board of Land and Natural
Resources
APPROVED:
Linda Lingle, Governor
State of Hawaii
Dated:
APPROVED AS TO FORM:
_______________________
Deputy Attorney General
Filed
DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Chapter 13-278
Hawaii Administrative Rules
October 31, 2002
SUMMARY
Chapter 13-278, Hawaii Administrative Rules,
entitled "Rules Governing Standards for
Archaeological Data Recovery Studies and Reports",
is adopted.
278-1
HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 13
STATE HISTORIC PRESERVATION DIVISION RULES
CHAPTER 278
RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL DATA
RECOVERY STUDIES AND REPORTS
§13-278-1 Policy and purpose
§13-278-2 Definitions
§13-278-3 Preparation of a data recovery plan
§13-278-4 Archaeological data recovery report
§13-278-5 Final disposition of collections
§13-278-6 Penalty
§13-278-1 Policy and purpose. This chapter
establishes uniform standards for archaeological
data recovery studies and reports, to ensure the
overall quality of mitigation measures and to better
protect the public’s interests. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §§6E-3, 6E-7,
6E-8, 6E-42)
§13-278-2 Definitions. As used in this chapter
unless the context requires otherwise:
"Ahupua`a" means a traditional Hawaiian land
division usually extending from the mountain to the
sea.
"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.
"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
§13-278-2
278-2
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 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.
"Person" means any individual, firm,
association, agency, organization, partnership,
estate, trust, corporation, company, or governmental
unit that is proposing a project.
"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 of historic places or the criteria
enumerated in subsection 13-275-6(b) or 13-284-6(b).
"State historic preservation division" or "SHPD"
means the state historic preservation division
within the state department of land and natural
resources. [Eff ] (Auth: HRS
§§6E-2, 6E-3, 6E-7, 6E-8, 6E-42) (Imp: HRS §§6E-1,
6E-3, 6E-7, 6E-8, 6E-42)
§13-278-3 Preparation of a data recovery plan.
(a) An archaeological data recovery plan (research
design) shall be prepared by an archaeologist who
meets the minimum requirements under chapter 13-281
prior to the start of archaeological data recovery.
This plan shall:
§13-278-4
278-3
(1) Identify historic properties to be studied;
(2) Identify research objectives to be
addressed. This shall be done through
reviewing prior archaeological and
historical work in the parcel, ahupua`a,
and wider region. The specifics of these
research objectives will vary with the
extent of prior work;
(3) Identify data needed to address the
research objectives;
(4) Identify field methods to be used to
acquire and analyze the data. Any sampling
approaches to be used shall be noted here.
The plan shall also use the most efficient
methods to try to answer the research
objectives;
(5) Identify any necessary laboratory work.
This work may include, but not be limited
to, dating, faunal analyses, soil analyses,
botanical analyses, and artifact analyses.
If osteological analysis of human skeletal
remains is to be undertaken it shall
conform to chapters 13-300 and 13-283;
(6) Identify a procedure for depositing
collections after conclusion of the data
recovery project; and
(7) If burials are to be disinterred, a written
data recovery plan is not required for
inadvertent discoveries. For burials the
procedures of section 6E-43, HRS, and
chapter 13-300 shall be followed.
(b) If properties deemed significant under
paragraphs 13-275-6(b)(5) or 13-284-6(b)(5) are
involved, the archaeologist shall consult with
members of the relevant ethnic group and consider
any comments when preparing this plan. The plan
shall describe the consultation process, list the
consulted individuals and organizations, and
summarize their comments.
[Eff ] (Auth: HRS §§6E-3, 6E-43,
6E-43.5) (Imp: HRS §§6E-3, 6E-7, 6E-8, 6E-42, 6E-
43)
§13-278-4 Archaeological data recovery report.
(a) The archaeological data recovery report shall
be prepared by an archaeologist who meets the
minimum requirements under chapter 13-281. It shall
include the following:
§13-278-4
278-4
(1) A management summary that presents concise
information, with the lay reader in mind,
to include:
(A) The sites studied; and
(B) General findings relevant to research
objectives;
(2) An introduction, including the reasons for
the project and the location of the study
area. This shall include:
(A) A portion of the relevant United
States Geological Survey standard
1:24,000 topographic map showing the
ahupua`a, the parcel, and the sites
studied; and
(B) Text, which specifies the island,
district, ahupua`a, and the tax map
key (TMK) of the parcel.
(3) A research objectives section which
identifies the research objectives, test
implications, and relevant information to
address the research objectives;
(4) An archaeological field methods section
which identifies:
(A) Number of personnel, with the names
and qualifications of the principal
investigator and field director;
(B) When the work was done; and
(C) Methods planned in the data recovery
plan and any deviations, to include
sampling strategies and specifics on
techniques used.
(5) Archaeological fieldwork findings;
(6) Laboratory findings;
(7) Historical and oral historical findings, if
covered in the data recovery plan and if
not reported elsewhere;
(8) Research conclusions;
(9) References; and
(10) Location of depository (archive) for
collections, photographs, written site
records, and maps (may be presented in an
appendix).
(b) In the archaeological fieldwork findings
section of the report, each site studied shall be
individually described, to include:
(1) State site number and any previous numbers;
(2) Reference to a previous study, if the site
has been recorded before;
§13-278-4
278-5
(3) The site’s formal type (e.g., C-shaped
enclosure, platform, enclosure, wall,
paving, etc.). If it has several major
features, then each of these should be
noted (e.g., three C-shaped enclosures, one
platform, four stone cairns);
(4) A description of the site, to include any
of the following, if not recorded in
previous studies:
(A) Size, horizontal extent;
(B) Shape, area, with representative
architectural heights and widths, etc.
(in metrics), of the major feature or
features;
(C) The presence or absence of surface
remains (artifacts, midden, debris,
etc.), and if present, the general
nature of these remains, their
density, and distribution;
(D) The presence or absence of any
subsurface deposits, and if so, an
assessment of the general depth and
nature of these deposits;
(E) Representative photographs, or line
drawings, or both;
(F) Drafted plan maps, which shall include
major features, a bar scale, north
arrow, and indicate method used (e.g.
tape and compass or instrument
mapping.); and
(G) The integrity of the site.
(5) If excavations, augering, shovel tests,
etc. occurred, findings must be presented
under each site’s description, to include:
(A) Location of the excavations, augering,
etc. on a plan map of the site;
(B) Description of stratigraphic layers,
with United States Department of
Agriculture standard soil descriptions
(using Munsell colors);
(C) Line-drawings depicting the entire
length of the profiles, to scale, of
all test excavations through surface
architecture or of all test
excavations with cultural layers;
(D) Representative stratigraphic profiles,
to scale, of test excavations not
through surface architecture or where
no
§13-278-4
278-6
cultural layers are visible in the
excavation side walls;
(E) Descriptions of features, including
provenience within layers;
(F) Listing of artifacts, including
provenience within layers;
(G) Listing of faunal remains, by layer;
(H) Listing of debris and other remains,
by layer; and
(I) Listing of carbon samples, by
provenience;
(6) An assessment of site function, with
reasonable and adequate supportive
arguments; and
(7) An assessment of site age.
(c) The results and analysis section of the
report shall include:
(1) An overall presentation of artifacts, to
include:
(A) A master list with provenience,
material and type;
(B) Measurements of each artifact, as
appropriate, which can be in table
form and can be presented under the
next item;
(C) Analysis of artifact assemblage by
artifact types, materials, and
provenience, as appropriate; and
(D) Illustrations (line drawings or
photographs, or both) of a
representative sample of artifacts.
(2) An overall presentation of faunal and
botanical remains, to include:
(A) A master list, presenting the species
within each layer of each site and
their counts and weight in grams;
(B) Analysis by taxa, as possible; and
(C) Methods of sample selection.
(3) An overall presentation of chronology to
include absolute and relative dating, to
include:
(A) A master list, by site and by
provenience within site, which
includes laboratory numbers for each
date;
(B) Methods of collection and lab
treatment;
(C) For radiocarbon dates, C12/C13 ratios
shall be obtained; and
(D) Methods of sample selection.
§13-278-6
278-7
(4) An overall presentation of lithic sourcing,
if appropriate, to include:
(A) A master list, by site and by
provenience within site;
(B) Methods of sample selection; and
(C) Methods and techniques of source
analysis.
(5) Osteological analyses, if human skeletal
remains are to be analyzed, the analysis
shall conform to chapters 13-283 and 13-
300.
[Eff ] (Auth: HRS §§6E-3,
6E-43) (Imp: HRS §§6E-3, 6E-7, 6E-8, 6E-
42, 6E-43)
§13-278-5 Final disposition of collections.
(a) All collections, excluding human remains, 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) Final disposition of human skeletal remains
shall be in accordance with chapter 13-300.
[Eff ] (Auth: HRS §§6E-3, 6E-43)
(Imp: HRS §§6E-1, 6E-3, 6E-6, 6E-7, 6E-8, 6E-42,
6E-43)
§13-278-6 Penalty. Non-compliance with the
provisions and procedures established by this
chapter may result in a directive to the person not
to proceed with construction in the project area, a
denial or revocation of SHPD’s written concurrence
or agreement, and penalties as provided in section
6E-11, HRS, and applicable laws. [Eff
] (Auth: HRS §§6E-3, 6E-43) (Imp: HRS §§6E-
1, 6E-3, 6E-7, 6E-8, 6E-42, 6E-43)
278-8
DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-278, Hawaii Administrative Rules, on
the Summary Page dated October 31, 2002, was adopted
November 15, 2002, following public hearings held on
the islands of Kauai on August 20, 2002, Hawaii on
August 21 and 22, 2002, Maui on August 26, 2002,
Molokai on August 27, 2002, Oahu on August 28, 2002,
and Lanai on August 29, 2002, after public notice
was given in the Honolulu Star Bulletin, Hawaii
Tribune Herald, West Hawaii Today, Maui News, and
the Garden Isle on July 21, 2002.
The adoption of chapter 13-278 shall take effect
ten days after filing with the Office of the
Lieutenant Governor.
Peter T. Young,
Chairperson
Board of Land and Natural
Resources
Approved:
Linda Lingle, Governor
State of Hawaii
Dated:
APPROVED AS TO FORM:
Deputy Attorney General
Filed
DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Chapter 13-279
Hawaii Administrative Rules
October 31, 2002
SUMMARY
Chapter 13-279, Hawaii Administrative Rules,
entitled "Rules Governing Standards for Archaeological
Monitoring Studies and Reports", is adopted.
279-1
HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 13
STATE HISTORIC PRESERVATION DIVISION RULES
CHAPTER 279
RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL MONITORING
STUDIES AND REPORTS
§13-279-1 Policy and purpose
§13-279-2 Definitions
§13-279-3 Archaeological monitoring, generally
§13-279-4 Archaeological monitoring plan
§13-279-5 Monitoring report
§13-279-6 Final disposition of collections and
human skeletal remains.
§13-279-7 Penalty
§13-279-1 Policy and purpose. This chapter
establishes standards for archaeological monitoring
studies and reports, to improve the overall quality of
this activity and to better protect the public’s
interests. [Eff ] (Auth: HRS §6E-3)
(Imp: HRS §§6E-3, 6E-7, 6E-8, 6E-42, 6E-43)
§13-279-2 Definitions. As used in this chapter
unless the context requires otherwise:
"Ahupua`a" means a traditional Hawaiian land
division usually extending from the mountain to the sea.
"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.
"Archaeological inventory survey" means the process
of identifying and documenting the archaeological
historic properties and burial sites in a delineated
area, gathering sufficient information to
§13-279-2
279-2
evaluate significance of the historic properties and
burial sites, and compiling the information into a
written report for review and acceptance by the
department.
"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.
"Person" means any individual, firm, association,
agency, organization, partnership, estate, trust,
corporation, company, or governmental unit that is
proposing a project.
"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
§13-279-4
279-3
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
of historic places or the criteria enumerated in
subsection 13-275-6(b) or 13-284-6(b).
"State historic preservation division" or "SHPD"
means the state historic preservation division within
the state department of land and natural resources.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-1, 6E-3, 6E-7, 6E-8, 6E-42)
§13-279-3 Archaeological monitoring, generally.
Archaeological monitoring may be an identification,
mitigation, or post-mitigation contingency measure.
Monitoring shall entail the archaeological observation
of, and possible intervention with, on-going activities
which may adversely affect historic properties.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-3, 6E-7, 6E-8, 6E-42)
§13-279-4 Archaeological monitoring plan. (a)
Archaeological monitoring undertaken in response to SHPD
requirements or recommendations shall be based on a
written plan, which specifies:
(1) What kinds of archaeological remains or
historic properties are anticipated or require
protection;
(2) Where in the project area these properties are
known to be or anticipated to be located;
(3) Needed fieldwork to protect or document known
or anticipated historic properties, which may
include, but not be limited to, profile
documentation of stratigraphy, drawings,
photographs, lithic sourcing, and excavation of
exposed features;
(4) A provision that the archaeologist conducting
the monitoring has been given the authority to
halt ground disturbing activities in the
immediate area of a find, in order to carry-out
the plan. Project activities can shift to
other areas in such a case;
(5) A coordination meeting with any construction
team and the archaeologist, so the construction
team is aware of the plan;
(6) Any laboratory work expected to be done;
§13-279-4
279-4
(7) Report preparation; and
(8) Archiving of any collections.
(b) This plan shall be reviewed and approved by
the SHPD prior to the monitoring project, unless
otherwise agreed to by SHPD.
(c) If monitoring is proposed in response to the
inadvertent discovery of human skeletal remains, a
written monitoring plan may not be required.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-3, 6E-7, 6E-8, 6E-42)
§13-279-5 Monitoring report. A monitoring report,
prepared by an archaeologist who meets the minimum
requirements under chapter 13-281, shall be submitted
for monitoring undertaken in response to SHPD
requirements or recommendations. It shall include the
following:
(1) Management Summary, including:
(A) Presence or absence of sites; and
(B) General findings.
(2) Location of the study area:
(A) On a 1:24000 scale United States
Geological Survey quadrangle map, or on a
portion or an enlargement of a portion of
this map; and
(B) In the text, stating the island, district
and ahupua`a of the area and the tax map
key (TMK) and acreage of the parcel.
(3) Purpose of the monitoring;
(4) Archaeological field methods, including:
(A) Number of personnel, with the names and
qualifications of the principal
investigator and field director;
(B) When the work was done; and
(C) Methods and specific techniques planned in
the monitoring plan and any deviations,
with explanations why;
(5) Archaeological fieldwork. Each site studied
shall be individually described, including:
(A) State site number and any previous
numbers;
(B) Reference to a previous study, if the site
has been recorded before;
(C) The site’s formal type (e.g., C-shaped
enclosure, platform, enclosure, wall,
paving, etc.). If it has several major
§13-279-5
279-5
features, then each of these should be
noted (e.g., three C-shaped enclosures,
one platform, four stone cairns);
(D) Description of the site, including any of
the following not recorded in previous
studies:
(i) Size, horizontal extent;
(ii) The major feature or features' shape,
area, with representative
architectural heights and widths,
etc., (in metrics);
(iii) Presence or absence of surface
remains (artifacts, midden, debris,
etc.), and if present, the general
nature of these remains and their
density and distribution;
(iv) Presence or absence of any subsurface
deposits, and if present, an
assessment of the general depth and
nature of these deposits;
(v) Photographs, line drawings, or both;
and
(vi) Drafted plan maps, which shall
include a bar scale, north arrow, and
indicate method used (e.g., tape and
compass; instrument mapping).
(E) If subsurface analysis occurred, findings
must be presented under each site’s
description, including:
(i) Placing analysis locations on a plan
map of the site;
(ii) Description of stratigraphic layers,
with United States Department of
Agriculture standard soil
descriptions (using Munsell colors);
(iii) Line-drawings depicting the entire
length of the profiles, to scale, of
all excavations through surface
architecture or of all excavations
with subsurface features visible in
the excavation side walls;
(iv) Representative stratigraphic
profiles, to scale, of excavations
not through surface architecture or
where no subsurface features are
§13-279-5
279-6
visible in the excavation side walls;
(v) Descriptions of features, including
provenience within layers;
(vi) Listing of artifacts, including
provenience within layers;
(vii) Listing of faunal and botanical
remains, by layer;
(viii) Listing of debris and other remains,
by layer; and
(ix) Listing of any processed radiocarbon,
by provenience.
(F) An assessment of site function, with
supportive arguments;
(G) An assessment of site age;
(H) An assessment of site significance in
accordance with 13-275-6(b); and
(I) Recommendations.
(6) Laboratory analyses, including:
(A) An overall presentation of artifacts,
including:
(i) A master list;
(ii) Measurements of artifacts, which can
be in table form and can be presented
under the next item;
(iii) Analysis by artifact types; and
(iv) Illustrations (line drawings,
photographs or both) of a
representative sample of artifacts.
(B) An overall presentation of faunal and
botanical remains, including:
(i) A master list, presenting the species
within each layer of each site and
their weights in grams; and
(ii) Analysis by species, as possible.
(C) An overall presentation of absolute
dating, including:
(i) A master list, by site and by
provenience within site, which
includes laboratory numbers for each
date;
(ii) Methods of collection and lab
treatment; and
(iii) For radiocarbon dates, C12/C13 ratios
shall be obtained.
(D) An overall presentation of lithic
sourcing, if appropriate, to include:
§13-279-6
279-7
(i) A master list, by site and by
provenience within site;
(ii) Methods of sample selection; and
(iii) Methods and techniques of source
analysis.
(E) Osteological analyses, if human skeletal
remains are found and analyzed, shall
conform to chapters 13-283 and 13-300.
(7) If properties deemed significant under
criteria 13-275-6(b)(5) or 13-284-6(b)(5) are
discovered, the archaeologist shall consult
with members of the relevant ethnic group, when
appropriate, and consider any comments when
determining appropriate treatment. The report
shall describe any consultation process, list
the consulted individuals and organizations,
and summarize their comments.
(8) Conclusions including additional findings on
any studies previously conducted in the project
area.
(9) References.
(10) Location of depository (archive) for
collections, photographs, written site records,
and maps (may be presented in an appendix).
[Eff ] (Auth: HRS §6E-3)
(Imp: HRS §§6E-3, 6E-7, 6E-8, 6E-42, 6E-43)
§13-279-6 Final disposition of collections and
human skeletal remains. (a) All collections, excluding
human remains, 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) If human skeletal remains are recovered
during monitoring, they shall be treated as an
inadvertent discovery. Any relocation of the human
remains and any associated grave goods shall follow the
procedures of chapter 13-300. [Eff ]
(Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-6, 6E-7,
6E-8, 6E-42, 6E-43)
§13-279-7
279-8
§13-279-7 Penalty. Non-compliance with the
provisions and procedures established by this chapter
shall result in a directive to the person not to proceed
with construction in the project area, shall result in a
denial or revocation of SHPD’s written concurrence or
agreement, and shall also be penalized as provided in
section 6E-11, HRS, and applicable laws. [Eff
](Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-
8, 6E-42)
279-9
DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-279, Hawaii Administrative Rules, on the
Summary Page dated October 31, 2002, was adopted
November 15, 2002, following public hearings held on the
islands of Kauai on August 20, 2002, Hawaii on August 21
and 22, 2002, Maui on August 26, 2002, Molokai on August
27, 2002, Oahu on August 28, 2002, and Lanai on August
29, 2002, after public notice was given in the Honolulu
Star Bulletin, Hawaii Tribune Herald, West Hawaii Today,
Maui News, and the Garden Isle on July 21, 2002.
The adoption of chapter 13-279 shall take effect
ten days after filing with the Office of the Lieutenant
Governor.
Peter T. Young, Chairperson
Board of Land and Natural
Resources
Approved:
Linda Lingle, Governor
State of Hawaii
Dated:
APPROVED AS TO FORM:
Deputy Attorney General
Filed
DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Chapter 13-280
Hawaii Administrative Rules
October 31, 2002
SUMMARY
Chapter 13-280, Hawaii Administrative Rules,
entitled "Rules Governing General Procedures for
Inadvertent Discoveries of Historic Properties During a
Project Covered by the Historic Preservation Review
Process", is adopted.
280-1
HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 13
STATE HISTORIC PRESERVATION DIVISION RULES
CHAPTER 280
RULES GOVERNING GENERAL PROCEDURES FOR INADVERTENT
DISCOVERIES OF HISTORIC PROPERTIES DURING A PROJECT
COVERED BY THE HISTORIC PRESERVATION REVIEW PROCESS
§13-280-1 Policy and purpose
§13-280-2 Definitions
§13-280-3 Procedure for inadvertent discoveries
§13-280-4 Proceeding with the project in the
immediate vicinity of the historic
property
§13-280-5 Penalty
§13-280-1 Policy and purpose. The inadvertent
discovery of a historic property, other than a burial
site, found after an archaeological assessment or
inventory survey needs to be addressed in all
mitigation plans. This chapter provides an expedited
process to handle these discoveries.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-3, 6E-7, 6E-8, 6E-42)
§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
§13-280-2
280-2
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.
§13-280-3
280-3
"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.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-1, 6E-3, 6E-7, 6E-8, 6E-42)
§13-280-3 Procedure for inadvertent discoveries.
(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
§13-280-3
280-4
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. [Eff ] (Auth: HRS §6E-3) (Imp:
HRS §§6E-3, 6E-7, 6E-8, 6E-42)
§13-280-4 Proceeding with the project in the
immediate vicinity of the historic property. The
project may proceed in the area of the inadvertently
discovered historic property when:
(1) The SHPD verifies the execution of the
mitigation plan;
(2) The SHPD verifies in writing that the
archaeological data recovery fieldwork is
completed, with the condition that the report
and final disposition of collections shall
follow as per the mitigation plan; or
(3) The SHPD verifies in writing that interim
protection measures are in place for sites to
be preserved, with the condition that the
final preservation plan for the site will
follow as per the mitigation plan.
§13-280-5
280-5
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-3, 6E-7, 6E-8, 6E-42)
§13-280-5 Penalty. Non-compliance with the
provisions and procedures established by this chapter
shall result in a directive to the person not to
proceed with construction in the project area, shall
result in a denial or revocation of SHPD's written
concurrence or agreement, and shall also be penalized
as provided in section 6E-11, HRS, and applicable laws.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-1, 6E-3, 6E-7, 6E-8, 6E-42, 6E-43)
280-6
DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-280, Hawaii Administrative Rules, on
the Summary Page dated October 31, 2002, was adopted
November 15, 2002, following public hearings held on
the islands of Kauai on August 20, 2002, Hawaii on
August 21 and 22, 2002, Maui on August 26, 2002,
Molokai on August 27, 2002, Oahu on August 28, 2002,
and Lanai on August 29, 2002, after public notice was
given in the Honolulu Star Bulletin, Hawaii Tribune
Herald, West Hawaii Today, Maui News, and the Garden
Isle on July 21, 2002.
The adoption of chapter 13-280 shall take effect
ten days after filing with the Office of the Lieutenant
Governor.
Peter T. Young, Chairperson
Board of Land and Natural
Resources
Approved:
Linda Lingle, Governor
State of Hawaii
Dated:
APPROVED AS TO FORM:
Deputy Attorney General
Filed
DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Chapter 13-281
Hawaii Administrative Rules
October 31, 2002
SUMMARY
Chapter 13-281, Hawaii Administrative Rules,
entitled "Rules Governing Professional
Qualifications", is adopted.
DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Chapter 13-281
Hawaii Administrative Rules
October 31, 2002
SUMMARY
Chapter 13-281, Hawaii Administrative Rules,
entitled "Rules Governing Professional
Qualifications", is adopted.
281-1
HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 13
STATE HISTORIC PRESERVATION DIVISION RULES
CHAPTER 281
RULES GOVERNING PROFESSIONAL QUALIFICATIONS
§13-281-1 Purpose
§13-281-2 Definitions
§13-281-3 Archaeology
§13-281-4 Architecture
§13-281-5 Architectural history
§13-281-6 Ethnography
§13-281-7 History
§13-281-8 Physical Anthropology
§13-281-9 Advice available from state historic
preservation division
§13-281-10 Penalty
§13-281-1 Purpose. The purpose of this chapter
is to establish professional qualifications for
archaeologists, architects, architectural historians,
ethnographers, historians, and physical
anthropologists who undertake projects which must be
reviewed by the state historic preservation division.
[Eff ](Auth: HRS §6E-3) (Imp: HRS
§§6E-3, 6E-7, 6E-8, 6E-42)
§13-281-2 Definitions. As used in this chapter
unless the context requires otherwise:
"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.
"Person" means any individual, firm, association,
agency, organization, partnership, estate, trust,
corporation, company, or governmental unit that is
proposing a project.
§13-281-2
281-2
"Principal investigator" means the individual
directly responsible and accountable for assuring the
quality of all aspects of an historic preservation
project, and the accuracy and completeness of its
written documentation.
"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.
"State historic preservation division" or "SHPD"
means the state historic preservation division within
the state department of land and natural resources.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-1, 6E-3, 6E-7, 6E-8, 6E-42)
§13-281-3 Archaeology. An archaeologist serving
as principal investigator for any archaeological
project shall have the following professional
qualifications:
(1)A graduate degree from an accredited
institution in archaeology, or anthropology,
with a specialization in archaeology, or an
equivalent field;
(2)At least one year of cumulative
archaeological experience in Hawaii or the
Pacific;
(3)At least four months of supervised
archaeological field and analytic experience
in Hawaii;
(4)At least one year of archaeological research,
administration, or management at a
supervisory level with at least four months
of field experience;
(5)A demonstrated ability to carry research to
completion, as shown by completed theses,
publications, and manuscripts; and
(6)A demonstrated knowledge of historic
preservation laws, rules, and guidelines.
[Eff ] (Auth: HRS §6E-3)
(Imp: HRS §§6E-3, 6E-7, 6E-8, 6E42)
§13-281-6
281-3
§13-281-4 Architecture. An architect shall
possess a Hawaii license to practice architecture.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-3, 6E-7, 6E-8, 6E-42)
§13-281-5 Architectural history. An
architectural historian shall possess one or both of
the following professional qualifications:
(1) A graduate degree from an accredited
institution in architectural history, art
history, historic preservation, or a closely
related field with coursework in American
architectural history; or
(2) A bachelor's degree from an accredited
institution in architectural history, art
history, historic preservation, or a closely
related field plus one of the following:
(A)At least two years of full-time
research, writing, or teaching in
American architectural history or
restoration architecture with an
academic institution, historical
organization or agency, museum, or
other professional institution; or
(B)Have made a substantial contribution
through research and publication to the
body of scholarly knowledge in the
field of American architectural
history.
[Eff ] (Auth: HRS §6E-
3) (Imp: HRS §§6E-3, 6E-7, 6E-8, 6E-
42)
§13-281-6 Ethnography. (a) An ethnographer
shall possess one of the following professional
qualifications:
(1)A graduate degree from an accredited
institution in anthropology, with a
specialization in cultural or social
anthropology, or in a closely related field;
or
(2)A bachelor's degree from an accredited
institution in cultural or social
anthropology, or in a closely related field,
plus one of the following:
§13-281-6
281-4
(A)Two or more years of full-time
experience in research, writing,
teaching, interpretation or other
demonstrable professional activity with
an academic institution, historic
organization or agency, historic
preservation consulting firm, or other
professional institution; or
(B)Have made a substantial contribution
through research and publication to the
body of scholarly knowledge in cultural
or social anthropology, ethnohistory,
or related fields; or
(3)Four or more years of full-time experience
conducting research on the culture and
history of ethnic groups in the State of
Hawaii under the tutelage of recognized
cultural authorities.
(b)In addition to meeting the qualifications of
either (1), (2) or (3), the person shall meet three or
more of the following requirements, including one of
the first two:
(1)Be conversant in the language of the
applicable ethnic group addressed by the
ethnographic study;
(2)Have a demonstrated familiarity with the
traditions, customs, practices, and beliefs
of the applicable ethnic group addressed by
the ethnographic study;
(3)Have a demonstrated ability to conduct and
document interviews for ethnographic or
historical purposes and to summarize
information gained from interviews;
(4)Contributed through teaching, presentations,
research, or publication to the body of
knowledge in cultural or social
anthropology, ethnohistory, or related
fields; or
(5)Have a working knowledge of the historic
preservation review process.
[Eff ] (Auth: HRS §6E-3)
(Imp: HRS §§6E-3, 6E-7, 6E-8, 6E-42)
§13-281-7 History. A historian shall possess
one or both of the following professional
qualifications:
§13-281-9
281-5
(1)A graduate degree from an accredited
institution in history or a closely related
field.
(2)A bachelor's degree from an accredited
institution in history or a closely related
field, plus at least one of the following:
(A)Two or more years of full-time
experience in research, writing,
teaching, interpretation, or other
demonstrable professional activity with
an academic institution, historic
organization or agency, museum,
historic preservation consulting firm,
or other professional institution; or
(B)Substantial contribution through
research and publication to the body of
scholarly knowledge in the field of
history. [Eff ]
(Auth: HRS §6E-3) (Imp: HRS §§6E-3,
6E-7, 6E-8, 6E-42)
§13-281-8 Physical anthropology. A physical
anthropologist shall possess the following
professional qualifications:
(1)A graduate degree from an accredited
institution in anthropology or anatomy with
a specialization in physical anthropology
and human osteology or forensic
anthropology; and
(2)Demonstrated ability to carry research to
completion, usually shown by completed
theses, publications, and manuscripts.
[Eff ] (Auth: HRS §6E-
3)(Imp: HRS §§6E-3, 6E-7, 6E-8, 6E-42, 6E-
43)
§13-281-9 Advice available from state historic
preservation division. The state historic
preservation division, upon request, shall advise
agencies or persons whether an individual meets the
minimal professional qualifications. The state
historic preservation division shall maintain a list
of archaeologists who are known by the SHPD to meet
these minimal professional standards. Copies of this
list shall be available upon request. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §§6E-3, 6E-7, 6E-8,
6E-42)
§13-281-10
281-6
§13-281-10 Penalty. Should any archaeological,
historical, ethnographic, architectural, architectural
historical, or physical anthropological (osteological)
work be conducted as part of the historic preservation
review process (chapters 13-275 and 13-284) or under
an archaeological permit (chapter 13-282) with a
principal investigator who fails to meet minimal
professional standards, that work shall be
automatically rejected, the SHPD's written concurrence
for the relevant step in the historic preservation
process shall be denied, and any archaeological permit
shall be revoked or denied, and the penalties of
chapters 13-275 and 13-282 and section 6E-11, HRS,
shall be applied as appropriate. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §§6E-3, 6E-7, 6E-8,
6E-11, 6E-42).
281-7
DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-281, Hawaii Administrative Rules, on
the Summary Page dated October 31, 2002, was adopted
November 15, 2002, following public hearings held on
the islands of Kauai on August 20, 2002, Hawaii on
August 21 and 22, 2002, Maui on August 26, 2002,
Molokai on August 27, 2002, Oahu on August 28, 2002,
and Lanai on August 29, 2002, after public notice was
given in the Honolulu Star Bulletin, Hawaii Tribune
Herald, West Hawaii Today, Maui News, and the Garden
Isle on July 21, 2002.
The adoption of chapter 13-281 shall take effect
ten days after filing with the Office of the
Lieutenant Governor.
Peter T. Young,
Chairperson
Board of Land and Natural
Resources
Approved:
Linda Lingle, Governor
State of Hawaii
Dated:
APPROVED AS TO FORM:
Deputy Attorney General
Filed
282-1
HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 13
STATE HISTORIC PRESERVATION DIVISION RULES
CHAPTER 282
RULES GOVERNING PERMITS FOR ARCHAEOLOGICAL WORK
§13-282-1 Policy and purpose
§13-282-2 Definitions
§13-282-3 Archaeological permits
§13-282-4 Fees
§13-282-5 Penalty
§13-282-1 Policy and purpose. Chapter 6E, HRS,
authorizes the department of land and natural
resources to regulate archaeological activities
throughout the state. This rule establishes a
permit system for all archaeological field work
undertaken anywhere in this state, other than on
federal lands, to ensure the quality of
archaeological work, to obtain reports on all work
for the Hawaii inventory of historic places, and
thereby to better protect historic properties in the
public’s interest. [Eff ] (Auth:
HRS §6E-3) (Imp: HRS §6E-3)
§13-282-2 Definitions. As used in this chapter
unless the context requires otherwise;
"Agency" means any state or county governmental
entity.
"Applicant" means archaeological consulting
firms, museums, universities, non-profit
institutions, or scholars who desire to undertake
archaeological field work in Hawaii and whose
principal investigator meets the minimal
professional standards for archaeologists as
provided in chapter 13-281.
"Department" or "DLNR" means the state
department of land and natural resources.
§13-282-2
282-2
"Historic property" means any building,
structure, object, district, area, or site,
including heiau and underwater site, which is over
fifty years old.
"State historic preservation division" or "SHPD"
means the state historic preservation division
within the state department of land and natural
resources. [Eff ] (Auth: HRS §6E-
3) (Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-8, 6E-42)
§13-282-3 Archaeological permits. (a) No
archaeological firms, independent individuals,
agencies or organizations shall perform any
alteration to historic properties in the state of
Hawaii until an annual permit is first obtained from
the department. Permits shall only be issued to
archaeological consulting firms, museums,
universities, agencies, non-profit institutions, or
scholars who have on staff at least one principal
investigator who meets the minimal professional
standards for archaeologists as provided in chapter
13-281.
(b) Each permit shall be valid only for the
calendar year for which it is issued, regardless of
when it is issued in the calendar year.
(c) The archaeological permit application shall
include:
(1) The name, address, and phone number of the
applicant; and
(2) The name and professional resume of each
principal investigator to be covered by the
permit.
(d) A permit shall be issued to an applicant
within ten working days of receipt of a complete
application. If an application is not complete, the
SHPD shall notify the applicant by letter within ten
working days of receipt of the application
specifying what information is missing.
(e) In the event a principal investigator
leaves a firm, museum, university, or non-profit
institution, or a new principal investigator is
employed or gains qualifications, the SHPD shall be
notified in writing, with any necessary resumes
attached.
(f) Each permit shall contain the following
conditions:
(1) The permittee shall submit, within one
month of the conclusion of any field work,
a brief report on findings to consist of:
§13-282-5
282-3
(A) A map locating all sites studied, to
be on a portion of the relevant United
States Geological Survey standard
1:24,000 topographic map; and
(B) A table listing each site, its major
architectural features, its probable
function, and the nature of work at
each site (mapping, description,
surface collection, test excavation).
(2) The permittee shall submit a minimum of two
copies of a report or paper on any
archaeological work to the SHPD.
(3) The permittee shall ensure all personnel
are capable of adequately conducting the
necessary work to accomplish any scopes of
work.
(4) The permittee shall comply with all
applicable statutes, ordinances, rules and
regulations of the federal, state and
county governments; and
(5) The permittee shall hold the State of
Hawaii harmless from and against any loss,
liability, claim or demand for property
damage, personal injury and death arising
out of any act or omission of the permittee
and its employees, contractors and agents
under the permit. [Eff ]
(Auth: HRS §6E-3) (Imp: HRS §6E-3)
§13-282-4 Fees. An archaeological permit
application shall be accompanied by a filing fee of
$50. All fees shall be in the form of cash,
certified or cashier’s check, and payable to the
Hawaii historic preservation special fund. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §6E-3)
§13-282-5 Penalty. Should a party alter an
archaeological property without a permit or should
not fulfill a permit’s conditions:
(1) The principal investigator of the
archaeological work or the firm, or both
shall be subject to penalties as covered
under section 6E-11, HRS;
(2) The principal investigator of the
archaeological work or the firm, or both,
§13-282-5
282-4
shall forfeit all items collected and all
recorded information to the SHPD; and
(3) A permit may be revoked. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §§6E-3;
6E-11)
282-5
DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-282, Hawaii Administrative Rules, on
the Summary Page dated October 31, 2002, was adopted
November 15, 2002, following public hearings held on
the islands of Kauai on August 20, 2002, Hawaii on
August 21 and 22, 2002, Maui on August 26, 2002,
Molokai on August 27, 2002, Oahu on August 28, 2002,
and Lanai on August 29, 2002, after public notice
was given in the Honolulu Star Bulletin, Hawaii
Tribune Herald, West Hawaii Today, Maui News, and
the Garden Isle on July 21, 2002.
The adoption of chapter 13-282 shall take effect
ten days after filing with the Office of the
Lieutenant Governor.
Peter T. Young,
Chairperson
Board of Land and Natural
Resources
Approved:
Linda Lingle, Governor
State of Hawaii
Dated:
APPROVED AS TO FORM:
Deputy Attorney General
Filed
DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Chapter 13-283
Hawaii Administrative Rules
October 31, 2002
SUMMARY
Chapter 13-283, Hawaii Administrative Rules,
entitled "Rules Governing Standards for Osteological
Analysis of Human Skeletal Remains", is adopted.
283-1
HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 13
STATE HISTORIC PRESERVATION DIVISION RULES
CHAPTER 283
RULES GOVERNING STANDARDS FOR OSTEOLOGICAL ANALYSIS
OF HUMAN SKELETAL REMAINS
§13-283-1 Policy and purpose
§13-283-2 Definitions
§13-283-3 Osteological analysis and recording
§13-283-4 Report of osteological analysis
§13-283-5 Treatment of human skeletal remains
§13-283-6 Penalty
§13-283-1 Policy and purpose. (a) Burial
sites with human skeletal remains have cultural
significance and are sensitive historic properties,
significant to the descendants and to the relevant
cultural group. Burials are quite different from
other historic properties. Human remains, under
American common law, cannot be owned; rather the
burials are held in trust for their descendants.
Treatment of burials must meet this trust with the
utmost sensitivity. It is the Department of Land
and Natural Resource's policy to preserve burials in
place when at all possible. However, when removal
must occur, and if osteological analysis must take
place, it is the Department of Land and Natural
Resource's policy that this be done with the utmost
sensitivity and with high standards of analysis.
(b) This rule establishes standards for
osteological analysis of human skeletal remains,
when analysis is done to determine ethnicity of
skeletal remains, to ensure the quality of burial
analysis and thereby to better protect the public's
interests.
[Eff ] (Auth: HRS §6E-3) (Imp:
HRS §§6E-3, 6E-8, 6E-43)
§13-283-2
283-2
§13-283-2 Definitions. As used in this chapter
unless the context requires otherwise:
"Ahupua`a" means a traditional Hawaiian land
division usually extending from the mountain to the
sea.
"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 and subsurface features, deemed a unique
class of historic property, and not otherwise
included in section 6E-41, HRS.
"Ethnicity" means the ethnic group to which the
deceased belonged by birth, such as Hawaiian,
Japanese, and Chinese.
"Historic property" means any building,
structure, object, district, area, or site,
including heiau and underwater site, which is over
fifty years old.
"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.
"State historic preservation division" or "SHPD"
means the state historic preservation division
within the state department of land and natural
resources. [Eff ] (Auth: HRS §6E-
3) (Imp: HRS §§6E-1, 6E-3, 6E-7, 6E-8, 6E-42)
§13-283-3 Osteological analysis and recording.
The procedures for osteological analysis are set
forth in chapter 13-300. Recording shall involve
completion of forms available at the SHPD. Only
those forms which are relevant to the recovered
remains are to be completed. The forms are:
(1) Individual summary record.
(2) Burial register form.
(3) Skull register form.
(4) Child burial register form.
(5) Cranial measurements form.
(6) Non-metric cranial traits form.
(7) Dental observations form.
(8) Infracranial measurements form.
(9) Infracranial morphology form.
§13-283-4
283-3
(10) Vertebral non-metric traits form.
(11) Mandible measurements form.
(12) Dental measurements form.
Forms will be relevant, depending on the age and
extent of the remains. [Eff ]
(Auth: HRS §6E-3) (Imp: HRS §§6E-3, 6E-8, 6E-43)
§13-283-4 Report of osteological analysis. (a)
A report on the osteological analysis shall be
prepared by a physical anthropologist meeting the
qualifications set forth in chapter 13-281. The
report shall include the following:
(1) Abstract, including the number of
individuals studied, their ethnic
affiliation and the name of the historic
sites with which they are associated.
(2) Introduction.
(A) Reasons for the project; and
(B) Location of the study area which shall
include a portion of the relevant
United States Geological Survey
standard 1:24,000 topographic map
showing the ahupua`a, the parcel, and
the sites from which the remains came
and text, which states the island,
district, ahupua`a, and the tax map
key (TMK) of the parcel
(3) Laboratory methods, which shall include:
(A) The number of personnel, with the name
and degree of the principal
investigator;
(B) When the work was done; and
(C) Methods planned in the analysis and
any deviations, with explanations why.
(4) Osteological analysis: Descriptions of
individuals, to include:
(A) The provenience--site, layer, and age
of layer;
(B) The information recorded, as required
by section 13-283-4 and this section;
and
(C) A summary for each individual, to
include:
(i) Probable ethnic group
affiliation;
(ii) Sex;
(iii) Stature;
(iv) Completeness and condition of
remains;
§13-283-4
283-4
(v) Salient morphological features of
the skull, teeth, and
infracranial skeleton; and
(vi) Time since death.
(5) Findings; and
(6) References.
(b) The osteological report shall be submitted
separately to the SHPD from the archaeological
report required under chapters 13-275, 13-276, 13-
278 and 13-284. [Eff ] (Auth: HRS
§6E-3) (Imp: HRS §§6E-3, 6E-8, 6E-43)
§13-283-5 Treatment of human skeletal remains.
Because human remains are highly sensitive to many
individuals and ethnic groups, all archaeological
excavations and osteological laboratory analysis
shall treat the remains with dignity and respect.
[Eff ] (Auth: HRS §6E-3) (Imp:
HRS §§6E-3, 6E-8, 6E-43)
§13-283-6 Penalty. Non-compliance with the
provisions and procedures established by this
chapter shall result in a denial or revocation of
SHPD's written historic preservation review
concurrence or agreement, and shall also be
penalized as provided in section 6E-11, HRS, and
applicable laws. [Eff ] (Auth:
HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-8, 6E-11,
6E-42)
283-5
DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-283, Hawaii Administrative Rules, on
the Summary Page dated October 31, 2002, was adopted
November 15, 2002, following public hearings held on
the islands of Kauai on August 20, 2002, Hawaii on
August 21 and 22, 2002, Maui on August 26, 2002,
Molokai on August 27, 2002, Oahu on August 28, 2002,
and Lanai on August 29, 2002, after public notice
was given in the Honolulu Star Bulletin, Hawaii
Tribune Herald, West Hawaii Today, Maui News, and
the Garden Isle on July 21, 2002.
The adoption of chapter 13-283 shall take effect
ten days after filing with the Office of the
Lieutenant Governor.
Peter T. Young,
Chairperson
Board of Land and Natural
Resources
Approved:
Linda Lingle, Governor
State of Hawaii
Dated:
APPROVED AS TO FORM:
Deputy Attorney General
Filed
DEPARTMENT OF LAND AND NATURAL RESOURCES
Adoption of Chapter 13-284
Hawaii Administrative Rules
October 31, 2002
SUMMARY
Chapter 13-284, Hawaii Administrative Rules, entitled
"Rules Governing Procedures for Historic Preservation Review to
Comment on Section 6E-42, HRS, Projects", is adopted.
284-1
HAWAII ADMINISTRATIVE RULES
TITLE 13
DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 13
STATE HISTORIC PRESERVATION DIVISION RULES
CHAPTER 284
RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO
COMMENT ON SECTION 6E-42, HRS, PROJECTS
§13-284-1 Purpose, applicability, and participants
§13-284-2 Definitions
§13-284-3 Conducting a historic preservation
review; generally
§13-284-4 Fees
§13-284-5 Identification and inventory of historic
properties
§13-284-6 Evaluation of significance
§13-284-7 Determining effects to significant
historic properties
§13-284-8 Mitigation
§13-284-9 Verification of completion of the
detailed mitigation plan
§13-284-10 Conclusion of the historic preservation
review process
§13-284-11 Review of Findings Based on Agency Requests
§13-284-12 Discovery of previously unknown historic
properties during implementation of a
project
§13-284-13 Penalty
§13-284-1 Purpose, applicability, and participants. (a)
The purpose of this chapter is to promote the use and
conservation of historic properties for the education,
inspiration, pleasure and enrichment of the citizens of Hawaii
by articulating a historic preservation review process for
projects requiring the approval of a state or county agency for
a permit, license, certificate, land use change, subdivision, or
other entitlement to use. Section 6E-42, Hawaii Revised
Statutes, requires state and county agencies to
§13-284-1
284-2
afford the department an opportunity to comment on any such
permit or approval. The following procedures in part define how
agencies meet this statutory requirement. The goal of the
review process is to identify significant historic properties in
project areas, assess any effects, and then to develop and
execute plans to avoid, minimize, or mitigate adverse effects to
the significant historic properties in the public interest. The
process supports the policy of chapter 6E, HRS, to preserve,
restore and maintain historic properties for future generations.
(b) This chapter itemizes the review process that the SHPD
shall follow to make comments to state and county agencies on
permits, licenses, certificates, land use changes, subdivisions,
or other entitlements for use which may affect historic
properties, thereby meeting the opportunity to comment under
section 6E-42, HRS.
(c) Participants in the historic preservation review
process.
(1) The primary participants in the process are DLNR,
represented by the SHPD, the agency with jurisdiction
over the project, and the person proposing the
project. The agency has responsibility for initiating
the historic preservation review process. The agency
may have others prepare the review process items.
(2) Interested persons are those organizations and
individuals that are concerned with the effect of a
project on historic properties.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-1, 6E-3, 6E-42)
§13-284-2 Definitions. As used in this chapter unless the
context requires otherwise:
"Adverse effects" means any alteration to the
characteristics of a historic property.
"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.
"Archaeological inventory survey" means the process of
identifying and documenting the archaeological historic
properties and burial sites in
§13-284-2
284-3
a delineated area, gathering sufficient information to evaluate
significance of the historic properties and burial sites, and
compiling the information into a written report for review and
acceptance by the department.
"Architectural inventory survey" means the process of
identifying and documenting the architectural historic
properties in a delineated area, and providing the information
to the department.
"Architectural recordation" means the form of mitigation
that records and analyzes through architectural study a
reasonable and adequate amount of the information about 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.
"Comment" means the findings and recommendations of the
department provided in writing to the agency.
"Consensus determination" means the evaluation of a
historic property’s significance, arrived at by the consensus of
the SHPD and the person.
"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.
"Detailed mitigation plan" means the specific plan for
mitigation, including, but not limited to, a preservation plan,
an archaeological data recovery plan, an ethnographic data
recovery plan, a historic data recovery plan, a burial treatment
plan, and an architectural recordation plan. The detailed
mitigation plan serves as a scope of work for mitigation.
"Ethnographic documentation" means the form of mitigation
that records and analyzes a reasonable and adequate amount of
information about a significant historic property through
interviews with knowledgeable individuals and the study of
historical source materials.
§13-284-2
284-4
"Ethnographic inventory survey" means the process of
identifying and documenting historic properties in a delineated
area, gathering information through interviews with individuals
knowledgeable about the area and a study of historical source
materials.
"Historic data recovery" means the form of mitigation that
records, compiles, and analyzes a reasonable and adequate amount
of information about a significant historic property prior to
its destruction, through the study of historical source
materials.
"Historic property" means any building, structure, object,
district, area, or site, including heiau and underwater site,
which is over fifty years old.
"Interested persons" means those organizations and
individuals that are concerned with the effect of a project on
historic properties.
"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
documentation, historic data recovery, and architectural
recordation.
"Mitigation commitment" means the commitment to the form or
forms of mitigation to be undertaken for each significant
historic property.
"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 proposed 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 of historic
places or the criteria enumerated in subsection 13-275-6(b) or
13-284-6(b).
§13-284-3
284-5
"State historic preservation division" or "SHPD" means the
state historic preservation division within the state department
of land and natural resources. [Eff ] (Auth:
HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-42)
§13-284-3 Conducting a historic preservation review;
generally. (a) A historic preservation review may involve up
to six procedural steps, in order to determine if significant
historic properties are present and, if so, to develop and
execute a detailed mitigation plan and thereby satisfactorily
take into account the impact of the project on such historic
properties. Any agency involved in this review shall consult
with the SHPD and shall obtain the written comments of the SHPD
at each step of the review. In cases where any interim
protection plans are adequately in place and any data recovery
fieldwork has been adequately completed, the project may
commence from a historic preservation perspective.
(b) The review steps, described in greater detail in the
following sections, are as follows:
(1) Identification and inventory, to determine if historic
properties are present in the project’s area and, if
so, to identify and document (inventory) them;
(2) Evaluation of significance;
(3) Effect (impact) determination;
(4) Mitigation commitments which commit to acceptable
forms of mitigation in order to properly handle or
minimize impacts to significant properties;
(5) Detailed mitigation plan, scope of work to properly
carry-out the general mitigation commitments; and
(6) Verification of completion of detailed mitigation
plan.
(c) Documents for review steps one through four shall be
submitted concurrently.
(d) A receipt date shall be stamped on all review
documents received by the SHPD.
(e) The SHPD shall send its written comments on each
step’s submittal to the agency within the amount of time
specified under each section of this rule, or by a mutually
agreed upon date. If the SHPD fails to send written comments
within the set time, or by a mutually agreed upon date, then the
SHPD is presumed to
§13-284-3
284-6
concur with the agency’s submittal.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS §§6E-1,
6E-3, 6E-42)
§13-284-4 Fees. (a) Filing fees will be charged for the
following:
(1) $50 for an archaeological assessment report;
(2) $150 for an archaeological inventory survey plan;
(3) $450 for an archaeological, architectural, or
ethnographic inventory survey report;
(4) $150 for a preservation plan;
(5) $25 for a monitoring plan;
(6) $150 for an archaeological data recovery plan;
(7) $250 for a burial treatment plan;
(8) $100 for a monitoring report, if resources are
reported;
(9) $450 for an archaeological data recovery report;
(10) $450 for an ethnographic documentation
report;
(11) $25 for a burial disinterment report; and
(12) $50 for an osteological analysis report.
(b) Preservation plans submitted to the division for
review will be charged for each of the above plans they contain.
(c) Reports or plans submitted to the SHPD for review
shall be accompanied by the appropriate fee. Reports or plans
will not be considered received or reviewed, until the filing
fees are paid.
(d) No fee will be charged for the review of any revisions
to a previously submitted plan or report.
(e) All fees shall be payable to the Hawaii historic
preservation special fund.
[Eff ] (Auth: HRS §§6E-3, 6E-16) (Imp: HRS
§§6E-3, 6E-16)
§13-284-5 Identification and inventory of historic
properties. (a) The agency shall ensure whether historic
properties are present in the project area and, if so, it shall
ensure that these properties are properly identified and
inventoried.
(b) An agency shall first consult the SHPD to determine if
the area proposed for the project needs to
§13-284-5
284-7
undergo an inventory survey to determine if historic properties
are present. The tax map key for the parcel or parcels involved
and a map shall be submitted to the SHPD to locate and define
the boundaries of the actual project. The SHPD shall supply a
response in writing within thirty days of the receipt of the
initiating request at the SHPD office. This response shall
include a justification by the SHPD for its conclusion.
(1) If the SHPD concludes that no significant historic
sites are likely to be present due to past land
disturbances then the SHPD shall make this
determination in the form of a "no historic properties
affected" letter within thirty days; or
(2) Alternatively, the agency can submit documents
claiming no significant historic sites are likely to
be present. The document must present supportive
evidence documenting the land altering activities
(including areal extent and depth of disturbances) and
documenting the likely nature and depth of historic
properties that may have once existed in the area.
The SHPD shall respond in writing within thirty days.
(A) If the SHPD finds that no significant historic
properties are present, then the SHPD shall issue
a written response to the agency in the form of a
"no historic properties affected" determination
and historic preservation review ends; or
(B) If the SHPD finds historic properties may be
present, then a letter shall be sent to the
agency specifying why. To proceed with the
review process, the agency shall correct the
problems, consulting with the SHPD as needed, and
resubmit the documentation or shall conduct an
inventory survey.
(3) The SHPD shall make all "no historic properties
affected" comments available to interested persons by
posting notice of all such "no historic properties
affected" comments at the SHPD office and on the
SHPD’s website every Friday. Should the office be
closed on any Friday as a result of a holiday or some
type of disaster, the information shall be posted on
the first following
§13-284-5
284-8
working day. Interested persons have the opportunity
to submit written comments on such determinations
within thirty days of the notice’s posting. During
these thirty days, should historic properties be
reported to the SHPD, the SHPD shall reconsider its
response under the provisions of section 13-284-12.
(4) If the SHPD indicates that an adequate survey exists
and that historic properties are present, then the
agency shall proceed to the next step in the review
process, evaluation of the significance of the
historic properties according to the following section
of this rule.
(5) If the SHPD concludes an inventory survey needs to be
done, this survey shall identify all historic
properties and gather enough information to evaluate
the properties’ significance. Inventory surveys fall
into three main categories, and the SHPD shall
indicate which category or combination of categories
is needed.
(A) An archaeological inventory survey may be
undertaken when the SHPD concludes that
archaeological properties are present or are
likely to be present. Archaeological survey
often involves detailed field mapping and test
excavations, laboratory analyses, and
interpretive studies. Specific minimal
requirements for this survey are contained in
chapter 13-276. A permit, issued by the SHPD, as
set forth in chapter 13-282, is required for this
survey and any lesser level of archaeological
survey work. The survey must be directed by a
qualified archaeologist who meets the
qualifications set forth in chapter 13-281.
Results of the survey shall be reported either
through an archaeological assessment, if no sites
were found, or an archaeological survey report
which meets the minimum standards set forth in
chapter 13-276. An archaeological assessment
shall include the information on the property and
the
§13-284-5
284-9
survey methodology as set forth in subsections
13-276-5(a) and (c).
(B) An ethnographic survey may be undertaken when the
SHPD concludes that historic properties which may
be significant under criterion "e" of paragraph
13-284-6(b)(5) are present or are likely to be
present within the project area and when the
project area is known to have been used by
members of an ethnic community at least fifty
years ago or by preceding generations.
Guidelines for this survey can be obtained from
the SHPD. The survey must be directed by a
qualified ethnographer who meets the
qualifications set forth in chapter 13-281.
(C) An architectural inventory survey may be
undertaken when the SHPD concludes that historic
buildings, structures, objects, or districts are
present or are likely to be present within the
project area. Minimally, information shall be of
sufficient quality to complete a National
Register of Historic Places nomination form. The
survey must be directed by a qualified historian,
architect, or architectural historian who meets
the qualifications set forth in chapter 13-281.
(c) Should the SHPD believe unusual archaeological
conditions may be present in a project area, such as the
presence of paleo-environmental materials or historic
archaeology, the SHPD may request an inventory plan be submitted
for approval prior to the undertaking of any inventory survey
work. This plan shall include, but not be limited to:
(1) All the information required in subsections 13-276-
5(a) and (b) which identifies the project area,
identifies the project owner, describes the
environment, provides the results of background
research, as applicable, and reviews any relevant
prior archaeological studies.
(2) A research design for the identification of historic
properties within the project area. This would be a
section on the methods to be
§13-284-5
284-10
used in the archaeological field survey which
shall include:
(A) The name and qualifications of the principal
investigator and investigators;
(B) The anticipated number of field personnel, and
any specialized qualifications which they might
possess;
(C) The anticipated duration of time for the survey;
(D) The extent of survey coverage, if applicable. If
the coverage is to be less than one hundred
percent, the rationale for the sample (the
sampling design) must be presented in a careful
discussion. Sampling designs which include
analysis of possible subsurface sites under sand
dunes, urban fill, and other areas must also be
presented here;
(E) A discussion of any factors which might limit the
survey effort, if applicable;
(F) The techniques to be used to identify
archaeological properties (transects, sweeps,
test excavations, augering, etc.);
(G) The anticipated extent of historic property
recording (mapping, measuring, photographing,
test excavations) and the techniques to be used,
if applicable, with the rationale for these
techniques given; and to plot site location, if
applicable; and
(H) The method to be used to plot site location, if
applicable.
(3) Information obtained through the consultation process
with individuals knowledgeable about the project
area’s history, if discussions with the SHPD,
background research or public input indicate a need to
consult with knowledgeable individuals. This section
would include all the information required in
subsection 13-276-5(g).
(d) If an inventory plan is requested, once it is
completed, one copy of the inventory plan shall be submitted to
the SHPD for review. The plan shall meet the above
requirements. The SHPD shall inform the agency within thirty
days of receipt of the plan if the
§13-284-5
284-11
information contained in the plan is adequate or inadequate.
(1) If the SHPD determines that the plan is inadequate,
then a letter shall be sent to the agency stating why
the plan is inadequate. To proceed with the review
process, the agency shall correct the problems,
consulting with the SHPD as needed to resolve
differences, and resubmit the results.
(2) If the SHPD finds the plan adequate, then the agency
will be sent a written notice of acceptance.
(e) If an inventory survey is needed, once it is
completed, one copy of the inventory survey report or, if
appropriate, an archaeological assessment shall be submitted to
the SHPD. The report shall meet the requirements noted in
chapter 13-276 for archaeology; shall conform with the SHPD
guidelines for ethnography; or shall meet the requirements to
complete a National Register of Historic Places nomination form
or forms for architecture. When consultation is required, as
specified in any of the reporting rules or guidelines for
surveys, the report shall include a summary of the consultation
process. The SHPD shall inform the agency within forty five
days of SHPD receipt of the report, if the information contained
in the report or archaeological assessment is adequate or
inadequate.
(1) If the SHPD determines that the survey, assessment or
report is inadequate (e.g., survey failed to cover the
entire project area, historic properties are
incompletely described, etc.), then a letter shall be
sent to the agency stating why the inventory survey or
archaeological assessment is inadequate. To proceed
with the review process, the agency shall consult with
the SHPD as needed to resolve differences, and
resubmit the results.
(2) If the SHPD finds the report or archaeological
assessment adequate, then the agency shall be sent a
written notice of acceptance;
(3) Once the survey report or archaeological assessment is
considered adequate, seven copies of the report or
archaeological assessment shall be made available by
the
§13-284-5
284-12
agency to the public. Two copies shall be sent to the
SHPD library with one copy going to the relevant SHPD
neighbor island office libraries, one copy shall be
sent to the University of Hawaii at Manoa’s Hamilton
Library’s Pacific Collection, one copy shall be sent
to the Bishop Museum’s library, one copy shall be sent
to the University of Hawaii at Hilo’s library, one
copy shall be sent to Maui Community College’s library
and one copy to Kauai Community College’s library.
(f) If the SHPD finds the report or archaeological
assessment adequate and if no historic properties are present,
then historic preservation review ends and the SHPD shall
include in the notice of final acceptance its written "no
historic properties affected" determination.
(g) If the SHPD finds the report adequate and historic
properties are present, then the significance of each property
shall be evaluated as discussed in the following section. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-42)
§13-284-6 Evaluation of significance. (a) Once a
historic property is identified, then an assessment of
significance shall occur. The agency shall make this initial
assessment or delegate this assessment, in writing, to the SHPD.
This information shall be submitted concurrently with the survey
report, if historic properties were found in the survey.
(b) To be significant, a historic property shall possess
integrity of location, design, setting, materials, workmanship,
feeling, and association and shall meet one or more of the
following criteria:
(1) Criterion "a". Be associated with events that have
made an important contribution to the broad patterns
of our history;
(2) Criterion "b". Be associated with the lives of
persons important in our past;
(3) Criterion "c". Embody the distinctive characteristics
of a type, period, or method of construction;
represent the work of a master; or possess high
artistic value;
(4) Criterion "d". Have yielded, or is likely to yield,
information important for research on prehistory or
history; or
§13-284-6
284-13
(5) Criterion "e". Have an important value to the native
Hawaiian people or to another ethnic group of the
state due to associations with cultural practices once
carried out, or still carried out, at the property or
due to associations with traditional beliefs, events
or oral accounts--these associations being important
to the group’s history and cultural identity.
A group of sites can be collectively argued to be significant
under any of the criteria.
(c) Prior to submission of significance evaluations for
properties other than architectural properties, the agency shall
consult with ethnic organizations or members of the ethnic group
for whom some of the historic properties may have significance
under criterion "e", to seek their views on the significance
evaluations. For native Hawaiian properties which may have
significance under criterion "e", the Office of Hawaiian Affairs
also shall be consulted.
(d) Significance assessments shall be submitted to the
SHPD for review. The SHPD shall agree or disagree with the
significance evaluations within forty five days of receipt of
the significance evaluations.
(1) The assessment shall:
(A) Present a table which lists each historic
property and identifies all applicable criteria
of significance for each property; and
(B) Provide justification for classifying the
property within these criteria, it being
allowable to make this justification general for
similar types of archaeological sites.
Supportive documentation shall be cited; and
(C) Evidence of any consultation shall be submitted
with the assessment, to include:
(i) A description of the consultation process
used;
(ii) A list of the individuals or organizations
contacted; and
(iii) A summary of the views and concerns
expressed.
(2) If the SHPD disagrees with the initial significance
assessments or if it believes more information is
needed to evaluate the
§13-284-6
284-14
significance of a historic property, a letter shall be
sent to the agency presenting the SHPD’s findings. To
proceed with the review process, the agency shall
consult with the SHPD as needed to resolve
differences, and resubmit the initial significance
assessments.
(3) If the SHPD agrees with the initial significance
assessments, a letter of agreement shall be sent to
the agency.
(4) Once agreement is reached on significance of the
properties, the SHPD shall enter all significance
assessments in the Hawaii inventory of historic
places, as consensus determinations.
(e) If there is an agreement that none of the historic
properties are significant, then the historic preservation
review ends and SHPD shall issue its written concurrence to the
project in the form of a "no historic properties affected"
determination. When significant historic properties are
present, then impacts of the proposed action on these properties
shall be assessed, and mitigation commitments shall be devised
as needed. [Eff ] (Auth: HRS §6E-3) (Imp:
HRS §§6E-1, 6E-3, 6E-42)
§13-284-7 Determining effects to significant historic
properties. (a) The effects or impacts of a project on
significant properties shall be determined by the agency.
Effects include direct as well as indirect impacts. One of the
following effect determinations must be established:
(1) "No historic properties affected". The project will
have no effect on significant historic properties; or
(2) "Effect, with agreed upon mitigation commitments".
The project will affect one or more significant
historic properties, and the effects will potentially
be harmful. However, the person has agreed to
mitigation commitments involving one or more forms of
mitigation to reasonably and acceptably mitigate the
harmful effects.
(b) Effects include, but are not limited to, partial or
total destruction or alteration of the historic property,
detrimental alteration of the properties’ surrounding
environment, detrimental
§13-284-8
284-15
visual, spatial, noise or atmospheric impingement, increasing
access with the chances of resulting damage, and neglect
resulting in deterioration or destruction. These effects are
potentially harmful.
(c) Effect determinations shall be submitted to SHPD for
review. These shall be submitted with the survey report,
significance assessments, and mitigation commitments. The
determinations shall include a map showing the location of the
project and a general discussion of the project’s scope of work,
so the nature of possible effects can be understood.
(1) If the SHPD disagrees with the effect determinations,
a letter that specifies the disagreements shall be
sent within forty five days of receipt of the effect
determinations. To proceed with the review process,
the agency shall consult with the SHPD as needed to
resolve differences, and resubmit the effect
determinations.
(2) If the SHPD agrees with the effect determinations, the
SHPD shall send a letter of agreement within forty
five days of SHPD receipt of the effect
determinations.
(d) No historic properties affected determinations for
architectural properties shall be expedited when the SHPD agrees
with the agency that minor changes to a building or structure
will not affect its significant character. Because these
changes are typically non-controversial and require prompt
processing, the SHPD shall write its concurrence as a "no
historic properties affected" letter.
(e) When the SHPD comments that the action shall not
affect any significant historic properties, the historic
preservation review ends. When the comment of the SHPD is that
the project will have an "effect, with agreed upon mitigation
commitments", then detailed mitigation plans shall be developed
by the agency as discussed in the following section.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS §§6E-1,
6E-3, 6E-42)
§13-284-8 Mitigation. (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
§13-284-8
284-16
agency to the SHPD for review and approval. This proposed
commitment shall be submitted concurrently with the survey
report, significance evaluations, and effects determinations, if
significant historic properties are present in the project area
and will be affected.
(1) Mitigation may 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 13-284-6(b)(5)
are involved, the agency shall initiate a consultation
process with ethnic organizations or members of the
ethnic group for whom the historic properties have
§13-284-8
284-17
significance under criterion "e" to seek their views
on the proposed forms of mitigation. For native
Hawaiian properties which may be significant under
criterion "e", the Office of Hawaiian Affairs also
shall be consulted.
(3) This proposed mitigation commitment must include:
(A) A table of the significant historic properties,
indicating which form or forms of mitigation are
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 which may have significance under
criterion "e" 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 adequate, SHPD shall send a
letter outlining needed changes, within forty five days of
receipt of the mitigation commitments. To proceed with the
review process, the agency shall consult 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 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 this type of historic
property in the case of native Hawaiian burials, following
chapter 6E-43, HRS, and section 13-300-33.
(e) After mitigation commitments are accepted the agency
shall provide detailed plans for the mitigation work to the SHPD
for review and approval. The approved plans shall serve as
scopes of work for mitigation.
§13-284-8
284-18
(1) Archaeological data recovery plans shall meet the
minimal standards for data recovery as provided in
chapter 13-277. Qualifications of the archaeologist
who is the principal investigator for 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
archaeologist who is the principal investigator for
the monitoring shall comply with chapter 13-281.
(2) Architectural recordation plans’ photographic
components shall meet the minimal standards as
provided by historic American building survey (HABS)
photographic specifications.
(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 in chapter 13-277 for archaeological
properties and properties deemed significant under
paragraph 13-284-6(b)(5) and the Secretary of the
Interior’s standards for historic preservation
projects for architectural properties. If
preservation plans involve historic properties deemed
significant under criterion "e" as provided in
paragraph 13-284-6(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 13-284-6(b)(5), the Office
of Hawaiian Affairs shall be consulted. The plans
shall describe the
§13-284-9
284-19
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 adequate, SHPD
shall send a letter outlining needed changes, within
forty five days of receipt of the plan. To proceed
with the review process, the agency shall consult with
the SHPD as needed to resolve differences, and
resubmit the plan.
(8) If a detailed mitigation plan is adequate, the SHPD
shall send a letter of agreement within forty five
days of receipt of the plan. Once the plan is
considered adequate, 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.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-1, 6E-3, 6E-42)
§13-284-9 Verification of completion of the detailed
mitigation plan. (a) Once the detailed mitigation plans are
carried out, a request for verification shall be submitted by
the agency to the SHPD. This request shall document completion
of the detailed mitigation plan’s tasks--usually in the form of
a completion report, with one copy submitted.
(b) If the SHPD disagrees that the work has been
successfully completed, it shall send a letter noting
uncompleted tasks or inadequately completed tasks within thirty
days of receipt of the request. To proceed with the review
process, the agency shall
§13-284-9
284-20
consult with the SHPD as needed to resolve differences, and
resubmit the completion report.
(c) If the SHPD agrees that the work has been successfully
concluded, SHPD shall send a verification letter within thirty
days and the historic preservation process is concluded.
(d) In cases involving preservation, archaeological data
recovery, or architectural recordation, the agency has the
option to request an accelerated, 2-step verification,
understanding that construction projects often need to proceed
rapidly and that a completion report is often finished months
after fieldwork is completed.
(1) Step 1. The agency shall submit documentation to the
SHPD indicating that data recovery fieldwork,
architectural recordation, or interim protection
measures for properties to be preserved have been
successfully completed. The SHPD writes a letter
within thirty days to the agency agreeing and stating
construction may proceed, with the understanding that
Step 2 must be completed to conclude the historic
preservation process. If the measures have not been
successfully completed, the SHPD shall write a letter
within thirty days to the agency indicating what needs
to be completed. To proceed with the review process,
the agency shall consult with the SHPD as needed to
resolve differences, and resubmit the documentation.
(2) Step 2. The agency shall submit to the SHPD a
completion report for the data recovery work,
architectural recordation, or final preservation work.
The SHPD shall write a letter to the agency within
thirty days stating the completion report is adequate
and that the historic preservation process is
concluded. If the completion report is not adequate,
the SHPD shall write a letter within thirty days to
the agency indicating needed changes. To proceed with
the review process, the agency shall consult with the
SHPD as needed to resolve differences, and resubmit
the completion report.
(e) In cases involving solely historic data recovery or
ethnographic documentation where no field study of the historic
properties is to occur, the
§13-284-11
284-21
agency has the option to request an accelerated verification
process to proceed with the construction project and to submit a
completion report at a later date, agreed upon with the SHPD.
The agency shall submit the request in writing to the SHPD with
reasons and with a date for submittal of the completion report.
If the SHPD agrees, it shall send a letter to the agency within
thirty days to the agency stating construction may proceed, with
the agreement that the report shall be submitted to the SHPD by
the agreed upon date and shall then be reviewed in accordance
with subsections 13-284-9(a-c). If the SHPD does not agree with
the request, the SHPD shall write a letter within thirty days to
the person indicating the SHPD’s concerns. If the agency wishes
to proceed with the accelerated verification process, the agency
shall consult with the SHPD as needed to resolve differences,
and resubmit the request.
(f) Once a final report is adequate, the agency shall
ensure that seven copies are made available to the same
repositories as the survey report noted in paragraph 13-284-
5(c)(3). [Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-1, 6E-3, 6E-42)
§13-284-10 Conclusion of the historic preservation review
process. (a) The historic preservation review process ends
when:
(1) SHPD agrees that adequate procedures have been taken
to determine if historic properties are likely to be
present in the project area, and no historic
properties are found to be present or historic
properties are considered unlikely to be present;
(2) SHPD agrees that the project shall have "no historic
properties affected"; or
(3) SHPD agrees to a detailed mitigation plan to handle an
effect to significant historic properties that are
present and this plan is verified by the SHPD to have
been successfully executed. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-42)
§13-284-11 Review of Findings Based on Agency Requests.
(a) Upon the request of an agency the SHPD shall reconsider the
findings under sections 13-284-5 (
§13-284-11
284-22
adequate identification and inventory procedures), 13-284-6
(significance evaluations), 13-284-7 (determination of effects),
and 13-284-8 (mitigation), should an agency believe new
information has come forth regarding historic properties. To be
considered, the inquiry must address specific problems in the
findings with supportive new evidence presented. The person
conducting the project shall be promptly notified by the SHPD of
the request for reconsideration. An inquiry to the SHPD shall
not suspend action on a project, but the person and agency shall
take all measures to avoid adverse effects to significant
historic properties while the SHPD is reviewing a request.
Within 10 working days of receipt of the request at the SHPD
office, the SHPD shall advise the person undertaking the
project, and the agency involved, in writing of the SHPD
conclusions.
(b) If the SHPD conclusions identify an inaccurate
significance evaluation, an inappropriate general mitigation
commitment, or a flaw in the detailed mitigation plan, then the
SHPD, the person undertaking the project, and the agency
responsible for the permit or action shall attempt to reach
agreement on how to correct the problem. [Eff
] (Auth: HRS §6E-3) (Imp: HRS §§6E-1, 6E-3, 6E-42)
§13-284-12 Discovery of previously unknown historic
properties during implementation of a project. If a previously
unknown historic property is found after the acceptance of an
inventory report or during the implementation of a project, then
the historic preservation review process shall be reopened.
This action, however, applies only to the immediate area where a
historic property is discovered, and the historic preservation
review process shall be accelerated, following the procedures of
13-280.
[Eff ] (Auth: HRS §6E-3) (Imp: HRS §§6E-1,
6E-3, 6E-42)
§13-284-13 Penalty. Failure to obtain the written
comments of the SHPD in accordance with this chapter shall
result in a SHPD comment to the agency not to proceed with the
project. [Eff ] (Auth: HRS §6E-3) (Imp: HRS
§§6E-1, 6E-3, 6E-10, 6E-11, 6E-42)
284-23
DEPARTMENT OF LAND AND NATURAL RESOURCES
Chapter 13-284, Hawaii Administrative Rules, on the Summary
Page dated October 31, 2002, was adopted November 15, 2002,
following public hearings held on the islands of Kauai on August
20, 2002, Hawaii on August 21 and 22, 2002, Maui on August 26,
2002, Molokai on August 27, 2002, Oahu on August 28, 2002, and
Lanai on August 29, 2002, after public notice was given in the
Honolulu Star Bulletin, Hawaii Tribune Herald, West Hawaii
Today, Maui News, and the Garden Isle on July 21, 2002.
The adoption of chapter 13-284 shall take effect ten days
after filing with the Office of the Lieutenant Governor.
Peter T. Young, Chairperson
Board of Land and Natural
Resources
APPROVED:
Linda Lingle, Governor
State of Hawaii
Dated:
APPROVED AS TO FORM:
Deputy Attorney General
Filed