(a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use, which may affect historic property, aviation artifacts, or a burial site, the agency or office shall advise the department and prior to any approval allow the department an opportunity for review and comment on the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with § 6E-43, including those listed in the Hawaii register of historic places. If:

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Terms Used In Hawaii Revised Statutes 6E-42

  • Burial site: means any specific unmarked location where prehistoric or historic human skeletal remains and their associated burial goods are interred, and its immediate surrounding archaeological context, deemed a unique class of historic property and not otherwise included in section 6E-41. See Hawaii Revised Statutes 6E-2
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 6E-2
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Historic property: means any building, structure, object, district, area, or site, including heiau and underwater site, which is over fifty years old. See Hawaii Revised Statutes 6E-2
  • Programmatic agreement: means a document that sets forth the terms of a formal, legally binding agreement and establishes a process for consultation, review, and compliance with federal laws. See Hawaii Revised Statutes 6E-2
  • Project: means any activity directly undertaken by the State or its political subdivisions or supported in whole or in part through appropriations, contracts, grants, 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. See Hawaii Revised Statutes 6E-2
(1) The proposed project consists of corridors or large land areas;
(2) Access to properties is restricted; or
(3) Circumstances dictate that construction be done in stages,

the department’s review and comment may be based on a phased review of the project; provided that there shall be a programmatic agreement between the department and the project applicant that identifies each phase and the estimated timelines for each phase.

(b) The department shall inform the public of any project proposals submitted to it under this section that are not otherwise subject to the requirement of a public hearing or other public notification.
(c) The department shall adopt rules in accordance with chapter 91 to implement this section.

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