Bill > SB1301

This bill, effective July 1, 2050, aims to strengthen historic preservation in Hawaii by establishing clearer requirements for archaeological surveys and permits, modifying the composition and operations of island burial councils, and refining procedures for the inadvertent discovery of burial sites. Specifically, it mandates archaeological inventory surveys for projects in sandy soils or near previously identified historic sites, and requires a literature review and field inspection for other projects, with a process for state review of findings. The bill also clarifies that archaeological permits are discretionary, and principal investigators who violate regulations may face fines and temporary revocation of their right to practice archaeology. The definition of "historic property" is expanded to include sites with important value to Native Hawaiians due to cultural practices or traditional beliefs. Furthermore, island burial councils will have a revised composition, with a greater emphasis on representatives from the Hawaiian community, and their duties will be clarified, including specific timelines for making determinations on burial site preservation or relocation and for acting on requests from lineal or cultural descendants. Procedures for the inadvertent discovery of burial sites are updated to ensure timely notification of recognized descendants by the Office of Hawaiian Affairs, and to provide clearer timelines for contesting departmental determinations and for council review. The bill also specifies that project proponents are responsible for developing and executing mitigation plans for discovered remains, and that project activities cannot resume until the department provides written approval.

Agriculture and Natural Resources, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=1301&year=2026