reglab/housing_qa huggingface dataset:
HI Rev Stat § 6E-8 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-8 Review of effect of proposed state projects.

 §6E-8  Review of effect of proposed state projects. (a) Before any agency or officer of the State or its political subdivisions commences any project which may affect historic property, aviation artifact, or a burial site, the agency or officer shall advise the department and allow the department an opportunity for review of the effect of the proposed project on historic properties, aviation artifacts, or burial sites, consistent with section 6E-43, especially those listed on the Hawaii register of historic places. The proposed project shall not be commenced, or if it has already begun, continued, until the department has given its written concurrence. If:  (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 may give its written concurrence 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.  The department shall provide written concurrence or non-concurrence within ninety days after the filing of a request with the department. The agency or officer seeking to proceed with the project, or any person, may appeal the department's concurrence or non-concurrence to the Hawaii historic places review board. An agency, officer, or other person who is dissatisfied with the decision of the review board may apply to the governor, who may take action as the governor deems best in overruling or sustaining the department.  (b) The department of Hawaiian home lands, prior to any proposed project relating to lands under its jurisdiction, shall consult with the department regarding the effect of the project upon historic property or a burial site.  (c) The State, its political subdivisions, agencies, and officers shall report to the department the finding of any historic property during any project and shall cooperate with the department in the investigation, recording, preservation, and salvage of the property.  (d) The department shall adopt rules in accordance with chapter 91 to implement this section. [L 1976, c 104, pt of §2; gen ch 1985; am L 1990, c 306, §7; am L 1995, c 187, §2; am L 1996, c 13, §1 and c 97, §7; am L 2008, c 228, §2; am L 2009, c 4, §2; am L 2013, c 85, §2] Case Notes  Where rules implementing this section and §6E-42 required that historic properties be identified in the "project area", and the broad definition of "project area" contained in the rules encompassed the entire rail project, the rules did not permit the state historic preservation division (SHPD) to concur in the rail project absent a completed archeological inventory survey (AIS) for the entire project area; because an AIS was not completed before the SHPD gave its concurrence in the project, the SHPD's concurrence in and the city's commencement of the project were improper. 128 H. 53, 283 P.3d 60 (2012).
HI Rev Stat § 6E-9 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-9 Investigation, recording, preservation, and salvage; appropriations.

  §6E-9 Investigation, recording, preservation, and salvage; appropriations. Whenever there is any project by any government agency on lands which are owned or controlled by the State or its political subdivisions and which have historic property or value, one per cent of the appropriations for the project or so much thereof as may be necessary, shall be expended for the investigation, recording, preservation, and salvage of such historical property or value. Nothing in this section shall be construed to limit the expenditure of more than one per cent of the project appropriations for the purposes herein stated should an additional amount be necessary and mutually agreed to by the department and the government agency planning the construction or improvement. [L 1976, c 104, pt of §2]
HI Rev Stat § 6E-11.5 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-11.5 Civil penalties.

  §6E-11.5 Civil penalties. Except as provided in section 6E-11, any person who violates this chapter, or any rule adopted pursuant to this chapter shall be fined not less than $500 nor more than $10,000 for each separate violation. Each day of each violation constitutes a separate violation. [L 2003, c 104, pt of §2; am L 2005, c 128, §4]
HI Rev Stat § 6E-11.6 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-11.6 Administrative penalties.

  §6E-11.6 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted pursuant to this chapter, the board may impose by order the penalties specified in section 6E-11.5.  (b) Factors to be considered in imposing an administrative penalty include:  (1) The nature and history of the violation and of any prior violations;  (2) The economic benefit to the violator, or anticipated by the violator, resulting from the violation;  (3) The opportunity, difficulty, and history of corrective action;  (4) Good faith efforts to comply; and  (5) Such other matters as justice may require.  (c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary is on the violator.  (d) In any judicial proceeding to recover the administrative penalty imposed, the board need only show that:  (1) Notice was given;  (2) A hearing was held, or the time granted for requesting a hearing has run without such a request;  (3) The administrative penalty was imposed; and  (4) The penalty remains unpaid. [L 2003, c 104, pt of §2]
HI Rev Stat § 6E-12 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-12 Reproductions, forgeries, and illegal sales.

 §6E-12 Reproductions, forgeries, and illegal sales. (a) It shall be unlawful to reproduce, retouch, rework, or forge any historic object and to represent it or offer it for trade or sale as an original and genuine object. It shall be unlawful for any person to offer for sale or exchange any historic object with the knowledge that it has been collected or excavated in violation of any of the terms of this chapter.  (b) It shall be unlawful for any person to:  (1) Offer for sale or exchange any exhumed prehistoric or historic human skeletal remains or associated burial goods; or  (2) Remove those goods or remains, except those remains fabricated into artifacts prehistorically, from the jurisdiction of the State without obtaining a permit from the department.  (c) It shall be unlawful for any person to remove aviation artifacts derived from state lands or agencies from the jurisdiction of the State without obtaining a permit from the department.  (d) Any person violating this section shall be fined no more than $10,000. Each object or part of a prehistoric or historic human skeleton or associated burial good offered for sale or trade or removed from the jurisdiction in violation of this section shall constitute a distinct and separate offense for which the offender may be punished. [L 1976, c 104, pt of §2; am L 1990, c 306, §9; am L 1996, c 97, §9]
HI Rev Stat § 6E-13 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-13 Injunctive relief.

 §6E-13 Injunctive relief. (a) In addition to, and without limiting the other powers of the attorney general and without altering or waiving any criminal penalty, civil, or administrative provisions of this chapter, the attorney general shall have the power to bring an action in the name of the State in any environmental court of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter.  (b) Any person may maintain an action in the [environmental court] having jurisdiction where the alleged violation occurred or is likely to occur for restraining orders or injunctive relief against the State, its political subdivisions, or any person upon a showing of irreparable injury, for the protection of an historic property or a burial site and the public trust therein from unauthorized or improper demolition, alteration, or transfer of the property or burial site. [L 1976, c 104, pt of §2; am L 1990, c 306, §10; am L 2003, c 104, §4; am L 2014, c 218, §8] Case Notes  Where (1) plaintiff had a legitimate interest in the iwi found in Kakaako because plaintiff was a recognized cultural descendant of those iwi, and (2) the rail project had a high likelihood of affecting the iwi, those general factual allegations of injury resulting from defendant's conduct were sufficient to establish that plaintiff had suffered an actual or threatened irreparable injury under subsection (b). 128 H. 53, 283 P.3d 60 (2012).  Because: (1) subsection (b) allows a suit to be brought only for a restraining order or injunctive relief and is an exception to the sovereign immunity doctrine for which no waiver is necessary, and therefore does not contain a waiver of the State's sovereign immunity; and (2) nothing in article XI, §9 of the Hawaii constitution expressly waived the State's immunity for attorney's fees, there was no clear relinquishment of the State's sovereign immunity, and thus, the State's immunity barred petitioner's request for fees based on the private attorney doctrine. 129 H. 454, 304 P.3d 252 (2013).  Where plaintiff asserted that: (1) plaintiff had family members buried on the church grounds; (2) plaintiff was a native Hawaiian and a recognized cultural descendant of the iwi found on the church grounds; (3) plaintiff had a traditional and customary practice of caring for iwi; (4) plaintiff was concerned that family members may be buried in unmarked burials on the church grounds; and (5) the disturbance of unmarked burials of family members or other cultural ancestors would cause plaintiff injury and harm, plaintiff had standing to raise claims under this chapter. 128 H. 455 (App.), 290 P.3d 525 (2012).
HI Rev Stat § 6E-14 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-14 Preservation activities by political subdivisions.

  §6E-14 Preservation activities by political subdivisions. The political subdivisions of this State may engage in a comprehensive program of historic preservation, to promote the use and conservation of historic properties for the education, pleasure, and enrichment of the citizens of this State. The governing body of any political subdivision may establish an historic preservation commission to preserve, promote, and develop the historical resources of the political subdivision. [L 1976, c 104, pt of §2]
HI Rev Stat § 6E-15 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-15 Regulations, special conditions or restrictions.

 §6E-15 Regulations, special conditions or restrictions. In addition to any power or authority of a political subdivision to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing body of any political subdivision may provide by regulations, special conditions, or restrictions for the protection, enhancement, preservation, and use of historic properties or burial sites. These regulations, special conditions, and restrictions may include appropriate and reasonable control of the use or appearance of adjacent or associated private property within the public view, or both, historic easements, preventing deterioration by wilful neglect, permitting the modification of local health and building code provisions, and transferring development rights. [L 1976, c 104, pt of §2; am L 1990, c 306, §11]
HI Rev Stat § 6E-16 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-16 Hawaii historic preservation special fund.

 §6E-16 Hawaii historic preservation special fund. (a) There is established a Hawaii historic preservation special fund into which shall be deposited the following moneys:  (1) Appropriations by the legislature to the special fund;  (2) Gifts, donations, and grants from public agencies and private persons;  (3) All proceeds collected by the department derived from historic preserve user fees, historic preserve leases or concession fees, fees charged to carry out the purposes of this chapter, or the sale of goods; and  (4) Civil, criminal, and administrative penalties, fines, and other charges collected under this chapter or any rule adopted pursuant to this chapter. All interest earned or accrued on moneys deposited in the fund shall become part of the fund. The fund shall be administered by the department; provided that the department may contract with a public or private agency to provide the day-to-day management of the fund.  (b) Subject to legislative authorization, the department may expend moneys from the fund:  (1) For permanent and temporary staff positions;  (2) To replenish goods;  (3) To produce public information materials;  (4) To provide financial assistance to public agencies and private agencies in accordance with chapter 42F involved in historic preservation activities other than those covered by section 6E-9; and  (5) To cover administrative and operational costs of the historic preservation program.  (c) The department shall adopt rules in accordance with chapter 91 for the purposes of this section. [L 1989, c 388, §2; am L 1991, c 335, §2; am L 1997, c 207, §2; am L 1998, c 311, §2; am L 2006, c 214, §1] Note  The L 1997, c 190, §6 amendment was not made to this section.
HI Rev Stat § 6E-17 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-17 Archaeological data survey database.

  §6E-17 Archaeological data survey database. (a) There is established a Hawaii archaeological data survey database designated as a program of the State of Hawaii Museum of Natural and Cultural History. The database shall be online and accessible to the public through the Internet. The information within the database may include information relating to the collections of the Bernice Pauahi Bishop Museum, publicly available materials, and materials from private entities or organizations. The database may include archaeological information such as reports, photographs, drawings, maps, and archived documents. The database may also include compilations of collections information from public and private repositories including:  (1) A description of the types and amounts of materials and associated documentation in each collection;  (2) A listing of the owner or owners of all materials and associated documentation in each collection;  (3) A general assessment of the condition of the components of each collection; and  (4) Other relevant information pertaining to each collection. The data survey database shall be developed and maintained by the State of Hawaii Museum of Natural and Cultural History, in consultation with the state historic preservation division and other appropriate state and federal agencies and private organizations.  (b) The archaeological data survey shall not include any information required to remain confidential under federal, state, or county laws, rules, or regulations.  (c) The State of Hawaii Museum of Natural and Cultural History, in consultation with the office of Hawaiian affairs and the state historic preservation division, may temporarily or permanently withhold from the database any information due to a valid threat of destruction or loss of the information, or if disclosure may frustrate the legitimate and necessary function of protecting a valuable archaeological site or artifact. The entities shall determine what information shall be withheld from the data survey; provided that prior consultation is sought with any affected state or federal governmental agencies, or private individuals or organizations. [L 2008, c 161, §1] Cross References  Bernice Pauahi Bishop Museum, see §6E-40.
HI Rev Stat § 6E-31 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-31 Monuments; reservation of land; relinquishment of private claims.

  §6E-31 Monuments; reservation of land; relinquishment of private claims. Upon the recommendation of the department, the governor may declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the State to be state monuments and may reserve as a part thereof parcels of land the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. When such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the State, and the governor may accept the relinquishment of such tracts in behalf of the State. [L 1976, c 104, pt of §2]
HI Rev Stat § 6E-32 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-32 Diamond Head State Monument.

 §6E-32 Diamond Head State Monument. (a) There shall be a Diamond Head State Monument as a historical site on Oahu to be administered by the department of land and natural resources, and to consist of:  (1) All state owned lands within the state conservation land use district on the slopes of Diamond Head including the board of water supply booster pump site (tax map key 3-1-42:05);  (2) Those lands that the department considers essential to the unimpaired preservation of the visual and historic aspects of Diamond Head;  (3) Those state lands more fully described in this section that may be best used for recreational purposes and to increase public access and enjoyment of the monument; and  (4) Kuilei Cliffs Park (tax map key 3-1-42:02 and tax map key 3-1-38:29) and Diamond Head Park (tax map key 3-1-42:04 and tax map key 3-1-37:01), which shall be administered by the city and county of Honolulu in accordance with this section.  (b) All state lands within and adjacent to the monument shall be returned to the department for inclusion within the monument, including, but not limited to, lands identified by tax map key numbers 3-1-42:6, 8, 10, 14, 15, 16, 17, 21, 23, 24, 25, 37, and 38 and 3-1-35:22 and 23. The Na Laau Hawaii arboretum and parcels A, B, C, and D as described in Executive Order No. 2000 dated April 9, 1962, establishing the Diamond Head State Monument, shall be included within the boundaries of the Diamond Head State Monument.  [(c)] The Diamond Head State Monument Plan, adopted by the board of land and natural resources in November of 1979, shall serve as the official document setting forth the future direction of the Diamond Head State Monument.  The board of land and natural resources may amend the monument plan from time to time with the review and recommendations of the Diamond Head citizen advisory committee, organized in October of 1977.  [(d)] Notwithstanding any other law, including county ordinances, to the contrary, no expansion of buildings and other structures and no construction activity shall take place within the boundaries of the Diamond Head State Monument; provided that the board of land and natural resources may permit improvement projects that are consistent with the Diamond Head State Monument Plan of 1979 to take place.  [(e)] So much of the transfer effected pursuant to Act 138, Laws of the Territory of Hawaii 1913, from the State to the city and county of Honolulu, as relates to the transfer of the Honolulu water and sewer works at the abandoned reservoir parcels identified by tax map key number 3-1-35:22 and 23, shall be withdrawn from the operation of Act 138. The right, title, and interest of the city and county of Honolulu relating to the abandoned reservoir site identified by tax map key number 3-1-35:22 and 23, appurtenant to the water and sewer works, shall revert to and be vested in the State. [L 1976, c 104, pt of §2; am L 1988, c 195, §2; am L 1992, c 313, § §3 to 6; am L 2001, c 258, §2] Revision Note  Subsections (c) to (e) added by revisor.
HI Rev Stat § 6E-32.5 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-32.5 Mount Olomana state monument.

  §6E-32.5 Mount Olomana state monument. There is established the Mount Olomana state monument as a historic landmark on Oahu to be administered by the department of land and natural resources and to consist of those lands that the department determines to be essential to the preservation of the visual, cultural, and historical aspects and significance of Mount Olomana. Subject to legislative appropriation, the department shall acquire through purchase, land exchange, or both, those lands identified as significant to the preservation of Mount Olomana as a historic landmark. [L 1993, c 348, §2]
HI Rev Stat § 6E-33 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-33 REPEALED.

  §6E-33 REPEALED. L 2015, c 147, §3.
HI Rev Stat § 6E-34 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-34 Capitol site.

  §6E-34 Capitol site. The portion of the "Honolulu Civic Center" adopted by the Honolulu city planning commission on February 23, 1945, as the master plan for the city and county of Honolulu after a public hearing on February 1, 1945, for the executive-legislative center, specifically that area of Honolulu bounded by Richards, Beretania, Punchbowl, and Hotel Streets, for which lands have been acquired and preliminary plans have been designed pursuant to Act 401, Session Laws of Hawaii 1949, is designated as the capitol site for the State. [L 1976, c 104, pt of §2]
HI Rev Stat § 6E-34.5 (2021)
2021 Hawaii Revised Statutes|Title 1. General Provisions|6E. Historic Preservation|6E-34.5 REPEALED.

  §6E-34.5 REPEALED. L 2021, c 231, §1.