reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-15.7 State limu.

§5-15.7 State limu.
Limu kala (Sargassum echinocarpum), the Hawaiian word for the water plant endemic to Hawaii, is adopted, established, and designated as the official limu of the State. [L 2023, c 230, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-16 State flower and individual island flowers.

§5-16 State flower and individual island flowers.
The native yellow hibiscus (Hibiscus brackenridgei A. Gray), also known as the Pua Aloalo or Ma`o-hau-hele, is established and designated as the official flower of the State.
The `Åhi`a lehua (metrosideros macropus M. collina), also known as the pua lehua, is established and designated as the official flower of the island of Hawai`i.
The lokelani, also known as the damask rose (rosa damascena), is established and designated as the official flower of the island of Maui.
The pua `ilima from the native dodder shrubs (sida fallax) is established and designated as the official flower of the island of O`ahu.
The mokihana from the native tree (pelea anisata) is established and designated as the official lei material of the island of Kaua`i.
The pua kukui, also known as the candlenut tree (aleurites moluccana), is established and designated as the official lei material of the island of Moloka`i.
The kauna`oa, also known as the native dodder (cuscuta sandwichiana), is established and designated as the official lei material of the island of LÄna`i.
The pÅ«pÅ«, also known as the momi, laiki, and kahelelani, is established and designated as the official lei material of the island of Ni`ihau.
The hinahina or native heliotrope (heliotropium anomalum, var. argenteum) is established and designated as the official lei material of the island of Kaho`olawe. [L 1988, c 177, §1; am L 2000, c 165, §3]
Cross References
Lei Day, see §8-13.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-16.5 Official island colors.

§5-16.5 Official island colors.
The color red is established and designated as the official color of the island of Hawai`i.
The color pink is established and designated as the official color of the island of Maui.
The color golden yellow is established and designated as the official color of the island of O`ahu.
The color purple is established and designated as the official color of the island of Kaua`i.
The color green is established and designated as the official color of the island of Moloka`i.
The color orange is established and designated as the official color of the island of LÄna`i.
The color white is established and designated as the official color of the island of Ni`ihau.
The color gray is established and designated as the official color of the island of Kaho`olawe. [L 2000, c 165, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-18 State flag.

§5-18 State flag.
As used in this [chapter], unless the context otherwise requires:
"Flag" means any flag, standard, color, ensign, or any picture or representation of either made of any substance or represented on any substance, and of any size, evidently purporting to be, either of, the flag, standard, color, or ensign of the State of Hawaii or a picture or representation, of either upon which shall be shown the jack, the colors and stripes in any number of either, or by which the person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the State of Hawaii. [L 1990, c 215, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-18.5 POW/MIA (prisoner of war/missing in action) flag; recognition; use.

§5-18.5 POW/MIA (prisoner of war/missing in action) flag; recognition; use.
(a) The State recognizes the National League of Families' POW/MIA (prisoner of war/missing in action) flag that was recognized by the United States Congress through P. L. 101-355 on August 10, 1990.
(b) The National League of Families' POW/MIA (prisoner of war/missing in action) flag shall be flown on the grounds of the state capitol and on the grounds of the headquarters of the state department of defense on the following days:
(1) Armed Forces Day, the third Saturday in May;
(2) Memorial Day, the last Monday in May;
(3) Flag Day, June 14;
(4) Independence Day, July 4;
(5) National POW/MIA Recognition Day, the third Friday in September; and
(6) Veterans Day, November 11,
and may be flown on the grounds of the state capitol and on the grounds of the headquarters of the state department of defense on other days; provided that if the Hawaiian flag is flown on the same halyard as the flag of the United States of America at those locations, then the POW/MIA (prisoner of war/missing in action) flag may be flown under the flag of the State of Hawaii, and if the Hawaiian flag is flown on a separate halyard as the flag of the United States of America at those locations, then the POW/MIA (prisoner of war/missing in action) flag may be flown under the flag of the United States of America. [L 2010, c 40, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-20 Public display of Hawaiian flag; position.

§5-20 Public display of Hawaiian flag; position.
On every occasion of public display of the Hawaiian flag, within the State of Hawaii, it shall occupy the position of honor when displayed in company with the flags of other states, nations or international organizations; provided, however, that when the United States flag is displayed with the Hawaiian flag, the national flag shall occupy such position of honor. [L 1990, c 215, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-22 Hawaii medal of honor.

§5-22 Hawaii medal of honor.
(a) The Hawaii medal of honor may be awarded on behalf of the people of the State of Hawaii to an individual who has been killed in action while:
(1) Engaged in an action against an enemy of the United States;
(2) Engaged in military operations involving conflict with an opposing foreign force;
(3) Serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party;
(4) Serving in a combat zone as designated by presidential order;
(5) Serving in direct support of military operations in a combat zone if that service is designated as such by the United States Department of Defense; or
(6) Performing duty subject to hostile fire or imminent danger if that duty qualifies the individual for special military pay as determined by the United States Department of Defense.
(b) A recipient of the Hawaii medal of honor may have the recipient's name entered on the Hawaii medal of honor roll.
(c) Individuals eligible to receive the Hawaii medal of honor include:
(1) Members of the Hawaii National Guard who were legal residents of Hawaii and were activated into service at the time they were killed in action;
(2) Members of the United States military reserves who were legal residents of Hawaii and were activated into service at the time they were killed in action;
(3) Members of the regular United States armed forces who were:
(A) Legal residents of Hawaii at the time they were killed in action; or
(B) Stationed in Hawaii by a proper order of the United States Department of Defense at the time they were killed in action; and
(4) Members of the Hawaii National Guard or United States military reserves who were activated into service, or members of the regular United States armed forces, who:
(A) Attended a public or private educational institution in Hawaii at some period during their lives; and
(B) Were killed in action.
(d) The Hawaii medal of honor shall be awarded solely by a concurrent resolution:
(1) Introduced by:
(A) The president of the senate;
(B) The speaker of the house of representatives; or
(C) The duly authorized representative of the president of the senate or the speaker of the house of representatives; and
(2) Adopted by both houses of the legislature. [L 2005, c 21, §2; am L 2013, c 9, §2]
Revision Note
Section was enacted as an addition to chapter 121 but is renumbered to this chapter pursuant to §23G-15.
Cross References
POW/MIA flag; recognition; use, see §5-18.5.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6D. Protection of Caves › 6D-2 Prohibitions.

§6D-2 Prohibitions.
(a) It shall be unlawful for any person to intentionally, knowingly, or recklessly break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave, or the cave resources within the cave, whether attached or broken, including speleothems, speleogens, and sedimentary deposits, without the owner's written permission being first obtained.
(b) It shall be unlawful for any person to break, force, tamper with, or otherwise disturb a gate to any cave, even though entrance thereto may not be gained, without the owner's permission being first obtained.
(c) It shall be unlawful for any person to remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this chapter.
(d) It shall be unlawful for any person to take, appropriate, excavate, injure, destroy, or alter any paleontological deposit, which may be found in a cave without the owner's written permission being first obtained.
(e) This section shall not apply to caves inadvertently encountered within the normal course of a construction context; provided that any cave protection measures imposed through the environmental review process under chapter 343 or any land use permit conditions shall be followed. [L 2002, c 241, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6D. Protection of Caves › 6D-3 Pollution.

§6D-3 Pollution.
(a) It shall be unlawful for any person to store, dump, dispose of, or otherwise place any refuse, garbage, dead animals, sewage, litter, or toxic substances in any cave or cave entrance; provided that:
(1) Any cesspool or leach field that is otherwise legal and existing on June 28, 2002 shall continue to be lawful as a nonconforming use or facility;
(2) The nonconforming use or facility shall not be expanded or reconstructed; and
(3) New septic systems may be installed in proximity to caves; provided they use solid tanks and surface leach fields so as not to permit sewage to flow into the cave and otherwise conform to existing laws and regulations.
(b) It shall be unlawful to intentionally, knowingly, or recklessly burn within a cave or cave entrance any material that produces any smoke, engine exhaust, or gas substantially harmful to any naturally occurring organisms in any cave; provided that this shall not apply to caves encountered within the normal course of a construction context. [L 2002, c 241, pt of §2]
Revision Note
"June 28, 2002" substituted for "the effective date of this section".
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6D. Protection of Caves › 6D-4 Disturbance of native organisms.

§6D-4 Disturbance of native organisms.
(a) It shall be unlawful for any person to intentionally, knowingly, or recklessly remove, kill, or substantially harm any native or endemic organisms within any cave except as provided by a scientific permit obtained from the appropriate agency. This is not intended to restrict normal fishing and gathering in accordance with existing laws.
(b) This section shall not apply to caves encountered within the normal course of a construction context; provided that any cave protection mitigative measures disclosed through environmental review under chapter 343 and land use permitting processes shall be adhered to.
(c) This section shall not in any way prohibit or constrain surface activities on the land above a cave. [L 2002, c 241, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6D. Protection of Caves › 6D-6 Commercial entry.

§6D-6 Commercial entry.
(a) Any person allowing or establishing commercial entry to a cave shall obtain from the board a permit to open the cave for public entry. The department shall charge a reasonable permit processing fee and adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section.
(b) Any person that receives compensation in conjunction with a use or activity and seeks to be excluded from the permit requirement under subsection (a) shall have the burden of establishing to the satisfaction of the department that its use or activity does not constitute a commercial entry under this chapter.
(c) Commercial entry to caves shall be limited to operations in place at the time of the passage of this Act; provided the operations are in compliance with all applicable state and county statutes, ordinances, and rules. No new operations may be established until the adoption of rules by the department to implement this section.
(d) Any person allowing commercial entry at the time of the passage of this Act shall file a declaration of the person's use with the department within sixty days of the enactment of this Act. Existing operations, as recognized by the department through the declaration, within one year of the adoption of rules by the department, shall conform to the rules and all applicable state and county statutes, ordinances, and rules. [L 2002, c 241, pt of §2]
Note
The effective date of Act 241 is June 28, 2002.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6D. Protection of Caves › 6D-8 Burial discovery.

§6D-8 Burial discovery.
Anyone traversing a cave who discovers a burial site shall immediately cease their activity and leave the cave. The discovery shall be reported as soon as possible to the department. The department shall follow the procedures described in section 6E-43.6. [L 2002, c 241, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6D. Protection of Caves › 6D-9 Liability.

§6D-9 Liability.
(a) An owner of a cave who either directly or indirectly invites or permits without charge any person to use the cave for educational, native Hawaiian cultural, or scientific purposes does not:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility for, or incur liability for, any injury to person or property caused by an act of omission or commission of those persons; or
(4) Assume responsibility for, or incur liability for, any injury to any person or persons who enter the premises in response to an injured educational, native Hawaiian cultural, or scientific user.
(b) Nothing in this section shall be construed to:
(1) Create a duty of care or ground of liability for injury to persons or property; or
(2) Relieve any person using the cave of another for educational, native Hawaiian cultural, or scientific purposes from any obligation which the person may have in the absence of this section to exercise care in the person's use of that cave and in the person's activities therein, or from the legal consequences of failure to employ such care; or
(3) Limit the effect of chapter 520.
(c) Nothing in this section limits in any way any liability which otherwise exists:
(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates; and
(2) For injury suffered in any case where the owner of a cave charges a fee to any person who enters or uses the cave for educational, native Hawaiian cultural, or scientific purposes, except that in the case of land leased to the State or a political subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section. [L 2002, c 241, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6D. Protection of Caves › 6D-10 Confidentiality.

§6D-10 Confidentiality.
(a) Where the department determines in consultation with the owner that dissemination of knowledge of cave location or resources could be detrimental to their protection, then the government information on the cave location and sensitive resources shall be kept confidential.
(b) Notwithstanding subsection (a), where an owner still believes that dissemination of knowledge [of] cave location or resources could be detrimental to their protection, then the department shall keep all government information on the cave location and sensitive cave resources confidential. [L 2002, c 241, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6D. Protection of Caves › 6D-11 General administrative penalties.

§6D-11 General administrative penalties.
(a) Except as otherwise provided by law, the board or its authorized representative by proper delegation, with respect to a violation of this chapter or any rule adopted or permit issued in accordance with this chapter, may:
(1) Set, pursuant to subsection (b), charge, and collect administrative fines or bring legal action to recover administrative fees and costs, as documented by receipts or affidavit, including attorneys' fees and costs; or
(2) Bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, payment for damages, or for the cost to correct damages, resulting from violation of this chapter or any rule adopted or permit issued in accordance with this chapter.
(b) Administrative fines shall be as follows:
(1) For a first violation, a fine of not more than $10,000 for each separate offense;
(2) For a second violation within five years of a previous violation, a fine of not more than $15,000; and
(3) For a third or subsequent violation within five years of the last violation, a fine of not more than $30,000. [L 2002, c 241, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6D. Protection of Caves › 6D-12 Criminal penalties.

§6D-12 Criminal penalties.
(a) In addition to any other penalties, any person who intentionally, knowingly, or recklessly violates this chapter, any rule adopted pursuant to this chapter, or the terms and conditions of any permit issued in accordance with this chapter shall be guilty of a petty misdemeanor and shall be fined not less than:
(1) $1,000 for a first offense; and
(2) $1,500 for any subsequent offense.
(b) Intentional, knowing, or reckless damage, destruction, removal, taking, sale, or illegal possession of each specimen of cave resource shall be subject to a fine of not less than:
(1) $1,000 for a first offense; and
(2) $1,500 for any subsequent offense.
Each day of continued violation under this chapter shall constitute a distinct and separate offense for which the violator may be punished. Equipment used by the violator in the course or furtherance of the violation shall be subject to seizure and disposition by the State without compensation to its owner or owners. Penalties under this section shall not limit the imposition of penalties pursuant to chapter 6E.
(c) The fines specified in this section shall not be suspended or waived. [L 2002, c 241, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6D. Protection of Caves › 6D-13 Penalties cumulative.

§6D-13 Penalties cumulative.
(a) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against the person.
(b) Penalties under this section shall not limit the imposition of penalties pursuant to chapter 6E. [L 2002, c 241, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-1 Declaration of intent.

§6E-1 Declaration of intent.
The Constitution of the State of Hawaii recognizes the value of conserving and developing the historic and cultural property within the State for the public good. The legislature declares that the historic and cultural heritage of the State is among its important assets and that the rapid social and economic developments of contemporary society threaten to destroy the remaining vestiges of this heritage. The legislature further declares that it is in the public interest to engage in a comprehensive program of historic preservation at all levels of government to promote the use and conservation of such property for the education, inspiration, pleasure, and enrichment of its citizens. The legislature further declares that it shall be the public policy of this State to provide leadership in preserving, restoring, and maintaining historic and cultural property, to ensure the administration of such historic and cultural property in a spirit of stewardship and trusteeship for future generations, and to conduct activities, plans, and programs in a manner consistent with the preservation and enhancement of historic and cultural property. [L 1976, c 104, pt of §2]
Cross References
Foundation on culture and the arts, see chapter 9.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-4 Administration.

§6E-4 Administration.
All state historic areas and buildings surplus to the operations of the department of accounting and general services shall be transferred by executive order to the department. All state projects and programs relating to historic preservation shall come under the authority of the department. [L 1976, c 104, pt of §2; am L 2015, c 147, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-5 State historic preservation officer.

§6E-5 State historic preservation officer.
The governor shall appoint a state historic preservation officer, and may appoint the officer without regard to chapter 76, who shall be responsible for the comprehensive historic preservation program and who shall be the state liaison officer for the conduct of relations with the federal government and the respective states with regard to matters of historic preservation. The state historic preservation officer shall be appointed on the basis of professional competence and experience in the field of historic preservation and shall be placed in the department for the purposes of the state program. [L 1976, c 104, pt of §2; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-5.5 The Hawaii historic places review board; creation; powers; appointments; composition.

§6E-5.5 The Hawaii historic places review board; creation; powers; appointments; composition.
(a) There is created a review board, to be designated the Hawaii historic places review board, for the Hawaii register of historic places and the national register of historic places which shall meet the requirements of federal law. The board shall be placed within the department of land and natural resources for administrative purposes and shall consist of seven members to be appointed and removed by the governor as provided in section 26-34. The board shall include one professionally qualified member of each of the following disciplines: archaeology, architecture, history, and sociology. In addition, there shall be one person knowledgeable in traditional Hawaiian society and culture.
(b) The review board shall:
(1) Order and enter historic properties into the Hawaii register of historic places on the basis of their value to Hawaii's heritage;
(2) Evaluate and, when appropriate, recommend the nomination of historic properties to the national register of historic places;
(3) Review the state survey of historic properties undertaken in accordance with this chapter;
(4) Review the content of the state historic preservation plan developed in accordance with this chapter;
(5) Elect a chairperson and a vice-chairperson and adopt such rules as are necessary for the purposes of this section;
(6) Maintain the Hawaii register of historic places, including all those listed on the national register of historic places, and a program of notification and publication regarding properties on the registers; and
(7) Develop policies on signage in historic districts.
(c) The members of the review board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
(d) The department's determinations made pursuant to section 6E-8 may be appealed to the review board. [L 1980, c 293, § §9, 10; gen ch 1993; am L 1995, c 187, §1; am L 2012, c 150, §2; am L 2021, c 232, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-6 Depositories for certain specimens and objects.

§6E-6 Depositories for certain specimens and objects.
The department shall serve as or shall determine the depository for all field notes, photographs, negatives, maps, artifacts, or other materials generated or recovered through historic preservation projects supported in whole or in part by the State or taking place on state lands.
Any aviation artifact or any specimen and object of natural and of botanical, ethnological, architectural, historical, or archaeological value or interest, and any book, treatise, or pamphlet relating thereto in the possession of the University of Hawaii, or any other state agency or its political subdivisions, if and when the same is no longer needed for scientific investigation, for study, or for any other purpose, at the request of the Bishop Museum or other qualified museums in this State, shall be transferred and delivered by and with the consent of such department, bureau, or board having possession thereof, to the Bishop Museum or other qualified museum, or exchanged with such museum, and whereupon, the title shall become vested in such museum and shall be held by them; provided that the aviation artifacts or any specimens and objects so transferred are made available at all reasonable times by the museum for study and examination by the officials of the university of such department, bureau, or board and to qualified scholars. [L 1976, c 104, pt of §2; am L 1996, c 97, §5]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-7 State title to historic property.

§6E-7 State title to historic property.
(a) All historic property located on lands or under waters owned or controlled by the State shall be the property of the State. The control and management of the historic property shall be vested in the department.
(b) The department may dispose of the historic property subject to chapter 171 and subject further to those reservations, restrictions, covenants, or conditions which relate to the preservation of the historic property, such as rights of access, public visitation, operation, maintenance, restoration, and repair. The department shall determine the conditions for any research affecting the historic property and may issue permits for the research.
(c) The State shall hold known burial sites located on lands or under waters owned or controlled by the State in trust for preservation or proper disposition by the lineal or cultural descendants.
(d) The State shall not transfer any historic property or aviation artifact under its jurisdiction without the concurrence of the department, and shall not transfer any burial site under its jurisdiction without consulting the appropriate island burial council. [L 1976, c 104, pt of §2; am L 1985, c 124, §1; am L 1990, c 306, §6; am L 1996, c 97, §6]
2023 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).
2023 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]
2023 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 $20,000 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; am L 2022, c 212, §2]
2023 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]
2023 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 not more than $25,000. Each historic 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; am L 2022, c 212, §3]
2023 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).
2023 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]
2023 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]
2023 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.
2023 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.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 6E. Historic Preservation › 6E-18 President Barack Obama historical markers.

§6E-18 President Barack Obama historical markers.
(a) The department shall consult with the Hawaii tourism authority and state foundation on culture and the arts to identify sites in the State that were significant in the life of President Barack Obama, the forty-fourth President of the United States of America, and determine appropriate locations for historical markers to indicate these significant sites.
(b) The department shall place historical markers at the locations identified pursuant to subsection (a); provided that:
(1) If the location identified for a historical marker is on privately owned property, the historical marker shall only be placed if the property owner agrees to have the marker placed at that location;
(2) If an owner of private property does not agree to have a marker placed on the owner's property, the marker may be placed on public property in close proximity to that location; and
(3) If the location identified for a historical marker is a private residence, the historical marker shall be placed only if the owner agrees to have a historical marker placed either at the residence or on public property in close proximity to that location. [L 2022, c 210, §1]
2023 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]