reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 276 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL INVENTORY SURVEYS AND REPORTS › Section 13-276-6 - Final disposition of collections

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 276 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL INVENTORY SURVEYS AND REPORTS › Section 13-276-7 - Significance assessments

Current through June, 2024
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, which shall be labeled "Significance
				  Assessments" and shall include a summary table listing all sites and their
				  significance.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 276 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL INVENTORY SURVEYS AND REPORTS › Section 13-276-8 - Recommendations

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 276 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL INVENTORY SURVEYS AND REPORTS › Section 13-276-9 - Penalty

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 277 - RULES GOVERNING REQUIREMENTS FOR ARCHAEOLOGICAL SITE PRESERVATION AND DEVELOPMENT › Section 13-277-2 - Definitions

Current through June, 2024
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.
"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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 277 - RULES GOVERNING REQUIREMENTS FOR ARCHAEOLOGICAL SITE PRESERVATION AND DEVELOPMENT › Section 13-277-3 - Preservation plan

Current through June, 2024
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;
(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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 277 - RULES GOVERNING REQUIREMENTS FOR ARCHAEOLOGICAL SITE PRESERVATION AND DEVELOPMENT › Section 13-277-4 - Buffer zones

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 277 - RULES GOVERNING REQUIREMENTS FOR ARCHAEOLOGICAL SITE PRESERVATION AND DEVELOPMENT › Section 13-277-5 - Interim protection measures

Current through June, 2024
Interim protection measures shall protect the significant
				  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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 277 - RULES GOVERNING REQUIREMENTS FOR ARCHAEOLOGICAL SITE PRESERVATION AND DEVELOPMENT › Section 13-277-6 - Long term preservation measures

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 277 - RULES GOVERNING REQUIREMENTS FOR ARCHAEOLOGICAL SITE PRESERVATION AND DEVELOPMENT › Section 13-277-7 - Interpretation requirements

Current through June, 2024
(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
(3) Located so as not to adversely affect the
				site visually.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 277 - RULES GOVERNING REQUIREMENTS FOR ARCHAEOLOGICAL SITE PRESERVATION AND DEVELOPMENT › Section 13-277-8 - Penalty

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 278 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL DATA RECOVERY STUDIES AND REPORTS › Section 13-278-1 - Policy and purpose

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 278 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL DATA RECOVERY STUDIES AND REPORTS › Section 13-278-2 - Definitions

Current through June, 2024
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 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" mean the
				  state historic preservation division within the state department of land and
				  natural resources.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 278 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL DATA RECOVERY STUDIES AND REPORTS › Section 13-278-3 - Preparation of a data recovery Plan

Current through June, 2024
(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:
(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;
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 278 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL DATA RECOVERY STUDIES AND REPORTS › Section 13-278-4 - Archaeological data recovery report

Current through June, 2024
(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:
(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 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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 278 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL DATA RECOVERY STUDIES AND REPORTS › Section 13-278-5 - Final disposition of collections

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 278 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL DATA RECOVERY STUDIES AND REPORTS › Section 13-278-6 - Penalty

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 279 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL MONITORING STUDIES AND REPORTS › Section 13-279-1 - Policy and purpose

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 279 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL MONITORING STUDIES AND REPORTS › Section 13-279-3 - Archaeological monitoring, generally

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 279 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL MONITORING STUDIES AND REPORTS › Section 13-279-4 - Archaeological monitoring plan

Current through June, 2024
(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;
(7) Report
				preparation; and
(8) Archiving of
				any collections.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 279 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL MONITORING STUDIES AND REPORTS › Section 13-279-5 - Monitoring report

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 279 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL MONITORING STUDIES AND REPORTS › Section 13-279-6 - Final disposition of collections and human skeletal remains

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 279 - RULES GOVERNING STANDARDS FOR ARCHAEOLOGICAL MONITORING STUDIES AND REPORTS › Section 13-279-7 - Penalty

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 280 - RULES GOVERNING GENERAL PROCEDURES FOR INADVERTENT DISCOVERIES OF HISTORIC PROPERTIES DURING A PROJECT COVERED BY THE HISTORIC PRESERVATION REVIEW PROCESS › Section 13-280-1 - Policy and purpose

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 280 - RULES GOVERNING GENERAL PROCEDURES FOR INADVERTENT DISCOVERIES OF HISTORIC PROPERTIES DURING A PROJECT COVERED BY THE HISTORIC PRESERVATION REVIEW PROCESS › Section 13-280-3 - Procedure for inadvertent discoveries

Current through June, 2024
(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 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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 280 - RULES GOVERNING GENERAL PROCEDURES FOR INADVERTENT DISCOVERIES OF HISTORIC PROPERTIES DURING A PROJECT COVERED BY THE HISTORIC PRESERVATION REVIEW PROCESS › Section 13-280-4 - Proceeding with the project in the immediate vicinity of the historic property

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 280 - RULES GOVERNING GENERAL PROCEDURES FOR INADVERTENT DISCOVERIES OF HISTORIC PROPERTIES DURING A PROJECT COVERED BY THE HISTORIC PRESERVATION REVIEW PROCESS › Section 13-280-5 - Penalty

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 281 - RULES GOVERNING PROFESSIONAL QUALIFICATIONS › Section 13-281-1 - Purpose

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 281 - RULES GOVERNING PROFESSIONAL QUALIFICATIONS › Section 13-281-2 - Definitions

Current through June, 2024
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.
"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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 281 - RULES GOVERNING PROFESSIONAL QUALIFICATIONS › Section 13-281-3 - Archaeology

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 281 - RULES GOVERNING PROFESSIONAL QUALIFICATIONS › Section 13-281-5 - Architectural history

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 281 - RULES GOVERNING PROFESSIONAL QUALIFICATIONS › Section 13-281-6 - Ethnography

Current through June, 2024
(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:
(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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 281 - RULES GOVERNING PROFESSIONAL QUALIFICATIONS › Section 13-281-7 - History

Current through June, 2024
A historian shall possess one or both of the following
				  professional qualifications:
(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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 281 - RULES GOVERNING PROFESSIONAL QUALIFICATIONS › Section 13-281-8 - Physical anthropology

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 281 - RULES GOVERNING PROFESSIONAL QUALIFICATIONS › Section 13-281-9 - Advice available from state historic preservation division

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 281 - RULES GOVERNING PROFESSIONAL QUALIFICATIONS › Section 13-281-10 - Penalty

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 282 - RULES GOVERNING PERMITS FOR ARCHAEOLOGICAL WORK › Section 13-282-1 - Policy and purpose

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 282 - RULES GOVERNING PERMITS FOR ARCHAEOLOGICAL WORK › Section 13-282-2 - Definitions

Current through June, 2024
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.
"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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 282 - RULES GOVERNING PERMITS FOR ARCHAEOLOGICAL WORK › Section 13-282-3 - Archaeological permits

Current through June, 2024
(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,
				nonprofit 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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 282 - RULES GOVERNING PERMITS FOR ARCHAEOLOGICAL WORK › Section 13-282-4 - Fees

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 282 - RULES GOVERNING PERMITS FOR ARCHAEOLOGICAL WORK › Section 13-282-5 - Penalty

Current through June, 2024
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, shall forfeit all items
				collected and all recorded information to the SHPD; and
(3) A permit may be revoked.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 283 - RULES GOVERNING STANDARDS FOR OSTEOLOGICAL ANALYSIS OF HUMAN SKELETAL REMAINS › Section 13-283-1 - Policy and purpose

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 283 - RULES GOVERNING STANDARDS FOR OSTEOLOGICAL ANALYSIS OF HUMAN SKELETAL REMAINS › Section 13-283-2 - Definitions

Current through June, 2024
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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 283 - RULES GOVERNING STANDARDS FOR OSTEOLOGICAL ANALYSIS OF HUMAN SKELETAL REMAINS › Section 13-283-3 - Osteological analysis and recording

Current through June, 2024
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) Intracranial
				measurements form.
(9) Intracranial
				morphology form.
(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.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 283 - RULES GOVERNING STANDARDS FOR OSTEOLOGICAL ANALYSIS OF HUMAN SKELETAL REMAINS › Section 13-283-4 - Report of osteological analysis

Current through June, 2024
(a) A report on the
				osteological analyses, 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;
(v) Salient morphological
				features of the skull, teeth, and infracranial skeleton; and
(vi) Time since death.
(5) Findings; and
(6) References.