§6E-8  Review of effect of proposedstate projects.  (a)  Before any agency or officer of the State or itspolitical subdivisions commences any project which may affect historicproperty, aviation artifact, or a burial site, the agency or officer shall advisethe department and allow the department an opportunity for review of the effectof the proposed project on historic properties, aviation artifacts, or burialsites, consistent with section 6E-43, especially those listed on the Hawaiiregister of historic places.  The proposed project shall not be commenced, orin the event it has already begun, continued, until the department shall havegiven its written concurrence.

The department is to provide writtenconcurrence or non-concurrence within ninety days after the filing of a requestwith the department.  The agency or officer seeking to proceed with theproject, or any person, may appeal the department's concurrence ornon-concurrence to the Hawaii historic places review board.  An agency,officer, or other person who is dissatisfied with the decision of the reviewboard may apply to the governor, who may request the Hawaii advisory council onhistoric preservation to report or who may take action as the governor deemsbest in overruling or sustaining the department.

(b)  The department of Hawaiian home lands,prior to any proposed project relating to lands under its jurisdiction, shallconsult with the department regarding the effect of the project upon historicproperty or a burial site.

(c)  The State, its political subdivisions,agencies, and officers shall report to the department the finding of anyhistoric property during any project and shall cooperate with the department inthe investigation, recording, preservation, and salvage of the property. [L1976, 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]