§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
in the event it has already begun, continued, until the department shall have
given its written concurrence.



The department is to 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 request the Hawaii advisory council on
historic preservation to report or 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. [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]