HB 2223: DHHL; Historic Preservation Review; Appropriation
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-02-18
Current Status:
Failed
(2026-02-19: Report adopted; referred to the committee(s) on FIN as amended in HD 2 with Representative(s) Poepoe voting aye with reservations; Representative(s) Cochran, Pierick, Shimizu voting no (3) and none excused (0).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill allows the Department of Hawaiian Home Lands (DHHL) to conduct its own reviews of how proposed projects on DHHL land affect historic properties and burial sites, as long as DHHL uses a qualified specialist or consultant, shares reports with the state preservation office, and consults island burial councils for burial finds. It appropriates $400,000 to create four full‑time positions: a historic preservation specialist, an archaeologist, an architectural historian, and a cultural historian. The state historic preservation department keeps authority over projects affecting properties listed or nominated for the Hawaii or National Registers.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Permits the Department of Hawaiian Home Lands to conduct a review of the effect of a proposed project on lands under its jurisdiction on historical properties and burial sites, subject to certain requirements. Appropriates funds. Effective 7/1/3000. (HD2)
Permits the Department of Hawaiian Home Lands to conduct a review of the effect of a proposed project on lands under its jurisdiction on historical properties and burial sites, subject to certain requirements. Appropriates funds. Effective 7/1/3000. (HD1)
Permits the Department of Hawaiian Home Lands to conduct a review of the effect of a proposed project on lands under its jurisdiction on historical properties and burial sites, subject to certain requirements. Appropriates funds.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2223 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION REVIEWS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that historic preservation reviews play an important role in the protection and management of the State's historic properties and burial sites. The legislature further finds that under the current process for historic preservation reviews, before the department of Hawaiian home lands can commence any proposed project on lands under its jurisdiction, it must first consult with the department of land and natural resources regarding the effect of the project on historic properties or burial sites.
The purpose of this Act is to:
(1) Allow the department of Hawaiian home lands to conduct its own review of the effect of any proposed project on lands under its jurisdiction on historic properties or burial sites; and
(2) Appropriate funds.
SECTION 2. Section 6E-8, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) [The] Notwithstanding
subsection (a), the department of Hawaiian home lands[, before commencing] may, subject to the
requirements of this chapter and any administrative rule adopted thereunder,
review the effect of 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[.]; provided
that in conducting its review, the department of Hawaiian home lands shall:
(1) Either:
(A) Designate the review to a Hawaiian home lands historic preservation specialist who has professional competence and experience in the field of historic preservation; has institutional knowledge of the department of Hawaiian home lands or the state historic preservation division, or both; and who has received a written delegation of authority to review the effect of department of Hawaiian home lands projects on historic property or a burial site from the state historic preservation officer, for the purposes of carrying out section 6E-43 or 6E-43.6, as appropriate; or
(B) Hire or contract a fee-for-service consultant who has professional competence and experience in the field of historic preservation;
(2) Ensure that copies of all reports, maps, and documents, including those reflecting the Hawaiian home lands historic preservation specialist's or consultant's comments, recommendations, and decisions, are provided to the department to be incorporated into the historic preservation digital document management system and library;
(3) Notify the department that the department of Hawaiian home lands will be reviewing the effect of the project when initiating review and provide the department with a copy of the written concurrence or nonconcurrence at the end of the review; and
(4) Consult with the appropriate island burial council on any projects impacting a previously identified burial site or if a burial site is inadvertently discovered pursuant to section 6E-43 or 6E-43.6, or both, as appropriate.
The department shall retain authority for review under this section for projects affecting properties listed or nominated for inclusion in the Hawaii register of historic places or the national register of historic places."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $400,000 or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of the following positions:
(1) One full-time equivalent (1.0 FTE) historic preservation specialist;
(2) One full-time equivalent (1.0 FTE) archaeologist who meets the state professional qualifications for an archaeologist pursuant to section 13-281-3, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the National Historic Preservation Act of 1966, P.L. 89-665;
(3) One full-time equivalent (1.0 FTE) architectural historian who meets the state professional qualifications for an architectural historian pursuant to section 13-281-5, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the National Historic Preservation Act of 1966, P.L. 89-665; and
(4) One full-time equivalent (1.0 FTE) cultural historian who meets the state professional qualifications for a historian pursuant to section 13-281-7, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the National Historic Preservation Act of 1966, P.L. 89-665.
The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000; provided that the amendments made to section 6E-8, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2030, pursuant to section 7 of Act 306, Session Laws of Hawaii 2025.
Report Title:
DHHL; Historic Preservation Review; Appropriation
Description:
Permits the Department of Hawaiian Home Lands to conduct a review of the effect of a proposed project on lands under its jurisdiction on historical properties and burial sites, subject to certain requirements. Appropriates funds. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2223 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO HISTORIC PRESERVATION REVIEWS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that historic preservation reviews play an important role in the protection and management of the State's historic properties and burial sites. The legislature further finds that under the current process for historic preservation reviews, before the department of Hawaiian home lands can commence any proposed project on lands under its jurisdiction, it must first consult with the department of land and natural resources regarding the effect of the project on historic properties or burial sites.
The purpose of this Act is to:
(1) Allow the department of Hawaiian home lands to conduct its own review of the effect of any proposed project on lands under its jurisdiction on historic properties or burial sites; and
(2) Appropriate funds.
SECTION 2. Section 6E-8, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) [The] Notwithstanding
subsection (a), the department of Hawaiian home lands[, before commencing] may, subject to the
requirements of this chapter and any administrative rule adopted thereunder,
review the effect of 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[.]; provided
that in conducting its review, the department of Hawaiian home lands shall:
(1) Either:
(A) Designate the review to a Hawaiian home lands historic preservation specialist who has professional competence and experience in the field of historic preservation; has institutional knowledge of the department of Hawaiian home lands or the state historic preservation division, or both; and who has received a written delegation of authority to review the effect of department of Hawaiian home lands projects on historic property or a burial site from the state historic preservation officer, for the purposes of carrying out section 6E-43 or 6E-43.6, as appropriate; or
(B) Hire or contract a fee-for-service consultant who has professional competence and experience in the field of historic preservation;
(2) Ensure that copies of all reports, maps, and documents, including those reflecting the Hawaiian home lands preservation officer's comments, recommendations, and decisions, are provided to the department to be incorporated into the historic preservation digital document management system and library;
(3) Notify the department that the department of Hawaiian home lands will be reviewing the effect of the project when initiating review and provide the department with a copy of the written concurrence or nonconcurrence at the end of the review; and
(4) Consult with the appropriate island burial council on any projects impacting a previously identified burial site or if a burial site is inadvertently discovered pursuant to section 6E—43 or 6E-43.6, or both, as appropriate.
The department shall retain authority for review under this section for projects affecting properties listed or nominated for inclusion in the Hawaii register of historic places or the national register of historic places."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $400,000 or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of the following positions:
(1) One full-time equivalent (1.0 FTE) historic preservation specialist;
(2) One full-time equivalent (1.0 FTE) archaeologist who meets the state professional qualifications for an archaeologist pursuant to section 13-281-3, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic Preservation Act of 1966, P. L. 89-665;
(3) One full-time equivalent (1.0 FTE) architectural historian who meets the state professional qualifications for an architectural historian pursuant to section 13-281-5, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic Preservation Act of 1966, P. L. 89-665; and
(4) One full-time equivalent (1.0 FTE) cultural historian who meets the state professional qualifications for an architectural historian pursuant to section 13-281-7, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic Preservation Act of 1966, P. L. 89-665.
The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000; provided that the amendments made to section 6E-8, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2030, pursuant to section 7 of Act 306, Session Laws of Hawaii 2025.
Report Title:
Department of Hawaiian Home Lands; Historic Preservation Review; Appropriation
Description:
Permits the Department of Hawaiian Home Lands to conduct a review of the effect of a proposed project on lands under its jurisdiction on historical properties and burial sites, subject to certain requirements. Appropriates funds. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2223 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to historic preservation reviews.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that historic preservation reviews play an important role in the protection and management of the State's historic properties and burial sites. The legislature further finds that under the current process for historic preservation reviews, before the department of Hawaiian home lands can commence any proposed project on lands under its jurisdiction it must first consult with the department of land and natural resources regarding the effect of the project on historic properties or burial sites.
The purpose of this Act is to:
(1) Permit the department of Hawaiian home lands to conduct its own review of the effect of any proposed project on lands under its jurisdiction on historic properties or burial sites; and
(2) Appropriate funds.
SECTION 2. Section 6E-8, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) [The] Notwithstanding
subsection (a), the department of Hawaiian home lands[, before commencing] may, subject to the
requirements of this chapter and any administrative rule adopted thereunder,
review the effect of 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[.]; provided
that in conducting its review the department of Hawaiian home lands shall:
(1) Either:
(A) Designate the review to a Hawaiian home lands historic preservation specialist who has professional competence and experience in the field of historic preservation; has institutional knowledge of the department of Hawaiian home lands or the state historical preservation division, or both; and who has received a written delegation of authority to review the effect of department of Hawaiian home lands projects on historic property or a burial site from the state historic preservation officer, for the purposes of carrying out section 6E-43 or 6E-43.6, as appropriate; or
(B) Hire or contract a fee for service consultant who has professional competence and experience in the field of historic preservation;
(2) Ensure that copies of all reports, maps, and documents, including those reflecting the Hawaiian home lands preservation officer's comments, recommendations, and decisions, are provided to the department to be incorporated into the historic preservation digital document management system and library;
(3) Notify the department that the department of Hawaiian home lands will be reviewing the effect of the project when initiating review and provide the department with a copy of the written concurrence or nonconcurrence at the end of the review; and
(4) Consult with the appropriate island burial council on any projects impacting a previously identified burial site or if a burial site is inadvertently discovered pursuant to section 6E—43 or 6E-43.6, or both, as appropriate.
The department shall retain authority for review under this section for projects affecting properties listed or nominated for inclusion in the Hawaii register of historic places or the national register of historic places."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $400,000 or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of the following positions:
(1) One full-time equivalent (1.0 FTE) historic preservation specialist;
(2) One full-time equivalent (1.0 FTE) archaeologist who meets the state professional qualifications for an archaeologist pursuant to section 13-281-3, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic Preservation Act of 1966, P. L. 89-665;
(3) One full-time equivalent (1.0 FTE) architectural historian who meets the state professional qualifications for an architectural historian pursuant to section 13-281-5, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic Preservation Act of 1966, P. L. 89-665; and
(4) One full-time equivalent (1.0 FTE) cultural historian who meets the state professional qualifications for an architectural historian pursuant to section 13-281-7, Hawaii Administrative Rules, and the Secretary of the Interior Professional Qualifications Standards pursuant to section 112(a)(1)(A) of the Historic Preservation Act of 1966, P. L. 89-665.
The sum appropriated shall be expended by the department of Hawaiian home lands for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 2, 2026; provided that the amendments made to section 6E-8, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on June 30, 2030, pursuant to section 7 of Act 306, Session Laws of Hawaii 2025.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Department of Hawaiian Home Lands; Historic Preservation Review; Appropriation
Description:
Permits the Department of Hawaiian Home Lands to conduct a review of the effect of a proposed project on lands under its jurisdiction on historical properties and burial sites, subject to certain requirements. Appropriates funds.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
Date
|
Status
|
|---|---|
| Feb 19, 2026 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with Representative(s) Poepoe voting aye with reservations; Representative(s) Cochran, Pierick, Shimizu voting no (3) and none excused (0). |
| Feb 19, 2026 | Reported from JHA (Stand. Com. Rep. No. 584-26) as amended in HD 2, recommending referral to FIN. |
| Feb 12, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Sayama, Takayama, Garcia; Ayes with reservations: Representative(s) Shimizu; 1 Noes: Representative(s) Cochran; and 1 Excused: Representative(s) Belatti. |
| Feb 10, 2026 | Bill scheduled to be heard by JHA on Thursday, 02-12-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 10, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; Representative(s) Cochran, Pierick, Shimizu voting no (3) and none excused (0). |
| Feb 9, 2026 | Reported from WAL (Stand. Com. Rep. No. 99-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Feb 5, 2026 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Hashem, Morikawa, Ichiyama, Poepoe, Woodson, Souza; Ayes with reservations: none; 1 Noes: Representative(s) Shimizu; and 2 Excused: Representative(s) Belatti, Iwamoto. |
| Feb 2, 2026 | Bill scheduled to be heard by WAL on Thursday, 02-05-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE. |
| Jan 30, 2026 | Referred to WAL, JHA, FIN, referral sheet 5 |
| Jan 28, 2026 | Introduced and Pass First Reading. |
| Jan 26, 2026 | Pending introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Feb 12, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Feb 5, 2026 | The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Water & Land |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| CARES | ** Support | |
| Department of Hawaiian Home Lands | ** Support | |
| Department of Hawaiian Home Lands and Office of Planning | ** Support | |
| Hawaiian Homes Commission | *** Support | Feb 12, 2026 |
| Kingdom of The Hawaiian Islands & Ohana Unity Party | *** Support | Feb 12, 2026 |
| Koʻolau Foundation | ** Support | |
| Office of Planning and Sustainable Development | ** Support | |
| State of Hawaiʻi | *** Support | Feb 12, 2026 |
| Sustainable Development | ** Support |
STAND. COM. REP. NO. 584-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 2223
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2223, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Allow the Department of Hawaiian Home Lands to conduct a review of the effect of a proposed project on lands under its jurisdiction on historic properties and burial sites, subject to certain requirements; and
(2) Appropriate funds to establish positions in the Department of Hawaiian Home Lands for the reviews.
Your Committee received testimony in support of this measure from the Office of Planning and Sustainable Development; Department of Hawaiian Home Lands; Koʻolau Foundation; CARES; and one individual. Your Committee received comments on this measure from the Department of Land and Natural Resources.
Your Committee finds that under existing law, the Department of Hawaiian Home Lands is required to consult with the Department of Land and Natural Resources regarding the effect of any proposed project relating to lands under the Department of Hawaiian Home Lands' jurisdiction on historic properties or burial sites. Your Committee recognizes that this review process is delaying projects that would provide housing for beneficiaries of the Department of Hawaiian Home Lands. Streamlining this process by allowing the Department of Hawaiian Home Lands to assume review of these projects, as intended by this measure, will allow the construction of these proposed projects to be expedited.
Your Committee has amended this measure by:
(1) Clarifying that the Department of Hawaiian Home Lands must provide the Hawaiian home lands historic preservation specialist's or consultant's comments, recommendations, and decisions to the Department of Land and Natural Resources to be incorporated into the historic preservation digital document management system and library; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2223, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 2223, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
|
|
|
____________________________ DAVID A. TARNAS, Chair |
STAND. COM. REP. NO. 99-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 2223
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Water & Land, to which was referred H.B. No. 2223 entitled:
"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION REVIEWS,"
begs leave to report as follows:
Your Committee finds that the existing requirement for the Department of Hawaiian Home Lands to consult with the State Historic Preservation Division for every project can create significant administrative bottlenecks. By allowing the Department of Hawaiian Home Lands to perform these reviews internally through qualified specialists, this measure would accelerate the permitting process while maintaining rigorous historic and cultural preservation goals.
Your Committee has amended this measure by:
(1) Changing its effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2223, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2223, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Water & Land,
|
|
|
____________________________ MARK J. HASHEM, Chair |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Feb 12, 2026 | HB2223_HD1_TESTIMONY_JHA_02-12-26_.PDF |
| Feb 5, 2026 | HB2223_TESTIMONY_WAL_02-05-26_.PDF |
Discussed in Hearing
15MIN
House Standing Committee on Judiciary & Hawaiian Affairs
4MIN
House Standing Committee on Judiciary & Hawaiian Affairs
1MIN
House Floor
12MIN
House Standing Committee on Water & Land
41SEC
