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DHHL, SHPD and OPSD outline path to speed reviews while SHPD stresses safeguards (HP 2223)
Summary
HP 2223 would let DHHL internalize certain historic‑preservation reviews under a programmatic agreement and MOA with SHPD; DHHL said long review delays and a backlog justify the change while SHPD said it supports assistance but stressed consultation and annual reporting.
HP 2223 prompted extended agency discussion about whether the Department of Hawaiian Home Lands can internalize some HRS §6E historic‑preservation reviews under a memorandum of agreement with the State Historic Preservation Division.
Jessica Fauci, administrator of SHPD, told the committee SHPD stands on its submitted comments and said she would amend her testimony to support DHHL’s efforts to secure subject‑matter expertise to carry out delegated reviews, provided appropriate consultation and annual reporting remain in place.
DHHL representatives explained significant backlog and review timelines and framed internalization as a way to move projects through the queue for beneficiaries. A DHHL speaker said the duration for some reviews is “about 145 days” and that approximately 30,000 applicants are on an implied waiting list — language the DHHL witness used to argue for local capacity to streamline certain reviews while preserving consultation on projects that would directly impact historic properties or kupuna iwi.
SHPD described an existing programmatic agreement that allows DHHL to internalize certain Section 106 (NAHASDA) reviews provided DHHL follows agreed processes, consults with SHPD and submits annual reports. SHPD said the same approach could apply to the HRS §6E process if safeguards and clear MOA terms are included.
Committee members pressed for clarity on which reviews could be delegated, how federal triggers (such as Section 106 and federal permits) would continue to apply, and whether an MOA would be sufficient to ensure protections. SHPD said it is open to expanding MOA terms and to adding subject‑matter expertise to DHHL to improve submittal quality and speed reviews.
The chair moved HP 2223 forward with an HD1 and the committee adopted the chair’s recommendation to continue working on the statutory and MOA language.
