Haw. Code R. § 13-280-3 - Procedure for inadvertent discoveries

(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.

(b) For inadvertent discoveries made after an archaeological assessment or inventory survey and prior to construction, the procedure enumerated in subsection 13-280-3(a) shall be followed except for step one.

(c) After notification of the SHPD of the discovery, mitigation plan decisions shall be made within five working days or by a mutually agreed upon date.

Notes

Haw. Code R. § 13-280-3

[Eff DEC 11 2003] (Auth: HRS § 6E-3) (Imp: HRS §§ 6E-3, 6E-7, 6E-8, 6E-42)