Haw. Code R. § 13-284-6 - Evaluation of significance

(a) Once a historic property is identified, then an assessment of significance shall occur. The agency shall make this initial assessment or delegate this assessment, in writing, to the SHPD. This information shall be submitted concurrently with the survey report, if historic properties were found in the survey.

(b) To be significant, a historic property shall possess integrity of location, design, setting, materials, workmanship, feeling, and association and shall meet one or more of the following criteria:

(1) Criterion "a". Be associated with events that have made an important contribution to the broad patterns of our history;

(2) Criterion "b". Be associated with the lives of persons important in our past;

(3) Criterion "c". Embody the distinctive characteristics of a type, period, or method of construction; represent the work of a master; or possess high artistic value;

(4) Criterion "d". Have yielded, or is likely to yield, information important for research on prehistory or history; or

(5) Criterion "e". Have an important value to the native Hawaiian people or to another ethnic group of the state due to associations with cultural practices once carried out, or still carried out, at the property or due to associations with traditional beliefs, events or oral accounts--these associations being important to the group's history and cultural identity.

A group of sites can be collectively argued to be significant under any of the criteria.

(c) Prior to submission of significance evaluations for properties other than architectural properties, the agency shall consult with ethnic organizations or members of the ethnic group for whom some of the historic properties may have significance under criterion "e", to seek their views on the significance evaluations. For native Hawaiian properties which may have significance under criterion "e", the Office of Hawaiian Affairs also shall be consulted.

(d) Significance assessments shall be submitted to the SHPD for review. The SHPD shall agree or disagree with the significance evaluations within forty five days of receipt of the significance evaluations.

(1) The assessment shall:

(A) Present a table which lists each historic property and identifies all applicable criteria of significance for each property; and

(B) Provide justification for classifying the property within these criteria, it being allowable to make this justification general for similar types of archaeological sites. Supportive documentation shall be cited; and

(C) Evidence of any consultation shall be submitted with the assessment, to include:

(i) A description of the consultation process used;

(ii) A list of the individuals or organizations contacted; and

(iii) A summary of the views and concerns expressed.

(2) If the SHPD disagrees with the initial significance assessments or if it believes more information is needed to evaluate the significance of a historic property, a letter shall be sent to the agency presenting the SHPD's findings. To proceed with the review process, the agency shall consult with the SHPD as needed to resolve differences, and resubmit the initial significance assessments.

(3) If the SHPD agrees with the initial significance assessments, a letter of agreement shall be sent to the agency.

(4) Once agreement is reached on significance of the properties, the SHPD shall enter all significance assessments in the Hawaii inventory of historic places, as consensus determinations.

(e) If there is an agreement that none of the historic properties are significant, then the historic preservation review ends and SHPD shall issue its written concurrence to the project in the form of a "no historic properties affected" determination. When significant historic properties are present, then impacts of the proposed action on these properties shall be assessed, and mitigation commitments shall be devised as needed.

Notes

Haw. Code R. § 13-284-6

[Eff DEC 11 2003] (Auth: HRS §§ 6E-3) (Imp: HRS §§ 6E-1, 6E-3, 6E-42)