Cox, Doak C.

Hackler, Rhoda

Joerger, Pauline King

Johnson, Donald D.

Tuggle, David

ScholarSpace at University of Hawai'i at Manoa

University of Hawaii at ManoaEnvironmental CenterCrawford 317. 2550 Campus RoadHonolulu, Hawaii 96822Telephone (808) 948-7361Office of the DirectorHB 2404-78, HB 2584-78, and HB 2877-78RELATING TO HISTORIC PRESERVATIONRL:0276Statement for theHouse Committee on Water, Land Use Development and Hawaiian HomesHouse Committee on Culture and ArtsPublic Hearing 1 March 1978byDoak C. Cox, Environmental CenterRhoda Hackler, HistoryPauline King Joerger, HistoryDonald D. Johnson, HistoryDavid Tuggle, AnthropologyBecause HB 2404, HB 2584, and HB 2877, all relate to the Historic Preserva-tion Program, we combine our comments on these bills in a single statement.The statement does not reflect an institutional position either of theUniversity or of the Review Board for the Register of Historic Properties,of which Tuggle is a member.HB 2404The first amendment proposed in HB 2404 is in the form of a new section ofHRS Chapter 171 which would require that, within three years of the designationof a historic property by the State, the site must be acquired by the State.It seems assumed that the designation of a historic property in all casesimplies its public acquisition. Under HRS Chapter 6E on Historic Preservation,Section 6E-3 permits, but does not require DLNR to acquire historic properties,and indeed Section 6E-10 recognizes that there may be privately-owned historicproperties. The purpose of the historic preservation program is to provideprotection to historic properties, but the protection may be provided byregulation of use independent of ownership.An important effect of HB 2404 would be resistance to having propertiesofficially designated as historically important by both the State and privateowners--the State because it would have to provide funds for acquisition, andprivate owners because they would be deprived of the use of the properties.The effectiveness of the historic preservation program would thus be reduced,not enhanced. This detrimental effect might be warranted if it were clear thatAN EQUAL OPPORTUNITY EMPLOYERIHB 2404-78, HB 2584-78and HB 287.7-78Page 2RL:0276the State universally provided better protection to historic properties thanprivate owners, but many excellent examples may be found of private protectionand use of historic properties.The same amendment would require State acquisition of properties designatedas historic by the federal government. Again public acquisition is not alwaysintended in such designation; it is not appropriate that the State obligateitself to purchase properties at federal initiative; and the State could notacquire a historic property owned by the federal government without federalconsent.The second amendment would require counties to acquire properties theydesignate as historic. The same objections may be raised to this amendment aswith the provision regarding the properties designated by the State in thefirst amendment.We consider that the amendments proposed in HB 2404 would be detrimentalto the Historic Preservation Program .. - - ---_ ..... - ~-_._- .._--_._---_._.~------- -.--------._-------- ----- -- -- ---- --- --HB 2584 and HB 2877HB 2584 and HB 2877 propose to replace the requirement in HRS 6E-5 thatthe State Historic Preservation Officer shall be a person with professionalcompetence in the field of historic preservation with a provision that theChairperson of the Department of Land and Natural Resources shall serve asthe Historic Preservation Officer. The responsibilities of the HistoricPreservation Officer, which are identified in the same section, requireprofessional competence. The quality of the Historic Preservation Programdepends critically on the competence of its chief officer and on his relativefreedom from political pressures. If passed, the amendment, proposed inHB 2584 or HB 2877 would result inevitably in the weakening of the program.HB 2877 would, in addition, allow the Historic Preservation Officer torequest assistance from the administrator of the Division of State Parks,Outdoor Recreation, and Historic Sites. Legislation to authorize such requestfor assistance should not be necessary...'Q .....

HB 2404-78, HB 2584-78, and HB 2877-78, Relating to Historic Preservation - Statement for the House Committee on Water, Land Use Development and Hawaiian Homes House Committee on Culture and Arts Public Hearing 1 March 1978

http://scholarspace.manoa.hawaii.edu/bitstream/10125/31185/1/RL0276.pdf

HB 2404-78, HB 2584-78, and HB 2877-78, Relating to Historic Preservation - Statement for the House Committee on Water, Land Use Development and Hawaiian Homes House Committee on Culture and Arts Public Hearing 1 March 1978

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