6E-1 Declaration of intent
6E-2 Definitions
6E-3 Historic preservation program
6E-3.5 Consultation
6E-4 Administration
6E-5 State historic preservation officer
6E-5.5 The Hawaii historic places review board; creation; powers; appointments; composition
6E-6 Depositories for certain specimens and objects
6E-7 State title to historic property
6E-8 Review of effect of proposed state projects
6E-9 Investigation, recording, preservation, and salvage; appropriations
6E-10 Privately owned historic property
6E-10.5 Enforcement
6E-11 Civil and administrative violations
6E-11.5 Civil penalties
6E-11.6 Administrative penalties
6E-12 Reproductions, forgeries, and illegal sales
6E-13 Injunctive relief
6E-14 Preservation activities by political subdivisions
6E-15 Regulations, special conditions or restrictions
6E-16 Hawaii historic preservation special fund
6E-17 Archaeological data survey database

Terms Used In Hawaii Revised Statutes > Chapter 6E > Part I - Historic Preservation Program

  • Absentee ballot: means a ballot as defined in section 11-1 used in absentee voting. See Hawaii Revised Statutes 15-1
  • Accidental death: means death that is the natural and proximate result of an accident occurring at some definite time and place while the member was employed in a position in which all contributions required to be made to the employees' retirement system by the employee or the employer, or both, have been made, was in the actual performance of duty, or due to the result of some occupational hazard, and not caused by wilful negligence on the part of the member. See Hawaii Revised Statutes 88-21
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Animal unit: means one mature cow or horse; two yearling steers or heifers; five mature sheep; twelve weaned lambs; two colts. See Hawaii Revised Statutes 171-1
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Aviation artifact: means airplanes, fallen aircraft, crash sites, or any objects or materials associated with the history of aerospace in Hawaii which are over fifty years old, or determined to be of exceptional historic significance by the department. See Hawaii Revised Statutes 6E-2
  • Ballot: includes a ballot used in an election by mail pursuant to part VIIA, including a ballot approved for electronic transmission. See Hawaii Revised Statutes 11-1
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bequest: Property gifted by will.
  • Board: means the law enforcement officer independent review board established by section 28-152. See Hawaii Revised Statutes 28-151
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 171-1
  • Burial good: means any item reasonably believed to have been intentionally placed with the human skeletal remains of an individual or individuals at the time of burial. See Hawaii Revised Statutes 6E-2
  • Burial site: means any specific unmarked location where prehistoric or historic human skeletal remains and their associated burial goods are interred, and its immediate surrounding archaeological context, deemed a unique class of historic property and not otherwise included in section 6E-41. See Hawaii Revised Statutes 6E-2
  • Business day: means any day excluding Saturdays, Sundays, and state or federal holidays. See Hawaii Revised Statutes 11-1
  • Carrying capacity: means the maximum number of animal units which an area will support over a period of years without injury to the soil, forage resources, tree growth, watershed, or unwarranted interference with other services of the land. See Hawaii Revised Statutes 171-1
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Chairperson: means the chairperson of the board of land and natural resources. See Hawaii Revised Statutes 171-1
  • Committee: means the joint legislative management committee established under this chapter. See Hawaii Revised Statutes 21E-1
  • Committee: means the joint legislative budget committee. See Hawaii Revised Statutes 21F-2
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • compensation: as used in this part :

         (1)  Means:

              (A)  The normal periodic payments of money for service, the right to which accrues on an hourly, daily, monthly, or annual basis;

              (B)  Shortage differentials;

              (C)  Elective salary reduction contributions under sections 125, 403(b), and 457(b) of the Internal Revenue Code of 1986, as amended; and

              (D)  Twelve-month differentials for employees of the department of education; and

         (2)  Shall not include any other additional or extra payments to an employee or officer, including overtime, supplementary payments, bonuses, lump sum salary supplements, allowances, or differentials, including differentials for stand-by duty, temporary unusual work hazards, compression differentials, or temporary differentials, except for those expressly authorized pursuant to subsection (b)(1)(B), (b)(1)(C), and (b)(1)(D). See Hawaii Revised Statutes 88-21.5

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 6E-2
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 171-1
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • District: means , unless otherwise specified, the district of political representation with the fewest eligible voters in a particular election. See Hawaii Revised Statutes 11-1
  • District: means the land district as constituted under this chapter. See Hawaii Revised Statutes 171-1
  • Election officials: means persons designated as officials by the chief election officer. See Hawaii Revised Statutes 11-1
  • Electronic smoking device: means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product. See Hawaii Revised Statutes 28-162
  • Electronic transmission: means the transmission of a blank or voted ballot by facsimile, electronic mail delivery, or the utilization of an online absentee ballot delivery and return system that may include the ability to mark the ballot. See Hawaii Revised Statutes 15-1
  • Electronic transmission: means the transmission of a blank or voted ballot by facsimile or electronic mail delivery, or the use of an online absentee ballot delivery and return system, which may include the ability to mark the ballot. See Hawaii Revised Statutes 11-1
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: means one or more individuals, a company, corporation, a partnership, an association, or any other type of legal entity. See Hawaii Revised Statutes 28-162
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • federal-aid: as used in this part means supplies, allowances of damages to state or county property by federal agencies, grants-in-aid, allocation of federal funds, to be matched by state funds, or otherwise, the furnishing of equipment and supplies and all other aids, grants, furnishings, assistance, advancements, and reimbursements that may be provided by federal legislation, present or future, and which may be available to the State or its political subdivisions. See Hawaii Revised Statutes 29-11
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (section 490:2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Hawaii Revised Statutes 490:2A-103
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • HAWIAN: means the Hawaii area-wide information network. See Hawaii Revised Statutes 21D-1
  • Hearing: means any meeting in the course of an investigatory proceeding, other than a preliminary conference or interview at which no testimony is taken under oath, conducted by an investigating committee for the purpose of taking testimony or receiving other evidence. See Hawaii Revised Statutes 21-2
  • Historic preservation: means the research, protection, restoration, rehabilitation, and interpretation of buildings, structures, objects, districts, areas, and sites, including underwater sites and burial sites, significant to the history, architecture, archaeology, or culture of this State, its communities, or the nation. See Hawaii Revised Statutes 6E-2
  • Historic property: means any building, structure, object, district, area, or site, including heiau and underwater site, which is over fifty years old. See Hawaii Revised Statutes 6E-2
  • House: means the state house of representatives. See Hawaii Revised Statutes 21F-2
  • Human skeletal remains: means the body or any part of the body of a deceased human being. See Hawaii Revised Statutes 6E-2
  • Hypothetical account balance: means :

         (1)  For members who became members before July 1, 2012, the sum of:

              (A)  One and one-half times the sum of:

                   (i) Employee contributions made, either by the member or on behalf of the member, pursuant to section 88-325;

                   (ii) Accumulated interest at the regular interest rate on the employee contributions; and

    Source: OCC

  • Investigating committee: means any of the following which are authorized to compel the attendance and testimony of witnesses or the production of books, records, papers, and documents for the purpose of securing information on a specific subject for the use of the legislature:

         (1)  A standing or special or select committee or committee of the whole of either house of the legislature;

         (2)  A joint committee of both houses;

         (3)  An authorized subcommittee of a legislative committee; and

         (4)  Any body created by law, the members of which may include nonlegislators. See Hawaii Revised Statutes 21-2

  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Land: includes all interests therein and natural resources including water, minerals, and all such things connected with land, unless otherwise expressly provided. See Hawaii Revised Statutes 171-1
  • Land agent: means the land agent of the public lands of the district where the land is situated. See Hawaii Revised Statutes 171-1
  • Land license: means a privilege granted to enter land for a certain special purpose such as the removal of timber, soil, sand, gravel, stone, hapuu, and plants, but not including water rights, ground or surface, nor removal of minerals. See Hawaii Revised Statutes 171-1
  • Law enforcement agency: means any county police department, the department of public safety, and any state or county public body that employs law enforcement officers. See Hawaii Revised Statutes 28-151
  • Law enforcement officer: means a sheriff, deputy sheriff, police officer, enforcement officer within the department of land and natural resources conservation and resources enforcement program, enforcement officer within the department of transportation harbors division, and any other employee of a state or county public body who carries a badge and firearm and has powers of arrest. See Hawaii Revised Statutes 28-151
  • Lease: means the right to possess and use land for a term of years. See Hawaii Revised Statutes 171-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative service agency: means the office of the auditor, the office of the legislative reference bureau, and the office of the ombudsman. See Hawaii Revised Statutes 21E-1
  • Legislative service agency director: means the director or administrative head of a legislative service agency. See Hawaii Revised Statutes 21E-1
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Hawaii Revised Statutes 490:2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Hawaii Revised Statutes 490:2A-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Member: means a member of the joint legislative management committee. See Hawaii Revised Statutes 21E-1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mitigation plan: means a plan, approved by the department, for the care and disposition of historic properties, aviation artifacts, and burial sites or the contents thereof, that includes monitoring, protection, restoration, and interpretation plans. See Hawaii Revised Statutes 6E-2
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the office of the legislative analyst. See Hawaii Revised Statutes 21F-2
  • Officer-involved death: means a death of an individual that results directly from an act or omission of a law enforcement officer while the law enforcement officer is on duty or while the law enforcement officer is off duty but performing activities that are within the scope of the officer's law enforcement duties. See Hawaii Revised Statutes 28-151
  • On-line: means accessed by the use of data communications hardware and software. See Hawaii Revised Statutes 21D-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any form of business or legal entity. See Hawaii Revised Statutes 46-122
  • Person: includes individual, partnership, corporation, and association, except as otherwise defined in this chapter. See Hawaii Revised Statutes 171-1
  • Person: means any individual, firm, corporation, partnership, or association. See Hawaii Revised Statutes 6E-2
  • Personal property: All property that is not real property.
  • place of business: means the entire premises occupied by a retailer of electronic smoking devices and shall include but is not limited to any store, stand, outlet, vehicle, cart, location, vending machine, or structure from which electronic smoking devices are sold or distributed to a consumer. See Hawaii Revised Statutes 28-162
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Premises: shall include but not be limited to a lodging or tenement house, group residence, group living arrangement, hotel, boardinghouse, or restaurant as further defined in section 445-90, or any other like facility serving unsupervised or unrelated individuals. See Hawaii Revised Statutes 46-15.6
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Programmatic agreement: means a document that sets forth the terms of a formal, legally binding agreement and establishes a process for consultation, review, and compliance with federal laws. See Hawaii Revised Statutes 6E-2
  • Project: means any activity directly undertaken by the State or its political subdivisions or supported in whole or in part through appropriations, contracts, grants, loans, or other forms of funding assistance from the State or its political subdivisions or involving any lease, permit, license, certificate, land use change, or other entitlement for use issued by the State or its political subdivisions. See Hawaii Revised Statutes 6E-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Senate: means the state senate. See Hawaii Revised Statutes 21F-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State historic preservation officer: means that officer appointed by the governor as provided in section 6E-5. See Hawaii Revised Statutes 6E-2
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Voting system: means the use of paper ballots, electronic transmission, voting machines, elections by mail pursuant to part VIIA, absentee voting pursuant to chapter 15, or any system by which votes are cast and counted. See Hawaii Revised Statutes 11-1