Action Alert: Hawaii Budget and Historic Preservation

Before the Hawaii State Budget Revision (HB2200 HD1 SD2) is reconciled for the Governor's signature, letters of support to members of both the House Finance Committee and the Senate Ways and Means Committee are needed to restore the funds for two critical historic preservation programs. See the sample letter below for more information.

Here are important links:

Status and Text of HB2200 HB1 SD2

Finance Committee members and their email addresses

Ways and Means Committee members and their email addresses

HHF Recommendations Addressing the State Historic Preservation Division's "High Risk" Status

Re: National Park Service Report on Hawaii State Historic Preservation Division Compliance with annual historic preservation fund grant

State Historic Preservation Division Placed on “High Risk” Status

The state agency responsible for implementing the National Historic Preservation Act is in danger of losing its federal funding, as well as its control over decision-making for federal agency compliance with preservation regulations.

The National Park Service (NPS), which is charged with oversight of the states’ implementation of the nation’s preservation program, has determined that SHPD is in non-compliance with several conditions of its federal grant, which is provided to the state to implement the federal preservation laws. The determination is that SHPD is a “high risk grantee.” The federal grant provides approximately 50% of the division’s $1.4 million annual budget.

NPS officials delivered the finding and compliance report to Laura Thielen, chair of the Department of Land and Natural Resources (DLNR), and Pua Aiu, State Historic Preservation Division (SHPD) Administrator, on March 22. The NPS expects to release its report publicly within a few days.

According to sources at DLNR and at NPS, the report outlines a “corrective action plan” to be completed within two years, with benchmarks along the way, to come into compliance. Areas for improvement include review of any federal undertaking (including those requiring federal funding, permit, license or approval); conducting an inventory and survey of historic sites; keeping the National Register of Historic Places for Hawai‘i; managing the Certified Local Government program; and conducting preservation planning.

The action plan is limited to the non-discretionary items of the federal mandate, and should not be confused with requirements under state law (HRS 6E), including review of local permits and implementation of the state’s laws affecting native Hawaiian burials.

Under the action plan, the NPS expects to hire a full-time preservation officer to be housed in the Honolulu office to oversee implementation of the corrective actions. The officer will be charged with authority to administer the federal funding and be a signatory to compliance actions.

If adequate progress is made, the division will be returned to full status, with its funding and decision-making authority restored. If not, the federal funding will be discontinued and Hawai‘i will not be allowed to make determinations under the federal program. Several other states and territories have been through the corrective action process. None of the other historic preservation offices has failed to reverse the decline or has lost its status.

State Historic Preservation Division Risks Losing Federal Funding

Your help is needed to save the state's federal funding and regulatory authority protecting Hawaii's historic resources. See the bottom of this post for contact info.

The Perfect Storm

The wave of federal funding is meeting an understaffed and overwhelmed regulatory agency in Hawaii. The result is both inadequate protection of historic resources and frustrated timelines for beginning important projects.

In late July, the National Park Service (NPS) is scheduled to evaluate Hawaii's State Historic Preservation Division's (SHPD) compliance with federal mandates under the National Historic Preservation Act, including the requirement to provide adequate professionally-qualified staff. SHPD receives over $500,000 in annual federal funding to meet these requirements.
If SHPD loses its federal standing to review and approve federal undertakings, that function will be reassigned to the Advisory Council on Historic Preservation (ACHP). Every Hawai‘i-based preservation review would be overseen by ACHP in Washington. This is unprecedented in the 40 year history of the National Historic Preservation Act, and is a completely unknown and unpredictable process. It is anticipated that review and approval processes would be substantially delayed.

Millions of dollars and dozens of capital projects are at risk. These include the Navy’s $50,000,000 Shipyard Modernization project; the Air Force’s $30,000,000 efficiency improvement and consolidation project; the Department of Transportation’s plans for improvements to airports, harbors and roads; and the Federal Transit Authority’s plan for a Honolulu Rapid Transit system. All of these proposals must receive review and concurrence of plans to protect and mitigate impacts to historic resources from the State Historic Preservation Officer before they can proceed.

BACKGROUND
he capital projects funded by the millions of dollars of federal stimulus money making its way to Hawai‘i will significantly alter the way we travel, where we live, how we learn, what our visitors experience, and how we settle our islands. These “shovel ready” projects offer badly needed jobs and help ensure that our public facilities are best equipped to handle the challenges of tomorrow.

These federally-supported projects will also have impacts on many historic resources across the state: military installations; transportation facilities of roads, airports, harbors, rail and bridges; schools; and neighborhoods. If handled poorly, the projects could be significant threats to those historic and cultural places. Hawai‘i must be careful that these projects have adequately assessed their effects and have made commitments to preserve and protect our treasured historic places.

In normal times, the preservation and environmental statutes enforced by public agencies provide a safety net. These safety nets ensure that impacts are disclosed and that agreements are made to minimize harm of our precious resources.

Unfortunately, the State Historic Preservation Division, which is charged with regulatory oversight regarding historic sites, is so underfunded and understaffed, it risks losing its federal funding for next year. The current State budget cuts and the anticipated furlough/lay-off of State employees further complicate the situation, as does the Administration’s position of prohibiting hiring of special-funded positions or using contractors, even though these solutions are funded separately and would have no effect on the state’s general fund.

SHPD STAFFING

The State Historic Preservation Division currently has 8 vacant positions, including 3 that are federally-funded and 2 that are specially-funded.

Several federal, state and county governments have expressed interest and willingness to provide special funding for additional positions to help expedite review of major projects that require historic preservation compliance under both federal and state law. These funders include the Hawai‘i State Department of Transportation (DOT) and a private funder on Kaua‘i.


TAKE ACTION

Please contact Governor Lingle and ask her to:

• Allow the State Historic Preservation Division (SHPD) contract qualified professionals to perform critical tasks, and
  
• Allow the SHPD to spend its funding from federal and non-state sources.
  

See a Sample Letter
Mailing Address:
The Honorable Linda Lingle
Governor, State of Hawai`iExecutive Chambers
State Capitol
Honolulu, Hawai`i 96813
Phone: (808) 586-0034
Fax: (808) 586-0006
E-Mail: governor.lingle@hawaii.gov
Website: http://hawaii.gov/gov


Questions for Historic Hawaii or about this alert? Call Kiersten Faulkner at (808)523-2900 or email preservation@historichawai.org.

Hawaii State Historic Preservation Division seeks public input for Hawaii Preservation Plan

The Hawai‘i State Historic Preservation Division (SHPD) is gathering public input to assist it as it updates the Hawai‘i Preservation Plan. SHPD has provided an online survey to help evaluate areas of public interest and concern. The survey takes about 10 minutes.

A Preservation Plan is required of every state in order to meet federal mandates under the National Historic Preservation Act and to qualify states for federal funding of preservation programs. Plans are usually updated in five year cycles; because Hawaii’s plan is overdue, the National Park Service has mandated that a new draft plan be complete by September 30, 2009. The Hawai‘i Preservation Plan was last updated in 2001 and can be found at www.hawaii.gov/dlnr/hpd/presplan.htm

The statewide plan is required to achieve broad-based public and professional involvement throughout the state; take into consideration issues affecting the broad spectrum of historic and cultural resources; be based on analysis of resource data and user needs; encourage the consideration of historic preservation within broader planning and environments at the federal, state and local levels; and is implemented through SHPD operations.

SHPD intends to provide additional opportunities for public input this summer. HHF will provide those dates as they are announced.

This is an opportunity for supporters of historic preservation to share your priorities and concerns directly with the state agency responsible for stewardship of historic sites in Hawaii.

HAWAII STATE HISTORIC PRESERVATION DIVISION REQUESTS EXCEPTION TO HIRING FREEZE

Your support of their request is needed.

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