Section 13-275-8 - Mitigation(a) If a project will have an "effect" (impact) on significant historic properties, then a mitigation commitment proposing the form of mitigation to be undertaken for each significant historic property shall be submitted by the agency to the SHPD for review and approval. (1) Mitigation can occur in five forms. (A) Preservation, which may include avoidance and protection (conservation), stabilization, rehabilitation, restoration, reconstruction, interpretation, or appropriate cultural use.(B) Architectural recordation, which involves the photographic documentation and possibly the measured drawing of a building, structure or object prior to its alteration or destruction.(C) Archaeological data recovery, which enables the recovery of an adequate and reasonable amount of the significant information from a significant historic property prior to its alteration or destruction. Data recovery may include archaeological mapping, surface collection, excavation, monitoring, laboratory analyses, and interpretive analyses.(D) Historical data recovery, which involves researching historical source materials to document an adequate and reasonable amount of information about the property when a property will be altered or destroyed.(E) Ethnographic documentation, which involves interviewing knowledgeable individuals and researching historical source materials to document an adequate and reasonable amount of information about the property when a property will be altered or destroyed.(2) If properties with significance, so evaluated under criterion "e", as defined in paragraph 13-275-6(b) (5), are involved", the agency shall consult with ethnic organizations or members of the ethnic group for whom the historic properties have significance under criterion "e" to seek their views on the proposed forms of mitigation. For native Hawaiian properties deemed significant under paragraph 13-275-6(b)(5) the Office of Hawaiian Affairs also shall be consulted.(3) The proposed mitigation commitment shall include: (A) A table of the significant historic properties, indicating which form or forms of mitigation is proposed for each property--preservation, archaeological data recovery, architectural documentation, historical documentation, or ethnographic documentation;(B) Brief text justifying these proposed treatments. Similar sites can be discussed together in this justification, and(C) If properties deemed significant under paragraph 13-275-6(b)(5) are involved, a description of the consultation process used, a list of the individuals and organizations contacted, and a summary of the views and concerns expressed.(b) If the proposal is not acceptable, SHPD shall send a letter outlining needed changes or a determination letter not concurring with the project, within forty five days of SHPD receipt of the mitigation commitments. To proceed with the review process, the agency shall correct the problems, consulting with the SHPD as needed to resolve differences, and resubmit the mitigation commitments.(c) If the commitments are acceptable, the SHPD shall send a determination letter concurring with the proposed project within forty five days of SHPD receipt of the mitigation commitments.(d) If identified unmarked burial sites are present, the relevant island burial council of the department must approve the proposed mitigation commitments for native Hawaiian burials, following section 6E-43, HRS, and section 13-300-33.(e) Should either the agency or any interested person disagree with the SHPD's determination letter, the disagreeing party shall within thirty days of the determination letter submit in writing a request for the Hawaii historic places review board to hold a nonjudicial appeal hearing in accordance with chapter 91. The intent of the appeal hearing is to provide an informal fact-finding process, characterized by great latitude, in which all parties have ample opportunity to present information to the Hawaii historic places review board for consideration, and answer any questions the review board may have. The request for an appeal hearing shall include: (1) A statement indicating which step in the process the appellant believes is in error;(2) Information to support the appellant's position; and(3) Any other information, including legal memoranda, the appellant may wish the review board to read prior to the hearing.(f) The review board shall schedule an appeal hearing to be held within thirty days of receipt of the appeal request. The hearing process will proceed in the following manner: (1) The review board shall receive testimony from the SHPD on the basis of its determination letter;(2) The appellant will present its basis for appealing the SHPD determination letter;(3) Thereafter, the review board will hear and receive testimony from any other interested persons or agencies;(4) The review board may ask questions of those testifying before it; and(5) Once the review board has reviewed all the written and oral testimony, it will render a decision regarding the appeal within fifteen days of the conclusion of the hearing.(g) Should either the agency or any interested person be dissatisfied with the decision of the review board, they may within thirty days of the review board decision apply to the governor to take action as the governor deems best in overruling or sustaining the department.(h) After mitigation commitments are accepted by SHPD, the agency shall provide detailed plans for the mitigation work for SHPD review and approval. The approved plans shall serve as scopes of work for mitigation. (1) Archaeological data recovery plans shall meet the minimal standards for data recovery as provided in chapter 13-278. Qualifications of the principal investigator directing this work shall comply with chapter 13-281. An archaeological permit from the SHPD is required to undertake this work, as provided in chapter 13-282. Plans may include monitoring of construction by a professional archaeologist where further significant historic remains are likely to be found after data recovery. Minimal standards for the monitoring and report shall comply with chapter 13-279. Qualifications of the principal investigator directing the monitoring shall comply with chapter 13-281.(2) Architectural recordation plans shall meet the minimal standards as provided by historic American building survey (HABS) photographic specifications. Qualifications for the historian, architect, or architectural historian directing this work shall comply with chapter 13-281.(3) Historical data recovery plans shall conform to SHPD guidelines for historic documentation. Qualifications for the historian directing this work shall comply with chapter 13-281.(4) Ethnographic documentation plans shall conform to SHPD guidelines for ethnographic documentation. Qualifications for the ethnographer directing this work shall comply with chapter 13-281.(5) Preservation plans shall meet the minimal standards as provided by chapter 13-277 and the Secretary of the Interior's standards for historic preservation projects for architectural properties. If preservation plans involve historic properties deemed significant under paragraph 13-275-6(b)(5), the agency shall consult with interested individuals and organizations of the relevant cultural group with which the properties are associated. For native Hawaiian properties deemed significant under paragraph 13-275-6(b)(5) the Office of Hawaiian Affairs also shall be consulted. The plans shall describe the consultation process used, list the individuals and organizations consulted, and summarize the views and concerns expressed.(6) Any interested persons may comment on the detailed mitigation plans. Comments must be submitted in writing to the SHPD within thirty days of the SHPD posting notice of the receipt of the detailed mitigation plans. The SHPD shall take all comments into consideration when issuing its letter of acceptance or non-acceptance of the plans.(7) If a detailed mitigation plan is not acceptable, SHPD shall send a letter outlining needed changes, within forty five days of SHPD receipt of the plan. To proceed with the review process, the agency shall correct the problems, consulting with the SHPD as needed to resolve differences, and resubmit the plan.(8) If the detailed mitigation plan is acceptable, the SHPD shall send a letter of agreement within forty five days of receipt of the plan. Once a plan is accepted, work can then proceed on the plan.(9) If unmarked burials are involved, the detailed mitigation plan must be covered under a burial treatment plan, as specified in chapter 13-300. This treatment plan can serve as the burial site component of an archaeological data recovery plan (in cases of disinterment and reinterment elsewhere) or of a preservation plan.[Eff DEC 11 2003] (Auth: HRS §§ 6E-3) (Imp: HRS §§ 6E-1, 6E-3, 6E-5.5, 6E-7, 6E-8)