Bill Text: HI SB2211 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 2211 (Prior Session Legislation)

Introduced

Bill Title: Cultural Impact Assessments; Cultural Impact Statements

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-08 - (S) The committee on HWN deferred the measure. [SB2211 Detail]

Download: Hawaii-2012-SB2211-Introduced.html

THE SENATE	S.B. NO.	2211
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO NATIVE HAWAIIAN TRADITIONAL AND CUSTOMARY RIGHTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Article XII, section 7 of the state constitution requires the State to "protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua�a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights."

Act 50, Session Laws of Hawaii 2000, amended chapter 343, Hawaii Revised Statutes, to require that environmental impact statements assess the effects of a proposed action on the cultural practices of the community and State. Act 50 specifically acknowledges the State's responsibility to protect native Hawaiian cultural practices. Act 50 states in pertinent part in section 1:

"The legislature also finds that native Hawaiian culture plays a vital role in preserving and advancing the unique quality of life and the "aloha spirit" in Hawaii. Articles IX and XII of the state constitution, other state laws, and the courts of the State impose on government agencies a duty to promote and protect cultural beliefs, practices, and resources of native Hawaiians as well as other ethnic groups.

Moreover, the past failure to require native Hawaiian cultural impact assessments has resulted in the loss and destruction of many important cultural resources and has interfered with the exercise of native Hawaiian culture. The legislature further finds that due consideration of the effects of human activities on native Hawaiian culture and the exercise thereof is necessary to ensure the continued existence, development, and exercise of native Hawaiian culture."

More than ten years after the enactment of Act 50, the legislature finds that the State's environmental impact statement law still does not adequately protect constitutionally protected native Hawaiian traditional and customary rights, due in large part to the absence of language in Act 50 that provided a mechanism for the consideration of cultural practices in the environmental review process.

The purpose of this Act is to ensure that native Hawaiian traditional and cultural rights are protected in the environmental impact statement law.

SECTION 2. Chapter 343, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§343‑ Cultural impact assessment and cultural impact statement. (a) All draft and final environmental assessments shall include a cultural impact assessment.

(b) All draft and final environmental impact statements shall include a cultural impact statement."

SECTION 3. Section 343-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Cultural impact assessment" means a written evaluation to determine whether an action may have a significant effect on the cultural sites and practices of the community and State, including the traditional and customary rights of native Hawaiians protected pursuant to article xii, section 7, of the Hawaii state constitution.

"Cultural impact statement" means an informational document that discloses the effects of a proposed action on the cultural sites and practices of the community and State, including the traditional and customary rights of native Hawaiians protected pursuant to article XII, section 7, of the Hawaii state constitution."

SECTION 4. Pursuant to section 343-6, Hawaii Revised Statutes, the environmental council shall adopt rules for the purposes of this Act no later than January 1, 2014.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Cultural Impact Assessments; Cultural Impact Statements

Description:

Requires that draft and final environmental assessments include a cultural impact assessment. Requires that draft and final environmental impact statements include a cultural impact statement.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.