City policy for historic lands and archaeological finds

(a) Findings. (1) The council finds that HRS § 6E-15 provides in part that “In addition to any power or authority of a political subdivision to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing body of any political subdivision may provide by regulations, special conditions, or restrictions for the protection, enhancement, preservation, and use of historic properties....” (2) Significant archaeological findings, including major artifacts and ancient burials, vital to the understanding, preservation, and interpretation of the Hawaiian history and culture, have been discovered on public lands owned and controlled by the city, including Kualoa Regional Park. Kualoa Regional Park is located within the ahupua‘a of Kualoa which is entered into the National Register of Historic Places as the Kualoa Ahupua‘a Historical District, and in the State register of historic places, on the basis of its mythological and legendary importance to the Hawaiian people. (3) Extensive archaeological site survey and research activities have revealed the historic and cultural value of Kualoa, where much archaeological work remains to be done. Archaeological data and many thousands of artifacts disclose unusual prehistoric Hawaiian use of the area, dating back to at least the 13th century A.D., and ancient remains of human burials are frequently being uncovered because of rapid beach erosion, necessitating close archaeological monitoring. (4) Despite the oftentimes enormous significance of archaeological findings discovered on city-owned or controlled lands which have been placed on the National Register of Historic Places and State register of historic places, such as Kualoa Regional Park, or which meet the criteria and would therefore be eligible for placement on the national register or State register, there is lacking a cohesive city policy providing for the deposition and curation, in conformance with generally accepted scientific methods, of field notes, photographs, negatives, maps, artifacts, ancient burial remains or other materials generated, or likely to be generated, following initial stages of identification, survey, and discovery of artifacts and remains. At Kualoa Regional Park, for example, there is a backlog of recovered archaeological materials, field records, maps, and photographs which need to be fully documented, analyzed, and accessioned as a prerequisite to deposition and curation. (b) Policy. In recognition of the significance and unique historical and cultural resources known to or reasonably believed to be associated with city-owned or controlled lands which have been placed on the National Register of Historic Places or the State register of historic places, or those which meet the criteria and would therefore be eligible for placement on the national register or State register, it is declared to be the policy of the city that: (1) The development of all such lands shall be sensitive to, and consistent with, the specific historical and cultural characteristics of the lands; (2) The development of all such lands shall include the implementation of programs, including but not necessarily limited to educational and interpretive programs to provide an understanding of the abundant and unique features of Hawaiian culture through reference to archaeological sites and artifacts located at, or removed from, the developed lands; and (3) Interested individuals and groups, including the office of Hawaiian affairs, shall be consulted in the decision making process on the development of all such lands.