Advocacy

Defending the National Environmental Policy Act August 29, 2020 Sharee Williamson, Senior Associate General Counsel at the National Trust for Historic Preservation This story was originally published on the National Trust for Historic Preservation’s Preservation Leadership Forum with different images. You can read the original piece here. Today, the National Trust for Historic Preservation and a coalition of partners filed a lawsuit challenging new National Environmental Policy Act (NEPA) regulations issued earlier this month. Signed into law on January 1, 1970, Congress established NEPA to ensure that federal agencies consider the impacts of their actions on the human environment, including both cultural and natural resources. Like the National Historic Preservation Act, NEPA is a procedural statute intended to foster well-informed federal decisions that minimize harm. The new regulations undermine this congressional mandate and severely weaken one of the nation’s strongest environmental laws. In February, the White House’s Council on Environmental Quality (CEQ) issued a draft of the new regulations. Despite receiving over 1 million public comments expressing concerns about the draft rule, the final regulations are substantially the same as the draft. Some of the most troubling changes in the new regulations are those that make public participation more difficult, give project applicants more control over which alternatives are reviewed, and remove the requirement that federal agencies consider indirect and cumulative impacts, including climate change impacts, when making decisions. Kalaupapa National Park on Moloka‘i (National Park Service) CEQ’s purported reason for the rule changes is to remove administrative red tape that allegedly slows down infrastructure improvements and to ensure a “more efficient, timely, and effective NEPA process.” However, expert reports studying the reason for the slow development of some highways and other infrastructure projects have concluded that NEPA is [...]

The U.S. Army Corps of Engineers (USACE) Honolulu District has completed an Engineering Documentation Report that provides a new recommended plan for the Ala Wai Flood Control Project. The new report provides a technical evaluation of the flood control system with modifications designed during the past year. In its press release, USACE stated, "the new plan incorporates significantly less impacts on the natural streams and residential properties within the watershed, and focuses on evacuating the water without detaining it in the upper reaches of the watershed valleys. Using this report as the foundation, the project team will now begin the evaluation of costs, economic benefits, and environmental impacts through a supplemental National Environmental Policy Act (NEPA) and Hawai‘i Environmental Policy Act process (HEPA) process." The Ala Wai Canal was listed on the Hawai‘i Register of Historic Places in 1992. The canal was built between 1921 – 1928, initially as a channel with natural banks. Constructed lava rock walls were added in 1934-35 to protect the banks by using federal funds available through employment and public works programs during the Great Depression.  In the 1950s, the walls were reinforced with concrete. Features associated with both development periods contribute to the historic significance and would be affected by the flood control project. Historic Hawai‘i Foundation commented on the previous plans, expressing concerns about the effect of the project on historic resources both in the mauka areas and at the canal. HHF is also a concurring party to the Army Corps of Engineers Programmatic Agreement that establishes a design review and mitigation process to resolve effects on historic properties from the project. HHF will be reviewing the new study and providing additional input and comment as needed. The report and [...]

Vote is 6-3 in favor at May 20 City Council Meeting 5/20/20: On a vote of 6-3, Honolulu City Council returned Council Bill 12 (2020) to Budget Committee for additional review and discussion after a public hearing on May 20. Bills need five votes to pass. Councilmembers Fukunaga, Kobayashi and Pine voted against the measure to triple the annual minimum property taxes on historic homes, noting that this is not the time to raise taxes. Councilmember Waters voted yes with reservations, stating that he also has concerns. Councilmember Manahan, chair of the council’s budget committee, stated that the vote was a procedural step that would return the measure to committee for further discussion. Councilmember Elefante, who had introduced the bill following a recommendation from the property tax advisory committee, also said he felt further discussion in committee would be beneficial. The other three councilmembers—Menor, Tsuneyoshi and Anderson—voted in favor of the bill without comment. The bill will return to Budget committee for another discussion and public hearing. HHF will post details when the measure is added to the calendar. __________________________________________ ACTION ALERT: BILL 12 SCHEDULED FOR MAY 20 CITY COUNCIL MEETING, SUBMIT WRITTEN TESTIMONY BY MAY 19 5/15/20: Annual property taxes on historic homes on the island of O‘ahu would more than triple if a bill being considered by Honolulu City Council is approved. Council Bill 12 (2020) proposes to amend the minimum real property tax for historic residential property dedicated for preservation. The current annual minimum tax for all classes of exemption—not only historic homes—is $300. The bill would raise the tax only on historic residential properties to $1000. A public hearing on Bill 12 will be held during the special [...]

7/8/2019 Governor David Ige signs SB 1394 to establish a state tax credit to support rehabilitation of historic properties. Mahalo to Governor Ige, State Historic Preservation Officer Suzanne Case, SHPD Administator Alan Downer and leaders in the House and Senate for supporting this preservation incentive. 4/30/19:  The Hawai‘i State Legislature approved a 30% credit against state income taxes for costs associated with rehabilitation of historic properties. SB 1394 was passed by both the Senate and the House of Representatives on April 30.  It will be enrolled to Governor David Ige, who has 30 days to indicate if he will allow it to become law. If approved by the Governor, the act will take effect on July 1, 2019. Once enacted, the historic rehabilitation tax credit will provide an important incentive to developers, property owners and financial institutions involved in preserving historic buildings and providing affordable housing. Tax credit programs for rehabilitation of historic properties have been used at the federal level and by 38 other States that have adopted laws creating credits against state taxes to provide incentives for the appropriate rehabilitation of historic buildings. While the details of the programs vary state by state, preservation tax credits have universally been shown to be effective, especially when coupled with the federal historic tax credit available to income-producing historic properties. The Hawai‘i state tax credit is enabled by legislation and then the program will be detailed in rules promulgated by both the Department of Taxation and the Department of Land and Natural Resources. Key program elements include: criteria establishing which structures qualify for the credit; standards to ensure that the rehabilitation preserves the historic and architectural character of the building; a method for calculating the value [...]

Submit Comments by April 30th Opposing Proposed Rule Changes to National Register of Historic Places  WHAT Proposed revisions to the National Register of Historic Places would substantially impact how historic resources are nominated to the National Register of Historic Places and determined eligible. The National Park Service is accepting public comments on the proposed changes through April 30. The changes would allow federal agencies to block National Register nominations. They would restrict the availability of historic tax credits and give large land owners an outweighed ability to block historic district nominations. While the stated intent of the proposed rule changes is to bring regulations current with recent amendments to the National Historic Preservation Act (NHPA), the proposed revisions clearly go far beyond that purpose and are inconsistent with the language in and intent of the NHPA.  IMPACT OF REVISIONS Federal historic properties. Federal agencies will be given total control of whether to nominate properties under their jurisdiction, meaning federally owned historic properties may no longer be added to the National Register of Historic Places. Federal ownership in a historic district. A historic district nomination can be blocked if only one property in the entire district is owned by the US Government and the agency that owns the property objects to listing. Property owner objections. Owners of large properties will be given an outweighed ability to block the listing of historic districts or other nominations to the National Register. Under the proposed revisions, objections to National Register listings will be based on the ownership of a majority of the land area in addition to the current counting of one private owner, one vote. There is no statutory authority to make this change and any such change would [...]

Photo above: Kunia Village Housing Development, Kunia, O‘ahu. The former plantation camp was rehabilitated to provide low-income housing to farm workers and their families. The project utilized a federal historic tax credit. February 15, 2019: Check back next week when we will provide updates on the status of two bills related to a historic preservation tax credit currently navigating the state legislature,  HB 1533 and SBN 1394. Testify online in support of Historic Preservation Tax Credit Bill WHAT Submit testimony in support of Bill HB 1533 to establish a state tax credit for the rehabilitation of historic properties that provide affordable housing. The bill will be heard by the House of Representative’s Housing Committee on Tuesday, February 12. WHY SUPPORT Preserving and appropriately using historic buildings are ways to enhance community character, provide affordable housing, provide an alternative to sprawl, create jobs, encourage heritage tourism, and generally spur economic development in older neighborhoods and commercial districts. Historic preservation tax credit programs have proved to be successful incentives for rehabilitating older structures and returning them to useful life. Historic Hawai‘i Foundation strongly supports providing financial incentives to assist with the rehabilitation and use of historic buildings and has suggested edits to the bill to include a tax credit for qualified expenses in the certified rehabilitation of any certified historic structure, not just those that will result in affordable housing units. Click here to read  HHF's testimony. ACT NOW SUBMIT TESTIMONY IN SUPPORT OF HB 1533. CLICK HERE for the Hearing notice. CLICK HERE to read the bill. CLICK HERE to submit testimony online. It's easy! 1. At top right sign-in or register if you haven't already. 2. Either click "submit testimony" in middle of screen, or [...]

February 15, 2019: Check back soon for an update. Community Input Sought at February 6 Meeting for Hanapēpē Bridge Replacement  The Federal Highway Administration (FHWA) has scheduled a public meeting to gather information from the community on the history of Hanapēpē that will be incorporated into signage telling the stories of the area. The signage will be included in the design for the new Hanapēpē bridge on Kaumuali‘i Highway. MEETING Wednesday, February 6, 6:00 – 7:00 p.m. at the Hanapepe Public Library, 4490 Kona Rd., Hanapēpē BACKGROUND The historic preservation agreement for the replacement of the historic Hanapēpē bridge requires the Federal Highway Administration to develop and install interpretation materials (such as signs or a kiosk) for the Hanapēpē River Bridge project. The interpretive materials will include a summary of the history of the Hanapēpē Valley, including: • A discussion of Native Hawaiian history within the area; • History of Hanapēpē Town; • Documentation about the Hanapēpē River Bridge and its role in the development in Hanapēpē Town; • The Hanapēpē River watershed; • Agriculture within the Hanapēpē Valley; and • Documentation about the Hanapēpē River levee FHWA will salvage character-defining features of the Bridge, including a segment of the Greek cross rail with lights and a Bridge end post monument, with the intent to incorporate it as part of the interpretive signage and kiosk area. WHAT CAN YOU DO? ATTEND THE PUBLIC MEETING & SHARE STORIES OF THE AREA The public meeting is an opportunity to provide input to FHWA as it develops the content of the signs and to collect oral history to be included within the interpretive materials. Historic Hawai‘i Foundation also welcomes any comments from the community that will assist us in [...]