HAR §11-200-24. Appeals to the council

An applicant, within sixty days after non- acceptance of a statement by an agency, may appeal the non-acceptance to the council, which within thirty days of receipt of the appeal, shall notify the applicant of its determination. In any affirmation or reversal of an appealed non-acceptance, the council shall provide the applicant and the agency with specific findings and reasons for its determination. The agency shall abide by the council’s decision. [Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp: HRS §343-5, 343-6) SUBCHAPTER 9 NATIONAL ENVIRONMENTAL POLICY ACT §11-200-25 National Environmental Policy Act actions: applicability to Chapter 343, HRS. When the situation occurs where a certain action will be subject both to the National Environmental Policy Act of 1969 (Public Law 91-190, as amended by Public Law 94-52 and Public Law 94-83; 42 U.S.C. §4321-4347) and chapter 343, HRS, the following shall occur: (1) The applicant or agency, upon discovery of its proposed action being subject to both chapter 343, HRS, and the National Environmental Policy Act, shall notify the responsible federal agency, the office, and any agency with a definite interest in the action (as prescribed by chapter 343, HRS) of the situation. (2) The National Environmental Policy Act requires that draft statements be prepared by the responsible federal agency. When the responsibility of preparing an EIS is delegated to a state or county agency, this chapter shall apply in addition to federal requirements under the National Environmental Policy Act. The office and agencies shall cooperate with federal agencies to the fullest extent possible to reduce duplication between federal and state requirements. This cooperation, to the fullest extent possible, shall include joint environmental impact statements with concurrent public review and processing at both levels of government. Where federal law has environmental impact statement requirements in addition to but not in conflict with this chapter, the office and agencies shall cooperate in fulfilling the requirements so that one document shall comply with all applicable laws. (3) In all actions where the use of state land or funds is proposed, the final statement shall be submitted to the governor or an authorized representative. In all actions when the use of county land or funds is proposed, the final statement shall be submitted to the mayor, or an authorized representative. The final statement in these instances shall first be accepted by the governor - 27 - Hawai`i Administrative Rules Title 11, Chapter 200 - Unofficial or mayor (or an authorized representative), prior to the submission of the same to the Environmental Protection Agency or responsible federal agency. (4) Any acceptance obtained pursuant to paragraphs (1) to (3) shall satisfy chapter 343, HRS, and no other statement for the proposed action shall be required. [Eff 12/6/85; am and comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp: HRS §343-5, 343-6) SUBCHAPTER 10 SUPPLEMENTAL STATEMENTS