Report Title:

Museum; Archeological Survey

 

Description:

Establishes and designates the Hawaii archeological survey as a program of the Hawaii museum of natural and cultural history. Creates an exception to disclosure for sensitive information that may frustrate the purpose of protecting the archeological sites and artifacts.  (HB245 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

245

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO DESIGNATION OF A HAWAII ARCHEOLOGICAL SURVEY.

 

 

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

 


     SECTION 1.  The legislature finds that the Bernice Pauahi Bishop Museum, which has been designated the State of Hawaii museum of natural and cultural history, houses 1,200,000 catalogued natural history and cultural collection items, making it the fourth largest museum collection in the country.  To allow researchers, archeologists, educators, and the general public to take advantage of this vast amount of archeological information the museum has access to, including those housed in the museum and those controlled by other public and private entities, the legislature finds it in the public interest to make the information available in a single comprehensive on-line archaeological database that is accessible to all.  This database is envisioned to house information about Hawaiian archeological sites, including descriptions of the artifacts uncovered; environmental site conditions; and archival documentation. 

     While the legislature expects this database to be used mainly for learning, research, and monitoring and improved conservation and preservation of Hawaiian archeological resources by all, there is an overriding concern that disclosing certain sensitive information about all sites and artifacts may threaten the safety of some sites and artifacts, particularly if they are not housed in a museum, but are readily accessible to the public, or interred in a natural environment, for example, in caves.  For this reason, the legislature believes that the museum should be given some leeway to withhold some sensitive information, either temporarily or permanently as the museum sees fit, to ensure the safety of those sites and artifacts.  In addition, the legislature recognizes that the office of Hawaiian affairs is in the best position to advise the museum of the sensitivities of the cultural sites and artifacts.  Therefore, the legislature finds that the information in the database should be subject to withholding of information that would frustrate the legitimate state function of protecting the artifacts, as approved under section 92F-13(3), Hawaii Revised Statutes, if it were publicly disclosed.

     The purpose of this Act is to provide access to archeological information of the Hawaiian archipelago by:

     (1)  Establishing a Hawaii archeological data survey; and

     (2)  Designating it as a program of the State of Hawaii museum of natural and cultural history, subject to any withholding of sensitive information that may be a valid threat to the legitimate state function of protecting the archeological sites and artifacts, as the museum, in consultation with the office of Hawaiian affairs, sees fit.

     SECTION 2.  Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§6E-    Archeological data survey; designation.  (a)  A Hawaii archeological data survey is established and designated as a program of the State of Hawaii museum of natural and cultural history.  The survey shall be an on-line database consisting of existing documentation of archeological work of the Hawaiian archipelago.  To expand the use and knowledge of Hawaii's archeological artifacts, the data survey shall be conducted in consultation with the department of land and natural resources and other appropriate organizations.

     (b)  The museum, in consultation with the office of Hawaiian affairs, is authorized to withhold from the database temporarily or permanently, information that is not required to be disclosed under section 92F-13(3), due to a valid threat that disclosure may frustrate the legitimate government function of protecting valuable archeological sites and artifacts."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.