Burial Sites

Authorizes the DLNR to execute mitigation plans for the
landowner, permittee, or developer, on request, for inadvertent
discovery of burial sites.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 6E-3, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "6E-3 Historic preservation program.  There is established
 4 within the department a division to administer a comprehensive
 5 historic preservation program, which shall include but not be
 6 limited to the following:
 7      (1)  Development of an on-going program of historical,
 8           architectural, and archaeological research and
 9           development, including surveys, excavations, scientific
10           recording, interpretation, and publications on the
11           State's historical and cultural resources;
12      (2)  Acquisition of historic or cultural properties, real or
13           personal, in fee or in any lesser interest, by gift,
14           purchase, condemnation, devise, bequest, land exchange,
15           or other means; preservation, restoration,
16           administration, or transference of the property; and
17           the charging of reasonable admissions to that property;
18      (3)  Development of a statewide survey and inventory to
19           identify and document historic properties, aviation

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 1           artifacts, and burial sites, including all those owned
 2           by the State and the counties;
 3      (4)  Preparation of information for the Hawaii register of
 4           historic places and listing on the national register of
 5           historic places;
 6      (5)  Preparation, review, and revisions of a state historic
 7           preservation plan, including budget requirements and
 8           land use recommendations;
 9      (6)  Application for and receipt of gifts, grants, technical
10           assistance, and other funding from public and private
11           sources for the purposes of this chapter;
12      (7)  Provision of technical and financial assistance to the
13           counties and public and private agencies involved in
14           historic preservation activities;
15      (8)  Coordination of activities of the counties in
16           accordance with the state plan for historic
17           preservation;
18      (9)  Stimulation of public interest in historic
19           preservation, including the development and
20           implementation of interpretive programs for historic
21           properties listed on or eligible for the Hawaii
22           register of historic places;
23     (10)  Coordination of the evaluation and management of burial

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                                     H.B. NO.           

 1           sites as provided in section 6E-43;
 2     (11)  Acquisition of burial sites in fee or in any lesser
 3           interest, by gift, purchase, condemnation, devise,
 4           bequest, land exchange, or other means, to be held in
 5           trust;
 6     (12)  Submittal of an annual report to the governor and
 7           legislature detailing the accomplishments of the year,
 8           recommendations for changes in the state plan or future
 9           programs relating to historic preservation, and an
10           accounting of all income, expenditures, and the fund
11           balance of the Hawaii historic preservation special
12           fund;
13     (13)  Regulation of archaeological activities throughout the
14           State;
15     (14)  Employment of sufficient professional and technical
16           staff for the purposes of this chapter without regard
17           to chapters 76 and 77;
18     (15)  The charging of fees to at least partially defray the
19           costs of administering sections 6E-3(13), 6E-8, [and]
20           6E-42, and 6E-43.6 [of this chapter];
21     (16)  Adoption of rules in accordance with chapter 91,
22           necessary to carry out the purposes of this chapter;
23           and

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 1     (17)  Development and adoption, in consultation with the
 2           office of Hawaiian affairs native historic preservation
 3           council, of rules governing permits for access by
 4           native Hawaiians and Hawaiians to cultural, historic,
 5           and pre-contact sites and monuments."
 6      SECTION 2.  Section 6E-43.6, Hawaii Revised Statutes, is
 7 amended to read as follows:
 8      "[[]6E-43.6[]]  Inadvertent discovery of burial sites.(a)
 9 In the event human skeletal remains are inadvertently discovered,
10 any activity in the immediate area that could damage the remains
11 or the potential historic site shall cease until the requirements
12 of subsections (b) to (d) have been met.
13      (b)  The discovery shall be reported as soon as possible to
14 the department, the appropriate medical examiner or coroner, and
15 the appropriate police department.  As soon as practicable, the
16 department shall notify the appropriate council and the office of
17 Hawaiian affairs.
18      (c)  After notification of the discovery of multiple
19 skeletons, the following shall be done within two working days,
20 if on Oahu, and three working days, if in other council
21 jurisdictions:
22      (1)  A representative of the medical examiner or coroner's
23           office and a qualified archaeologist shall examine the

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                                     H.B. NO.           

 1           remains to determine jurisdiction.  If the remains are
 2           the responsibility of the medical examiner or coroner,
 3           the department's involvement shall end.  If the remains
 4           are historic or prehistoric burials, then the remainder
 5           of this section shall apply;
 6      (2)  The department shall gather sufficient information,
 7           including oral tradition, to document the nature of the
 8           burial context and determine appropriate treatment of
 9           the remains.  Members of the appropriate council shall
10           be allowed to oversee the on-site examination and, if
11           warranted, removal; and
12      (3)  If removal of the remains is warranted, based on
13           criteria developed by the department, in consultation
14           with the councils, office of Hawaiian affairs,
15           representatives of development and large property owner
16           interests, and appropriate Hawaiian organizations, such
17           as Hui Malama I Na Kupuna O Hawai`i Nei, through rules
18           adopted pursuant to chapter 91, the removal of the
19           remains shall be overseen by a qualified archaeologist
20           and a mitigation plan shall be prepared by the
21           department or with the concurrence of the department.
22      (d)  In cases involving the discovery of a single skeleton,
23 the requirements of subsection (c) shall be fulfilled in one

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 1 working day if on Oahu, and two working days if in other council
 2 jurisdictions.
 3      (e)  The mitigation plan developed by or with the
 4 concurrence of the department pursuant to subsection (c)(3) shall
 5 be carried out in accordance with the following:
 6      (1)  In discoveries related to development where land
 7           alteration project activities exist, the landowner,
 8           permittee, or developer shall be responsible for the
 9           execution of the mitigation plan including relocation
10           of remains[.  Justifiable delays resulting from the
11           discovery of burials shall not count against any
12           contractor's completion date agreement];
13      (2)  Project activities shall resume once necessary
14           archaeological excavations provided in the mitigation
15           plan have been completed;
16      (3)  In nonproject contexts, the department shall be
17           responsible for the execution of the mitigation plan
18           and the relocation of remains; and
19      (4)  The department shall verify the successful execution of
20           the mitigation plan.
21      (f)  Where the department determines it to be appropriate,
22 the department may execute the mitigation plan for the landowner,
23 permittee, or developer, upon request by the landowner,

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                                     H.B. NO.           

 1 permittee, or developer.  The department may charge a fee for
 2 execution of the mitigation plan.  The department shall adopt
 3 rules pursuant to chapter 91, which shall set forth procedures
 4 for the department to execute the mitigation plan and to charge a
 5 fee for execution of the mitigation plan.
 6      (g)  Justifiable delays resulting from the discovery of
 7 burials shall not count against any contractor's completion date
 8 agreement.
 9      [(f)] (h)  In cases where remains are archaeologically
10 removed, the department shall determine the place of relocation,
11 after consultation with the appropriate council, affected
12 property owners, representatives of the relevant ethnic group,
13 and any identified lineal descendants, as appropriate.
14 Relocation shall conform with requirements imposed by the
15 department of health, and may be accompanied by traditional
16 ceremonies, as determined by the lineal descendants, or, if no
17 lineal descendants are identified, the appropriate council or
18 representatives of the relevant ethnic group that the department
19 deems appropriate.  Specific or special reinterment requests from
20 lineal or cultural descendants may be accommodated provided that
21 the additional expenses incurred are paid by the affected
22 descendants."
23      SECTION 3.  Statutory material to be repealed is bracketed.

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                                     H.B. NO.           

 1 New statutory material is underscored.
 2      SECTION 4.  This Act shall take effect upon its approval.
 4                       INTRODUCED BY:  ___________________________