HOUSE OF REPRESENTATIVES

H.C.R. NO.

331

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE STATE HISTORIC PRESERVATION DIVISION OF THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND THE OFFICE OF HAWAIIAN AFFAIRS TO WORK TOGETHER TO ADDRESS AND CLARIFY THE TERM "BURIAL SITE".

 

 

 


     WHEREAS, caves and lava tubes are among the types of places where Native Hawaiians historically buried their loved ones; and

 

     WHEREAS, under traditional and customary practices, Native Hawaiians are obligated to ensure that human remains are undisturbed and receive proper care and respect; and

 

     WHEREAS, the interment of Native Hawaiian remains in caves and lava tubes ensures the least disruption to loved ones; and

 

     WHEREAS, section 6E-2, Hawaii Revised Statutes, defines "burial site" as "any specific unmarked location where prehistoric or historic human skeletal remains and their associated burial goods are interred, and its immediate surrounding archaeological context, deemed a unique class of historic property and not otherwise included in section 6E-41"; and

 

     WHEREAS, it is not clear whether the term "burial site," as defined by section 6E-2, Hawaii Revised Statutes, includes a cave or lava tube, or a portion of a cave or lava tube, where sufficient physical or cultural evidence suggests that the cave or lava tube, or a portion thereof, was used for or viewed as a burial site; and

 

     WHEREAS, clarifying the definition of "burial site" would assist in protecting Native Hawaiian remains from desecration or improper handling, and help in preventing disputes regarding burial sites; and

 

     WHEREAS, by working together, the State Historic Preservation Division of the Department of Land and Natural Resources and the Office of Hawaiian Affairs may be able to come to an agreement as to whether the term "burial site" includes all or a portion of a cave or lava tube that was used or viewed as a burial site; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the Senate concurring, that the State Historic Preservation Division of the Department of Land and Natural Resources and the Office of Hawaiian Affairs are requested to work together to address and clarify the interpretation of the term "burial site," and determine whether it includes all or a portion of a cave or lava tube that was used or viewed as a burial site; and

 

     BE IT FURTHER RESOLVED that the State Historic Preservation Division of the Department of Land and Natural Resources and the Office of Hawaiian Affairs are requested to submit a report on the results of its meetings, including any proposed legislation to the Legislature no later than twenty days prior to the convening of the Regular Session of 2011; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Administrator of the State Historic Preservation Division of the Department of Land and Natural Resources and the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Burial Sites