Hawaii Administrative Rules
Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES
Subtitle 13 - HISTORIC PRESERVATION DIVISION
Chapter 300 - RULES OF PRACTICE AND PROCEDURE RELATING TO BURIAL SITES AND HUMAN REMAINS
Subchapter 4 - PROCEDURES FOR PROPER TREATMENT OF BURIAL SITES AND HUMAN SKELETAL REMAINS
Section 13-300-36 - Criteria for evaluating request to preserve or relocate Native Hawaiian burial sites
Universal Citation: HI Admin Rules 13-300-36
Current through February, 2024
(a) Previously identified Native Hawaiian burial sites and inadvertently discovered Native Hawaiian skeletal remains that meet any one of the following criteria shall be given greater consideration for preservation in place by the council and the department respectively:
(1) When located in
areas with a concentration of skeletal remains;
(2) Pre-contact or historic period burial
sites associated with important individuals and events as recommended by the
council following consultation with known lineal or cultural descendants,
appropriate Hawaiian organizations, knowledgeable individuals, or any other
appropriate source of information;
(3) When located in areas within a context of
historic properties, as defined by section
6E-2, HRS;
(4) Where known lineal descendants request
preservation in place; or
(5) Where
the landowner agrees to preservation in place.
(b) When determining whether to preserve in place or relocate Native Hawaiian burial sites, the councils and the department where appropriate, shall give due consideration to the following:
(1) The cultural appropriateness of the
proposal to preserve in place or relocate;
(2) Any possible harm to the Native Hawaiian
skeletal remains if the burial site is left in place;
(3) The request of known lineal or cultural
descendants to relocate; and
(4)
Any reason presented by the applicant to relocate.
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