Hawaii Administrative Code

(a) The agency shall ensure whether historic properties are present in the project area and, if so, it shall ensure that these properties are properly identified and inventoried. (b) An agency shall first consult the SHPD to determine if the area proposed for the project needs to…

(a) Once a historic property is identified, then an assessment of significance shall occur. The agency shall make this initial assessment or delegate this assessment, in writing, to the SHPD. This information shall be submitted concurrently with the survey report, if historic pro…

(a) The effects or impacts of a project on significant properties shall be determined by the agency. Effects include direct as well as indirect impacts. One of the following effect determinations must be established: (1) "No historic properties affected". The project will have no…

(a) If a project will have an "effect" (impact) on significant historic properties, then a mitigation commitment proposing the form of mitigation to be undertaken for each significant historic property shall be submitted by the agency to the SHPD for review and approval. This pro…

(a) Once the detailed mitigation plans are carried out, a request for verification shall be submitted by the agency to the SHPD. This request shall document completion of the detailed mitigation plan's tasks--usually in the form of a completion report, with one copy submitted. (b…

For the purposes of preserving, and conserving all manner of flora and fauna, the board of land and natural resources hereby establishes a policy of setting aside selected parcels of land under its control as wilderness preserves. Notes Haw. Code R. § 13-3-1 [Eff. JUN 22 1981] (A…

(a) The area shown on the map entitled "Alakai Wilderness Preserve", June 30, 1981, attached at the end of this chapter, is hereby declared a wilderness preserve, and shall be known henceforth as the Alakai wilderness preserve. (b) In addition to the provisions of chapter 104, Ti…

This chapter governs practice and procedure relating to the proper care and protection of burial sites found in the State before the island burial councils and the department of land and natural resources. These rules shall be construed to secure the just and efficient determinat…

(a) Pursuant to a petition or upon its own motion, the department shall adopt, amend, or repeal a rule which is designed to implement, interpret, or prescribe law, policy, organization, procedure, or practice of the provisions of chapter 6E, HRS, in accordance with the procedures…

(a) Notice of proposed rulemaking shall be published at least once in a newspaper of general circulation in the State and in each county affected by the proposed rule. All notices shall be issued at least thirty days prior to the date set for hearing. (b) A notice of the proposed…

(a) Each rulemaking public hearing shall be presided over by the presiding officer or its designated hearings officer. The hearing shall be conducted in such a manner as to afford all interested persons a reasonable opportunity to submit data, views, or arguments through testimon…

Notes Haw. Code R. §§ 13-300-14 to 13-300-20

As used in this chapter, unless the context requires otherwise: "Ahupua'a" means a traditional Hawaiian land division usually extending from the mountain to the sea. "Appeals panel" means the panel comprised of three members from the board of land and natural resources and three …

(a) The department shall establish an island burial council for Hawaii, Maui/Lanai, Molokai, Oahu, and Kauai/Ni'ihau to carry out all applicable duties established by sections 6E-43, 6E-43.5, and 6E-43.6, HRS, and any other applicable law. The councils shall be a part of the depa…

(a) Each council shall be composed of at least one representative from each geographic region of the island and representatives of development and large property owner interests. (b) Regional representatives shall meet the following criteria: (1) Be a member of the Hawaiian commu…

(a) Each council member shall serve the length of the term assigned by the governor, unless the member voluntarily resigns, or is removed or suspended by the governor pursuant to section 26-34, HRS. (b) Removal or suspension of a member from the council may occur for any of the f…

(a) The primary responsibility of the council shall be to determine preservation or relocation of previously identified Native Hawaiian burial sites as set forth in this chapter. (b) The council shall assist the department in the inventory and identification of Native Hawaiian bu…

(a) The council shall hold regularly scheduled meetings at a time and place established by the council. Notice shall be given in accordance with chapter 92, HRS. The purpose of the meeting shall be to acquire information relating to Native Hawaiian burial sites, make recommendati…

A majority of the council shall constitute a quorum to conduct business and a majority of the members present at the meeting shall be necessary to approve any council action. Notes Haw. Code R. § 13-300-26 [Eff SEP 28 1996] (Auth: HRS § 6E-43.5) (Imp: HRS §§ 6E-43, 6E-43.5, 6E-43…

(a) Duties of the council chairperson shall include, but not be limited to, the following: (1) Preside over all council meetings to ensure the orderly conduct of relevant business; (2) Be available to serve as an appeals panel member; and (3) Conduct any other duties necessary an…

(a) The department shall provide all necessary administrative support services to the council which shall include but not be limited to the following: (1) Post a notice of council meeting agenda with the Lieutenant Governor's office; (2) Make necessary arrangements to reserve a p…

Notes Haw. Code R. §§ 13-300-29 to 13-300-30

(a) This chapter applies to sites found within the boundaries of the State not situated in a known, maintained, actively used cemetery, where human skeletal remains are discovered, or known to be present, and appear to be over fifty years old. This chapter also applies to human s…

(a) A burial site may be identified by oral or written testimony in the following manner: (1) The council or the department where appropriate shall evaluate the testimony presented; (2) To the best of their ability, witnesses shall provide information including the location and d…

(a) In order to accomplish the purposes of chapter 6E, HRS, including the preservation and protection of all burial sites and especially Native Hawaiian skeletal remains from unnecessary disturbance, physical examination of human skeletal remains over fifty years old is prohibite…

(a) The council shall have jurisdiction over all requests to preserve or relocate previously identified Native Hawaiian burial sites. (b) The applicant shall submit a request to preserve in place or relocate a Native Hawaiian burial site to the department in the form of a burial …

(a) The department shall have jurisdiction over all requests to preserve or relocate previously identified non Native Hawaiian burial sites. (b) The applicant shall submit a request to preserve in place or relocate a previously identified non Native Hawaiian burial site to the de…

(a) In order to establish lineal or cultural descent to human skeletal remains, a person shall submit a claim to the department together with any of the following information: (1) The name of the deceased individual; (2) Family genealogy; (3) Birth certificates; (4) Death certifi…

(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…

(a) Previously identified non Native Hawaiian burial sites and inadvertently discovered non Native Hawaiian skeletal remains that meet any one of the following criteria shall be given greater consideration for preservation in place by the department: (1) When located in areas wit…

(a) When determining appropriate treatment of a previously identified Native Hawaiian burial site, the council shall: (1) Fully consider all provisions of the burial treatment plan developed according to section 13-300-33; (2) Weigh all other written and oral evidence and assess …

(a) When determining appropriate treatment of a previously identified non Native Hawaiian burial site, the department shall: (1) Fully consider all provisions of the burial treatment plan developed according to section 13-300-34; (2) Weigh all other written and oral evidence and …

(a) Department records relating to historic sites and burial sites shall be made available for public inspection at the department during regular business hours, except: (1) Records relating to the location and description of historic sites including burial sites, and human skele…

(a) The department shall have jurisdiction over any inadvertent discovery of human skeletal remains and any burial goods over fifty years old, regardless of ethnicity. (b) The inadvertent discovery shall be immediately reported to the following persons: (1) The state historic pre…

(a) There shall be a prohibition on the private possession of human skeletal remains over fifty years old knowingly removed or originating from a burial site in the State, except the department may authorize possession where: (1) Private archaeological firms curate human skeletal…

(a) It shall be unlawful for any person to offer for sale or exchange any exhumed human skeletal remains over fifty years old, or any associated burial goods. (b) It shall be unlawful for any person to remove from the jurisdiction of the State, any human skeletal remains over fif…

(a) It shall be unlawful for any person, natural or corporate, to knowingly take, appropriate, excavate, injure, destroy, or alter any burial site or the contents thereof, located on private lands or lands owned or controlled by the State, or any of its political subdivisions, ex…

Notes Haw. Code R. §§ 13-300-44 to 13-300-50

Notes Haw. Code R. §§ 13-300-5 to 13-300-10

(a) When required by law, the appeals panel shall hold a contested case hearing upon timely written petition of any person who is aggrieved by a council determination to preserve in place or relocate Native Hawaiian skeletal remains and any burial goods from a previously identifi…

(a) A written petition for a contested case hearing shall be filed, i.e. mailed and postmarked, within forty five days following receipt of written notification of the council determination except that where a request for reconsideration of a council determination is made, the fo…

(a) After a determination is made by the presiding officer that a contested case hearing is required, the written notice of hearing shall be served by the department upon the parties in accordance with section 91-9.5, HRS, and shall be served on all persons admitted as a party at…

(a) The following persons shall be admitted as a party: (1) The applicant; (2) The landowner; (3) Any person who has been recognized by the department as a known lineal descendant to the Native Hawaiian skeletal remains; or (4) Any person who can show a substantial interest in th…

(a) Upon the grant of a petition to appeal a council determination, the appeals panel shall conduct the contested case hearing in accordance with this subchapter, and chapter 91, HRS, and whenever possible on the island from which the appeal is being taken. (b) The appeals panel …

(a) The presiding officer or designated representative may hold, or cause to be held, prehearing conferences with the parties for the purpose of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or proposed written testimony, setting of schedu…

(a) The presiding officer shall preside over the contested case hearing, rule on all procedural and substantive matters, and execute any other acts necessary for the orderly and just conduct of the hearing, including, but not limited to, the following: (1) The admission of partie…

(a) Witnesses, documents, or records may be subpoenaed as set forth in this subsection: (1) Requests for the issuance of subpoenas, requiring the attendance of a witness for the purpose of taking oral testimony before the appeals panel, shall be in writing, and shall state the re…