Haw. Code R. § 13-300-37 - Criteria for evaluating request to preserve or relocate non Native Hawaiian burial sites

(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 with a concentration of skeletal remains;

(2) Historic period burial sites associated with important individuals and events identified by the department following consultation with known lineal or cultural descendants, appropriate ethnic 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 non Native Hawaiian burial sites, the department 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 non 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.

Notes

Haw. Code R. § 13-300-37

[Eff SEP 28 1996] (Auth: HRS §§ 6E-43.5, 91-2) (Imp: HRS §§ 6E-43, 6E-43.6)