reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 283 - RULES GOVERNING STANDARDS FOR OSTEOLOGICAL ANALYSIS OF HUMAN SKELETAL REMAINS › Section 13-283-5 - Treatment of human skeletal remains

Current through June, 2024
Because human remains are highly sensitive to many
				  individuals and ethnic groups, all archaeological excavations and osteological
				  laboratory analysis shall treat the remains with dignity and
				  respect.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 283 - RULES GOVERNING STANDARDS FOR OSTEOLOGICAL ANALYSIS OF HUMAN SKELETAL REMAINS › Section 13-283-6 - Penalty

Current through June, 2024
Non-compliance with the provisions and procedures
				  established by this chapter shall result in a denial or revocation of SHPD's
				  written historic preservation review concurrence or agreement, and shall also
				  be penalized as provided in section
				  6E-11,
				  HRS, and applicable laws.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-1 - Purpose, applicability, and participants

Current through June, 2024
(a) The purpose of
				this chapter is to promote the use and conservation of historic properties for
				the education, inspiration, pleasure and enrichment of the citizens of Hawaii
				by articulating a historic preservation review process for projects requiring
				the approval of a state or county agency for a permit, license, certificate,
				land use change, subdivision, or other entitlement to use. Section
				6E-42,
				Hawaii Revised Statutes, requires state and county agencies to afford the
				department an opportunity to comment on any such permit or approval. The
				following procedures in part define how agencies meet this statutory
				requirement. The goal of the review process is to identify significant historic
				properties in project areas, assess any effects, and then to develop and
				execute plans to avoid, minimize, or mitigate adverse effects to the
				significant historic properties in the public interest. The process supports
				the policy of chapter
				6E, HRS, to preserve, restore and
				maintain historic properties for future generations.
(b) This chapter itemizes the review process
				that the SHPD shall follow to make comments to state and county agencies on
				permits, licenses, certificates, land use changes, subdivisions, or other
				entitlements for use which may affect historic properties, thereby meeting the
				opportunity to comment under section
				6E-42,
				HRS.
(c) Participants in the
				historic preservation review process.
(1) The
				primary participants in the process are DLNR, represented by the SHPD, the
				agency with jurisdiction over the project, and the person proposing the
				project. The agency has responsibility for initiating the historic preservation
				review process. The agency may have others prepare the review process
				items.
(2) Interested persons are
				those organizations and individuals that are concerned with the effect of a
				project on historic properties.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-3 - Conducting a historic preservation review; generally

Current through June, 2024
(a)
				A historic preservation review may involve up to six procedural steps, in order
				to determine if significant historic properties are present and, if so, to
				develop and execute a detailed mitigation plan and thereby satisfactorily take
				into account the impact of the project on such historic properties. Any agency
				involved in this review shall consult with the SHPD and shall obtain the
				written comments of the SHPD at each step of the review. In cases where any
				interim protection plans are adequately in place and any data recovery
				fieldwork has been adequately completed, the project may commence from a
				historic preservation perspective.
(b) The review steps, described in greater
				detail in the following sections, are as follows:
(1) Identification and inventory, to
				determine if historic properties are present in the project's area and, if so,
				to identify and document (inventory) them;
(2) Evaluation of significance;
(3) Effect (impact) determination;
(4) Mitigation commitments which commit to
				acceptable forms of mitigation in order to properly handle or minimize impacts
				to significant properties;
(5)
				Detailed mitigation plan, scope of work to properly carry-out the general
				mitigation commitments; and
(6)
				Verification of completion of detailed mitigation plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-4 - Fees

Current through June, 2024
(a) Filing fees will be charged for the
				following:
(1) $50 for an archaeological
				assessment report;
(2) $150 for an
				archaeological inventory survey plan;
(3) $450 for an archaeological,
				architectural, or ethnographic inventory survey report;
(4) $150 for a preservation plan;
(5) $25 for a monitoring plan;
(6) $150 for an archaeological data recovery
				plan;
(7) $250 for a burial
				treatment plan;
(8) $100 for a
				monitoring report, if resources are reported;
(9) $450 for an archaeological data recovery
				report;
(10) $450 for an
				ethnographic documentation report;
(11) $25 for a burial disinterment report;
				and
(12) $50 for an osteological
				analysis report.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-6 - Evaluation of significance

Current through June, 2024
(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 properties were found in the survey.
(b) To be significant, a historic property
				shall possess integrity of location, design, setting, materials, workmanship,
				feeling, and association and shall meet one or more of the following criteria:
(1) Criterion "a". Be associated with events
				that have made an important contribution to the broad patterns of our
				history;
(2) Criterion "b". Be
				associated with the lives of persons important in our past;
(3) Criterion "c". Embody the distinctive
				characteristics of a type, period, or method of construction; represent the
				work of a master; or possess high artistic value;
(4) Criterion "d". Have yielded, or is likely
				to yield, information important for research on prehistory or history;
				or
(5) Criterion "e". Have an
				important value to the native Hawaiian people or to another ethnic group of the
				state due to associations with cultural practices once carried out, or still
				carried out, at the property or due to associations with traditional beliefs,
				events or oral accounts--these associations being important to the group's
				history and cultural identity.
A group of sites can be collectively argued to be
				  significant under any of the criteria.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-7 - Determining effects to significant historic properties

Current through June, 2024
(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 effect on significant historic properties; or
(2) "Effect, with agreed upon mitigation
				commitments". The project will affect one or more significant historic
				properties, and the effects will potentially be harmful. However, the person
				has agreed to mitigation commitments involving one or more forms of mitigation
				to reasonably and acceptably mitigate the harmful effects.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-8 - Mitigation

Current through June, 2024
(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 proposed commitment shall be submitted concurrently with the survey
				report, significance evaluations, and effects determinations, if significant
				historic properties are present in the project area and will be affected.
(1) Mitigation may occur in five forms.
(A) Preservation, which may include avoidance
				and protection (conservation), stabilization, rehabilitation, restoration,
				reconstruction, interpretation, or appropriate cultural use.
(B) Architectural recordation, which involves
				the photographic documentation and possibly the measured drawing of a building,
				structure, or object prior to its alteration or destruction.
(C) Archaeological data recovery, which
				enables the recovery of an adequate and reasonable amount of the significant
				information from a significant historic property prior to its alteration or
				destruction. Data recovery may include archaeological mapping, surface
				collection, excavation, monitoring, laboratory analyses, and interpretive
				analyses.
(D) Historical data
				recovery, which involves researching historical source materials to document an
				adequate and reasonable amount of information about the property when a
				property will be altered or destroyed.
(E) Ethnographic documentation, which
				involves interviewing knowledgeable individuals and researching historical
				source materials to document an adequate and reasonable amount of information
				about the property when a property will be altered or destroyed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-9 - Verification of completion of the detailed mitigation plan

Current through June, 2024
(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) If the SHPD disagrees that the work has
				been successfully completed, it shall send a letter noting uncompleted tasks or
				inadequately completed tasks within thirty days of receipt of the request. To
				proceed with the review process, the agency shall consult with the SHPD as
				needed to resolve differences, and resubmit the completion report.
(c) If the SHPD agrees that the work has been
				successfully concluded, SHPD shall send a verification letter within thirty
				days and the historic preservation process is concluded.
(d) In cases involving preservation,
				archaeological data recovery, or architectural recordation, the agency has the
				option to request an accelerated, 2-step verification, understanding that
				construction projects often need to proceed rapidly and that a completion
				report is often finished months after fieldwork is completed.
(1) Step 1. The agency shall submit
				documentation to the SHPD indicating that data recovery fieldwork,
				architectural recordation, or interim protection measures for properties to be
				preserved have been successfully completed. The SHPD writes a letter within
				thirty days to the agency agreeing and stating construction may proceed, with
				the understanding that Step 2 must be completed to conclude the historic
				preservation process. If the measures have not been successfully completed, the
				SHPD shall write a letter within thirty days to the agency indicating what
				needs to be completed. To proceed with the review process, the agency shall
				consult with the SHPD as needed to resolve differences, and resubmit the
				documentation.
(2) Step 2. The
				agency shall submit to the SHPD a completion report for the data recovery work,
				architectural recordation, or final preservation work. The SHPD shall write a
				letter to the agency within thirty days stating the completion report is
				adequate and that the historic preservation process is concluded. If the
				completion report is not adequate, the SHPD shall write a letter within thirty
				days to the agency indicating needed changes. To proceed with the review
				process, the agency shall consult with the SHPD as needed to resolve
				differences, and resubmit the completion report.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-10 - Conclusion of the historic preservation review process

Current through June, 2024
(a)
				The historic preservation review process ends when:
(1) SHPD agrees that adequate procedures have
				been taken to determine if historic properties are likely to be present in the
				project area, and no historic properties are found to be present or historic
				properties are considered unlikely to be present;
(2) SHPD agrees that the project shall have
				"no historic properties affected"; or
(3) SHPD agrees to a detailed mitigation plan
				to handle an effect to significant historic properties that are present and
				this plan is verified by the SHPD to have been successfully executed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-11 - Review of Findings Based on Agency Requests

Current through June, 2024
(a) Upon the
				request of an agency the SHPD shall reconsider the findings under sections
				13-284-5 (adequate identification and inventory procedures), 13-284-6
				(significance evaluations), 13-284-7 (determination of effects), and 13-284-8
				(mitigation), should an agency believe new information has come forth regarding
				historic properties. To be considered, the inquiry must address specific
				problems in the findings with supportive new evidence presented. The person
				conducting the project shall be promptly notified by the SHPD of the request
				for reconsideration. An inquiry to the SHPD shall not suspend action on a
				project, but the person and agency shall take all measures to avoid adverse
				effects to significant historic properties while the SHPD is reviewing a
				request. Within 10 working days of receipt of the request at the SHPD office,
				the SHPD shall advise the person undertaking the project, and the agency
				involved, in writing of the SHPD conclusions.
(b) If the SHPD conclusions identify an
				inaccurate significance evaluation, an inappropriate general mitigation
				commitment, or a flaw in the detailed mitigation plan, then the SHPD, the
				person undertaking the project, and the agency responsible for the permit or
				action shall attempt to reach agreement on how to correct the
				problem.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-12 - Discovery of previously unknown historic properties during implementation of a project

Current through June, 2024
If a previously unknown historic property is found after the
				  acceptance of an inventory report or during the implementation of a project,
				  then the historic preservation review process shall be reopened. This action,
				  however, applies only to the immediate area where a historic property is
				  discovered, and the historic preservation review process shall be accelerated,
				  following the procedures of 13-280.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 13 - HISTORIC PRESERVATION DIVISION › Chapter 284 - RULES GOVERNING PROCEDURES FOR HISTORIC PRESERVATION REVIEW TO COMMENT ON CHAPTER 6E-42, HRS, PROJECTS › Section 13-284-13 - Penalty

Current through June, 2024
Failure to obtain the written comments of the SHPD in
				  accordance with this chapter shall result in a SHPD comment to the agency not
				  to proceed with the project.
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 1 - GENERAL PROVISIONS › Section 13-300-1 - Purpose

Current through June, 2024
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 determination of
					 every proceeding. The legislature finds that Native Hawaiian burial sites are
					 especially vulnerable and often not afforded the protection of law which
					 assures dignity and freedom from unnecessary disturbance (e.g. Honokahua). In
					 order to avoid future disputes arising from the discovery of human skeletal
					 remains fifty years or older, sections
					 6E-11,
					 6E-12,
					 6E-43,
					 6E-43.5,
					 6E-43.6,
					 HRS, were amended or enacted in part to provide additional protection for
					 Native Hawaiian burial sites of high preservation value such as areas with a
					 concentration of skeletal remains, or prehistoric or historic burials
					 associated with important individuals or events, that are within a context of
					 historic properties, or have known lineal descendants. The photographing of
					 human skeletal remains reasonably believed to be Native Hawaiian may take place
					 only after consultation with known lineal descendants and the appropriate
					 council.
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 1 - GENERAL PROVISIONS › Section 13-300-3 - Jurisdiction

Current through June, 2024
(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 skeletal remains and any burial goods already removed from a site
				  which appear to be over fifty years old.
(b) Authority to determine treatment of any
				  burial site belongs to the department, following appropriate consultations,
				  except that where a burial site is Native Hawaiian and previously identified,
				  authority to determine treatment belongs to the appropriate council.
(c) This chapter does not apply to:
(1) Human skeletal remains originating
				  outside of the State;
(2) Human
				  skeletal remains voluntarily donated to any medical institution in the
				  State;
(3) Human skeletal remains
				  fabricated into artifacts prehistorically and intended to be removed from the
				  State, as provided in section
				  6E-12(b)(2),
				  HRS; and
(4) Human skeletal remains
				  curated by any federally funded museum in the State.
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 1 - GENERAL PROVISIONS › Section 13-300-4 - Government records

Current through June, 2024
(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 skeletal
				  remains and any burial goods, deemed sensitive by the council or review board,
				  shall be exempt from the public disclosure requirements of section
				  92F-12, HRS.
				  Location records include information regarding the island, district, ahupua'a,
				  tax map key, address, or site map where a burial site is identified.
				  Description records include information describing burial site features, human
				  skeletal remains including genealogical information, or burial goods.
(A) Any person may request the council or
				  review board to deem a specific location or description record sensitive. When
				  considering a request, the council or review board may close the meeting to
				  discuss the potential sensitivity of the record.
(B) Where a location or description record is
				  deemed sensitive, the department shall undertake every reasonable effort to
				  secure the record and restrict access.
(C) Access to sensitive records shall be
				  allowed by written consent of the appropriate council or review board only
				  where the department needs to review the record to protect the burial site from
				  harm, notify known lineal or cultural descendants of the harm, or evaluate the
				  ethnicity and significance of burial sites proximately located;
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 2 - RULEMAKING › Section 13-300-11 - Adopt amend, repeal rules

Current through June, 2024
(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 set forth in this chapter and in chapter
				  91, HRS. The petition shall be
				  submitted in duplicate and delivered to the department.
(b) The petition shall contain the following:
(1) A statement of the nature of the
				  petitioner's interest in the subject matter;
(2) A draft text of the proposed rule, or
				  amendment, or the section of the rule to be repealed;
(3) A designation of any existing rules or
				  laws affected by the petition and a comprehensive explanation of the
				  effects;
(4) An explicit statement
				  of the reasons petitioner is seeking the adoption, amendment, or repeal of the
				  rule;
(5) Any other facts, views,
				  arguments, and data deemed relevant to the petition;
(6) The name, address, and telephone number
				  of the petitioner; and
(7) The
				  signature of the petitioner.
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 2 - RULEMAKING › Section 13-300-12 - Notice of hearing

Current through June, 2024
(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 adoption, amendment, or repeal of a rule shall include:
(1) A statement of the date, time, and place
				  where the hearing shall be held;
(2) Reference to the authority under which
				  the adoption, amendment, or repeal of a rule is proposed;
(3) A statement of the substance of the
				  proposed rulemaking or a general description of the subjects involved and the
				  purposes to be achieved by the proposed rule adoption, amendment, or repeal;
				  and
(4) A statement that a copy of
				  the proposed rule to be adopted, amended, or repealed will be mailed at no cost
				  to any interested person who requests a copy, together with a description of
				  where and how the requests may be made.
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 2 - RULEMAKING › Section 13-300-13 - Conduct of rulemaking

Current through June, 2024
(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 testimony, orally or in writing, on issues relevant
				  to the proposed rulemaking in order to obtain a clear and orderly record. The
				  presiding officer or hearings officer shall have the authority to administer
				  oaths or affirmations and to take all other actions necessary for the orderly
				  conduct of the hearing.
(b) The
				  hearing shall be held at the time and place set in the notice of hearing, but
				  may at such time and place be continued by the presiding officer or hearings
				  officer from day to day, or adjourned to a later date, or to a different place,
				  without notice other than the announcement thereof at the hearing. Where the
				  proposed rulemaking affects only one county, the hearing shall be held in that
				  county only.
(c) At the
				  commencement of a hearing, the presiding officer shall read the notice of the
				  hearing and shall outline briefly the procedure to be followed. Testimony shall
				  then be received with respect to the matters specified in the notice of hearing
				  in the order as the presiding officer or hearings officer shall
				  prescribe.
(d) Before testifying,
				  all interested persons shall state their name, address, and whom they represent
				  at the hearing, and give any other information respecting their appearance as
				  the presiding officer or hearings officer determines necessary to the orderly
				  conduct of the hearing.
(e) Unless
				  otherwise ordered by the presiding officer or hearings officer, testimony given
				  at the hearing need not be reported verbatim. All supporting written
				  statements, maps, charts, tabulations, or similar data offered at the hearing
				  shall be received in evidence and made a part of the record. Unless the
				  presiding officer or hearings officer finds that the furnishing of copies is
				  impracticable, two copies of the exhibits shall be submitted.
(f) The department shall fully consider all
				  written and oral submissions before taking final action in a rulemaking
				  proceeding.
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 3 - ISLAND BURIAL COUNCILS › Section 13-300-21 - Establishment

Current through June, 2024
(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
				  department for administrative purposes.
(b) The governor shall appoint the members of
				  the council, in accordance with section
				  26-34,
				  HRS, from a list provided by the department and a list provided by the Office
				  of Hawaiian Affairs.
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 3 - ISLAND BURIAL COUNCILS › Section 13-300-22 - Composition

Current through June, 2024
(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 community and represent one of the following geographic regions:
(A) Kohala, Kona, Kau, Puna, Hilo, and
				  Hamakua for the island of Hawaii;
(B) Lahaina, Wailuku, Makawao, and Hana for
				  the island of Maui;
(C)
				  Lanai;
(D) West Molokai, Central
				  Molokai, East Molokai and Kalawao for the island of Molokai;
(E) Waianae, Ewa, Kona, Ko olaupoko, Ko
				  olauloa and Waialua for the island of O ahu;
(F) Waimea, Koloa, Lihu'e, Kawaihau, Hanalei
				  and Na Pali for the island of Kauai; and
(G) Niihau; and
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 3 - ISLAND BURIAL COUNCILS › Section 13-300-23 - Term, removal, and reappointment

Current through June, 2024
(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 following reasons:
(1) Health concerns;
(2) Failure to carry out duties and
				  responsibilities as provided in this chapter;
(3) Unexcused absences from three consecutive
				  council meetings; or
(4)
				  Appointment to another state board or commission.
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 3 - ISLAND BURIAL COUNCILS › Section 13-300-24 - Duties and responsibilities

Current through June, 2024
(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
				  burial sites by providing information obtained from families and other
				  sources.
(c) The council shall make
				  recommendations to the department regarding appropriate management, treatment,
				  and protection of Native Hawaiian burial sites, and on any matters related to
				  Native Hawaiian burial sites.
(d)
				  The council shall maintain a list of appropriate Hawaiian organizations,
				  agencies, and offices to notify regarding the discovery of Native Hawaiian
				  skeletal remains, any burial goods, and burial sites.
(e) By a concurrence of a majority of the
				  members present, the council shall each elect a chairperson and vice
				  chairperson for four year terms who shall serve no more than two consecutive
				  terms. By a two-thirds vote of its members, the council may at any time replace
				  the chairperson or vice chairperson or both.
(f) In accordance with section 13-300-4, the
				  council shall be authorized to deem department records relating to the location
				  and description of Native Hawaiian burial sites sensitive and thereby exempt
				  from the requirements of section
				  92F-12,
				  HRS.
(g) In accordance with section
				  13-300-35, the council shall decide whether to recognize a claimant as a lineal
				  or cultural descendant based on a written assessment provided by the
				  department.
(h) The council shall
				  be authorized to take any other appropriate actions in furtherance of this
				  chapter. Nothing in this section shall be construed to limit the authority of
				  the council as to matters provided in chapter
				  6E, HRS.
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 3 - ISLAND BURIAL COUNCILS › Section 13-300-25 - Meetings

Current through June, 2024
(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
				  recommendations to the department regarding Native Hawaiian burial sites, and
				  determine the proper treatment of previously identified Native Hawaiian burial
				  sites.
(b) All meetings by the
				  council shall be open to the public, provided the council may meet in executive
				  session pursuant to chapter
				  92, HRS, from which the public may be
				  excluded, by a recorded vote of two-thirds of the members present. No order,
				  ruling, or decision shall be finally acted upon during executive
				  session.
(c) Following recognition
				  by the chairperson, any person may submit oral or written testimony to the
				  council regarding a matter under consideration, provided that applicants
				  wishing to conduct an informational presentation or present a proposed burial
				  treatment plan for determination, shall first submit a written request to the
				  department to be placed on the council meeting agenda.
(d) The council may close a meeting whenever
				  location or description of a Native Hawaiian burial site is under
				  consideration. The chairperson, by concurrence of a majority of members present
				  at the meeting, shall be authorized to require the public to leave the meeting
				  while the confidential matter is being discussed and reopen the meeting once
				  the confidential matter is no longer being considered.
(e) Written minutes of the council meeting
				  shall be approved by the council. Upon request, the department shall make
				  available to the public copies of the council minutes with the exception that
				  the public minutes shall not reflect closed meeting discussions relating to
				  confidential matters.
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 3 - ISLAND BURIAL COUNCILS › Section 13-300-26 - Quorum

Current through June, 2024
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.
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 3 - ISLAND BURIAL COUNCILS › Section 13-300-27 - Duty of chairperson

Current through June, 2024
(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 and appropriate to fulfill the responsibilities and
				  obligations of the council.
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 3 - ISLAND BURIAL COUNCILS › Section 13-300-28 - Role of the department

Current through June, 2024
(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
				  place for council meetings and assist in arranging site inspections;
(3) Record and transcribe minutes of council
				  meetings;
(4) Acquire and verify
				  all information necessary for a council determination of burial treatment and
				  refer the matter to the council for determination;
(5) Submit to the applicant in writing the
				  council's determination and any recommendations accepted by the
				  department;
(6) Generate
				  correspondence on behalf of the council to implement the applicable provisions
				  of chapter
				  6E, HRS, and this chapter;
(7) Provide information to the council on any
				  matters relating to appropriate management, treatment, and protection of Native
				  Hawaiian burial sites and on any other matters relating to Native Hawaiian
				  burial sites; and
(8) Conduct any
				  other administrative acts as deemed necessary.
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 13-300-31 - Burial site identification; ethnicity evaluation

Current through June, 2024
(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 description of a burial
				  site;
(3) The council shall
				  recommend to the department whether to accept the testimony presented regarding
				  a Native Hawaiian burial site; and
(4) A burial site recognized by the
				  department based on oral or written testimony shall be classified as previously
				  identified.
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 13-300-33 - Request for council determination to preserve or relocate Native Hawaiian burial sites

Current through June, 2024
(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 treatment plan. The department shall assure that the
				  burial treatment plan includes the following information prior to any council
				  determination:
(1) Evidence of a good faith
				  search for lineal and cultural descendants, including:
(A) Research of relevant land conveyance
				  documents including identification of land commission awardees located at or
				  near the burial site;
(B) An
				  inquiry to any person who may have knowledge of families possibly affiliated
				  with the Native Hawaiian remains;
(C) Publication of notice in a newspaper of
				  general circulation in the county in which the burial site is located and a
				  newspaper of statewide circulation for a minimum of three days, including
				  Sunday and Wednesday. At a minimum, the notice shall contain:
(i) A general description of the property
				  including any identifying features and the tax map key, ahupua'a, district, and
				  island;
(ii) The names of
				  individuals or families including land commission awardees possibly associated
				  with the burial site or property where the burial site is located;
(iii) The name, address, and telephone number
				  of the applicant and a contact person in the department;
(iv) A brief statement of the proposed
				  treatment for the burial site; and
(v) A statement that interested persons shall
				  respond within thirty days and provide information to the department adequately
				  demonstrating descent from the Native Hawaiian remains, or descent from
				  ancestors buried in the same ahupua'a or district where the Native Hawaiian
				  skeletal remains are buried.
Notice may also be placed in the next issue of Ka Wai Ola
					 O OHA, published by the Office of Hawaiian Affairs, or any other similar
					 publication. The applicant shall append to the burial treatment plan proof of
					 notice publication for each newspaper.
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 13-300-34 - Request for department determination to preserve or relocate non Native Hawaiian burial sites

Current through June, 2024
(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 department in the form of a
				  burial treatment plan. The department shall assure that the burial treatment
				  plan includes the following information prior to any determination of
				  treatment:
(1) Evidence of a good faith
				  search for lineal and cultural descendants, including:
(A) Research of relevant land conveyance
				  documents;
(B) An inquiry to any
				  person who may have knowledge of families possibly affiliated with the non
				  Native Hawaiian remains;
(C)
				  Publication of notice in a newspaper of general circulation in the county in
				  which the burial site is located and a newspaper of statewide circulation for a
				  minimum of three days, including Sunday and Wednesday. At a minimum, the notice
				  shall contain:
(i) A general description of
				  the property including any identifying features and the tax map key, ahupua'a,
				  district, and island;
(ii) The
				  names of individuals or families possibly associated with the burial site or
				  property where the burial site is located;
(iii) The name, address, and telephone number
				  of the applicant and a contact person in the department;
(iv) A brief statement of the proposed
				  treatment for the burial site; and
(v) A statement that interested persons shall
				  respond within thirty days and provide information to the department adequately
				  demonstrating descent from the non Native Hawaiian remains, or be the same
				  ethnicity as the non Native Hawaiian skeletal remains.
Notice may also be placed in any publication which reaches
					 a particular ethnic group. The applicant shall append to the burial treatment
					 plan proof of notice publication for each newspaper.
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 13-300-35 - Recognition of lineal and cultural descendants

Current through June, 2024
(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
				  certificates;
(5)
				  Obituaries;
(6) Marriage
				  certificates;
(7) Probate
				  records;
(8) Church
				  records;
(9) Census
				  records;
(10) Tax
				  records;
(11) Land conveyance
				  documents including, but not limited to, deeds and land commission
				  awards;
(12) Oral family hi story;
				  or
(13) Any other applicable
				  information or records that help establish a lineal connection between the
				  claimant and the human skeletal remains.
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

Current through June, 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.
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 13-300-37 - Criteria for evaluating request to preserve or relocate non Native Hawaiian burial sites

Current through June, 2024
(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.