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 13-300-2 - Definitions

Current through June, 2024
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 council chairpersons
					 that administratively adjudicates an appeal of a council determination as a
					 contested case.
"Applicant" means a person representing a sufficient
					 ownership interest in real property or a lineal descendant who requests the
					 council or the department, whichever is applicable, to determine appropriate
					 treatment of a burial site or human skeletal remains and any burial goods or
					 both, located at, or originating from, the real property.
"Appropriate ethnic organization" means a group comprised
					 of a majority of individuals of the same ethnicity recognized by the department
					 as representing that particular ethnic group.
"Appropriate Hawaiian organization" means a group
					 recognized by the council that is comprised of a majority of Hawaiians and has
					 a general understanding of Hawaiian culture, in particular, beliefs, customs,
					 and practices relating to the care of ancestral Native Hawaiian skeletal
					 remains, burial goods, and burial sites.
"Archaeological data recovery plan" means the form of
					 mitigation that archaeologically records or recovers or both, a reasonable and
					 adequate amount of information as determined by the department, from a
					 significant historic property. With respect to a burial site, this plan
					 includes the disinterment of human skeletal remains and any burial goods and
					 may involve the recording of a reasonable amount of information from the burial
					 site if specifically authorized by the council or department, whichever is
					 applicable, following a determination to relocate the contents of the burial
					 site.
"Archaeological inventory survey" means the process of
					 identifying and documenting historic properties and burial sites in a
					 delineated area, gathering sufficient information to evaluate significance of
					 the historic properties and burial sites, and compiling the information into a
					 written report for review and acceptance by the department.
"Areas with a concentration of skeletal remains" means any
					 location where multiple human skeletons are present.
"Burial good" means any item reasonably believed to have
					 been intentionally placed with the human skeletal remains of an individual or
					 individuals at the time of burial.
"Burial site" means any specific unmarked location where
					 prehistoric or historic human skeletal remains and their associated burial
					 goods if any, are interred, and its immediate surrounding archaeological
					 context, including any associated surface and subsurface features, deemed a
					 unique class of historic property, and not otherwise included in section
					 6E-41,
					 HRS.
"Burial treatment plan" means a plan that meets all
					 necessary requirements as set forth in this chapter and which proposes
					 treatment of burial sites, including preservation in place or relocation,
					 submitted to the department or council, whichever is appropriate, for a
					 determination.
"Contested case" means a proceeding in which the legal
					 rights, duties, or privileges of specific parties are required by law to be
					 determined after an opportunity for an agency hearing.
"Council" means the island burial councils.
"Cultural descendant" means with respect to non Native
					 Hawaiian skeletal remains, a claimant recognized by the department as being the
					 same ethnicity, or with respect to Native Hawaiian skeletal remains, a claimant
					 recognized by the council after establishing genealogical connections to Native
					 Hawaiian ancestors who once resided or are buried or both, in the same ahupua'
					 a or district in which certain Native Hawaiian skeletal remains are located or
					 originated from.
"Department" means department of land and natural
					 resources.
"Government record" means information maintained by the
					 department in written, auditory, visual, electronic, or other physical
					 form.
"Historic property" means any building, structure, object,
					 district, area, or site, including heiau and underwater site, which is over
					 fifty years old.
"HRS" means Hawaii Revised Statutes, as amended.
"Hui Malama I Na Kupuna 'O Hawai'i Nei" means the Native
					 Hawaiian organization whose purpose is to provide cultural and spiritual care
					 to ancestral Native Hawaiian skeletal remains and burial goods through
					 repatriation and reburial, and by protecting known burial sites.
"Human skeletal remains" means the body or any part of a
					 deceased human being.
"Inadvertent discovery" means the unanticipated finding of
					 human skeletal remains and any burial goods resulting from unintentional
					 disturbance, erosion, or other ground disturbing activity.
"In situ burial agreement" means an agreement, recorded
					 with the bureau of conveyances, between the State and the landowner which
					 establishes the protection of the burial site in place as a preservation
					 easement in perpetuity.
"Lineal descendant" means with respect to Native Hawaiian
					 skeletal remains, a claimant who has established to the satisfaction of the
					 council, direct or collateral genealogical connections to certain Native
					 Hawaiian skeletal remains, or with respect to non Native Hawaiian skeletal
					 remains, a claimant who has established to the satisfaction of the department,
					 direct or collateral genealogical connections to certain non Native Hawaiian
					 skeletal remains.
"Metric trait" means a skeletal or dental trait quantified
					 by measurement.
"Mitigation plan" means the plan setting forth appropriate
					 treatment of historic properties, burial sites, or human skeletal
					 remains.
"Multiple skeletons" means human skeletal remains
					 representing more than one individual.
"Non metric trait" means a skeletal or dental trait which
					 is present or absent and genetic in origin, but does not include changes due to
					 disease or injury.
"Office of Hawaiian Affairs" means the principal public
					 agency established by the Hawaii State constitution and chapter
					 10, HRS, to develop and coordinate
					 services and programs for the betterment of the conditions of Native Hawaiians
					 and Hawaiians.
"Over fifty years old" means with respect to human
					 skeletal remains, being deceased for more than fifty years and not the age of
					 the individual at death.
"Party" means a person properly seeking and entitled as of
					 right to be admitted as a party in any court or agency proceeding.
"Person" means any individual, firm, association, agency,
					 organization, partnership, estate, trust, corporation, company, or governmental
					 unit.
"Post-contact" means the period after the year
					 1778.
"Pre-contact" means prehistoric.
"Prehistoric" means the period prior to and including the
					 year 1778.
"Preservation plan" means the form of mitigation that sets
					 forth appropriate treatment of historic properties, burial sites, or human
					 skeletal remains which are to be preserved in place.
"Presiding officer" means the chairperson of the board of
					 land and natural resources.
"Previously identified" means burial sites containing
					 human skeletal remains and any burial goods identified during archaeological
					 inventory survey and data recovery of possible burial sites, or known through
					 oral or written testimony.
"Proceeding" means the department's consideration of the
					 relevant facts and applicable law, and action thereupon with respect to a
					 particular subject within the department's jurisdiction, initiated by a filing,
					 submittal, request, application, or petition and shall include but not be
					 limited to:
(1) The adoption, amendment, or repeal of any rule of the
					 department, whether initiated by order, notice or by petition of an interested
					 person; or
(2) The administrative adjudication by the appeals panel of
					 an appeal of a council determination as a contested case.
"Public hearing" means a hearing required by law in which
					 members of the public may comment upon a proposed rule, application, or
					 request.
"Reburial agreement" means an agreement, recorded with the
					 bureau of conveyances, between the State and the landowner which involves
					 reburial of human skeletal remains and any burial goods, and establishes the
					 reburial site as a preservation easement in perpetuity.
"Reburial site" means any specific location where
					 prehistoric or historic human skeletal remains and any burial goods removed
					 from one or more sites are reburied, including any associated surface and
					 subsurface features.
"Regular business hours" means from 7:45 a.m. to 4:30 p.m.
					 of each day of the week except Saturday, Sunday, and holidays.
"Relocation" means the careful disinterment or collection
					 of human skeletal remains and any burial goods utilizing procedures which are
					 least intrusive and destructive to the human skeletal remains and any burial
					 goods, in accordance with a department approved archaeological data recovery
					 plan when applicable, and the reburial of the human skeletal remains and any
					 burial goods, except where known lineal descendants decide otherwise.
"Review board" means the Hawai'i historic places review
					 board.
"Sensitive" means a finding by the council or the review
					 board that a department record involving location and description of historic
					 sites including burial sites or involving human skeletal remains originating
					 from a burial site is culturally inappropriate for public disclosure and exempt
					 from the requirements of section
					 92F-12,
					 HRS.
"Unmarked location" means with regard to a human burial,
					 any site located outside the boundaries of a known, maintained, actively used
					 cemetery dedicated in accordance with chapter
					 441, HRS.