Haw. Code R. § 13-300-3 - Jurisdiction
(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.
(d) The State historic preservation division
shall implement the appropriate provisions of chapter
6E, HRS, and this chapter, on behalf
of the department.
(e) To the
extent possible, this chapter may coordinate with any and all appropriate
federal statutes and regulations including but not limited to the applicable
provisions of the Native American Graves Protection and Repatriation Act (
25
U.S.C. §3001 ).
(f) The department is statutorily exempt from
section
338-25.5(b),
HRS, with regard to obtaining a permit from the department of health prior to
exposure, removal, disinterment, reburial, or any other act related to human
skeletal remains within the department's jurisdiction.
Notes
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