Haw. Code R. § 13-300-36 - Criteria for evaluating request to preserve or relocate Native Hawaiian burial sites
(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.
(b) When determining whether to preserve in
place or relocate Native Hawaiian burial sites, the councils and the department
where appropriate, 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 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
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