§6E-43.5  Island burial councils; creation;
appointment; composition; duties.  (a)  The department shall establish
island burial councils for Hawaii, Maui/Lanai, Molokai, Oahu, and Kauai/Niihau,
to implement section 6E-43.



(b)  Appointment of members to the councils
shall be made by the governor, in accordance with section 26-34, from a list
provided by the department, provided that a minimum of twenty per cent of the
regional representatives shall be appointed from a list of at least nine
candidates provided by the office of Hawaiian affairs.  The department shall
develop the list in consultation with appropriate Hawaiian organizations, such
as Hui Malama I Na Kupuna O Hawai‘i Nei.  The membership of each council shall
include at least one representative from each geographic region of the island
as well as representatives of development and large property owner interests. 
Regional representatives shall be selected from the Hawaiian community on the
basis of their understanding of the culture, history, burial beliefs, customs,
and practices of native Hawaiians.  The councils shall have a minimum of nine
and a maximum of fifteen members, and have a ratio of not more than three to
one and no less than two to one in favor of regional representatives.



(c)  The department, in consultation with the
councils, office of Hawaiian affairs, representatives of development and large
property owner interests, and appropriate Hawaiian organizations, such as Hui
Malama I Na Kupuna O Hawai‘i Nei, shall adopt rules pursuant to chapter 91
necessary to carry out the purposes of this section.  The council members shall
serve without compensation, but shall be reimbursed for necessary expenses
incurred during the performance of their duties.  The councils shall be a part
of the department for administrative purposes.



(d)  The councils shall hold meetings and
acquire information as they deem necessary and shall communicate their findings
and recommendations to the department.  Notwithstanding section 92-3, whenever
the location and description of burial sites are under consideration, the
councils may hold closed meetings.  Concurrence of a majority of the members
present at a meeting shall be necessary to make any action of a council valid.



(e)  Department records relating to the location
and description of historic sites, including burial sites, if deemed sensitive
by a council or the Hawaii historic places review board, shall be confidential.



(f)  The councils shall:



(1)  Determine the preservation or relocation of
previously identified native Hawaiian burial sites;



(2)  Assist the department in the inventory and
identification of native Hawaiian burial sites;



(3)  Make recommendations regarding appropriate
management, treatment, and protection of native Hawaiian burial sites, and on
any other matters relating to native Hawaiian burial sites;



(4)  Elect a chairperson for a four-year term who
shall serve for not more than two consecutive terms; and



(5)  Maintain a list of appropriate Hawaiian
organizations, agencies, and offices to notify regarding the discovery of
remains. [L 1990, c 306, pt of §3; am L 2000, c 6, §1]