§6E-43.6  Inadvertent discovery of
burial sites.  (a)  In the event human skeletal remains are inadvertently
discovered, any activity in the immediate area that could damage the remains or
the potential historic site shall cease until the requirements of subsections
(b) to (d) have been met.



(b)  The discovery shall be reported as soon as
possible to the department, the appropriate medical examiner or coroner, and
the appropriate police department.  As soon as practicable, the department
shall notify the appropriate council and the office of Hawaiian affairs.



(c)  After notification of the discovery of
multiple skeletons, the following shall be done within two working days, if on
Oahu, and three working days, if in other council jurisdictions:



(1)  A representative of the medical examiner or
coroner's office and a qualified archaeologist shall examine the remains to
determine jurisdiction.  If the remains are the responsibility of the medical
examiner or coroner, the department's involvement shall end.  If the remains
are historic or prehistoric burials, then the remainder of this section shall
apply;



(2)  The department shall gather sufficient
information, including oral tradition, to document the nature of the burial
context and determine appropriate treatment of the remains.  Members of the
appropriate council shall be allowed to oversee the on-site examination and, if
warranted, removal; and



(3)  If removal of the remains is warranted, based on
criteria developed by 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, through rules adopted pursuant to chapter 91, the removal
of the remains shall be overseen by a qualified archaeologist and a mitigation
plan shall be prepared by the department or with the concurrence of the
department.



(d)  In cases involving the discovery of a
single skeleton, the requirements of subsection (c) shall be fulfilled in one
working day if on Oahu, and two working days if in other council jurisdictions.



(e)  The mitigation plan developed by or with
the concurrence of the department pursuant to subsection (c)(3) shall be
carried out in accordance with the following:



(1)  In discoveries related to development where land
alteration project activities exist, the landowner, permittee, or developer
shall be responsible for the execution of the mitigation plan including
relocation of remains.  Justifiable delays resulting from the discovery of
burials shall not count against any contractor's completion date agreement;



(2)  Project activities shall resume once necessary
archaeological excavations provided in the mitigation plan have been completed;



(3)  In nonproject contexts, the department shall be
responsible for the execution of the mitigation plan and the relocation of
remains; and



(4)  The department shall verify the successful
execution of the mitigation plan.



(f)  In cases where remains are archaeologically
removed, the department shall determine the place of relocation, after
consultation with the appropriate council, affected property owners,
representatives of the relevant ethnic group, and any identified lineal
descendants, as appropriate.  Relocation shall conform with requirements
imposed by the department of health, and may be accompanied by traditional
ceremonies, as determined by the lineal descendants, or, if no lineal
descendants are identified, the appropriate council or representatives of the
relevant ethnic group that the department deems appropriate.  Specific or
special reinterment requests from lineal or cultural descendants may be
accommodated provided that the additional expenses incurred are paid by the
affected descendants.



(g)  If human skeletal remains are discovered
in the course of land development or land alteration activities to which
section 6E-42 applies, and for which the required approval was not obtained,
all activity in the immediate area that could damage the remains or the
potential historic site shall cease, and treatment of the remains shall be
allowed only in compliance with section 6E-43. [L 1990, c 306, pt of §3; am L
2003, c 104, §5]