§6E-43  Prehistoric and historic burial
sites.  (a)  At any site, other than a known, maintained, actively used
cemetery where human skeletal remains are discovered or are known to be buried
and appear to be over fifty years old, the remains and their associated burial
goods shall not be moved without the department's approval.



(b)  All burial sites are significant and shall
be preserved in place until compliance with this section is met, except as
provided in section 6E-43.6.  The appropriate island burial council shall
determine whether preservation in place or relocation of previously identified
native Hawaiian burial sites is warranted, following criteria which shall
include recognition that burial sites of high preservation value, such as areas
with a concentration of skeletal remains, or prehistoric or historic burials
associated with important individuals and events, or areas that are within a
context of historic properties, or have known lineal descendants, shall receive
greater consideration for preservation in place.  The criteria shall be
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.  A
council's determination shall be rendered within forty-five days of referral by
the department unless otherwise extended by agreement between the landowner and
the department.



(c)  Council determinations may be
administratively appealed to a panel composed of three council chairpersons and
three members from the board of land and natural resources as a contested case
pursuant to chapter 91.  In addition to the six members, the chairperson of the
board of land and natural resources shall preside over the contested case and
vote only in the event of a tie.



(d)  Within ninety days following the final
determination, a preservation or mitigation plan shall be approved by the
department in consultation with any lineal descendants, the respective council,
other appropriate Hawaiian organizations, and any affected property owner.



(e)  Should the burial site prove to be other
than Hawaiian, the department, within thirty days shall determine whether
preservation in place or relocation is warranted, and within an additional
ninety days a preservation or mitigation plan shall be approved by the
department in consultation with any lineal descendants, appropriate ethnic
organizations, and any affected property owner. [L 1988, c 265, pt of §1; am L
1990, c 306, §13; am L 1992, c 113, §4]