Bill Text: HI HB715 | 2011 | Regular Session | Introduced
Bill Title: Historic Preservation; Burials; Survey Map
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-24 - (H) Referred to WLO, FIN, referral sheet 1 [HB715 Detail]
Download: Hawaii-2011-HB715-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
715 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to historic preservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 6E-43, Hawaii Revised Statutes, is amended to read as follows:
"§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] that
shall include recognition that burial sites of high preservation value, [such
as] including 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] including 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.
(f) Within ninety days of the approval of a preservation or mitigation plan, a survey map setting forth the preservation or mitigation plan shall be prepared and filed by the state land surveyor with the bureau of conveyance in the manner prescribed and pursuant to section 502-17."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Historic Preservation; Burials; Survey Map
Description:
Requires state land surveyor to prepare and file with bureau of conveyances a survey map of an approved burial preservation or mitigation plan.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
