CHAPTER 6E

HISTORIC PRESERVATION

 

Part I. Historic Preservation Program

Section

6E-1 Declaration of intent

6E-2 Definitions

6E-3 Historic preservation program

6E-3.5 Consultation

6E-4 Administration

6E-5 State historic preservation officer

6E-5.5 The Hawaii historic places review board; creation;

powers; appointments; composition

6E-6 Depositories for certain specimens and objects

6E-7 State title to historic property

6E-8 Review of effect of proposed state projects

6E-9 Investigation, recording, preservation, and salvage;

appropriations

6E-10 Privately owned historic property

6E-10.5 Enforcement

6E-11 Civil and administrative violations

6E-11.5 Civil penalties

6E-11.6 Administrative penalties

6E-12 Reproductions, forgeries, and illegal sales

6E-13 Injunctive relief

6E-14 Preservation activities by political subdivisions

6E-15 Regulations, special conditions or restrictions

6E-16 Hawaii historic preservation special fund

6E-17 Archaeological data survey database

 

Part II. Monuments and Memorials

6E-31 Monuments; reservation of land; relinquishment of

private claims

6E-32 Diamond Head State Monument

6E-32.5 Mount Olomana state monument

6E-33 Repealed

6E-34 Capitol site

6E-34.5 State capitol; state capitol management committee;

established; oversight and management; powers and

duties

6E-35 Iolani Palace

6E-36 Sand Island

6E-37 National statuary hall; Father Damien

6E-38 National statuary hall; King Kamehameha I

6E-38.5 Kohala Historical Sites State Monument

6E-39 Jurisdiction over World War II memorial

6E-40 Bernice Pauahi Bishop Museum

6E-41 Cemeteries; removal or redesignation

6E-42 Review of proposed projects

6E-42.2 Excluded activities for privately-owned

single-family detached dwelling units and townhouses

6E-43 Prehistoric and historic burial sites

6E-43.5 Island burial councils; creation; appointment;

composition; duties

6E-43.6 Inadvertent discovery of burial sites

6E-44 Veterans memorial commission

6E-45 Korean and Vietnam memorial

6E-46 Hawaii Sports Hall of Fame

6E-47 Pearl Harbor historic trail

 

Part III. Pacific War Memorial System

6E-51 Department of land and natural resources; powers

6E-52 Transfer of lands

 

Part IV. Miscellaneous Provisions

6E-61 Biological survey; designation

 

Part V. Criminal Offenses

6E-71 Taking, appropriation, excavation, injury,

destruction, or alteration of historic property

or aviation artifact; penalty

6E-72 Taking, appropriation, excavation, injury,

destruction, or alteration of a burial site; penalty

6E-73 Failure to stop work upon discovery of a burial site;

penalty

6E-74 Criminal penalties not in lieu of civil or

administrative penalties

6E-75 Part not applicable to family burial plots

 

Part VI. South Kona Wilderness Area

6E-81 South Kona wilderness area; establishment

6E-82 Lands included

6E-83 Government-owned land; construction prohibited

 

Note

 

Department of transportation's bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of this chapter through June 30, 2022 or until completion. L 2012, c 218; L 2017, c 48.

Survey to identify potential historic districts and single-family residences for listing on Hawaii register of historic places; report to 2018 legislature. L 2015, c 89, 1.

 

Cross References

 

Allowance of indigenous Hawaiian architecture by county ordinances, see 46-1.55.

Kaho`olawe island reserve, see chapter 6K.

Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.

`Ulu`ulu: The Henry Ku`ualoha Giugni moving image archive of Hawai`i, see 304A-1864.

 

Law Journals and Reviews

 

Ensuring Our Future by Protecting Our Past: An Indigenous Reconciliation Approach to Improving Native Hawaiian Burial Protection. 33 UH L. Rev. 321 (2010).

Ke Ala Pono--The Path of Justice: The Moon Court's Native Hawaiian Rights Decisions. 33 UH L. Rev. 447 (2011).

Unwinding Non-Native Control Over Native America's Past: A Statistical Analysis of the Decisions to Return Native American Human Remains and Funerary Objects under the Native American Graves Protection and Repatriation Act, 1992-2013. 38 UH L. Rev. 337 (2016).

 

Case Notes

 

As the protections provided by this chapter to human skeletal remains and burial sites do not turn on religious distinctions, plaintiff's interest in protecting family members' unmarked burials and native Hawaiian burials were not extinguished by the burials being "Christian burials"; plaintiff thus had standing on plaintiff's claims under this chapter. 128 H. 455 (App.), 290 P.3d 525 (2012).

Where plaintiff asserted that: (1) plaintiff had family members buried on the church grounds; (2) plaintiff was a native Hawaiian and a recognized cultural descendant of the iwi found on the church grounds; (3) plaintiff had a traditional and customary practice of caring for iwi; (4) plaintiff was concerned that family members may be buried in unmarked burials on the church grounds; and (5) the disturbance of unmarked burials of family members or other cultural ancestors would cause plaintiff injury and harm, plaintiff had standing to raise claims under this chapter. 128 H. 455 (App.), 290 P.3d 525 (2012).

 

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