Part I. Historic Preservation Program
6E-1 Declaration of intent
6E-3 Historic preservation program
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;
6E-10 Privately owned historic property
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
6E-32 Diamond Head State Monument
6E-32.5 Mount Olomana state monument
6E-34 Capitol site
6E-34.5 State capitol; state capitol management committee;
established; oversight and management; powers and
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;
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;
6E-74 Criminal penalties not in lieu of civil or
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
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.
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).
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).