2018 Hawaii Revised Statutes
TITLE 1. GENERAL PROVISIONS
6E. Historic Preservation
- 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.
- 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- 6E-33 REPEALED.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.
- 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.
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).
