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2024 Hawaii Revised Statutes
Title 1. General Provisions
6E. Historic Preservation
PART I. HISTORIC PRESERVATION PROGRAM
- 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-18 President Barack Obama historical markers.
- 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- 6E-33 REPEALED.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- 6E-34.5 REPEALED.
- 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. (a) There shall be a Kohala Historical Sites State Monument as an historical site on the island of Hawaii that shall include a cluster of historical sites, including the Mo €˜okini Heiau, the Kamehameha birthsite, the Kukuipahu Heiau, and, upon acquisition by the State, the Mahukona historical sites. The monument shall be administered by the department of land and natural resources and shall consist of lands essential to the unimpaired preservation of the visual, cultural, and historical aspects of the Mo €˜okini Luakini, Kamehameha birthsite, Kukuipahu Heiau, and Mahukona historical sites. The monument shall be for educational and cultural purposes and there shall be public access for enjoyment of the sites that are included within the monument. The real property to be included within the monument shall include: (1) Mo €˜okini Luakini, Kamehameha birthsite, and Kukuipahu Heiau owned by the State; (2) Historical sites at Mahukona; and (3) Sufficient additional land surrounding all of the monument sites to preserve and protect them with adequate buffers and provide public access, including but not limited to those lands running along the coast between Huinamaka and Kalaelimukoko and those lands mauka of the Mo €˜okini Heiau encompassing the area formerly used for the housing of the Mo €˜okini priests and family gravesites, to be acquired by the State through gifts or land exchanges and to be designated by the board of land and natural resources as part of the monument upon acquisition. (b) Prior to any alterations or improvements, not including routine maintenance to the monument, including the Mo €˜okini Heiau, the department of land and natural resources shall consult with the kahuna nui of the Mo €˜okini Heiau regarding the proposed alterations or improvements. (c) Prior to any additional organized profit-making venture involving the monument, including the Mo €˜okini Heiau, the entity proposi
- 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. (a) In the event human skeletal remains are inadvertently discovered, any activity in the immediate area that could damage the remains or the potential historic site shall cease until the requirements of subsections (b) to (d) have been met. (b) The discovery shall be reported as soon as possible to the department, the appropriate medical examiner or coroner, and the appropriate police department. As soon as practicable, the department shall notify the appropriate council and the office of Hawaiian affairs. (c) After notification of the discovery of multiple skeletons, the following shall be done within two working days, if on Oahu, and three working days, if in other council jurisdictions: (1) A representative of the medical examiner or coroner's office and a qualified archaeologist shall examine the remains to determine jurisdiction. If the remains are the responsibility of the medical examiner or coroner, the department's involvement shall end. If the remains are historic or prehistoric burials, then the remainder of this section shall apply; (2) The department shall gather sufficient information, including oral tradition, to document the nature of the burial context and determine appropriate treatment of the remains. Members of the appropriate council shall be allowed to oversee the on-site examination and, if warranted, removal; and (3) If removal of the remains is warranted, based on criteria 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, the removal of the remains shall be overseen by a qualified archaeologist and a mitigation plan shall be prepared by the department or with the concurrence of the department. (d) In cases involving the discovery of a single skeleton, the requirements of subsection (c) shall be fulfil
- 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.
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