Hawaii Annotations
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Protection of Burials
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Acts Prohibited by Law and Subject to Criminal Sanctions
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What is the criminal liability for unlawfully excavating human remains or archaeological resources?
Taking, appropriation, excavation, injury, destruction, or alteration of a burial site is unlawful. A person who knowingly commits the above listed actions on private land or land owned or controlled by the State has violated this law. It also is a violation when a person developing land or altering land without prior approval commits the above listed actions. This offense is a misdemeanor with a possible penalty not to exceed $25,000. Other penalties also may be imposed. Each day a violation occurs, even if it involves the same property, is considered a new and separate offense.
It is unlawful if a person knowingly excavates any historic property or aviation artifact on private property without prior written permission from the owner. It is unlawful if a person knowingly excavates any historic property or aviation artifact on land owned or controlled by the State (however, the State may allow exceptions to permit excavation on its lands). This is a misdemeanor with a possible penalty not to exceed $25,000. Other penalties also may be imposed. Each day a violation of this Code occurs, even if it involves the same property, is considered a new and separate offense.
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What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
It is unlawful to sell or trade prehistoric or historic human skeletal remains or associated burial goods. It is unlawful to remove human skeletal remains or associated burial goods from the State's jurisdiction without a permit. It is unlawful to remove aviation artifacts held by State lands or agencies from the State's jurisdiction without a permit. Human remains made into artifacts prehistorically are exempted. There is a maximum $10,000 penalty for committing this offense. Each object or part of the item prohibited under this law is considered a new and separate offense subject to penalty.
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What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Taking, appropriation, excavation, injury, destruction, or alteration of a burial site is unlawful. A person who knowingly commits the above listed actions on private land or land owned or controlled by the State has violated this law. It is also a violation when a person developing land or altering land without prior approval commits the above listed actions. This offense is a misdemeanor with a possible penalty not to exceed $25,000. Other penalties also may be imposed. Each day a violation occurs, even if it involves the same property, is considered a new and separate offense.
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What is the criminal liability for unlawfully disturbing human remains and funerary objects?
Taking, appropriation, excavation, injury, destruction, or alteration of a burial site is unlawful. A person who knowingly commits the above listed actions on private land or land owned or controlled by the State has violated this law. It is also a violation when a person developing land or altering land without prior approval commits the above listed actions. This offense is a misdemeanor with a possible penalty not to exceed $25,000. Other penalties also may be imposed. Each day a violation occurs, even if it involves the same property, is considered a new and separate offense.
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What is the criminal liability for defacing or destroying historical or archaeological sites?
Desecration is intentionally defacing, damaging, polluting or otherwise mistreating an object in a way the offender knows will produce public outrage because the object is sacred or revered. Objects that are considered sacred or revered under this law include any public monument or structure, place of worship or burial, or the national flag or other object that is held in similar regard. Desecration is a criminal violation with a possible maximum sentence of one year imprisonment. Additional monetary penalties not to exceed $10,000 also may be imposed.
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What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?
Reproducing, retouching, reworking, or forging any historic object and then offering it for trade or sale as the genuine item is unlawful. This also applies to historic objects knowingly collected or excavated in violation of the law. It is unlawful to remove human skeletal remains or associated burial goods from the State's jurisdiction without a permit. It is unlawful to remove aviation artifacts held by State lands or agencies from the State's jurisdiction without a permit. Human remains made into artifacts prehistorically are exempted. There is a maximum $10,000 penalty for committing this offense. Each object or part of the item prohibited under this law is considered a new and separate offense subject to penalty.
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What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?
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What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
We are unable to locate material relevant to this question at this time. For general information, see §6E-72.
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What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
It is unlawful to alter caves and cave surfaces without the owner's prior written permission. Any person who intentionally, knowingly, or recklessly breaks, breaks off, cracks, carves upon, writes, burns, or otherwise marks upon, removes, or in any manner destroys, disturbs, defaces, mars, or harms the surface of any cave or cave resource inside the cave has committed this offense. This includes anything attached or broken off from the cave, including speleothems, speleogens, and sedimentary deposits. It is unlawful to break, force, tamper with, or otherwise disturb a gate to any cave without the owner's prior written permission. It is unlawful to remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this chapter. It is unlawful to take, appropriate, excavate, injure, destroy, or alter any paleontological deposit in a cave without the owner's prior written permission. Accidental encounters with caves that occur during the normal course of a construction activity are exempt from this section, as long as proper permits and environmental protections are followed.
Altering caves and cave surfaces is a petty misdemeanor subject to a fine of not less than $1,000 for the first offense and $1,500 for any subsequent offense. These criminal penalties also apply to cave resources. Each day a violation occurs, even if it involves the same property, is considered a new and separate offense. Equipment used to commit the offense may be taken by the State without compensation. Other penalties also may be imposed.
No person may enter or traverse a cave without the owner's written permission.
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What specific laws restrict the alienation or use of historic burial places?
We are unable to locate material relevant to this question at this time.
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What is the criminal liability for removing or damaging headstones?
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What are the general state criminal laws for abuse of corpse?
A person who treats a human corpse in a way that the person knows would outrage ordinary family sensibilities has committed abuse of a corpse. This offense is a misdemeanor.
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What other general state criminal laws affect human remains and burial places?
Taking, appropriation, excavation, injury, destruction, or alteration of a burial site is unlawful. A person who knowingly commits the above listed actions on private land or land owned or controlled by the State has violated this law. It is also a violation when a person developing land or altering land without prior approval commits the above listed actions. This offense is a misdemeanor with a possible penalty not to exceed $25,000. Other penalties also may be imposed. Each day a violation occurs, even if it involves the same property, is considered a new and separate offense.
Failure to stop work upon discovery of a burial site is unlawful. If a person discovers a burial site and knowingly does not stop work or report the discovery to the proper authorities it is a violation. Accidental discovery of a burial site is NOT a defense. This offense is a misdemeanor with a possible penalty not to exceed $25,000. Other penalties also may be imposed. Each day a violation occurs, even if it involves the same property, is considered a new and separate offense.
Regardless of the criminal penalties, civil or administrative penalties may still apply.
§6E offenses do not apply to family burial plots under §441-5.5.
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What are the general state criminal laws for theft?
A person who takes or controls property without permission and with intent to deprive another of that property has committed theft. This applies when a person takes or controls property through deceptive means and with intent to deprive another of that property, or when a person takes or controls property through appropriation and with intent to deprive another of that property. Appropriation occurs when a person takes or controls property that has been lost, misplaced, or mistakenly delivered and that person knows the property has been lost, misplace, or mistakenly delivered but fails to take reasonable measures to learn the identity of and notify the rightful owner. Theft also includes intentionally taking services known to be available only through payment when the services were taken by deception, false token or other means to avoid payment. In a situation where payment is normally made immediately after receiving the service, failure to pay or offer to pay is prima facie evidence of deception. Furthermore, a person who intentionally diverts services to which he/she is not entitled to his/her own benefit has committed theft.
First degree theft is the theft of property or services above $20,000, theft of a firearm, or theft of dynamite or another explosive. This is a Class B felony.
Second degree theft is the theft of property from another's person, theft of property or services above $300, theft of an aquaculture product or part from premises designed to keep others out or clearly marked as private property, or theft of agricultural equipment, supplies, or products, or their parts valued between $100 and $20,000 from premises designed to keep other out or clearly marked as private property (possession of the aforementioned without proper ownership paperwork is evidence that the property is stolen). This is a Class C felony.
Third degree theft is the theft of property or services above $100, theft of gasoline, fuel or other related petroleum products equal to or less than $200. This is a misdemeanor.
Fourth degree theft is the theft of property or services equal to or less than $100. This is a petty misdemeanor.
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What are the general state criminal laws for receiving stolen property?
Intentionally receiving, keeping, or disposing of property known to be stolen with intent to deprive the owner of the property is theft. It is sufficient to constitute receipt of stolen property if a person acquires property far below its reasonable value but knows the true value because he/she is a dealer of similar property.
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What are the general state criminal laws for unlawful trespass?
A person commits simple trespass if he/she knowingly enters or remains unlawfully in or upon premises.
Entering premises by way of well-defined roadways, pathways, or trails leading to public beaches over government lands is a defense to criminal trespass.
A person commits criminal trespass in the second degree if he/she knowingly enters or remains unlawfully in or on premises designed to keep people out. A person who enters or remains unlawfully in or on commercial premises after being reasonably warned by the owner, lessee, authorized agent, or police officer to leave has committed criminal trespass in the second degree. This does not apply to activity under the National Labor Relations Act. A person who enters or remains on agricultural lands without permission from the owner, authorized agent, or other lawful possessor has committed criminal trespass in the second degree. Other considerations for this offense are: fencing or other methods of keeping people out; signs indicating private property; or whether the property is visibly being cultivated or harvested. This is a petty misdemeanor.
A person commits criminal trespass onto public parks and recreational grounds if he/she remains unlawfully on the property after a law enforcement officer requests he/she leave if the person has violated a sign, notice, or permit for the property.
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What are the general state criminal laws for mischief?
Laws formerly referred to as "criminal mischief" have been combined under the general laws for criminal property damage. See commentary here.
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What are the general state criminal laws for damage to property?
Criminal property damage in the first degree occurs when a person intentionally or knowingly damages property and recklessly puts another person in danger of death or bodily injury, or when a person intentionally or knowingly damages property without consent exceeding $20,000. This is a Class B felony.
Criminal property damage in the second degree occurs when a person intentionally or knowingly damages the property of another without consent and uses widely dangerous means, or when a person intentionally or knowingly damages the property of another without consent exceeding $1,500. This is a Class C felony.
Criminal property damage in the third degree occurs when a person recklessly damages the property of another without consent and uses widely dangerous means, or when a person intentionally damages the property of another without consent in excess of $500. This is a misdemeanor.
Criminal property damage in the fourth degree occurs when a person intentionally damages the property of another without consent. This is a petty misdemeanor.
Aggravated criminal property damage occurs when a person intentionally damages the property of another without consent and has been convicted two or more times of third or fourth degree criminal property damage in the past five years.
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What are the general state criminal laws for hate crimes?
A person convicted of a felony may be subject to an extended term of imprisonment if the offense was committed against another person or property because of actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation.
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Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
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How is the excavation of historical and archaeological resources restricted in this state?
Taking, appropriation, excavation, injury, destruction, or alteration of historic property, burial site, or aviation artifact is unlawful on both private and public lands without written permission. It also is unlawful to violate the terms of a mitigation plan, including the timely re-interment of human remains. Taking, appropriation, excavation, injury, destruction, or alteration of historic property or burial site during land development or alteration requires approval. See §6E-42. It is a violation not to report discovery of a burial site and stop all work that may interfere with the site. See §6E-43.6.
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How is the collection or removal of historical and archaeological resources restricted in this state?
Taking, appropriation, excavation, injury, destruction, or alteration of historic property, burial site, or aviation artifact is unlawful on both private and public lands without written permission. It also is unlawful to violate the terms of a mitigation plan, including the timely re-interment of human remains. Taking, appropriation, excavation, injury, destruction, or alteration of historic property or burial site during land development or alteration requires approval. See §6E-42. It is a violation not to report discovery of a burial site and stop all work that may interfere with the site. See §6E-43.6.
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What specific laws restrict the alienation or use of historic burial places?
We are unable to locate material relevant to this question at this time.
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Time Limits for Bringing Criminal Action
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A criminal action for a Class A felony must be brought within 6 years after the offense was committed. Any felony under the classification of theft must be brought within 5 years. For all other felonies, a criminal action must be brought within 3 years. Misdemeanor criminal actions must be brought within 2 years, and petty misdemeanor criminal actions within 1 year.
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Time Limits for Bringing Civil Action
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Civil actions for monetary damages for damage or injury to persons or property must be brought within two years after the offense was committed.
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Laws Affecting Public Lands
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What criminal laws affect protection of burials on public lands?
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What civil laws affect protection of burials on public lands?
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What administrative laws affect protection of burials on public lands?
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Laws Affecting Private Lands
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What criminal laws affect protection of burials on private lands?
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What civil laws affect protection of burials on private lands?
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What administrative laws affect protection of burials on private lands?
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Sanctions
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Criminal
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What are the general criminal fines and penalties for misdemeanors and felonies in the state?
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What are the class designations for misdemeanors and felonies in the state?
Crimes are divided into three categories: felonies, misdemeanors, and petty misdemeanors. Felonies include murder, attempted murder, and classes A, B, and C. A felony is defined as a crime that can result in a sentence of imprisonment greater than one year. This category also includes those crimes specifically designated as felonies in other sections of the State code. A misdemeanor is defined as a crime that can result in a maximum sentence of imprisonment of one year. This category also includes those crimes specifically designated as misdemeanors in other sections of the State code or other relevant statutes. A petty misdemeanor is defined as a crime that can result in a sentence of imprisonment not to exceed thirty days. This category also includes those crimes specifically designated as petty misdemeanors by other sections of the State code or other relevant statutes. Certain offenses contained within the State code or other State statutes may be violations that result in conviction but are not considered crimes. These violations are designated by the State code or other sources of law. Offenses that only result in a penalty of fine, forfeiture, or other civil penalty also are not considered crimes. Criminal offenses not otherwise designated to a particular category are considered misdemeanors.
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Civil or Administrative
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Any person who has violated the historic preservation laws under Chapter 6 may be fined a minimum of $500 up to a maximum of $10,000 for each offense. Different penalties under §6E-11 may apply. Each day a violation occurs, even if it involves the same property, is considered a new and separate offense.
Any person who violates this section of the law may be fined a maximum of $10,000 for each offense. If the person's actions resulted in damage to or loss of a historic property or a burial site, the person may be required to pay the value of the damaged property. Any equipment used in committing the offense may be taken by the State without compensation. Each day a violation occurs, even if it involves the same property, is considered a new and separate offense.
The State attorney-general may bring an action in court seeking a restraining order or injunction against activities that violate historic preservation laws. A private citizen also may seek a restraining order or injunction against the State or another private party for protection of historic property or a burial site. However, that private citizen must show an irreparable injury resulting from the unlawful activities.
The board of land and natural resources provides notice to any person who violates historic preservation laws under Chapter 6E. The notice may include reasonable demands to stop the unlawful activity, penalties under 6E-11.6, or an order to appear before the board for a hearing. If a person continues to violate the law after receiving notice, the board will order the person to provide written proof of when the offending activity will stop within 30 days. The board will impose penalties for failure to provide written proof. Offenders may request a hearing before the board within 20 days of receiving notice of the violation. After a hearing, the board may impose penalties and require other proof of compliance with the law. Penalties not paid within 30 days after it is due, a civil action may be brought by the department of land and natural resources to recover the money.
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The board of land and natural resources is authorized to impose administrative fines for violations of Chapter 6D and to collect those fines through legal action. A first violation has a maximum fine of $10,000. A second violation within 5 years of the first violation has a maximum fine of $15,000. Any subsequent violations within 5 years of the previous violation have a maximum fine of $30,000.
Any criminal action under Chapter 6D does not prevent the State from imposing additional civil and/or administrative penalties, and vice versa. Penalties from Chapter 6E of the historic preservation laws also may apply.
The board of land and natural resources is authorized to impose the civil penalties from §6E-11 in addition to administrative penalties. Administrative penalties are imposed under guidelines that consider the nature of the offense, prior violations, the difficulty of correcting the violation, any benefit to the offender, and any good faith efforts made to correct the violation. The board may consider the financial status of the offender, but is only required to show that the offender received notice, was given an opportunity for a hearing, and has failed to pay the fine.
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Preservation of Burials and Compliance Therewith
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Laws Related to Preservation of Burials
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Civil actions for monetary damages for damage or injury to persons or property must be brought within two years after the offense was committed.
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How are future interests in property involving burials subject to the rule against perpetuities?
Any property dedicated to cemetery use does not violate the rule against perpetuities.
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How can the state exercise eminent domain over a cemetery or historic property?
The State may take (or condemn) private property for public use. It also may take property in excess of the property needed for public use. This occurs when small, unusable parcels would be left outside the property taken, or when taking of excess property serves the integrity of the public use. The State has the authority to sell or lease at public auction excess property as long as the sale or lease conforms to the public use project. In cases where the excess parcel does not conform with zoning requirements for minimum lot size, cannot be put to reasonable use, or does not have access to a street, the State may offer the excess property to landowners bordering the condemned property for a reasonable price. If more than one landowner whose property borders the condemned property wishes to buy the excess, the property will go to the person submitting the highest offer above the appraised value of the excess property. The excess property also can be divided into smaller parcels so each interested landowner may purchase a piece. Money received from sale or lease of excess property is put back into the fund from which the money was taken for the original condemnation.
The State must follow certain steps when entering private property that it is acquiring as a result of a voluntary agreement or by condemnation of the property: the agreement must be in writing; the written agreement must be promptly filed in the bureau of conveyances; and the State must fulfill its end of the agreement, including paying all compensation, within two years of the date on which the written agreement was filed. If the State fails to meet its obligations, it owes the property owner the amount due plus 6% interest per year on that amount. The property owner also may sue the State to receive the money.
Public utilities and those operating transportation systems of people or freight by rail, bus, or other means have the right of eminent domain. This also applies to telephone, electricity, power, water, gas, and oil. This right must be exercised in accordance with the law.
A fee simple estate or any lesser estate may be taken for public use.
All real estate, including any structures or improvements, franchises, appurtenances, water, water rights, and easements may be taken.
Private property may be taken for a number of specific reasons, including construction of cemeteries and other public works. For a complete list, see §46-61.
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How are conservation and preservation easements created in this state?
State authorities empowered to enact planning and zoning laws and regulations also may enact special regulations that protect historic property and burial sites, including easements and reasonable control over nearby private property.
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How does the state create authorized rights-of-way through cemetery property?
We are unable to locate material relevant to this question at this time.
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To what extent are burial grounds and cemeteries open to the public in this state?
We are unable to locate material relevant to this question at this time.
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How are the transfer of cemetery lots and the disposition of cemetery land regulated?
Sale of cemetery lots is not subject to any laws related to securities.
Once land has been dedicated to use as a cemetery, that dedication and the title to the land is not affected by a change in circumstances regarding the property, such as foreclosure or dissolution of the cemetery authority in charge of the cemetery.
Plots within a cemetery may only be offered for sale after the land has been dedicated to cemetery use and is free of all encumbrances.
Only the circuit court for the jurisdiction in which a cemetery is located may remove the dedication of that land for cemetery purposes. The party requesting that the land no longer be used as a cemetery must prove that no human remains were/will be interred on the land or that all human remains that were interred on the land have been relocated.
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How will the state regulate or sell unsuitable or condemned cemetery property?
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What is the procedure for abandoning burial grounds or cemetery lots?
A cemetery owned by the State that no longer contains remains and has been abandoned may be given to the county in which the cemetery is located to be used as a public park. If the county refuses, the cemetery property is transferred to the department of land and natural resources for disposal.
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What is the procedure for removing or replacing headstones?
We are unable to locate material relevant to this question at this time.
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How will the state preserve historical or archaeological resources threatened by public construction or public works?
All public projects that may affect historic resources or burial places are subject to review. The project cannot begin or must be stopped until the reviewing department has given written consent. Written consent, or refusal, must be given within 90 days of a request for approval. Appeals may be made to the Hawaii historic places review board. If the decision of the historic places review board is unsatisfactory, further appeal may be made to the governor. The department of Hawaiian home lands must consult with the overseer of any project if the project involves lands under that department's control. A report must be made if any historic property is found during any project, and those involved in the project must cooperate during any investigation, recording, preservation, and salvage of the historic property.
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What are the procedures for excavating or removing remains or archaeological resources on public lands?
Any human skeletal remains and burial goods that appear to be over fifty years old must not be moved without the department of land and natural resources' consent. This does not apply to known, maintained, and active cemeteries. All burials must be left alone until the appropriate island burial council determines whether the burials will be preserved in place or relocated. The council will give preference for preservation in place to burials of high preservation value: burials with a high concentration of skeletal remains; burials associated with important individuals or events; burials within historic property; and burials with known lineal descendants. Any other criteria may be created by the department in consultation with the burial councils, office of Hawaiian affairs, developers and property owners, and other appropriate Hawaiian organizations. The burial council's decision shall be given within 45 days unless extended by agreement between the landowner and the department. The burial council's decision may be appealed. Once a final decision has been made, a plan to preserve the burial site or reduce damage must be submitted within 90 days. This plan must be approved by the department, as well as any lineal descendants, the burial council, other appropriate Hawaiian organizations, and any affected property owner. If the burial site is not Hawaiian, the department has 30 days to decide if the burial site should be preserved in place or relocated. If a decision is made to preserve or relocate the burial site, a plan must be submitted within 90 days.
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What are the procedures for excavating or removing remains or archaeological resources on private lands?
A landowner must notify the department of land and natural resources of any construction, alteration, disposition, or improvement that will affect historic property listed on the Hawaii register of historic places. After notification, the department will have an opportunity to review the proposed activity to determine the effect it will have on the historic property. The department has 90 days to issue approval and no activity may occur on the property until the department has done so. Within the 90 days, the department has several options: if the department and the property owner cannot agree on a course of action, the department may begin proceedings to condemn and purchase the historic property; the department may allow the property owner to proceed unimpeded; or the department may work with the property owner to investigate, record, preserve, and salvage any historical information associated with the property. This section does not prevent regular maintenance or repair of historic property as long as the characteristics that make the property historic are not altered. There is a maximum $1,000 fine for anyone who violates this section. Each day of violation is considered a separate punishable offense. The governor may allocate money from the contingency fund to purchase historic property if the funds are not available elsewhere. The department may enter private lands for examination given 5 days written notice to the owner or occupant. If entry is denied, the department may file a complaint with the appropriate district court. The court then may issue a warrant to allow entry onto the property.
Before any project involving approval of a permit, license, certificate, land use change, subdivision, or other entitlement for use that may affect historic property, the department of land and natural resources must be notified and given time to review and comment on the effects of the proposed project. The department will inform the public of any proposed projects if those proposals would not otherwise be made public.
A permit is required before a cave can be opened to public entry. There is a reasonable fee for processing the permit. Any person who wishes to be exempt from the permit requirement but receives compensation for a use or activity associated with a cave must show that the use or activity is not a commercial entry. Commercial entry to caves is restricted to operations in place at the time of the passage of this Act and that are in compliance with all applicable laws. New operations cannot be established until the department of land and natural resources adopts rules to implement this section. Commercial entry to caves in operation at the time of the passage of this Act must be on file with the department within sixty days of enactment. These operations that have been approved by the department must comply with all applicable laws within one year of the adoption of rules by the department.
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What are the procedures for discoveries of human remains and artifacts of cultural significance?
Anyone who discovers a burial site within a cave must leave immediately and report the discovery to the department as soon as possible. The procedures from §6E-43.6 apply.
If human skeletal remains are discovered accidentally, any activity must stop that could damage the remains or historic value of the site. Any discovery of human skeletal remains must be reported as soon as possible to the department of land and natural resources, appropriate medical examiner/coroner, and the appropriate police department. Then, the department must notify the appropriate burial council and the office of Hawaiian affairs. There are different procedures for the discovery of multiple skeletons and the discovery of a single skeleton. Once the skeletal remains have been examined and a course of action determined, a mitigation plan should be enacted. Discoveries on land that is being developed or altered, the landowner, permit holder, or developer must enact the mitigation plan, including relocation of remains. Justifiable delays due to discovery of burial site shall not count against any contractor's agreed completion date. Projects interrupted due to discovery of a burial site may resume after the excavation of the burial site according to the terms of the mitigation plan have been completed. If discovery of a burial occurred on a site not being used for a project, the department is responsible for overseeing the mitigation plan and any removal of remains. When remains are archaeologically removed, the department must consult with burial council, affected property owners, representatives of the relevant ethnic group, and lineal descendants, to determine where the remains will be relocated. Relocation must follow any health department requirements. Lineal descendants, the burial council, or representatives of the relevant ethnic group may request traditional ceremonies be performed with the relocation. Special requests may be approved if additional expenses are paid by the descendants. For remains found in the course of land development or alteration that does not have the required permission under §6E-42, all activity must stop and the procedures of §6E-43 must be followed.
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What are the procedures for the disposition of human remains and funerary artifacts?
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What are the procedures for the removal and re-interment of human remains from cemeteries?
Removal or re-designation of any cemetery shall comply with the following requirements: publish a notice in a newspaper with general circulation in the State advising anyone with information about the cemetery or those buried in it to contact the department; photograph the cemetery and each headstone; give all photographs and relevant historical records to the department; move all headstones to the new site; and get written permission from the department if the cemetery is older than fifty years before any removal or re-designation. Removal or re-designation is subject to any requirements of the department of health.
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How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
We are unable to locate material relevant to this question at this time.
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How does the state identify, preserve, and control Native American sacred sites?
There are burial councils for each Hawaiian island: Hawaii, Maui/Lanai, Oahu, Molokai, Kauai/Niihau. The governor appoints council members, but must follow guidelines to ensure each council is composed of at least 20% regional representatives with significant native Hawaiian cultural knowledge, and at least one member from each geographical region of the island. Local development and property owner interests also are represented. The burial councils consult with the department of land and natural resources on native Hawaiian historic sites and burial sites. The councils advise the department on preservation and relocation of burial sites, assist in inventory and identification of burial sites, and make recommendations on protection of burial sites.
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How does the state preserve historical lands from surface mining?
We are unable to locate material relevant to this question at this time.
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What are the procedures for the exploration of submerged graves and underwater sites?
We are unable to locate material relevant to this question at this time.
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How is activity affecting aquatic beds regulated?
We are unable to locate material relevant to this question at this time.
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What are the procedures for transferring land and property containing historic or cultural resources?
The historic preservation program under the department of land and natural resources manages the acquisition of historic property by the State. The State may acquire burial sites, historic, or cultural property by gift, purchase, condemnation, devise, bequest, land exchange, or other means.
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What miscellaneous laws exist in this state to preserve human remains, burial places, and funerary objects?
We are unable to locate material relevant to this question at this time.
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What public health regulations exist for the removal and burial of human remains?
A permit from the department of health is required before any human remains or the receptacle containing the remains may be exposed, disturbed, or removed from its burial place. Once a permit is issued, the procedures outlined by the permit must be followed. The burial place must be returned to its former condition at the conclusion of any removal or disturbance. The department of land and natural resources may authorize the prohibited actions without a permit from the department of health.
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How is environmental impact measured for historic and archeological resources?
We are unable to locate material relevant to this question at this time.
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Activities Affecting Burials which Require State or Local Government Compliance
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What activities affecting burials require state or local government compliance?
We are unable to locate material relevant to this question at this time.
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Regulation by State or Local Government of Non-Governmental Burial-Related Activities
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We are unable to locate material relevant to this question at this time.
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We are unable to locate material relevant to this question at this time.
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Laws Affecting Public Lands
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What criminal laws affect preservation of burials on public lands?
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What civil laws affect preservation of burials on public lands?
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What administrative laws affect preservation of burials on public lands?
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Laws Affecting Private Lands
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What criminal laws affect preservation of burials on private lands?
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What civil laws affect preservation of burials on private lands?
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What administrative laws affect preservation of burials on private lands?
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Decision-Making
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Authorities Empowered to Make Decisions Affecting Burials
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How is a cemetery association formed in this state?
We are unable to locate material relevant to this question at this time.
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Who has the right to conduct archaeological field excavations?
The historic preservation program under the department of land and natural resources oversees all excavation and archaeological activities within the State.
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Who has custody rights of discovered human remains?
All historic property on state-owned land or under state-owned water belongs to the State. Such historic property is controlled and managed by the department of land and natural resources. The department is responsible for disposing of historic property in accordance with law and methods of preservation. See Chapter 171. The department also controls permits for research affecting historic property. The State holds state-owned burial sites in trust for lineal or cultural descendants. The State cannot transfer historic property without consulting the department and cannot transfer any burial site without consulting with the appropriate island burial council.
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Who has the ownership rights of archaeological specimens or objects of cultural significance?
All historic property on state-owned land or under state-owned water belongs to the State. Such historic property is controlled and managed by the department of land and natural resources. The department is responsible for disposing of historic property in accordance with law and methods of preservation. See Chapter 171. The department also controls permits for research affecting historic property. The State holds state-owned burial sites in trust for lineal or cultural descendants. The State cannot transfer historic property without consulting the department and cannot transfer any burial site without consulting with the appropriate island burial council.
All objects associated with a historic preservation project supported by the State or occurring on public land are held by the department of land and natural resources. These objects may be transferred to the Bishop Museum or other museum within the State when they are no longer needed by the State. If such a transfer is approved, the museum in question becomes owner of the title to the objects. However, the museum must make the objects reasonably available for study and examination.
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What rights do nonresidents of the state maintain?
Remains of nonresidents of the armed forces and nonresident honorably discharged veterans, and the remains of the spouses and children, may be buried in Hawaiian cemeteries at the discretion of the legislature.
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What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
We are unable to locate material relevant to this question at this time.
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Who has dominion and control of state historic or archaeological resources?
The department of land and natural resources administers all State historic areas and buildings, as well as all State historic preservation programs.
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Who sits on the state historical commission, and how are these members appointed?
Hawaii has a historic places review board that decides which historic property should be listed on the State and national registers of historic places. The board consists of 10 members appointed and removed by the governor. The board falls within the jurisdiction of the department of land and natural resources. The board must have at least one professionally qualified archaeologist, architect, historian, and sociologist, as well as one member knowledgeable about Hawaiian culture. The board is not paid but may receive reimbursement for related expenses.
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Who sits on the state historic preservation board and for how long?
The State is empowered to engage in a comprehensive historic preservation program. The governing body of agencies within the State may establish a historical preservation commission.
The historic preservation program is a division of the department of land and natural resources. It oversees research, acquisition, funding, and public education related to historic property and burial sites. For a complete list of its responsibilities, see §6E-3.
The governor appoints a state historic preservation officer who is responsible for supervising the historic preservation program and for working with the federal government and other state governments. The officer is chosen for his/her professional competence and experience in historic preservation.
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Scope of Authority
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What powers and responsibilities are delegated to cemetery associations in this state?
We are unable to locate material relevant to this question at this time.
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How are cemetery sales records to be kept?
The comptroller is responsible for all state-owned cemeteries, including recordkeeping.
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What power does the state have to acquire or purchase property of historic or archaeological significance?
The historic preservation program under the department of land and natural resources manages the acquisition of historic property by the State. The State may acquire burial sites, historic, or cultural property by gift, purchase, condemnation, devise, bequest, land exchange, or other means.
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How does the state manage park and historical sites?
The governor may declare state-owned historic property as a state monument, with the recommendation of the department of land and natural resources. If a portion of the proposed monument is on private land, the land may be given to the State.
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What are the powers of municipal and county governments regarding park and historical sites?
We are unable to locate material relevant to this question at this time.
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How do county and municipal governments oversee cemetery property?
We are unable to locate material relevant to this question at this time.
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What are the powers and duties of the state historical commission?
The historic places review board is responsible for evaluating historic sites for listing on both the State and federal registers of historic places, as well as managing current listings. The board also reviews the State's survey of historic property and the preservation plans that have been developed by the State.
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How does the state historical commission register or include historical property?
Hawaii has a historic places review board that decides which historic property should be listed on the State and national registers of historic places. The board consists of 10 members appointed and removed by the governor. The board falls within the jurisdiction of the department of land and natural resources. The board must have at least one professionally qualified archaeologist, architect, historian, and sociologist, as well as one member knowledgeable about Hawaiian culture. The board is not paid but may receive reimbursement for related expenses.
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What are the powers and duties of the state archaeological commission?
All archaeological activities within the State are regulated by the historic preservation program under the department of land and natural resources.
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How is the rehabilitation and preservation of historic property conducted?
All archaeological activities within the State are regulated by the historic preservation program under the department of land and natural resources.
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What specific historic or cultural properties are regulated by the state's historical commission?
The historic places review board evaluates property based on its value to Hawaii's heritage.
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Special Funding Sources
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Special Funding for Protection and Preservation of Burials
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How is the income from cemetery land to be used and dispersed in this state?
We are unable to locate material relevant to this question at this time.
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How is a state historic acquisition and preservation fund administered?
Hawaii has a historic preservation special fund that contains all appropriations from the legislature for the fund, gifts, donations, and grants from public agencies and private persons, all proceeds from fees collected by the department for historic preservation; and civil, criminal, and administrative fines collected under Chapter 6E. The fund may be used to pay permanent and temporary staff, replenish goods, produce public information materials, provide financial aid to public and private agencies involved in historic preservation, and cover administrative and operational costs of the historic preservation program.
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How are trust funds for the maintenance of cemeteries established and administered?
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How are state historic archives maintained?
We are unable to locate material relevant to this question at this time.
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How may the state enter into private contracts for recovering and preserving historical artifacts?
The historic preservation program under the department of land and natural resources manages the acquisition of historic property by the State. The State may acquire burial sites, historic, or cultural property by gift, purchase, condemnation, devise, bequest, land exchange, or other means.
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What funding exists for state historical education efforts?
We are unable to locate material relevant to this question at this time.
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What funding exists for state museums' scientific services?
We are unable to locate material relevant to this question at this time.
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Special Funding for Public Lands
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What special funding sources are there for protection and preservation of burials on public lands?
1% of the money delegated to any public project involving historic property must be used to investigate, record, preserve, and salvage any historic property. More than 1% may be spent.
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Special Funding for Private Lands
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What special funding sources are there for protection and preservation of burials on private lands?
We are unable to locate material relevant to this question at this time.
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State Recognition of Constituent Groups
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Laws Recognizing or Acknowledging Constituent Groups
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What laws are there recognizing or acknowledging constituent groups?
There are burial councils for each Hawaiian island: Hawaii, Maui/Lanai, Oahu, Molokai, Kauai/Niihau. The governor appoints council members, but must follow guidelines to ensure each council is composed of at least 20% regional representatives with significant native Hawaiian cultural knowledge, and at least one member from each geographical region of the island. Local development and property owner interests also are represented. The burial councils consult with the department of land and natural resources on native Hawaiian historic sites and burial sites. The councils advise the department on preservation and relocation of burial sites, assist in inventory and identification of burial sites, and make recommendations on protection of burial sites.
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What tribes are recognized by the state?
Native Hawaiian cultural heritage is promoted by the office of Hawaiian affairs and the State historic preservation program.
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Are the state-recognized tribes different from the federally-recognized tribes in the state?
No tribes are formally recognized in Hawaii by the federal government.
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Enforcement Laws
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We are unable to locate material relevant to this question at this time.
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Compliance Laws
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We are unable to locate material relevant to this question at this time.
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Regulatory Laws
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We are unable to locate material relevant to this question at this time.
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Decision-Making Authorities
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What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?
There are burial councils for each Hawaiian island: Hawaii, Maui/Lanai, Oahu, Molokai, Kauai/Niihau. The governor appoints council members, but must follow guidelines to ensure each council is composed of at least 20% regional representatives with significant native Hawaiian cultural knowledge, and at least one member from each geographical region of the island. Local development and property owner interests also are represented. The burial councils consult with the department of land and natural resources on native Hawaiian historic sites and burial sites. The councils advise the department on preservation and relocation of burial sites, assist in inventory and identification of burial sites, and make recommendations on protection of burial sites.
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How are Indian sacred sites regulated?
There are burial councils for each Hawaiian island: Hawaii, Maui/Lanai, Oahu, Molokai, Kauai/Niihau. The governor appoints council members, but must follow guidelines to ensure each council is composed of at least 20% regional representatives with significant native Hawaiian cultural knowledge, and at least one member from each geographical region of the island. Local development and property owner interests also are represented. The burial councils consult with the department of land and natural resources on native Hawaiian historic sites and burial sites. The councils advise the department on preservation and relocation of burial sites, assist in inventory and identification of burial sites, and make recommendations on protection of burial sites.
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Is there a state Indian Affairs Commission or equivalent?
Yes, there is an office of Hawaiian affairs.
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How is the state Indian Affairs Commission or equivalent composed?
The office of Hawaiian affairs is governed by a board of trustees. The board is run by a chairperson and vice-chairperson elected by the other members of the board.
The board selects an administrator for the office of Hawaiian affairs and may remove the administrator by a 2/3 vote.
The administrator hires the staff for the office of Hawaiian affairs.
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What are the powers and duties of the state Indian Affairs Commission?
The purpose of the office of Hawaiian affairs to be foster better conditions for the Hawaiian people and to serve as the main public agency for programs related to Hawaiians and native Hawaiians. The office is authorized to acquire property, enter into contracts, set a budget, and engage in any other lawful activities that further its mission.
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Is there a state Indian cultural heritage commission?
Native Hawaiian cultural heritage is promoted by the office of Hawaiian affairs and the State historic preservation program.
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Special Funding
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What special funding sources are there for state recognition or acknowledgment of constituent groups?
There are grant funds for the burial of Filipino-American veterans of WWII. The office of veterans' services may pay for funeral and burial services for the veteran or transportation of remains to the Philippines. The maximum amount granted a veteran is $2,500. The veteran must have been a resident of Hawaii at the time of death, and a contract and itemized unpaid invoice is required before payment is made on behalf of a deceased veteran. A WWII Filipino-American veteran is a citizen of the United States who served honorably on active duty in any armed service of the United States between September 1, 1939 and December 31, 1946.
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