The proposed amendments to Section 6E of the Hawaii Revised Statutes contain critical changes that would mandate compliance from individuals or entities that violate burial site regulations. Specifically, those who are found to be in violation would be required to submit a compliance schedule, cease and desist from further violations, and could face imposition of penalties by the Board of Land and Natural Resources. This represents a shift from a permissive to a more enforceable approach to handling violations, thereby strengthening the state's commitment to the preservation of burial sites.
Summary
House Bill 2609 aims to improve the clarity and effectiveness of the laws governing historic preservation in Hawaii, particularly as they pertain to burial sites. The bill emphasizes the necessity for equal protection and treatment of both Hawaiian and non-Hawaiian burial sites under state law. This objective arises from the recognition that existing legal frameworks require clearer language and more stringent enforcement measures to support the protection of cultural and historical elements of the community.
Contention
While the bill has garnered support for enhancing preservation efforts, there exists potential contention regarding the implications of increased regulatory oversight. Advocates argue that the mandatory compliance measures are essential for safeguarding cultural heritage and ensuring that violations are taken seriously. Conversely, some critics may view these mandates as overly restrictive, fearing that they could complicate processes for land use and development, particularly in areas where burial sites may not be clearly defined or where disputes over land ownership arise.