Hawaii 2024 Regular Session

Hawaii Senate Bill SB2590 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2590 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT RELATING TO BURIAL SITES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2590
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2590
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO BURIAL SITES.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the current definitions of "inadvertent discovery" and "previously identified" in section 13-300-2, Hawaii Administrative Rules, are too narrow to adequately protect burial sites. Therefore, the purpose of this Act is to direct the department of land and natural resources to amend the definitions of "inadvertent discovery" and "previously identified" in section 13-300-2, Hawaii Administrative Rules, to cover the broad range of situations involving burial sites and to better protect burial sites. SECTION 2. (a) The department of land and natural resources shall amend the definitions of "inadvertent discovery" and "previously identified" as defined in section 13-300-2, Hawaii Administrative Rules as follows: (1) "Inadvertent discovery" means the unanticipated finding of human skeletal remains and any burial goods resulting from unintentional disturbance, erosion, or other ground disturbing activity. Subsequent human skeletal remains found in close proximity to inadvertently discovered human skeletal remains shall not be considered an unanticipated finding, given the initial discovery. These burial sites shall be classified as previously identified for which the Council shall have jurisdiction to consider treatment, if deemed Native Hawaiian, and the Department shall have jurisdiction to consider treatment if non-Native Hawaiian." (2) "Previously identified" means burial sites containing human skeletal remains and any burial goods identified during archaeological inventory survey and data recovery of possible burial sites including: (A) Sites known to contain burials through oral or written records, discoverable by diligent search of the applicable recorded literature and archaeological reports, subsurface investigation, or referenced generally or specifically in kamaʻāina testimony; (B) Burial sites identified in proximity to other earlier discovered burials, whether inadvertently or previously discovered; (C) Burial sites discovered in a similar type of sedimentary matrix as other burials within the same project area; or (D) Burial sites discovered in sedimentary contexts, including sand and sand mixtures. (b) Without prior resort to the foregoing information sources, any subsequently discovered burials associated with other earlier discovered burials shall not be deemed "inadvertently discovered" nor an "unanticipated finding" of human skeletal remains. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the current definitions of "inadvertent discovery" and "previously identified" in section 13-300-2, Hawaii Administrative Rules, are too narrow to adequately protect burial sites.
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51	51	Therefore, the purpose of this Act is to direct the department of land and natural resources to amend the definitions of "inadvertent discovery" and "previously identified" in section 13-300-2, Hawaii Administrative Rules, to cover the broad range of situations involving burial sites and to better protect burial sites.
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53	53	SECTION 2. (a) The department of land and natural resources shall amend the definitions of "inadvertent discovery" and "previously identified" as defined in section 13-300-2, Hawaii Administrative Rules as follows:
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55	55	(1) "Inadvertent discovery" means the unanticipated finding of human skeletal remains and any burial goods resulting from unintentional disturbance, erosion, or other ground disturbing activity. Subsequent human skeletal remains found in close proximity to inadvertently discovered human skeletal remains shall not be considered an unanticipated finding, given the initial discovery. These burial sites shall be classified as previously identified for which the Council shall have jurisdiction to consider treatment, if deemed Native Hawaiian, and the Department shall have jurisdiction to consider treatment if non-Native Hawaiian."
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57	57	(2) "Previously identified" means burial sites containing human skeletal remains and any burial goods identified during archaeological inventory survey and data recovery of possible burial sites including:
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59	59	(A) Sites known to contain burials through oral or written records, discoverable by diligent search of the applicable recorded literature and archaeological reports, subsurface investigation, or referenced generally or specifically in kamaʻāina testimony;
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61	61	(B) Burial sites identified in proximity to other earlier discovered burials, whether inadvertently or previously discovered;
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63	63	(C) Burial sites discovered in a similar type of sedimentary matrix as other burials within the same project area; or
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65	65	(D) Burial sites discovered in sedimentary contexts, including sand and sand mixtures.
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67	67	(b) Without prior resort to the foregoing information sources, any subsequently discovered burials associated with other earlier discovered burials shall not be deemed "inadvertently discovered" nor an "unanticipated finding" of human skeletal remains.
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69	69	SECTION 3. This Act shall take effect upon its approval.
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73	73	INTRODUCED BY: _____________________________
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75	75	INTRODUCED BY:
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77	77	_____________________________
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83	83	Report Title: DLNR; State Historic Preservation Division; Hawaii Administrative Rules; Burial Sites; Native Hawaiians Description: Requires the Department of Land and Natural Resources to amend the definitions of "inadvertent discovery" and "previously identified" in the HAR, to better protect burial sites. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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91	91	Report Title:
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93	93	DLNR; State Historic Preservation Division; Hawaii Administrative Rules; Burial Sites; Native Hawaiians
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97	97	Description:
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99	99	Requires the Department of Land and Natural Resources to amend the definitions of "inadvertent discovery" and "previously identified" in the HAR, to better protect burial sites.
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107	107	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.