6E-31 Monuments; reservation of land; relinquishment of private claims.

§6E-31 Monuments; reservation of land; relinquishment of private claims. Upon the recommendation of the department, the governor may declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the State to be state monuments and may reserve […]

6E-32 Diamond Head State Monument.

§6E-32 Diamond Head State Monument. (a) There shall be a Diamond Head State Monument as a historical site on Oahu to be administered by the department of land and natural resources, and to consist of: (1) All state owned lands within the state conservation land use district on the slopes of Diamond Head including the […]

6E-32.5 Mount Olomana state monument.

§6E-32.5 Mount Olomana state monument. There is established the Mount Olomana state monument as a historic landmark on Oahu to be administered by the department of land and natural resources and to consist of those lands that the department determines to be essential to the preservation of the visual, cultural, and historical aspects and significance […]

6E-33 REPEALED.

§6E-33 REPEALED. L 2015, c 147, §3.

6E-34 Capitol site.

§6E-34 Capitol site. The portion of the “Honolulu Civic Center” adopted by the Honolulu city planning commission on February 23, 1945, as the master plan for the city and county of Honolulu after a public hearing on February 1, 1945, for the executive-legislative center, specifically that area of Honolulu bounded by Richards, Beretania, Punchbowl, and […]

6E-34.5 REPEALED.

§6E-34.5 REPEALED. L 2021, c 231, §1.

6E-35 Iolani Palace.

§6E-35 Iolani Palace. (a) The official designation of the palace of the former monarchs of Hawaii shall be Iolani Palace. (b) The official designation of the Friends of Iolani Palace shall be the State of Hawaii Museum of Monarchy History. The qualifying standards and conditions related to the receipt of funds under chapter 42F shall […]

6E-36 Sand Island.

§6E-36 Sand Island. The island on the southwest side of Honolulu Harbor, Oahu, 21 degrees 18 minutes 30 seconds north, 157 degrees 53 minutes 00 seconds west, city and county of Honolulu, proclaimed Anuenue (also known as Rainbow Island) by memorandum 1969-4 of the governor shall be named Sand Island. The name Sand Island shall […]

6E-37 National statuary hall; Father Damien.

§6E-37 National statuary hall; Father Damien. The State of Hawaii exercises its prerogative pursuant to section 2 of “An Act making appropriation for sundry Civil Expenses of the Government for the Year ending the Thirtieth of June eighteen hundred and sixty-five and for other Purposes” (Act of July 2, 1864 of the Thirty-Eighth Congress, Section […]

6E-38 National statuary hall; King Kamehameha I.

§6E-38 National statuary hall; King Kamehameha I. King Kamehameha I is selected as one of the two illustrious, deceased persons whose statue shall be furnished by the State of Hawaii for placement in the national statuary hall in the national capitol pursuant to Title 40 United States Code 187. [L 1976, c 104, pt of […]

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-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 […]

6E-39 Jurisdiction over World War II memorial.

§6E-39 Jurisdiction over World War II memorial. The jurisdiction and control of the World War II memorial, located in the front of the state office building in Honolulu, is vested in the state department of accounting and general services. [L 1976, c 104, pt of §2]

6E-40 Bernice Pauahi Bishop Museum.

§6E-40 Bernice Pauahi Bishop Museum. The official designation of the Bernice Pauahi Bishop Museum shall be the State of Hawaii Museum of Natural and Cultural History. The qualifying standards and conditions related to the receipt of funds contained in chapter 42F shall not apply to funds received by the State of Hawaii Museum of Natural […]

6E-41 Cemeteries; removal or redesignation.

§6E-41 Cemeteries; removal or redesignation. (a) Any person removing or redesignating any cemetery shall comply with the following requirements: (1) Publish a notice in a newspaper of general circulation in the State, requesting persons having information concerning the cemetery or persons buried in it to report that information to the department; (2) Photograph the cemetery […]

6E-42 Review of proposed projects.

§6E-42 Review of proposed projects. (a) Except as provided in section 6E-42.2, before any agency or officer of the State or its political subdivisions approves any project involving a permit, license, certificate, land use change, subdivision, or other entitlement for use, which may affect historic property, aviation artifacts, or a burial site, the agency or […]

6E-42.2 Excluded activities for privately-owned single-family detached dwelling units and townhouses.

§6E-42.2 Excluded activities for privately-owned single-family detached dwelling units and townhouses. (a) An application for a proposed project on an existing privately-owned single-family detached dwelling unit or townhouse shall be subject to the requirements of section 6E-42 only if the single-family detached dwelling unit or townhouse is over fifty years old and: (1) Is listed […]

6E-43 Prehistoric and historic burial sites.

§6E-43 Prehistoric and historic burial sites. (a) At any site, other than a known, maintained, actively used cemetery where human skeletal remains are discovered or are known to be buried and appear to be over fifty years old, the remains and their associated burial goods shall not be moved without the department’s approval. (b) All […]

6E-43.5 Island burial councils; creation; appointment; composition; duties.

§6E-43.5 Island burial councils; creation; appointment; composition; duties. (a) There are established within the department five island burial councils, one each for Hawai`i, Maui/LÄna`i, Moloka`i, O`ahu, and Kaua`i/Ni`ihau, to implement section 6E-43. Each council shall consist of nine members, except the Moloka`i council, which shall consist of five members. Each council shall consist of no […]

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-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 […]

6E-44 Veterans memorial commission.

§6E-44 Veterans memorial commission. There is established a commission whose function is to plan and select works of art for memorials to the veterans of the Korean and Vietnam conflicts as well as to select a site for the memorials. The commission shall be composed of nine members appointed by the governor, and shall include […]