Implements suggestions from Auditor's December 2004 report to improve procedures and policies of island burial councils and burial sites programs of the Department of Land and Natural Resources.

A BILL FOR AN ACT

SECTION 1. In 1990, the legislature found that recognition and protection of Hawaii's unique cultural values of its multi-ethnic residents are affected by state historic preservation decisions. Burial sites, in particular, were found to require sensitive treatment and be protected by law from unnecessary disturbance.

Therefore, in 1990, legislature established island burial councils in Act 306. The purpose of the burial councils is to advise the department of land and natural resources on all matters pertaining to unmarked burial sites more than fifty years old located on private, state, and county properties.

During the 2004 regular session, the legislature expressed concerns about the process of filling vacancies on island burial councils, as well as concerns relating to the effectiveness of and commitment to the island burial councils and burial sites program. In response to House Concurrent Resolution No. 165, S.D. 1, adopted by the legislature in 2004, the auditor investigated the department of land and natural resources's practices with respect to appointments and issued a report of its findings and recommendations in December 2004. The report is entitled "Investigation of the Department of Land and Natural Resources' Process for Developing Recommended Candidate Lists for Appointment to the Island Burial Council".

The purpose of this Act is to implement many of the auditor's recommendations to improve the administration and operation of the island burial councils and the burial sites program of the department of land and natural resources.

SECTION 2. Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§6E- Policies and procedures; guidelines; establishment; candidates. (a) Not later than three months after the effective date of this section, the department shall encourage collaboration by conducting statewide meetings to consult with representatives of the native Hawaiian community, including Hawaiian organizations, agencies, and offices to describe and establish protocols that reflect Hawaiian oral traditions relating to burial beliefs, customs, and practices. After the initial statewide meetings, similar statewide meetings shall be conducted on a biennial basis to review and update the protocols.

(b) The protocols developed from the initial statewide meetings shall provide the criteria to qualify candidates for membership on an island burial council as a regional representative. The protocols adopted shall reflect the involvement and agreement of the Hawaiian community relating to native Hawaiian burial beliefs, customs, and practices dealing with the disposition of native Hawaiian human skeletal remains.

(c) No later than one month after the conclusion of the initial statewide meetings required pursuant to this section, the department shall adopt policies, procedures, and guidelines that reflect information gathered during the initial statewide meetings to ensure that any list of candidates for island burial councils is developed and submitted to the governor in a methodical, comprehensive, consistent, and timely manner.

(d) The department shall compile and maintain a catalog of Hawaiian organizations, agencies, and offices with which the department develops mutual working relationships. The department shall consult with these Hawaiian groups to ensure compilation of comprehensive lists of nominees who shall be appointed to island burial councils."

SECTION 3. Section 6E-43, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) All burial sites are significant and shall be preserved in place until compliance with this section is met, except as provided in section 6E-43.6. The appropriate island burial council shall determine whether preservation in place or relocation of previously identified native Hawaiian burial sites is warranted, following criteria which shall include recognition that burial sites of high preservation value, such as areas with a concentration of skeletal remains, or prehistoric or historic burials associated with important individuals and events, or areas that are within a context of historic properties, or have known lineal descendants, shall receive greater consideration for preservation in place. The criteria shall be 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. A council's determination shall be rendered within forty-five days of referral by the department unless otherwise extended by agreement between the landowner and the department."

SECTION 4. Section 6E-43.5, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Appointment of members to the island burial councils shall be made by the governor, in accordance with section 26-34, from a list of candidates provided to the governor no later than thirty days before the expiration of a member's term by the department, provided that a minimum of twenty per cent of the regional representatives shall be appointed from a list of at least nine candidates whose names are provided to the department by the office of Hawaiian affairs. The department shall develop the list of candidates in consultation with appropriate Hawaiian organizations[, such as Hui Malama I Na Kupuna O Hawai‘i Nei.] and shall include on the list the names of the nine candidates provided by the office of Hawaiian affairs. The membership of each burial council shall include at least one representative from each geographic region of the island as well as representatives of development and large property owner interests. Regional representatives shall be selected from the Hawaiian community [on the basis of their] based upon criteria and protocols adopted by the department, after extensive consultation through statewide meetings with the Hawaiian community, that demonstrates the representative's understanding of the culture, history, burial beliefs, customs, and practices of native Hawaiians. A regional representative shall reside in or have resided in the geographic region to which the regional representative is appointed. The burial councils shall have a minimum of nine and a maximum of fifteen members[,] and have a ratio of not more than three to one and no less than two to one in favor of regional representatives.

(c) The department, in consultation with the burial 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,] shall adopt rules pursuant to chapter 91 necessary to carry out the purposes of this section. The burial council members shall serve without compensation, but shall be reimbursed for necessary expenses incurred during the performance of their duties. The councils shall be a part of the department for administrative purposes."

SECTION 5. Section 6E-43.6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(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:

SECTION 6. The department of land and natural shall implement the recommendations made by the auditor in the auditor's December 2004 report and shall:

Not less than twenty days before the convening of the Regular Session of 2007, the department of land and natural resources shall submit a report to the legislature and governor, which shall include a status report on the activities required by this Act, including section 6, and any legislation necessary to implement recommendations of the auditor or of the department.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.