HCR226 HD1.DOC

WHEREAS, it is important to protect and preserve prehistoric and historic native Hawaiian burial sites, to ensure that native Hawaiian ancestors are afforded dignity and respect; and

WHEREAS, in Hawaiian culture, ancestral bones, or iwi, possess the person's mana, or spiritual essence; after death, only the iwi were considered sacred because they contained the person's mana or spiritual essence; and

WHEREAS, native Hawaiians interred the remains of the deceased at night to prevent enemies from locating them, in an attempt to steal, degrade, or otherwise use the spiritual power contained in the remains; and

WHEREAS, for Hawaiians today, the proper treatment of ancestral bones remains essential to avoid insulting the person's spirit or bringing trauma and harm to living descendants; and

WHEREAS, it is the wish of many Hawaiians that ancestral burial sites be left in place and undisturbed; however, construction in Hawaii has often resulted in the inadvertent finding of iwi, the bones of ancestral Hawaiians; and

WHEREAS, because the disinterring of ancient Hawaiian burial sites has such far-reaching implications for Hawaiians based upon the importance of the proper treatment of the ancestral iwi, the Island Burial Councils were created in 1990 within the Historic Preservation Division of the Department of Land and Natural Resources, and were authorized to determine whether to preserve in place or relocate previously identified Hawaiian burial sites and to make recommendations on the treatment of inadvertently discovered native Hawaiian skeletal remains; and

WHEREAS, in ancient Hawaii, caves and lava tubes were sometimes used as burial sites because of their remote locations; and

WHEREAS, although current law does not expressly include burial caves in the definition of a burial site in section 6E-2, Hawaii Revised Statutes (HRS), section 6D-8, HRS, requires anyone traversing a cave who discovers a burial site to immediately leave the cave and report the discovery as soon as possible to the Department of Land and Natural Resources, which is required to follow the procedures relating to an inadvertent discovery of a "burial site," as set forth in section 6E-43.6, HRS; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, that the Office of Hawaiian Affairs is requested to convene a working group to review the existing system and procedures for the review and preservation of native Hawaiian burial sites, including the inadvertent discovery of such sites; and

BE IT FURTHER RESOLVED that the working group include a representative of the Kamakakuokalani Center for Hawaiian Studies at the University of Hawaii, Kanaka Council, Historic Preservation Division of the Department of Land and Natural Resources, the Island Burial Councils, University of Hawaii at Hilo, and Hui Malama I Na Kupuna O Hawaii Nei; and

BE IT FURTHER RESOLVED that the working group's review include:

(1) Procedures relating to the recovery, reburial, preservation, and protection of ancestral Hawaiian remains, including known native Hawaiian burial sites and inadvertently discovered sites, particularly during construction;

(2) Consideration and discussion of the definition of the term "burial cave" proposed in House Bill No. 1662 (2009), which states that a ""burial cave" means a cave or lava tube, or a portion of a cave or lava tube, where sufficient physical or cultural evidence suggests that the cave or lava tube, or a portion of the cave or lava tube, was used for or viewed as a burial site;" and

(3) Consideration and discussion of concerns relating to the State Historic Preservation Division, including personnel, leadership, and resource issues, and the problems highlighted by the Wal-Mart, Hokulia, Ward, and Naue situations;

and

BE IT FURTHER RESOLVED that the working group submit its findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2010; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, Administrator of the State Historic Preservation Division of the Department of Land and Natural Resources, Director of the Kamakakuokalani Center for Hawaiian Studies at the University of Hawaii, Chairperson of each island burial council, Director of the Kanaka Council Moku o Keawe, Chancellor of the University of Hawaii at Hilo, and Hui Malama I Na Kupuna O Hawaii Nei.

Report Title:

Historic Preservation; Burial Site

HOUSE OF REPRESENTATIVES	H.C.R. NO.	226
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII