HAR §13-300-2. Definitions

As used in this chapter, unless the context requires otherwise: "Ahupua`a" means a traditional Hawaiian land division usually extending from the mountain to the sea. "Appeals panel" means the panel comprised of three members from the board of land and natural resources and three council chairpersons that administratively adjudicates an appeal of a council determination as a contested case. "Applicant" means a person representing a sufficient ownership interest in real property or a lineal descendant who requests the council or the department, whichever is applicable, to determine appropriate treatment of a burial site or human skeletal remains and any burial goods or both, located at, or originating from, the real property. "Appropriate ethnic organization" means a group comprised of a majority of individuals of the same ethnicity recognized by the department as representing that particular ethnic group. "Appropriate Hawaiian organization" means a group recognized by the council that is comprised of a majority of Hawaiians and has a general understanding of Hawaiian culture, in particular, beliefs, customs, and practices relating to the care of ancestral Native Hawaiian skeletal remains, burial goods, and burial sites. "Archaeological data recovery plan" means the form of mitigation that archaeologically records or recovers or both, a reasonable and adequate amount of information as determined by the department, from a significant historic property. With respect to a burial site, this plan includes the disinterment of human skeletal remains and any burial goods and may involve the recording of a reasonable amount of information from the burial site if specifically authorized by the council or department, whichever is applicable, following a determination to relocate the contents of the burial site. "Archaeological inventory survey" means the process of identifying and documenting historic properties and burial sites in a delineated area, gathering sufficient information to evaluate significance of the historic properties and burial sites, and compiling the information into a written report for review and acceptance by the department. "Areas with a concentration of skeletal remains" means any location where multiple human skeletons are present. "Burial good" means any item reasonably believed to have been intentionally placed with the human skeletal remains of an individual or individuals at the time of burial. "Burial site" means any specific unmarked location where prehistoric or historic human skeletal remains and their associated burial goods if any, are interred, and its immediate surrounding archaeological context, including any associated surface and subsurface features, deemed a unique class of historic property, and not otherwise included in section 6E-41, HRS. "Burial treatment plan" means a plan that meets all necessary requirements as set forth in this chapter and which proposes treatment of burial sites, including preservation in place or relocation, submitted to the department or council, whichever is appropriate, for a determination. "Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for an agency hearing. "Council" means the island burial councils. "Cultural descendant" means with respect to non Native Hawaiian skeletal remains, a claimant recognized by the department as being the same ethnicity, or with respect to Native Hawaiian skeletal remains, a claimant recognized by the council after establishing genealogical connections to Native Hawaiian ancestors who once resided or are buried or both, in the same ahupua`a or district in which certain Native Hawaiian skeletal remains are located or originated from. "Department" means department of land and natural resources. "Government record" means information maintained by the department in written, auditory, visual, electronic, or other physical form. "Historic property" means any building, structure, object, district, area, or site, including heiau and underwater site, which is over fifty years old. "HRS" means Hawai`i Revised Statutes, as amended. "Hui Malama I Na Kupuna `O Hawai`i Nei" means the Native Hawaiian organization whose purpose is to provide cultural and spiritual care to ancestral Native Hawaiian skeletal remains and burial goods through repatriation and reburial, and by protecting known burial sites. "Human skeletal remains" means the body or any part of a deceased human being. "Inadvertent discovery" means the unanticipated finding of human skeletal remains and any burial goods resulting from unintentional disturbance, erosion, or other ground disturbing activity. "In situ burial agreement" means an agreement, recorded with the bureau of conveyances, between the State and the landowner which establishes the protection of the burial site in place as a preservation easement in perpetuity. "Lineal descendant" means with respect to Native Hawaiian skeletal remains, a claimant who has established to the satisfaction of the council, direct or collateral genealogical connections to certain Native Hawaiian skeletal remains, or with respect to non Native Hawaiian skeletal remains, a claimant who has established to the satisfaction of the department, direct or collateral genealogical connections to certain non Native Hawaiian skeletal remains. "Metric trait" means a skeletal or dental trait quantified by measurement. "Mitigation plan" means the plan setting forth appropriate treatment of historic properties, burial sites, or human skeletal remains. "Multiple skeletons" means human skeletal remains representing more than one individual. "Non metric trait" means a skeletal or dental trait which is present or absent and genetic in origin, but does not include changes due to disease or injury. "Office of Hawaiian Affairs" means the principal public agency established by the Hawai`i State constitution and chapter 10, HRS, to develop and coordinate services and programs for the betterment of the conditions of Native Hawaiians and Hawaiians. "Over fifty years old" means with respect to human skeletal remains, being deceased for more than fifty years and not the age of the individual at death. "Party" means a person properly seeking and entitled as of right to be admitted as a party in any court or agency proceeding. "Person" means any individual, firm, association, agency, organization, partnership, estate, trust, corporation, company, or governmental unit. "Post-contact" means the period after the year 1778. "Pre-contact" means prehistoric. "Prehistoric" means the period prior to and including the year 1778. "Preservation plan" means the form of mitigation that sets forth appropriate treatment of historic properties, burial sites, or human skeletal remains which are to be preserved in place. "Presiding officer" means the chairperson of the board of land and natural resources. "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, or known through oral or written testimony. "Proceeding" means the department's consideration of the relevant facts and applicable law, and action thereupon with respect to a particular subject within the department's jurisdiction, initiated by a filing, submittal, request, application, or petition and shall include but not be limited to: (1) The adoption, amendment, or repeal of any rule of the department, whether initiated by order, notice or by petition of an interested person; or (2) The administrative adjudication by the appeals panel of an appeal of a council determination as a contested case. "Public hearing" means a hearing required by law in which members of the public may comment upon a proposed rule, application, or request. "Reburial agreement" means an agreement, recorded with the bureau of conveyances, between the State and the landowner which involves reburial of human skeletal remains and any burial goods, and establishes the reburial site as a preservation easement in perpetuity. "Reburial site" means any specific location where prehistoric or historic human skeletal remains and any burial goods removed from one or more sites are reburied, including any associated surface and subsurface features. "Regular business hours" means from 7:45 a.m. to 4:30 p.m. of each day of the week except Saturday, Sunday, and holidays. "Relocation" means the careful disinterment or collection of human skeletal remains and any burial goods utilizing procedures which are least intrusive and destructive to the human skeletal remains and any burial goods, in accordance with a department approved archaeological data recovery plan when applicable, and the reburial of the human skeletal remains and any burial goods, except where known lineal descendants decide otherwise. "Review board" means the Hawai`i historic places review board. "Sensitive" means a finding by the council or the review board that a department record involving location and description of historic sites including burial sites or involving human skeletal remains originating from a burial site is culturally inappropriate for public disclosure and exempt from the requirements of section 92F-12, HRS. "Unmarked location" means with regard to a human burial, any site located outside the boundaries of a known, maintained, actively used cemetery dedicated in accordance with chapter 441, HRS. [Eff SEP 28 1996 ] (Auth: HRS §6E-43.5) (Imp: HRS §§6E-43, 6E-43.5, 6E-43.6, 92F-3, 92F-12, 441-2, 441-3)