HAR §13-300-3. Jurisdiction

(a) This chapter applies to sites found within the boundaries of the State not situated in a known, maintained, actively used cemetery, where human skeletal remains are discovered, or known to be present, and appear to be over fifty years old. This chapter also applies to human skeletal remains and any burial goods already removed from a site which appear to be over fifty years old. (b) Authority to determine treatment of any burial site belongs to the department, following appropriate consultations, except that where a burial site is Native Hawaiian and previously identified, authority to determine treatment belongs to the appropriate council. (c) This chapter does not apply to: (1) Human skeletal remains originating outside of the State; (2) Human skeletal remains voluntarily donated to any medical institution in the State; (3) Human skeletal remains fabricated into artifacts prehistorically and intended to be removed from the State, as provided in section 6E-12(b)(2), HRS; and (4) Human skeletal remains curated by any federally funded museum in the State. (d) The State historic preservation division shall implement the appropriate provisions of chapter 6E, HRS, and this chapter, on behalf of the department. (e) To the extent possible, this chapter may coordinate with any and all appropriate federal statutes and regulations including but not limited to the applicable provisions of the Native American Graves Protection and Repatriation Act (25 U.S.C. §3001). (f) The department is statutorily exempt from section 338-25.5(b), HRS, with regard to obtaining a permit from the department of health prior to exposure, removal, disinterment, reburial, or any other act related to human skeletal remains within the department's jurisdiction. [Eff SEP 28 1996 ] (Auth: HRS §6E-43.5) (Imp: HRS §§6E-43, 6E-43.5, 6E-43.6, 6E-12, 338-25.5, 25 U.S.C. §3001)