HAR §13-300-35. Recognition of lineal and cultural descendants

(a) In order to establish lineal or cultural descent to human skeletal remains, a person shall submit a claim to the department together with any of the following information: (1) The name of the deceased individual; (2) Family genealogy; (3) Birth certificates; (4) Death certificates; (5) Obituaries; (6) Marriage certificates; (7) Probate records; (8) Church records; (9) Census records; (10) Tax records; (11) Land conveyance documents including, but not limited to, deeds and land commission awards; (12) Oral family history; or (13) Any other applicable information or records that help establish a lineal connection between the claimant and the human skeletal remains. (b) The department shall review all submitted information and assess whether direct or collateral genealogical connections can be demonstrated between the claimant and certain human skeletal remains. (c) The department shall obtain a written statement from the claimant concerning the confidentiality of any information submitted. No information shall be duplicated by the department without prior written consent. (d) Where possible, the department shall compare submitted information with records found at appropriate repositories including: (1) State archives; (2) State bureau of conveyances; (3) Office of health status monitoring, department of health; (4) Family History Centers of the Church of Jesus Christ of Latter-Day Saints; or (5) Any other appropriate repository or source. (e) The department shall have no longer than thirty days from receipt of a written claim to review and assess the information submitted. Upon completion, the department shall return all information, unless the claimant indicates otherwise. (f) With regard to Native Hawaiian skeletal remains, the department shall provide the council with a written assessment of the information submitted and a recommendation regarding recognition of the claimant as a known lineal descendant. It shall be the decision of the council to recognize the claimant as a known lineal descendant. The council shall give preference for proper treatment of previously identified Native Hawaiian skeletal remains and any burial goods to known lineal descendants. (g) With regard to non Native Hawaiian skeletal remains, the department shall provide the claimant with a written assessment of the information submitted. It shall be the decision of the department to recognize a non Native Hawaiian claimant as a known lineal descendant. The department shall give preference for proper treatment of previously identified non Native Hawaiian skeletal remains and any burial goods to known lineal descendants. (h) Where the submitted information fails to establish lineal descent, but establishes genealogical connections between the claimant and 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 and any burial goods are located or originated from, the department shall provide the council with a written assessment and a recommendation regarding recognition of the claimant as a cultural descendant. In the event the department does not recommend recognition as a cultural descendant, the recommendation shall be deferral pending submission of additional information. It shall be the decision of the council whether to recognize the claimant as a cultural descendant. Testimony by a recognized cultural descendant concerning proper treatment of Native Hawaiian skeletal remains and any burial goods, shall be duly considered and given appropriate weight by the council. (i) Where the submitted information fails to establish lineal descent but establishes that the non Native Hawaiian claimant is the same ethnicity as the human skeletal remains, the department shall provide the claimant with a written assessment and a decision regarding recognition as a cultural descendant. In the event the department does not determine to recognize the claimant as a cultural descendant, the department shall defer the matter pending submission of additional information. Testimony by a recognized cultural descendant concerning the proper treatment of non Native Hawaiian skeletal remains and any burial goods shall be duly considered and given appropriate weight by the department. [Eff SEP 28 1996 ] (Auth: HRS §§6E-43.5, 92-1) (Imp: HRS §§6E-43, 6E- 43.5, 6E-43.6) §13-300-36 Criteria for evaluating request to preserve or relocate Native Hawaiian burial sites. (a) Previously identified Native Hawaiian burial sites and inadvertently discovered Native Hawaiian skeletal remains that meet any one of the following criteria shall be given greater consideration for preservation in place by the council and the department respectively: (1) When located in areas with a concentration of skeletal remains; (2) Pre-contact or historic period burial sites associated with important individuals and events as recommended by the council following consultation with known lineal or cultural descendants, appropriate Hawaiian organizations, knowledgeable individuals, or any other appropriate source of information; (3) When located in areas within a context of historic properties, as defined by section 6E-2, HRS; (4) Where known lineal descendants request preservation in place; or (5) Where the landowner agrees to preservation in place. (b) When determining whether to preserve in place or relocate Native Hawaiian burial sites, the councils and the department where appropriate, shall give due consideration to the following: (1) The cultural appropriateness of the proposal to preserve in place or relocate; (2) Any possible harm to the Native Hawaiian skeletal remains if the burial site is left in place; (3) The request of known lineal or cultural descendants to relocate; and (4) Any reason presented by the applicant to relocate. [Eff SEP 28 1996 ] (Auth: HRS §§6E-43, 6E-43.5, 91-2) (Imp: HRS §§6E-43, 6E-43.5, 6E-43.6) §13-300-37 Criteria for evaluating request to preserve or relocate non Native Hawaiian burial sites. (a) Previously identified non Native Hawaiian burial sites and inadvertently discovered non Native Hawaiian skeletal remains that meet any one of the following criteria shall be given greater consideration for preservation in place by the department: (1) When located in areas with a concentration of skeletal remains; (2) Historic period burial sites associated with important individuals and events identified by the department following consultation with known lineal or cultural descendants, appropriate ethnic organizations, knowledgeable individuals, or any other appropriate source of information; (3) When located in areas within a context of historic properties, as defined by section 6E-2, HRS; (4) Where known lineal descendants request preservation in place; or (5) Where the landowner agrees to preservation in place. (b) When determining whether to preserve in place or relocate non Native Hawaiian burial sites, the department shall give due consideration to the following: (1) The cultural appropriateness of the proposal to preserve in place or relocate; (2) Any possible harm to the non Native Hawaiian skeletal remains if the burial site is left in place; (3) The request of known lineal or cultural descendants to relocate; and (4) Any reason presented by the applicant to relocate. [Eff SEP 28 1996 ] (Auth: HRS §§6E-43.5, 91-2) (Imp: HRS §§6E-43, 6E-43.6)