Section 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)