Ka Wai Ola - Office of Hawaiian Affairs, Volume 39, Number 7, 1 July 2022 — E NHLC... [ARTICLE+ILLUSTRATION]

E NHLC...

V E NINAU IA NHLC V ^ ASK THE NATIVE HAWAIIAN LEGAL CORPORATION "

I recently learned that my ancestors were among the iwi found many ( yearsagoat the Mapulehu Glass House property on Moloka'i, and I ; want to provide input on what happens to them. Is there anything I ean do? i i By Kirsha Durante, NHLŪ Senior Staff Attorney Mahalo for your question and your diligence in the mālama of iwi kūpuna | after disturbance. Most cultures ( around the world reverently respect 1 and protect burials. Yet, respect and care for iwi 1 kūpuna has been an enormous challenge for our ] community requiring continuous advocacy. 1 When iwi are disturbed by nature or - as in ' the case of the Mapulehu Glass House - through 1 human activity, the focus shifts to protecting 1 against any further harm. '• To participate in the decision-making process ' for iwi kūpuna, you may start by getting your ' connection to the iwi recognized. 1his ean be 1 done by submitting a Descedancy Claim Application to the State Historic Preservation Division ' (SHPD) of the Department of Land and Natural ' Resources. You ean be recognized as a lineal or J cultural descendant. A lineal descendant has a direct or genealogical connection to specific iwi. A cultural descendant has a genealogical eonnee- ' tion to Native Hawaiian ancestors who onee lived ' in, or are buried in, the same ahupua'a where the 1 iwi are located or eame from. ' You will need to provide information to estab- ' lish your descendancy. Examples of records that ean be used are: birth certificates, tax records, land conveyance documents and census records. 'Ohana do not always have these documents avail- 1 able. In those cases, family genealogy and oral \ history (written or recorded) may be provided. 1 In the application, it is important to provide { information regarding the location of your 'ohana ' burial site such as the address, the Tax Map Key 1 No., the 'ili/mo'o, ahupua'a, moku and island. ' The application also requires you to provide the 1

identities of the individuals buried at the loeation, including the name, date of death, and your relationship to the individual(s). Understandably, some 'ohana have concerns about sharing family and genealogical information. You ean request that all information you supply to SHPD in the application be confidential and restricted from puhlie access. Onee submitted, SHPD will review your application and send a letter to the island burial eouneil where the burial is located. There are five island burial councils responsible for determining whether a person has established descendancy to iwi: Hawai'i Island, Kaua'i/Ni'ihau, Maui/Lāna'i, O'ahu and Moloka'i. The letter from SHPD to the burial eouneil will contain SHPD's recommendation as to whether the burial eouneil should approve your descendancy elaim and whether you should be recognized as a lineal or a cultural descendant. Ultimately, the burial eouneil will decide your application, and they are free to agree or disagree with SHPD's recommendation. Recognition as a lineal or cultural descendant gives you a role in the state process for treatment of iwi kūpuna. For burials identified prior to disturbance, the burial eouneil should give preference the wishes of a recognized lineal descendant regarding the treatment of iwi kūpuna and any related burial goods. The testimony of a cultural descendant should be considered and given appropriate weight by the burial eouneil. Iwi kūpuna not previously identified and inadvertently discovered after a disturbance fall under the jurisdiction of SHPD. For those iwi, SHPD should consult with and cultural descendants about whether to those burials in plaee or relocate them. The Descendancy Claim Application ean be found online at: https://dlnr.hawaii.gov/shpd/ files/2016/09/08162016-Descendancy-Claim-Application.pdf. Ola nā iwi. ■ E Nīnau iā NHLC provides general information about the law, not legal advice. You ean contact NHLC about your legal needs by calling NHLC's office at 808-521-2302. You ean also learn more aboutNHLC at nativehawaiianlegalcorp.org. The Native Hawaiian Legal Corporation (NHLC) is a nonprofitlaw firm dedicated to the advancement and protection ofNative Hawaiian identity and culture. Eaeh month, NHLC attorneys will answer questions from readers about legal issues relating to Native Hawaiian rights and protections, including issues regarding housing, land, water, and traditional and cultural practice. You ean submit questions at NinauNHLC@nhlchi.org.

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