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Any Hawaii landowner who knows about human bones on their property but plans to sell anyway could soon have to tell the potential buyers or face a fine. 

Two bills awaiting the governor’s signature, and , aim to address the responsibilities of landowners aware of the presence of a burial or an archaeological site on property put up for sale. Failure to disclose that information could result in a $1,000 fine, and any alteration to the historic or archeological value could cost as much as $20,000.

Alii or Hawaiian royalty were buried in concealed locations to protect their bodies from jealous rivals who sought the iwi or bones of their spiritual remains, according to the Department of Land And Natural Resources State Historic Preservation Division. These cultural practices mean ancestral bones could be found almost anywhere in the state today.

“It’s not strictly about an archaeological and scientific site,” said Ke’opu Reelitz, director of advocacy at the Office of Hawaiian Affairs. “What we are doing is honoring the land that has been here and the ancestors who have been here for generations upon generations that predate it.” 

Sen. Maile Shimabukuro introduced . She said there are some historic preservation laws in place to protect these vulnerable sites, but an OHA Burial Sites Working Group said in a that there also are legal gaps and a lack of resources to administer burial laws. 

Hawaii already has some of the strongest burial laws in the United States, said Kamakana Ferreira, lead compliance specialist for OHA, but a problem is enforcement. Under current law, he said, private landowners can essentially do what they want with historic properties.

“Private landowners have a little bit more leeway with what they can do with historic properties,” Ferreira said. 

As of now, upon discovery of remains, landowners typically contact DLNR, Ferreira said. A medical examiner then would be called to inspect the remains. From there, police could be involved and the appropriate burial council would be notified as well as OHA. 

“It’s important that this information be disclosed, especially to new land owners that might want to buy the property,” Ferriera said, “because it’s going to affect their property use and it could affect their property value.”