HCR 193: REQUESTING THE OFFICE OF HAWAIIAN AFFAIRS TO CONVENE A WORKING GROUP TO EXAMINE AND CONSIDER THE TRANSFER OF NATIVE HAWAIIAN BURIAL SITE MANAGEMENT UNDER CHAPTER 6E, HAWAII REVISED STATUTES, FROM THE STATE HISTORIC PRESERVATION DIVISION TO THE OFFICE OF HAWAIIAN AFFAIRS.

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE OFFICE OF HAWAIIAN AFFAIRS TO CONVENE A WORKING GROUP TO EXAMINE AND CONSIDER THE TRANSFER OF NATIVE HAWAIIAN BURIAL SITE MANAGEMENT UNDER CHAPTER 6E, HAWAII REVISED STATUTES, FROM THE STATE HISTORIC PRESERVATION DIVISION TO THE OFFICE OF HAWAIIAN AFFAIRS.

     WHEREAS, the Legislature recognizes that it is the State's duty to protect the Native Hawaiian cultural and religious practice of caring for iwi kūpuna pursuant to article XII, section 7, of the Hawaii State Constitution; and

     WHEREAS, in enacting Act 104, Session Laws of Hawaii 1976, which established chapter 6E, Hawaii Revised Statutes, to codify the State's Historic Preservation program, the Legislature recognized and declared that historic properties and burial sites are included in the State's public trust, stating that "it shall be the public policy of this State to provide leadership in preserving, restoring, and maintaining historic and cultural property, to ensure the administration of such historic and cultural property in a spirit of stewardship and trusteeship for future generations, and to conduct activities, plans, and programs in a manner consistent with the preservation and enhancement of historic and cultural property"; and

     WHEREAS, in 1990, the Legislature amended section 6E-43, Hawaii Revised Statutes, to include language stating that "at any site, other than a known, maintained, actively used cemetery where human skeletal remains are discovered or are known to be buried and appear to be over fifty years old, the remains and their associated burial goods shall not be moved without the department's approval"; and

     WHEREAS, the amendments made to section 6E-43, Hawaii Revised Statutes, also included language stating that "all burial sites are significant and shall be preserved in place until compliance with this section is met"; and

     WHEREAS, chapter 10H, Hawaii Revised Statutes, formally recognizes Native Hawaiians as the "only indigenous, aboriginal, maoli people of Hawaii" and facilitates and furthers Native Hawaiian self-governance; and

     WHEREAS, the United Nations Declaration on the Rights of Indigenous Peoples states that "[i]ndigenous peoples have the right to self-determination", the "right to maintain, protect, and have access...to their religious and cultural sites", and "repatriation of their human remains"; and

     WHEREAS, the State and this body recognize that the Office of Hawaiian Affairs was constitutionally established as a trust vehicle to act on behalf of Native Hawaiians until a Native Hawaiian governing entity could be reestablished; and

     WHEREAS, the State Historic Preservation Division of the Department of Land and Natural Resources was established to administer a comprehensive historic preservation program pursuant to chapter 6E, Hawaii Revised Statutes; and

     WHEREAS, the State Historic Preservation Division is tasked with the identification and protection of historic burial sites, and, with respect to Native Hawaiian burial sites, is tasked with sharing decision-making over relocation or preservation in place, transfer, or other disposition of previously identified Native Hawaiian burial sites, with the State's island burial councils that were established pursuant to section 6E-43.5, Hawaii Revised Statutes; and

     WHEREAS, pursuant to H.R. No. 113, H.D. 1 (2021), and S.R. No. 171, S.D. 1 (2021), the Office of Hawaiian Affairs convened a Burial Sites Working Group in 2022 to investigate the matter of burial site treatment and to offer recommendations for improvements; and

     WHEREAS, the Burial Site Working Group took extensive community testimony as part of its fact-finding mandate and in its final report dated February 2023, made three key findings:

     (1)  The State had failed to adequately manage its burial law responsibilities, including a failure to provide, or advocate for the provision of, adequate resources to administer burial laws and a failure to adequately administer laws intended to protect Native Hawaiian burial sites;

     (2)  The State has demonstrated a lack of will to fulfill its burial law responsibilities; and

     (3)  There are fundamental inadequacies in the laws affecting burial sites; and

     WHEREAS, an opinion editorial entitled "Place the Kuleana with OHA", authored by Dr. Kēhaulani Abad and Edward Halealoha Ayau, a burial site expert and one of three authors of the 1990 amendments made to chapter 6E, Hawaii Revised Statutes, that established the island burial councils, was published in the June 1 issue of Ka Wai Ola and opined that the most effective manner by which to improve the care and protection of unmarked burial sites over fifty years old and the Hawaiian human remains inadvertently discovered is to transfer the burial site program from the State Historic Preservation Division to the Office of Hawaiian Affairs; and

     WHEREAS, section 10-3(3), Hawaii Revised Statutes, requires that the Office of Hawaiian Affairs serve as "the principal public agency in this State responsible for the performance, development, and coordination of programs and activities relating to native Hawaiians and Hawaiians"; and

     WHEREAS, section 10-3(4), Hawaii Revised Statutes, requires that the Office of Hawaiian Affairs advance the betterment of Native Hawaiians by assessing the effects of policies and practices of other state agencies on Native Hawaiians; and

     WHEREAS, the State Historic Preservation Division and Office of Hawaiian Affairs have identified several reoccurring challenges regarding both the Burial Sites Program and the Island Burial Councils; and

     WHEREAS, occasionally, the State Historic Preservation Division faces potential conflicts of interest, or the appearance of conflicts of interest, resulting from historic preservation reviews, inadvertent discoveries, descendancy claims, and making recommendations to the Island Burial Councils; and

     WHEREAS, these potential conflicts of interest may be resolved by transferring parts of the Burial Sites Program to another agency; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Office of Hawaiian Affairs is requested to convene a working group to examine and consider the transfer of Native Hawaiian burial site management under chapter 6E, Hawaii Revised Statutes, from the State Historic Preservation Division to the Office of Hawaiian Affairs; and

     BE IT FURTHER RESOLVED that the working group is requested to:

     (1)  Identify and determine which duties and responsibilities of the State Historic Preservation Division regarding the protection of Native Hawaiian burial sites and administration of the Island Burial Councils under chapter 6E, Hawaii Revised Statutes, may be shared with or assumed by the Office of Hawaiian Affairs;

     (2)  Consider the staff and financial resources of the Office of Hawaiian Affairs, legal requirements, technological needs, and other relevant factors in determining the feasibility of the Office of Hawaiian Affairs assuming these duties and responsibilities;

     (3)  Develop and recommend an implementation plan and associated timeline for the transfer of any duties, including any necessary statutory and administrative amendments to effectuate the transfer;

     (4)  Consider in its discussions whether implementing the recommendations made in the final report of the Burial Sites Working Group may improve the operation of the burial sites program and protection of Native Hawaiian burial sites;

     (5)  Identify and consider issues to improve legislation and develop recommendations for improving the process of protecting Native Hawaiian burial sites and the effectiveness of the current burial sites program under the State Historic Preservation Division; and

     (6)  Submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

     BE IT FURTHER RESOLVED that the working group is requested to consist of the following members:

     (1)  Two members representing the State Historic Preservation Division;

     (2)  Two members representing the Office of Hawaiian Affairs;

     (3)  One member from each Island Burial Council, to be selected by a majority vote of its respective members; and

     (4)  Five members from the community with expertise and experience in protecting Native Hawaiian burial sites, including but not limited to recognized lineal and cultural descendants, who self-identify and submit their names for selection by a majority vote of the working group;and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Attorney General, Chief Executive Officer of the Office of Hawaiian Affairs, Branch Chief of the History and Culture Branch of the State Historic Preservation Division, and Chairperson of each Island Burial Council.

Report Title: 

OHA; SHPD; Island Burial Councils; Burial Sites

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE OFFICE OF HAWAIIAN AFFAIRS TO CONVENE A WORKING GROUP TO EXAMINE AND CONSIDER THE TRANSFER OF NATIVE HAWAIIAN BURIAL SITE MANAGEMENT UNDER CHAPTER 6E, HAWAII REVISED STATUTES, FROM THE STATE HISTORIC PRESERVATION DIVISION TO THE OFFICE OF HAWAIIAN AFFAIRS.

     WHEREAS, the Legislature recognizes that it is the State's duty to protect the Native Hawaiian cultural and religious practice of caring for iwi kūpuna pursuant to article XII, section 7, of the Hawaii State Constitution; and

     WHEREAS, in enacting Act 104, Session Laws of Hawaii 1976, which established chapter 6E, Hawaii Revised Statutes, to codify the State's Historic Preservation program, the Legislature recognized and declared that historic properties and burial sites are included in the State's public trust, stating that "it shall be the public policy of this State to provide leadership in preserving, restoring, and maintaining historic and cultural property, to ensure the administration of such historic and cultural property in a spirit of stewardship and trusteeship for future generations, and to conduct activities, plans, and programs in a manner consistent with the preservation and enhancement of historic and cultural property"; and

     WHEREAS, in 1990, the Legislature amended section 6E-43, Hawaii Revised Statutes, to include language stating that "at any site, other than a known, maintained, actively used cemetery where human skeletal remains are discovered or are known to be buried and appear to be over fifty years old, the remains and their associated burial goods shall not be moved without the department's approval"; and

     WHEREAS, the amendments made to section 6E-43, Hawaii Revised Statutes, also included language stating that "all burial sites are significant and shall be preserved in place until compliance with this section is met"; and

     WHEREAS, chapter 10H, Hawaii Revised Statutes, formally recognizes Native Hawaiians as the "only indigenous, aboriginal, maoli people of Hawaii" and facilitates and furthers Native Hawaiian self-governance; and

     WHEREAS, the United Nations Declaration on the Rights of Indigenous Peoples states that "[i]ndigenous peoples have the right to self-determination", the "right to maintain, protect, and have access...to their religious and cultural sites", and "repatriation of their human remains"; and

     WHEREAS, the State and this body recognize that the Office of Hawaiian Affairs was constitutionally established as a trust vehicle to act on behalf of Native Hawaiians until a Native Hawaiian governing entity could be reestablished; and

     WHEREAS, the State Historic Preservation Division of the Department of Land and Natural Resources was established to administer a comprehensive historic preservation program pursuant to chapter 6E, Hawaii Revised Statutes; and

     WHEREAS, the State Historic Preservation Division is tasked with the identification and protection of historic burial sites, and, with respect to Native Hawaiian burial sites, is tasked with sharing decision-making over relocation or preservation in place, transfer, or other disposition of previously identified Native Hawaiian burial sites, with the State's island burial councils that were established pursuant to section 6E-43.5, Hawaii Revised Statutes; and

     WHEREAS, pursuant to H.R. No. 113, H.D. 1 (2021), and S.R. No. 171, S.D. 1 (2021), the Office of Hawaiian Affairs convened a Burial Sites Working Group in 2022 to investigate the matter of burial site treatment and to offer recommendations for improvements; and

     WHEREAS, the Burial Site Working Group took extensive community testimony as part of its fact-finding mandate and in its final report dated February 2023, made three key findings:

     (1)  The State had failed to adequately manage its burial law responsibilities, including a failure to provide, or advocate for the provision of, adequate resources to administer burial laws and a failure to adequately administer laws intended to protect Native Hawaiian burial sites;

     (2)  The State has demonstrated a lack of will to fulfill its burial law responsibilities; and

     (3)  There are fundamental inadequacies in the laws affecting burial sites; and

     WHEREAS, an opinion editorial entitled "Place the Kuleana with OHA", authored by Dr. Kēhaulani Abad and Edward Halealoha Ayau, a burial site expert and one of three authors of the 1990 amendments made to chapter 6E, Hawaii Revised Statutes, that established the island burial councils, was published in the June 1 issue of Ka Wai Ola and opined that the most effective manner by which to improve the care and protection of unmarked burial sites over fifty years old and the Hawaiian human remains inadvertently discovered is to transfer the burial site program from the State Historic Preservation Division to the Office of Hawaiian Affairs; and

     WHEREAS, section 10-3(3), Hawaii Revised Statutes, requires that the Office of Hawaiian Affairs serve as "the principal public agency in this State responsible for the performance, development, and coordination of programs and activities relating to native Hawaiians and Hawaiians"; and

     WHEREAS, section 10-3(4), Hawaii Revised Statutes, requires that the Office of Hawaiian Affairs advance the betterment of Native Hawaiians by assessing the effects of policies and practices of other state agencies on Native Hawaiians; and

     WHEREAS, the State Historic Preservation Division and Office of Hawaiian Affairs have identified several reoccurring challenges regarding both the Burial Sites Program and the Island Burial Councils; and

     WHEREAS, occasionally, the State Historic Preservation Division faces potential conflicts of interest, or the appearance of conflicts of interest, resulting from historic preservation reviews, inadvertent discoveries, descendancy claims, and making recommendations to the Island Burial Councils; and

     WHEREAS, these potential conflicts of interest may be resolved by transferring parts of the Burial Sites Program to another agency; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Office of Hawaiian Affairs is requested to convene a working group to examine and consider the transfer of Native Hawaiian burial site management under chapter 6E, Hawaii Revised Statutes, from the State Historic Preservation Division to the Office of Hawaiian Affairs; and

     BE IT FURTHER RESOLVED that the working group is requested to:

     (1)  Identify and determine which duties and responsibilities of the State Historic Preservation Division regarding the protection of Native Hawaiian burial sites and administration of the Island Burial Councils under chapter 6E, Hawaii Revised Statutes, may be shared with or assumed by the Office of Hawaiian Affairs;

     (2)  Consider the staff and financial resources of the Office of Hawaiian Affairs, legal requirements, technological needs, and other relevant factors in determining the feasibility of the Office of Hawaiian Affairs assuming these duties and responsibilities;

     (3)  Develop and recommend an implementation plan and associated timeline for the transfer of any duties, including any necessary statutory and administrative amendments to effectuate the transfer;

     (4)  Consider in its discussions whether implementing the recommendations made in the final report of the Burial Sites Working Group may improve the operation of the burial sites program and protection of Native Hawaiian burial sites;

     (5)  Identify and consider issues to improve legislation and develop recommendations for improving the process of protecting Native Hawaiian burial sites and the effectiveness of the current burial sites program under the State Historic Preservation Division; and

     (6)  Submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

     BE IT FURTHER RESOLVED that the working group is requested to consist of the following members:

     (1)  Two members representing the State Historic Preservation Division;

     (2)  Two members representing the Office of Hawaiian Affairs;

     (3)  One member from each Island Burial Council, to be selected by a majority vote of its respective members; and

     (4)  Five members from the community that self-identify and represent unique Native Hawaiian organizations with expertise and experience in protecting Native Hawaiian burial sites, to be selected randomly by the working group from a list of submitted names; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Attorney General, Chief Executive Officer of the Office of Hawaiian Affairs, Branch Chief of the History and Culture Branch of the State Historic Preservation Division, and Chairperson of each Island Burial Council.

Report Title: 

OHA; SHPD; Island Burial Councils; Burial Sites

HOUSE CONCURRENT

RESOLUTION

requesting the office of hawaiian affairs to convene a working group to examine and consider the transfer of native hawaiian burial site management UNDER CHAPTER 6E, hawaii revised Statutes, from the state historic preservation division to the office of hawaiian affairs.

     WHEREAS, the Legislature recognizes that it is the State's duty to protect the Native Hawaiian cultural and religious practice of caring for iwi kūpuna pursuant to article XII, section 7, of the Hawaii State Constitution; and

     WHEREAS, in enacting Act 104, Session Laws of Hawaii 1976, which established chapter 6E, Hawaii Revised Statutes, to codify the State's Historic Preservation program, the Legislature recognized and declared that historic properties and burial sites are included in the State's public trust, stating that "it shall be the public policy of this State to provide leadership in preserving, restoring, and maintaining historic and cultural property, to ensure the administration of such historic and cultural property in a spirit of stewardship and trusteeship for future generations, and to conduct activities, plans, and programs in a manner consistent with the preservation and enhancement of historic and cultural property"; and

     WHEREAS, in 1990, the Legislature amended section 6E-43, Hawaii Revised Statutes, to include language stating that "at any site, other than a known, maintained, actively used cemetery where human skeletal remains are discovered or are known to be buried and appear to be over fifty years old, the remains and their associated burial goods shall not be moved without the department's approval"; and

     WHEREAS, the amendments made to section 6E-43 also included language stating that "all burial sites are significant and shall be preserved in place until compliance with this section is met"; and

     WHEREAS, chapter 10H, Hawaii Revised Statutes, formally recognizes Native Hawaiians as the "only indigenous, aboriginal, maoli people of Hawaii" and facilitates and furthers Native Hawaiian self-governance; and

     WHEREAS, the United Nations Declaration on the Rights of Indigenous Peoples states that "[i]ndigenous peoples have the right to self-determination", the "right to maintain, protect, and have access...to their religious and cultural sites", and "repatriation of their human remains"; and

     WHEREAS, the State and Legislature recognize that the Office of Hawaiian Affairs was constitutionally established as a trust vehicle to act on behalf of Native Hawaiians until a Native Hawaiian governing entity could be reestablished; and

     WHEREAS, the State Historic Preservation Division of the Department of Land and Natural Resources was established to administer a comprehensive historic preservation program pursuant to chapter 6E, Hawaii Revised Statutes; and

     WHEREAS, the State Historic Preservation Division is tasked with the identification and protection of historic burial sites, and, with respect to Native Hawaiian burial sites, is tasked with sharing decision-making over relocation or preservation in place, transfer, or other disposition of previously identified Native Hawaiian burial sites, with the State's island burial councils that were established pursuant to section 6E-43.5, Hawaii Revised Statutes; and

     WHEREAS, pursuant to H.R. No. 113, HD1 (2021), and S.R. No. 171, SD1 (2021), the Office of Hawaiian Affairs convened a Burial Sites Working Group in 2022 to investigate the matter of burial site treatment and to offer recommendations for improvements; and

     WHEREAS, the Burial Site Working Group took extensive community testimony as part of its fact-finding mandate and in its final report dated February 2023, made three key findings:

     (1)  The State had failed to adequately manage its burial law responsibilities, including a failure to provide, or advocate for the provision of, adequate resources to administer burial laws and a failure to adequately administer laws intended to protect Native Hawaiian burial sites;

     (2)  The State has demonstrated a lack of will to fulfill its burial law responsibilities; and

     (3)  There are fundamental inadequacies in the laws affecting burial sites; and

     WHEREAS, an opinion editorial entitled "Place the Kuleana with OHA", authored by Dr. Kēhaulani Abad and Edward Halealoha Ayau, a burial site expert and one of three authors of the 1990 amendments made to chapter 6E, Hawaii Revised Statutes, that established the island burial councils, was published in the June 1 issue of Ka Wai Ola and opined that the most effective manner by which to improve the care and protection of unmarked burial sites over fifty years old and the Hawaiian human remains inadvertently discovered is to transfer the burial site program from the State Historic Preservation Division to the Office of Hawaiian Affairs; and

     WHEREAS, section 10-3(3), Hawaii Revised Statutes, requires that the Office of Hawaiian Affairs serve as "the principal public agency in this State responsible for the performance, development, and coordination of programs and activities relating to native Hawaiians and Hawaiians"; and

     WHEREAS, section 10-3(4), Hawaii Revised Statutes, requires that the Office of Hawaiian Affairs advance the betterment of Native Hawaiians by assessing the effects of policies and practices of other state agencies on Native Hawaiians; and

     WHEREAS, the State Historic Preservation Division and Office of Hawaiian Affairs have identified several reoccurring challenges regarding both the Burial Sites Program and the Island Burial Councils; and

     WHEREAS, occasionally, the State Historic Preservation Division faces potential conflicts of interest, or the appearance of conflicts of interest, resulting from historic preservation reviews, inadvertent discoveries, descendancy claims, and making recommendations to the Island Burial Councils; and

     WHEREAS, these potential conflicts of interest may be resolved by transferring parts of the Burial Sites Program to another agency; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Office of Hawaiian Affairs is requested to convene a working group to examine and consider the transfer of Native Hawaiian burial site management under chapter 6E, Hawaii Revised Statutes, from the State Historic Preservation Division to the Office of Hawaiian Affairs; and

     BE IT FURTHER RESOLVED that the working group is requested to:

     (1)  Identify and determine which duties and responsibilities of the State Historic Preservation Division regarding the protection of Native Hawaiian burial sites and administration of the Island Burial Councils under chapter 6E, Hawaii Revised Statutes, may be shared with or assumed by the Office of Hawaiian Affairs;

     (2)  Consider the staff and financial resources of the Office of Hawaiian Affairs, legal requirements, technological needs, and other relevant factors, in determining whether it is feasible for the Office of Hawaiian Affairs to assume these duties and responsibilities;

     (3)  Develop and recommend an implementation plan and associated timeline for the transfer of any duties, including any necessary statutory and administrative amendments to effectuate the transfer;

     (4)  Consider in its discussions whether implementing the recommendations made in the final report of the Burial Sites Working Group may improve the operation of the burial sites program and protection of Native Hawaiian burial sites; and

     (5)  Submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

     BE IT FURTHER RESOLVED that the working group is requested to comprise the following members:

     (1)  Two members representing the State Historic Preservation Division;

     (2)  Two members representing the Office of Hawaiian Affairs;

     (3)  One member from each Island Burial Council, to be selected by a majority vote of its respective members; and

     (4)  One member representing Hua Iwi Kaumoʻo, the leading repatriation and reburial advocacy organization; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Attorney General, Chief Executive Officer of the Office of Hawaiian Affairs, Branch Chief of the History and Culture Branch of the State Historic Preservation Division, Chairperson of each Island Burial Council, and Executive Director of Hua Iwi Kaumoʻo.

Report Title: 

OHA; SHPD; Island Burial Councils; Burial Sites

STAND. COM. REP. NO.  1851

Honolulu, Hawaii

                , 2025

RE:   H.C.R. No. 193

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.C.R. No. 193, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE OFFICE OF HAWAIIAN AFFAIRS TO CONVENE A WORKING GROUP TO EXAMINE AND CONSIDER THE TRANSFER OF NATIVE HAWAIIAN BURIAL SITE MANAGEMENT UNDER CHAPTER 6E, HAWAII REVISED STATUTES, FROM THE STATE HISTORIC PRESERVATION DIVISION TO THE OFFICE OF HAWAIIAN AFFAIRS,"

begs leave to report as follows:

     The purpose of this measure is to request the Office of Hawaiian Affairs (OHA) to convene a working group to examine the possibility of transferring the management of Native Hawaiian burial sites from the State Historic Preservation Division (SHPD) to OHA. The working group is tasked with making recommendations on how to enhance the effectiveness of the burial sites program, addressing issues in legislation, and potentially improving the process for protecting Native Hawaiian burial sites.  

            Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Ko’olauloa Civic Club; the Health Committee of the Democratic Party of Hawai’i; and from twelve individuals. Your Committee received testimony in opposition of this measure from two individuals.  

Your Committee finds that the protection of Native Hawaiian burial sites is a critical cultural and historical responsibility. Convening a working group to explore transferring management from SHPD to OHA will help assess how to enhance oversight, improve legislative frameworks, and strengthen burial site protections. This effort seeks to ensure that stewardship aligns with Native Hawaiian values and community priorities.

Your Committee has amended this measure by editing the community membership provision at page 5 line 31-35 by:

(1)    Striking out language that reads "that self-identify and represent unique Native Hawaiian Organizations"; and

(2)    Adding in language to read "including but not limited to recognized lineal and cultural descendants, who self-identify and submit their names for selection by a majority"; and

(3)    Striking out the language that reads "to be selected randomly by the working group from a list of submitted names".

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 193, H.D. 1, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 193, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  1695

Honolulu, Hawaii

                , 2025

RE:   H.C.R. No. 193

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.C.R. No. 193 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE OFFICE OF HAWAIIAN AFFAIRS TO CONVENE A WORKING GROUP TO EXAMINE AND CONSIDER THE TRANSFER OF NATIVE HAWAIIAN BURIAL SITE MANAGEMENT UNDER CHAPTER 6E, HAWAII REVISED STATUTES, FROM THE STATE HISTORIC PRESERVATION DIVISION TO THE OFFICE OF HAWAIIAN AFFAIRS,"

begs leave to report as follows:

     The purpose of this measure is to request the Office of Hawaiian Affairs to convene a working group to examine and consider the transfer of Native Hawaiian burial site management under chapter 6E, Hawaii Revised Statutes, from the State Historic Preservation Division to the Office of Hawaiian Affairs.  

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Ohana Unity Party; Pilina Center for Wellbeing; Ko‘olauloa Hawaiian Civic Club; Pu‘uhonua o Wailupe; Nohopapa Hawai‘i, LLC; Huliauapa‘a; Environmental Caucus of the Democratic Party of Hawai‘i; Kahua O Kakou, Hui (Corp) Humu‘ula Kala‘i‘eha LLC; Hui Iwi Kuamo‘o; and numerous individuals.  Your Committee received testimony in opposition to this measure from Malama Kakanilua and six individuals.  Your Committee received comments on this measure from the Department of Land and Natural Resources and one individual.

     Your Committee finds that the State has a statutory duty to provide leadership in the preservation, maintenance, and restoration of historic properties and burial artifacts.  Currently, the responsibility for the management of Native Hawaiian burial sites falls under the purview of the appropriate Island Burial Council, which is overseen by the State Historic Preservation Division.  However, your Committee finds that the State Historic Preservation Division's broader mission to protect and maintain all historic properties has led to conflicts of interest regarding burial sites and fundamental inadequacies in the laws affecting burial sites.  Your Committee believes that an appropriate first step to address these inadequacies is to consider whether oversight of Native Hawaiian burial sites should be moved out of the State Historic Preservation Division and into the Office of Hawaiian Affairs, whose mission of advancing the betterment of Native Hawaiians may provide a better fit for appropriately carrying out the State's burial law responsibilities.

     Your Committee has amended this measure by:

     (1)  Requesting the working group to also consider certain issues and recommend improvements to the process of protecting burial sites and to the effectiveness of the current burial sites program;

     (2)  Amending the composition of the working group; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 193, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as H.C.R. No. 193, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Water & Land,