SB 1266: RELATING TO BURIAL SITES.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-02-13
Current Status:
Failed
(2025-12-08: Carried over to 2026 Regular Session.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Establishes an inter-division program within the Department of Land and Natural Resources consisting of certain agencies to address the location, movement, and restoration of Hawaiian burial sites or ‘iwi, exposed or likely to be exposed by coastal erosion. Requires a report to the Legislature. Appropriates funds. Effective 7/1/2050. (SD1)
Establishes an inter-division program within the Department of Land and Natural Resources consisting of certain agencies to address the location, movement, and restoration of Hawaiian burial sites or ‘iwi, exposed or likely to be exposed by coastal erosion. Requires a report to the Legislature. Makes appropriations.
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THE SENATE |
S.B. NO. |
1266 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO BURIAL SITES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that traditional Hawaiian burials play a critical role in Hawaiian culture. A recognized traditional Hawaiian practice for treatment of human remains involves reducing the remains to its skeletal remains, known as ‘iwi, and interring the ‘iwi in a hanaʻi made of kapa or lauhala. The cultural significance of ‘iwi is deeply rooted in Native Hawaiian oral traditions, language, and culture. Native Hawaiian burial traditions acknowledge the natural cycles of life and death. ‘Iwi are vital to the perpetuation of living Native Hawaiians, as they are the lasting embodiment of ancestors and a continuous genealogical link from past, present, and future generations.
The legislature further finds that coastal erosion is an increasing threat to Hawaiian burial sites. The effects of climate change pose a significant threat to ‘iwi exposed or likely to be exposed by coastal erosion caused by rising sea levels. Recent extreme weather events such as torrential rains and king tides have catalyzed coastal erosion in low-lying areas, which increase the likelihood of landslides and high surface runoff. Unidentified ‘iwi in coastal areas are at severe risk of being exposed and compromised by coastal erosion that may impact burial sites as early as 2030.
Accordingly, the purpose of this Act is to create an inter-division program within the department of land and natural resources consisting of certain agencies to address the location of Hawaiian burial sites and safe movement and restoration of ‘iwi that are exposed or likely to be exposed due to coastal erosion.
SECTION 2. (a) The state historic preservation division of the department of land and natural resources shall establish an inter-division program to address the location, movement, relocation, and restoration of Hawaiian burial sites that are exposed or likely to be exposed by coastal erosion due to climate change. The state historic preservation division shall collaborate with the land division, office of conservation and coastal lands, island burial councils, office of Hawaiian affairs, and Aha Moku in the development of the program.
(b) The inter-division program shall:
(1) Examine the fiscal impacts of the movement and relocation of ‘iwi affected by coastal erosion to locations inland that maintain lineal genealogical or cultural connections;
(2) Take appropriate steps to move and relocate ‘iwi from impacted burial sites to areas further inland within the same moku; provided that recognized lineal or cultural descendants approve of the relocation; and
(3) Provide guidance and technical assistance to communities, organizations, and other stakeholders with lineal genealogical or cultural connections to the impacted ‘iwi.
(c) The state historic preservation division may adopt rules in accordance with chapter 91, Hawaii Revised Statutes, to carry out the purposes of this section.
(d) The inter-division program shall collaborate with interested stakeholders, including appropriate Hawaiian organizations, property owners, community organizations, and other state and county government agencies and private organizations concerned with the location and movement of ‘iwi from areas impacted by coastal erosion caused by climate change.
(e) The state historic preservation division shall 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.
SECTION 3. For ‘iwi found, the office of Hawaiian affairs shall cover costs related to the movement and relocation of ‘iwi impacted by coastal erosion. For non-Hawaiian human remains, the department of land and natural resources shall utilize funds appropriated in this Act to move and relocate remains in areas impacted by coastal erosion.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the development of policies and procedures to advance the purposes of this Act and for the movement and restoration of non-Hawaiian burial sites impacted by coastal erosion or likely to be impacted by coastal erosion.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
DLNR; Inter-Division Program; Burial Sites; Relocation; Coastal Erosion; Report; Appropriations
Description:
Establishes an inter-division program within the Department of Land and Natural Resources consisting of certain agencies to address the location, movement, and restoration of Hawaiian burial sites or ‘iwi, exposed or likely to be exposed by coastal erosion. Requires a report to the Legislature. Appropriates funds. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
1266 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
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|
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|
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||
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|
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A BILL FOR AN ACT
RELATING TO BURIAL SITES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that traditional Hawaiian burials play a critical role in Hawaiian culture. A recognized traditional Hawaiian practice for treatment of human remains involves reducing the remains to its skeletal remains, known as ‘iwi, and interring the ‘iwi in a hanaʻi made of kapa or lauhala. The cultural significance of ‘iwi is deeply rooted in Native Hawaiian oral traditions, language, and culture. Native Hawaiian burial traditions acknowledge the natural cycles of life and death. ‘Iwi are vital to the perpetuation of living Native Hawaiians, as they are the lasting embodiment of ancestors and a continuous genealogical link from past, present, and future generations.
The legislature further finds that coastal erosion is an increasing threat to Hawaiian burial sites. The effects of climate change pose a significant threat to ‘iwi exposed or likely to be exposed by coastal erosion caused by rising sea levels. Recent extreme weather events such as torrential rains and king tides have catalyzed coastal erosion in low-lying areas, which increase the likelihood of landslides and high surface runoff. Unidentified ‘iwi in coastal areas are at severe risk of being exposed and compromised by coastal erosion that may impact burial sites as early as 2030.
Accordingly, the purpose of this Act is to create an inter-division program within the department of land and natural resources consisting of certain agencies to address the location of Hawaiian burial sites and safe movement and restoration of ‘iwi that are exposed or likely to be exposed due to coastal erosion.
SECTION 2. (a) The state historic preservation division of the department of land and natural resources shall establish an inter-division program to address the location, movement, relocation, and restoration of Hawaiian burial sites that are exposed or likely to be exposed by coastal erosion due to climate change. The state historic preservation division shall collaborate with the land division, office of conservation and coastal lands, island burial councils, office of Hawaiian affairs, and Aha Moku in the development of the program.
(b) The inter-division program shall:
(1) Examine the fiscal impacts of the movement and relocation of ‘iwi affected by coastal erosion to locations inland that maintain lineal genealogical or cultural connections;
(2) Take appropriate steps to move and relocate ‘iwi from impacted burial sites to areas further inland within the same moku; provided that recognized lineal or cultural descendants approve of the relocation; and
(3) Provide guidance and technical assistance to communities, organizations, and other stakeholders with lineal genealogical or cultural connections to the impacted ‘iwi.
(c) The state historic preservation division may adopt rules in accordance with chapter 91, Hawaii Revised Statutes, to carry out the purposes of this section.
(d) The inter-division program shall collaborate with interested stakeholders, including appropriate Hawaiian organizations, property owners, community organizations, and other state and county government agencies and private organizations concerned with the location and movement of ‘iwi from areas impacted by coastal erosion caused by climate change.
(e) The state historic preservation division shall 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 2026.
SECTION 3. For ‘iwi found, the office of Hawaiian affairs shall cover costs related to the movement and relocation of ‘iwi impacted by coastal erosion. For non-Hawaiian human remains, the department of land and natural resources shall utilize funds appropriated in this Act to move and relocate remains in areas impacted by coastal erosion.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the development of policies and procedures to advance the purposes of this Act and for the movement and restoration of non-Hawaiian burial sites impacted by coastal erosion or likely to be impacted by coastal erosion.
The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 5. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
DLNR; Inter-Division Program; Burial Sites; Relocation; Coastal Erosion; Report; Appropriations
Description:
Establishes an inter-division program within the Department of Land and Natural Resources consisting of certain agencies to address the location, movement, and restoration of Hawaiian burial sites or ‘iwi, exposed or likely to be exposed by coastal erosion. Requires a report to the Legislature. Makes appropriations.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Feb 14, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Feb 14, 2025 | Reported from WTL/HWN (Stand. Com. Rep. No. 602) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Feb 7, 2025 | The committee(s) on HWN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HWN were as follows: 3 Aye(s): Senator(s) Richards, DeCorte; Aye(s) with reservations: Senator(s) Keohokalole ; 0 No(es): none; and 2 Excused: Senator(s) San Buenaventura, Ihara. |
| Feb 7, 2025 | The committee(s) on WTL recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WTL were as follows: 4 Aye(s): Senator(s) Inouye, Elefante, Chang, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey. |
| Feb 4, 2025 | The committee(s) on WTL/HWN has scheduled a public hearing on 02-07-25 1:16PM; Conference Room 229 & Videoconference. |
| Jan 27, 2025 | Referred to WTL/HWN, WAM. |
| Jan 23, 2025 | Introduced and passed First Reading. |
| Jan 21, 2025 | Pending Introduction. |
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Date
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Description
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Location
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Votes
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| Feb 7, 2025 | The committee(s) on HWN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Hawaiian Affairs |
Passed |
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| Feb 7, 2025 | The committee(s) on WTL recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Water and Land |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Department of Land and Natural Resources | ** Support |
STAND. COM. REP. NO. 602
Honolulu, Hawaii
RE: S.B. No. 1266
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Water and Land and Hawaiian Affairs, to which was referred S.B. No. 1266 entitled:
"A BILL FOR AN ACT RELATING TO BURIAL SITES,"
beg leave to report as follows:
The purpose and intent of this measure is to create an inter-division program within the Department of Land and Natural Resources consisting of certain agencies to address the location of Hawaiian burial sites and save movement and restoration of iwi that are exposed or likely to be exposed due to coastal erosion.
Your Committees received testimony in support of this measure from the Department of Land and Natural Resources.
Your Committees find that sea level rise caused by climate change threatens to expose Hawaiian burial sites and the iwi interred therein. Your Committees further find that saving iwi that are exposed or at risk of exposure is necessary because these burial sites and iwi are vital parts of Hawaiian culture that serve as ancestral links to the past. This measure will provide the resources and coordination to effectively and proactively protect Hawaiian burial sites and iwi that are endangered by coastal erosion and climate change.
Your Committees note the concern raised by the Department of Land and Natural Resources regarding the proposed deadline of twenty days prior to the convening of the Regular Session of 2026 for the report.
Accordingly, you Committees have amended this measure by:
(1) Extending the deadline of the report required by this measure to twenty days prior to the convening of the Regular Session of 2027; and
(2) Inserting an effective date of July 1, 2050, to encourage further discussion.
As affirmed by the records of votes of the members of your Committees on Water and Land and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1266, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1266, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Water and Land and Hawaiian Affairs,
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________________________________ HERBERT M. RICHARDS, III, Chair |
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________________________________ LORRAINE R. INOUYE, Chair |
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Date
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Testimony PDF
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| Feb 7, 2025 | SB1266_TESTIMONY_WTL-HWN_02-07-25_.PDF |
Bill Author
Bill Co-Author(s):
