STAND. COM, REP. NO. 156,5
Honolulu, Hawaii
APR 0 2 2025
RE: S.C.R. No. 161
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committee on Hawaiian Affairs, to which was referred
S.C.R. No. 161 entitled:
"SENATE CONCURRENT RESOLUTION REQUESTING THE OFFICE OF
HAWAIIAJSr AFFAIRS TO CONVENE A WORKING GROUP TO EXAMINE TiND
CONSIDER THE TRANSFER OF NATIVE HAWAIITkN 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 and intent 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; Hui Iwi Kuamo‘o; Ko‘olauloa
Hawaiian Civic Club; Nohopapa Hawai‘i, LLC; Kahua 0 Humu‘ula
Kala‘i‘eha LLC; and twenty-two individuals.
Your Committee received testimony in opposition to this
measure from two individuals.
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Your Committee received comments on this measure from one
individual.
Your Committee finds that it is the duty of the State under
the Hawaii State Constitution to protect the Native Hawaiian
cultural and religious practice of caring for iwi kupuna. This
duty is further enshrined in chapter 6E, Hawaii Revised Statutes,
which declares the public policy of the State is to preserve and
steward burial sites as a matter of a sacred trust to the public.
However, decades of community testimony and experience have shown
that the institutional structures in place to carry out these
duties are not functioning as they were intended. Your Committee
further finds that a working group provides a needed opportunity
to explore whether shifting the Native Hawaiian burial sites
program from the State Historic Preservation Division to a Native
Hawaiian-led agency could better reflect the cultural values,
legal principles, and community expectations that the law was
designed to uphold. Accordingly, this measure requests the Office
of Hawaiian Affairs to convene a working group to carefully
examine which Native Hawaiian burial site management duties and
responsibilities may be appropriately assumed by the Office, while
taking into account its capacity, legal requirements, staffing and
funding needs, and best interests of iwi kupuna and descendant
communities.
Your Committee has amended this measure by.
(1) Adding language requesting the working group to also
include up to five members of 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
(2) Making technical, nonsubstantive amendments for the
purposes of clarity and consistency.
As affirmed by the record of votes of the members of your
Committee on Hawaiian Affairs that is attached to this report,
your Committee concurs with the intent and purpose of S.C.R.
No. 161, as amended herein, and recommends its adoption in the
form attached hereto as S.C.R. No. 161, S.D. 1.
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 STAND. COM. REP. NO.
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Respectfully submitted on
behalf of the members of the
Committee on Hawaiian Affairs,
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 The Senate
Thirty-Third Legislature
State of Hawaii
Record of Votes
Committee on Hawaiian Affairs
HWN
Bill / Resolution No.:* Committee Referral: Date:
l&l
__ The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to:___________________________________
The Recommendation is:
__ Pass, unamended Pass, with amendments __ Hold __ Recommit
2312 2311_______________ 2310________ 2313
Members Aye ^Aye (WR) Nay Excused
RICHARDS, ill, Herbert M. “Tim" (C)
SAN BUENAVENTURA, Joy A. (VC)
IHARA, Jr., Les
KEOHOKALOLE, Jarrett
DECORTE, Samantha
TOTAL
Recommendation:
IzT Adopted __ Not Adopted
Chair’s or Designee’s Signature:
JJistribution: Yellow Pink Goldenrod
File with Committee Report Clerk's Office Draftinq Aqency Committee File Copy
*Only one measure per Record of Votes
Revised: 12/09/24