Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.C.R. No. 165 entitled:

begs leave to report as follows:

The purpose for this concurrent resolution is to address the issue of how the Department of Land and Natural Resources (DLNR) selects candidates to be considered by the Governor for appointment to the Island Burial Councils and to hold DLNR accountable for its decisions to include or eliminate qualified candidates from the list sent to the Governor for appointment.

Na Kupuna Moku O Keawe, Hui Malama I Na Kupuna O Hawaii Nei, Ilioulaokalani Coalition and several concerned citizens submitted testimony in support of this concurrent resolution. The Office of the Governor and DLNR testified in opposition to this measure citing that this concurrent resolution is unnecessary and that most of the information requested in this measure is restricted from public disclosure under the Uniform Information Practices Act, Chapter 92F, Hawaii Revised Statutes.

Your Committee finds that fully-staffed Island Burial Councils should be full partners in overseeing the disposition of all burial issues and should be given every possible opportunity to make determinations involving "previously identified" burials. Your Committee further finds that effective management of this program would not allow delays in appointments to the Island Burial Councils.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 165 and recommends its adoption.