Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Science, Arts, and Technology and Water, Land, and Agriculture, to which was referred H.C.R. No. 165 entitled:

beg leave to report as follows:

The purpose of this measure is to request the Department of Land and Natural Resources to provide a comprehensive explanation regarding its process for selecting and submitting candidates to the Governor for appointment to the Island Burial Councils.

This measure also requests the Auditor to investigate the selection process utilized by the Department of Land and Natural Resources in order to determine if there were deviations from the statutory as well as administrative requirements regarding the selection of candidates for the Island Burial Councils.

Testimony in support of the measure was received from the Native Hawaiian Legal Corporation and three individuals. Testifying in opposition to the measure was the Office of the Governor and the Department of Land and Natural Resources.

Your Committees find that the process utilized by the Department of Land and Natural Resources to select and submit the names of individuals to the Governor for appointment to serve on Island Burial Councils across the State has been marked by delays and questionable conduct. For example, the Department of Land and Natural Resources failed to submit the name of at least one qualified individual recommended by the Office of Hawaiian Affairs to the Governor for appointment to the Island Burial Councils.

Your Committees find that this incident is reflective of a pattern of questionable conduct on the part of the Department of Land and Natural Resources that has resulted in a significant increase in the number of vacancies on Island Burial Councils across the State. This increase in the number of vacancies ultimately delays amd frustrates the work of the Island Burial Councils, which involves making crucial determinations regarding the preservation or relocation of previously identified Native Hawaiian burial sites.

Your Committees have amended this measure by requesting that the Auditor obtain the consent or approval of candidates eligible for appointment to the Island Burial Councils prior to disclosing any identifying information of a particular candidate as part of its investigation into the Department of Land and Natural Resources selection process.

As affirmed by the records of votes of the members of your Committees on Science, Arts, and Technology and Water, Land, and Agriculture that are attached to this report, your Committees concur with the intent and purpose of H.C.R. No. 165, as amended herein, and recommend its adoption in the form attached hereto as H.C.R. No. 165, S.D. 1.