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,

____________________________

DAVID A. TARNAS, Chair