Hawaii Senate Bill SCR161

Hawaii 2025 Regular Session

• Introduced: 3/7/25
• Refer: 3/12/25
• Report Pass: 4/2/25
• Engrossed: 4/3/25
• Refer: 4/4/25

Caption

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.

Summary

SCR161 is a Senate Concurrent Resolution requesting the Office of Hawaiian Affairs (OHA) to convene a working group to examine whether management of Native Hawaiian burial sites under chapter 6E, Hawaii Revised Statutes, should be transferred from the State Historic Preservation Division (SHPD) to OHA. The resolution is framed around the State’s constitutional duty to protect Native Hawaiian cultural and religious practices, the public-trust status of burial sites, and concerns that the current system has not adequately protected iwi kūpuna. The working group would be asked to identify which SHPD duties could be shared or assumed by OHA, assess whether OHA has the staffing, funding, legal authority, and technology to take on those duties, and develop an implementation plan and timeline. It would also consider whether recommendations from OHA’s earlier Burial Sites Working Group could improve burial-site administration, and it must report findings and any proposed legislation to the Legislature before the 2027 session.

Impact

Because SCR161 is a concurrent resolution rather than a bill amending statute, it does not itself change chapter 6E or transfer authority. Instead, it directs OHA to study the issue and potentially recommend future statutory and administrative changes. If followed by legislation, the proposal could shift some or all burial-site management responsibilities, including aspects of the Island Burial Councils’ work, from SHPD to OHA and alter how Native Hawaiian burial sites are reviewed, protected, and managed under state law.

Sentiment

The overall sentiment appears supportive of reexamining the current burial-site governance structure and moving toward a more Native Hawaiian-centered approach. The resolution cites prior community testimony, a 2023 working group report, and an editorial arguing that OHA is better positioned to protect burial sites, suggesting substantial concern with the status quo. The recorded committee vote was unanimous in favor in Senate Hawaiian Affairs, with 5 yeas and 0 nays, indicating strong support at that stage.

Contention

The main point of contention is institutional responsibility: whether SHPD should continue to lead burial-site management or whether OHA should assume greater authority. Supporters of the resolution emphasize alleged under-resourcing, inadequate administration, and potential conflicts of interest within SHPD, while the resolution also acknowledges the need to evaluate OHA’s capacity and legal readiness before any transfer. Another area of concern is how to preserve the role of Island Burial Councils and whether any transfer would improve, rather than complicate, protection of burial sites and treatment of inadvertent discoveries.