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.
SR130 is a Senate 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 frames the issue as one of cultural stewardship, Native Hawaiian self-governance, and improved protection of iwi kūpuna, citing the State’s constitutional duty to protect Native Hawaiian cultural and religious practices and the public-trust status of burial sites.
The working group would be asked to identify which SHPD duties could be shared or assumed by OHA, assess OHA’s staffing, funding, legal, and technological capacity, and develop an implementation plan and timeline for any transfer. It must also consider whether recommendations from OHA’s prior Burial Sites Working Group could improve burial site protection, and it must report findings and any proposed legislation to the Legislature before the 2027 session. The resolution also specifies a multi-stakeholder membership structure including SHPD, OHA, Island Burial Councils, community experts, and Hui Iwi Kuamoʻo.
SR130 does not itself change state law, but it initiates a formal study process that could lead to future statutory and administrative amendments affecting chapter 6E and the operation of the burial sites program. If the working group recommends transfer or shared authority, the proposal could shift responsibilities for Native Hawaiian burial site protection and Island Burial Council administration from SHPD within DLNR to OHA, potentially altering agency roles, decision-making authority, and resource allocations.
The overall sentiment reflected in the resolution and its committee action is supportive of exploring a transfer, with the bill passing Senate Hawaiian Affairs 5-0 with amendments. The findings section expresses concern that the current system is under-resourced, inadequately administered, and burdened by structural problems, while also emphasizing Native Hawaiian rights, cultural responsibility, and self-determination. The tone is reform-oriented and generally favorable toward OHA taking a larger role.
The main point of contention is institutional control over burial site management: whether SHPD should continue to lead under chapter 6E or whether OHA is better positioned to protect Native Hawaiian burial sites. The resolution highlights concerns about SHPD’s possible conflicts of interest, lack of resources, and alleged failure to fulfill burial law responsibilities, while also acknowledging that any transfer must be feasible for OHA in terms of staffing, funding, legal authority, and technology. Another issue is how much of the existing burial sites framework, including Island Burial Councils and prior working group recommendations, should be preserved versus restructured.