Hawaii House Bill HB409

Hawaii 2026 Regular Session

• Introduced: 1/17/25
• Refer: 1/21/25

Caption

RELATING TO ISLAND BURIAL COUNCILS.

Summary

HB409 would amend Hawaii law governing the island burial councils, which advise on the protection and treatment of iwi kupuna (ancestral remains). The bill keeps the five existing councils for Hawaiʻi, Maui/Lānaʻi, Molokaʻi, Oʻahu, and Kauaʻi/Niʻihau, but reduces the standard membership from nine to seven members and the Molokaʻi council from a larger body to five members. It also removes the statutory requirement that the councils include representatives of development and large landowner interests. The bill retains the geographic-representation structure for each council and continues to require that at least two regional representatives on each council be appointed from nominees submitted by the Office of Hawaiian Affairs. It also preserves the rulemaking authority of the Department of Land and Natural Resources, in consultation with the councils, OHA, and Hawaiian organizations, to implement the burial council provisions. The measure is framed as aligning council composition more closely with Native Hawaiian cultural values and burial practices.

Impact

HB409 would amend section 6E-43.5 of the Hawaii Revised Statutes by changing the composition of the island burial councils and deleting references to development and large landowner representatives. In practical terms, the bill would reduce the number of council seats, narrow the range of required stakeholder interests on the councils, and reinforce that regional representatives are to be selected from the Hawaiian community based on knowledge of Native Hawaiian culture, history, and burial customs. The bill would affect the Department of Land and Natural Resources, the Office of Hawaiian Affairs, and the appointment structure for the burial councils.

Sentiment

The bill appears generally supportive of Native Hawaiian cultural stewardship and the protection of iwi kupuna, with the stated purpose of centering Hawaiian values in council membership. The bill text presents the change as a corrective measure to better align the councils with their cultural and spiritual mission. No committee transcripts or recorded votes were provided, so there is no additional evidence of formal support or opposition beyond the bill’s framing.

Contention

The main point of contention reflected in the bill itself is the removal of representatives of development and large property owner interests from the councils. The bill suggests those interests are not necessary to the councils’ mission and may distract from the care and protection of iwi kupuna, while implicitly recognizing that such interests have been part of the existing structure. Any opposition would likely come from development and landowner stakeholders who lose guaranteed representation, whereas support would likely come from Native Hawaiian organizations and advocates for cultural preservation and burial protection.