Panel backs working group to review burial‑sites program; OHA annual report request and DHHL water pilot advance

The Senate Committee on Hawaiian Affairs on April 1 advanced a proposal to convene a large working group to review burial‑sites management, asked the Office of Hawaiian Affairs to provide an annual report to the Legislature, approved a Department of Hawaiian Home Lands water‑access pilot project request, and deferred several other measures for further work.

Why it matters: The working group and the OHA report are intended to address longstanding community concerns about the administration, staffing and resourcing of island burial councils and the State's burial‑sites program. The measures could lead to statutory and operational changes affecting how iwi kūpuna and burial sites are managed statewide.

Committee action and testimony: OHA representatives told the committee the agency supports a transparent review and offered to provide a phase‑2 due‑diligence report and a community outreach plan. Lena Alale (OHA) said OHA had board approval to prepare a detailed report and expected to deliver it by the end of the summer. The committee accepted OHA's proposed amendment to let the working group include up to five additional community members selected for expertise and cultural connection.

Okule Lindsey, deputy attorney general, testified in opposition to a separate resolution asking the AG to assess whether a general lease (GL‑231) had been breached; Lindsey said the request is premature without specific evidence of a breach. Orianna Leao of the Department of Hawaiian Home Lands told the committee DHHL takes no position on that resolution but confirmed DHHL would consult beneficiaries for any water‑project pilot.

Lineal and cultural descendants also spoke. James Kalei Mamahu, a lineal kahu for Maunaʻala, urged the committee to respect family and mālama practices at Maunaʻala and said "Maunaʻala... is a family burial plot. It's burial grounds. And that's codified in federal law that still exists." The committee deferred the Maunaʻala measure for additional work.

The committee approved SCR 168 / SR 137, requesting DHHL to develop and implement a water‑access pilot project for Kānaka beneficiaries; on the record DHHL confirmed beneficiary consultation is a required step. The committee also amended and passed SCR 92 / SR 75 asking OHA to provide an annual report to the Legislature on its community engagement and legislative outreach activities.

Votes at a glance: SCR 92 / SR 75 (OHA annual report) — Adopted with amendment (chair recommendation). SCR 160 (question re: material breach of general lease GL‑231) — Deferred. SCR 161 / SR 130 (working group to examine burial‑sites program and possible transfer of some responsibilities to OHA) — Adopted with OHA amendment permitting up to five additional community‑selected members. SCR 167 / SR 136 (issues re: Maunaʻala) — Deferred for further work. SCR 168 / SR 137 (DHHL water‑access pilot) — Adopted. SR 38 (Native Hawaiian Intellectual Property Working Group) — Deferred (no testimony).

Discussion vs. decision: The committee repeatedly separated preliminary testimony and public comment from final action. Several items were placed into deferred status to allow OHA, DLNR and other stakeholders time to provide more detailed reports or to reconcile statutory and cultural questions. When measures advanced, the committee recorded the chair's recommendation and adopted it by voice vote.

Clarifying details recorded on the record: OHA said a phase‑2 due‑diligence report — including staffing, budget estimates, community outreach and cultural stewardship planning — is underway and expected by late summer. DHHL confirmed beneficiary consultation "is absolutely necessary and a requirement of the department before proceeding with any pilot project," according to testimony. The AG's office said it would not open an assessment absent a concrete allegation of lease breach and recommended using normal channels for legal advice.

What happens next: The committee will reconvene or request the written work products OHA and DHHL described; deferred items will return for additional review. The working group's final product, if adopted, could recommend statutory or regulatory changes and would include publicly noticed meetings to gather community input.