Senate committee defers bill to transfer stewardship of Mauna ʻAla to OHA as funding, oversight questions remain

A Senate joint committee on Hawaiian Affairs and Water and Land on Tuesday deferred Senate Bill 4, a proposal to transfer stewardship of the Royal Mausoleum, Mauna ʻAla, from the Department of Land and Natural Resources to the Office of Hawaiian Affairs, saying more discussion and due diligence are needed.

The committee heard nearly an hour of testimony from state officials, family descendants, cultural organizations and others who disagreed about whether the transfer would improve cultural stewardship and whether state funding should follow the kuleana. The chairs said the hearing revealed unresolved questions about funding, management responsibilities and trust relationships that require further negotiation.

“Over the last several months, we have been working with OHA, and we want them to be successful. We have agreed to transfer certain lands to them subject to their due diligence, including Kahana Valley and a parcel in Waimanalo,” Dawn Chang, chairperson of the Department of Land and Natural Resources board, told the committee, according to submitted and oral testimony. Chang said DLNR supports continued engagement and community outreach as part of any transfer.

Supporters told the committee OHA has the cultural competency and statutory authority to steward sacred sites. “OHA is the right org to lead this effort because of its constitutional mandate to protect native Hawaiian interests,” Jacob Aki, representing the Oʻahu Council of the Association of Hawaiian Civic Clubs, said in oral testimony.

Opponents—including family representatives and cultural organizations—expressed concerns about OHA’s past financial scrutiny and asked for stronger safeguards. “We are against the transfer of the stewardship, the land deed, the rules, policies, and procedures that DLNR wants to transfer over to OHA,” Colleen Ayu, Kuhinanui of the Daughters and Sons of the Hawaiian Warriors (Mamakakaua), told the committee.

Testimony also clarified how Mauna ʻAla is currently maintained. DLNR officials described a collaborative arrangement with aliʻi trusts and foundations: trusts generally fund repairs and upgrades to their respective crypts while the department covers grounds maintenance, utilities and caretaker salaries from a mix of general fund and special fund accounts. Committee members and several witnesses said the trusts do not provide an annual lump-sum payment to the state; instead, contributions have been project-based under a longstanding memorandum of understanding dating to about 2013–2014.

Committee members repeatedly asked whether state funding for Mauna ʻAla would move with the kuleana if stewardship transferred to OHA. Senator Keohokalole asked whether the bill requires continued state contributions for upkeep; the bill’s author replied that OHA had requested a funding provision but the language was intentionally left out so appropriation committees could review funding if the transfer advances. An OHA representative said it would be “appropriate” for legislative appropriations that currently support DLNR’s maintenance to be available to OHA if the transfer occurs and suggested an annual amount of about $300,000 as a basis for budgeting.

Speakers also cited legal and procedural frameworks relevant to the decision. Testimony referenced the Organic Act and Hawaii Revised Statutes (speakers cited HRS sections they believed relevant, including references to HRS 10-33, 10-34 and chapter 6E) and a Hawaii Supreme Court framework from the Kapaʻakai o Ka ʻĀina case for agencies balancing protection of traditional and customary rights against other interests.

After public testimony and questions, Senator Inouye, Chair of the Senate Committee on Hawaiian Affairs, and Senator Richardson, Chair of the Senate Committee on Water and Land, said the subject is complex and requires more “talk story” with stakeholders. The chairs recommended, and the committee confirmed, deferral of SB 4 so members can continue discussions with DLNR, OHA, aliʻi trusts and family representatives.

The committee did not take a roll-call vote on the measure; the action recorded was a committee deferral for further consultation and due diligence. The chairs indicated the committee may consider an amendment to include an appropriation if members determine funding should transfer with stewardship.

Next steps: SB 4 remains deferred pending additional meetings and negotiations with DLNR, OHA, aliʻi trusts and family stakeholders; if the bill moves forward, committee members suggested Ways and Means would need to address an appropriation for operations and maintenance.