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OHA trustees defend lineal-descendant control of burial councils and push for agency support, AG engagement
Summary
Trustees discussed proposed changes to island burial council composition, opposed last-minute additions that would grant voting seats to landowners/developers, and approved staff recommendations for bills affecting burial councils and HRS chapter 6E processes.
Trustees on the Office of Hawaiian Affairs’ Committee on Beneficiary Advocacy and Empowerment pressed for continued decision-making authority for lineal descendants and cultural practitioners on island burial councils and discussed resources and legal support needed for those councils to carry out duties under HRS chapter 6E.
Kamākana Ferrera and Lena Alalei (OHA policy staff) told trustees that recent bill language and committee hearings introduced last-minute amendments to add voting seats for landowners and developers on burial councils. OHA urged that landowners and developers should attend and provide information but not hold voting seats that could displace lineal descendants and cultural practitioners. Ferrera said OHA’s position is consistent with the original intent of the burial council law and the board’s priorities of preservation and protection of iwi kūpuna.
Trustees and staff also discussed implementation support: OHA staff said the agency will partner with the State Historic Preservation Division (SHPD) to provide training and technical assistance to burial councils, given councils’ responsibilities under Sunshine Law and the complexity of archaeological and legal review. Staff said they will draft a letter to the attorney general’s office asking for clearer engagement and legal support for burial councils, citing past instances when counsel was unavailable and decisions were delayed.
On HRS chapter 6E, staff discussed a legislative proposal to allow programmatic risk assessments that classify areas as high, medium, or low risk to expedite SHPD review. Staff noted concerns about potential harms but said OHA successfully inserted language to make OHA and island burial councils consulting parties for the risk-assessment process; staff and trustees said programmatic assessments could, if done with community consultation and best practices (cited as similar to DoD Section 106 models), help reduce uncertainty for landowners while protecting cultural interests.
The committee approved staff recommendations for positions on bills affecting HRS chapter 6E and burial council nominations (Matrix 9); roll-call recorded eight yes votes and the motion passed.
Why it matters: Changes to burial council composition and 6E process rules affect how iwi kūpuna protection decisions are made and who has final decision-making authority. Trustees emphasized preserving lineal-descendant decisionmaking and ensuring councils have training, legal support, and resources to operate.
Staff will pursue the letter to the attorney general, continue coordination with SHPD on training, and monitor legislative language for any changes to council composition or 6E procedures.
