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OHA committee approves partial repeal of Act 293 to restore historic-preservation review
Summary
OHA’s committee advanced a bill to partially repeal Act 293 (Senate Bill 15) to remove a 'nominally sensitive' exemption and restore HRS chapter 60 review for projects that could disturb iwi kūpuna, arguing the change reinstates constitutional protections and Kanaka Maoli participation in treatment decisions.
The Office of Hawaiian Affairs’ committee approved a draft measure to partially repeal Act 293 and tighten historic-preservation review rules for private projects that may disturb iwi kūpuna.
Presenters told trustees that last-session changes to Senate Bill 15 — later enacted as Act 293 — created broad exemptions, including a “nominally sensitive” category, that have narrowed the scope of required review for private developments. The proposed partial repeal would remove that exemption, require review under Hawaii Revised Statutes chapter 60 for projects involving ground disturbance or boundary changes on existing residential property, and reinforce the role of Kanaka Maoli descendants in directing treatment of iwi kūpuna.
Presenters cited collaboration with the State Historic Preservation Division and letters from local preservation bodies expressing concern about the reach of Act 293. A presenter said stakeholders including the Historic Hawaii Foundation and the Society for Hawaiian Archaeology have publicly expressed concerns about how Act 293 affects sensitive coastal sands and other areas where iwi kūpuna are often found.
Board action: The committee moved and approved the measure for inclusion in OHA’s 2026 legislative package after brief discussion about tightening ambiguous language; a roll call followed. Specific vote tallies were not specified in the transcript.
Next steps: The committee-approved language will be refined and forwarded to OHA’s full Board and to legislative counsel for drafting and tracking during the 2026 session.
