RELATING TO ISLAND BURIAL COUNCILS.

HB2231

HOUSE OF REPRESENTATIVES

H.B. NO.

2231

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO ISLAND BURIAL COUNCILS
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The legislature finds that island burial
councils play a critical role in determining the treatment of Native Hawaiian
skeletal remains (iwi) and require full and timely membership to effectively
fulfill their responsibilities.

����
Under existing law, the governor
appoints all council members, with the advice and consent of the senate, from
lists submitted by the department of land and natural resources and office of
Hawaiian affairs.
�
Chronic vacancies and
long appointment delays have, however, impaired the councils' ability to reach
quorum, resulting in stalled iwi preservation decisions, community distrust,
and complications in development permitting.

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The legislature believes that the office
of Hawaiian affairs, as the only state agency with a constitutional mandate to
serve Native Hawaiians and steward cultural resources, is uniquely positioned
to ensure that appointments are culturally appropriate, reflect genealogical
connections, and maintain community trust.
�

Further, the office of Hawaiian affairs already has a system in place to
recruit and recommend appointments to the burial councils.

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The purpose of this Act is to
transfer the appointment authority for island burial council members from the
governor and senate to the board of trustees of the office of Hawaiian affairs.

�
This change will advance Native Hawaiian
self-determination, strengthen cultural integrity in iwi kupuna protection, and
address longstanding administrative delays that hinder council function.

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SECTION
2
.
�
Section
6E-43.5, Hawaii Revised Statutes, is amended to read as follows:

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"
�6E-43.5
�
Island burial councils; creation;
appointment; composition; duties.
�
(a)
�
There shall be established within the
department five island burial councils, one each for Hawai
ʻ
i, Maui/Lāna
ʻ
i, Moloka
ʻ
i, O
ʻ
ahu,
and Kaua
ʻ
i/Ni
ʻ
ihau,
to implement section 6E-43.
�
Each council
shall consist of nine members, except the Moloka
ʻ
i
council, which shall consist of five members.
�

Each council shall consist of no more than three representatives of
development and large landowner interests; provided that the Moloka
ʻ
i council shall consist of no more
than one representative of development and large landowner interests.
�
The remaining council members shall represent
the geographic regions identified in paragraphs (1) through (5).
�
[
At all times, at least two of the
regional representatives of each council shall have been appointed from a list
of nominees submitted to the governor by the office of Hawaiian affairs, as
provided under subsection (b).
]
�
Each
council shall include at least one representative for each geographic region
identified as follows:

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(1)
�
The
Hawai
ʻ
i council shall include the
following geographic regions:
�
Kohala,
Kona, Ka
ʻ
ū, Puna, Hilo, and
Hāmākua;

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(2)
�
The
Maui/Lāna
ʻ
i council shall include the
following geographic regions:
�
Honua
ʻ
ula, Lahaina, Wailuku, Makawao,
Hāna, and Lāna
ʻ
i;

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(3)
�
The
Moloka
ʻ
i council shall include the
following geographic regions:
�
West
Moloka
ʻ
i, Central Moloka
ʻ
i, East Moloka
ʻ
i, and Kalawao;

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(4)
�
The
O
ʻ
ahu council shall include the
following geographic regions:
�
Wai
ʻ
ānae,
ʻ
Ewa, Kona, Ko
ʻ
olaupoko, Ko
ʻ
olauloa, and Waialua; and

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(5)
�
The
Kaua
ʻ
i/Ni
ʻ
ihau
council shall include the following geographic regions:
�
Waimea/Na Pali, Kōloa, Līhu
ʻ
e, Kawaihau, Hanalei, and Ni
ʻ
ihau.

Regional
representatives shall be selected from the Hawaiian community on the basis of
the representatives' understanding of the culture, history, burial beliefs,
customs, and practices of native Hawaiians in the region they each represent.

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(b)
�

Appointment of members to the councils shall be made by the [
governor,
in accordance with section 26-34 and subsection (a), from lists for each
council submitted by the department and the
]
board of trustees of the

office of Hawaiian affairs.
�
[
Lists to
fill vacancies on the councils shall be submitted as follows:

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(1)
�
For
vacancies attributable to the expiration of terms, the list shall be submitted
on the first business day of December before the expiration of the terms,
except as provided in subsection (c); and

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(2)
�
For
a vacancy that occurs during a council representative's term, the list shall be
submitted within thirty business days after the vacancy occurs, except as
provided in subsection (c).
]

Section 26-34 shall not apply to the councils
established pursuant to this section.
�
The
appointment process shall include public notice of vacancies, at least one
public hearing, and transparent selection standards.
�
The
board of trustees of the
office of Hawaiian affairs may
adopt rules pursuant to chapter 91 regarding appointment procedures and
qualifications.

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[
(c)
�

The department may submit any list to fill a vacancy up to fifteen days
after the office of Hawaiian affairs submits its list for the same vacancy;
provided that the failure of the department to submit any list by any relevant
deadline or fifteen days after the office of Hawaiian affairs submits its list,
whichever occurs later, shall be construed as a waiver of the department's
right to submit a list.

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(d)
]
(c)
�
[
Notwithstanding section 26-34(b) or any
other law to the contrary, any
]
The terms of council members shall be
four years.
�
Each term shall commence on
July 1 and expire on June 30.
�
No person
shall be appointed consecutively to more than two terms as a council member;
provided that membership shall not exceed eight consecutive years.
�
Any
council member whose term has expired
may continue in office as a holdover member until the [
member's
reappointment to
]
member is reappointed for
a second term [
is
confirmed
] or a successor is [
nominated and
] appointed[
; provided
that a holdover member shall not hold office beyond the end of the fourth
regular session of the legislature following the expiration of the member's
term of office
].
�
A vacancy
occurring in the membership of a council during a term shall be filled for the
unexpired term thereof.
�
The board of
trustees of the office of Hawaiian affairs may remove or suspend for cause any council
member after due notice and public hearing.

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[
(e)
]
(d)
�
The department, in consultation with the
councils, office of Hawaiian affairs, representatives of development and large
landowner interests, and appropriate Hawaiian organizations, such as Hui Malama
I Na Kupuna O Hawai
ʻ
i Nei, shall adopt rules pursuant to
chapter 91 necessary to carry out the purposes of this section.
�
The council members shall serve without
compensation, but shall be reimbursed for necessary expenses incurred during
the performance of their duties.
�
The
councils shall be a part of the department for administrative purposes.
�
The department of land and natural
resources and state historic preservation division shall coordinate with the
office of Hawaiian affairs on orientation and operational support.

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[
(f)
]
(e)
�
The councils shall hold meetings and acquire
information as they deem necessary and shall communicate their findings and
recommendations to the department.
�

Notwithstanding section 92-3, whenever the location and description of
burial sites are under consideration, the councils may hold closed
meetings.
�
A majority of all members to
which each council is entitled shall constitute a quorum to do business.
�
Concurrence of a majority of the members
present at a meeting shall be necessary to make any action of a council valid.

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[
(g)
]

(f)
�
Department records relating
to the location and description of historic sites, including burial sites, if
deemed sensitive by a council or the Hawai
ʻ
i historic places review board,
shall be confidential.

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[
(h)
]

(g)
�
The councils shall:

����
(1)
�
Determine
the preservation or relocation of previously identified native Hawaiian burial
sites;

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(2)
�
Assist
the department in the inventory and identification of native Hawaiian burial
sites;

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(3)
�
Make
recommendations regarding appropriate management, treatment, and protection of
native Hawaiian burial sites, and on any other matters relating to native
Hawaiian burial sites;

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(4)
�
Elect
a chairperson for a four-year term who shall serve for no more than two
consecutive terms; and

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(5)
�
Maintain
a list of appropriate Hawaiian organizations, agencies, and offices to notify
regarding the discovery of remains.
"

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SECTION 3.
�
Notwithstanding any law to the contrary, the
members of the island burial councils serving on the day of the effective date
of this Act shall continue to serve until the member is reappointed or replaced
by the board of trustees of the office of Hawaiian affairs; provided that a
member shall not hold office beyond the end of the fourth regular session of
the legislature following the effective date of this Act.

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SECTION 4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 5.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Island
Burial Councils; OHA; Appointment Authority

Description:

Transfers
the appointment authority for Island Burial Council members from the Governor
and Senate to the Board of Trustees of the Office of Hawaiian Affairs.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.