STAND. COM. REP. NO. 2599

Honolulu, Hawaii

RE: S.B. No. 1301

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committees on Water, Land, Culture and the Arts and Hawaiian Affairs, to which was referred S.B. No. 1301 entitled:

"A BILL FOR AN ACT RELATING TO HISTORIC PRESERVATION,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish conditions under which archaeological inventory surveys and reconnaissance surveys are required;

(2) Establish conditions under which archaeological permits may be issued and revoked and the practice of archaeology may be temporarily revoked;

(3) Modify the composition and operations of island burial councils; and

(4) Modify procedures upon the inadvertent discovery of burial sites.

Your Committees received testimony in support of this measure from the Office of Hawaiian Affairs and one individual.

Your Committees received testimony in opposition to this measure from NAIOP Hawaii.

Your Committees received comments on this measure from the Department of Land and Natural Resources and Kiaʻi Iwi Alakaʻi.

Your Committees find that due to significant gaps in the existing historic preservation review process, iwi kupuna are often mistreated or handled improperly. Sensitive areas like sandy soil matrices are known to contain Native Hawaiian burials. While the State Historic Preservation Division and the counties have flagged sandy soils as a key factor for archaeological review, application has been inconsistent. Your Committees further find that when an archaeological review is required, it may nevertheless be conducted by a negligent archaeologist. Currently, there is no statutory mechanism to suspend or revoke the licenses of archaeologists who fail to adequately perform their duties or commit historic preservation violations. Consequently, archaeologists who repeatedly violate professional and legal standards are only subject to a fine. This measure will strengthen the historic preservation review process and reinforce the integrity of the archaeological permitting process to improve the treatment of iwi kupuna and reduce inadvertent discoveries through proactive methods.

Your Committees have amended this measure by:

(1) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Water, Land, Culture and the Arts and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1301, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1301, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Water, Land, Culture and the Arts and Hawaiian Affairs,

________________________________ HERBERT M. RICHARDS, III, Chair

________________________________ CHRIS LEE, Chair