STAND. COM. REP. NO. 2729

 

Honolulu, Hawaii

                   

 

RE:     S.B. No. 3247

        S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Sir:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 3247, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO HAWAIIAN AFFAIRS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to establish within the Department of Land and Natural Resources a Royal Mausoleum Working Group to create a potential management policy for the royal mausoleum known as Mauna `Ala.

 

     Your Committee received written comments in support of this measure from the Office of Hawaiian Affairs, Kamehameha Schools, Association of Hawaiian Civic Clubs, Royal Order of Kamehameha I, Ho`olulu Descendants, and two individuals.

 

     Your Committee received written comments on this measure from the Department of Land and Natural Resources and Department of the Attorney General.

 

     Your Committee believes that, because Mauna `Ala is a historical cultural site, the mausoleum needs to be managed in a culturally grounded manner.  Your Committee finds that the Working Group proposed by this measure will help provide proper stewardship of Mauna `Ala.

 

     Your Committee notes that written comments from the Department of the Attorney General suggest that the measure be amended to:

 

     (1)  Clarify the Working Group's placement within, and accountability to, the executive branch to ensure consistency with the constitutional structure of executive oversight;

 

     (2)  Clarify the term "directly and substantially affected," as used with respect to lineal descendants and kahu family members;

 

     (3)  Clarify the types of decisions that may be challenged through contested case hearings;

 

     (4)  Remove language that requires the Working Group, in adopting any rule, protocol, management plan, or decision, to protect all rights customarily and traditionally exercised for cultural and religious purposes to the extent feasible and to refrain from regulating those rights out of existence; and

 

     (5)  Reflect that the Working Group's operations are subject to legislative appropriation, rather than mandate that the Legislature appropriate funds.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3247, S.D. 1, and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

________________________________

DONOVAN M. DELA CRUZ, Chair