Hawaii House Bill HR144

Hawaii 2022 Regular Session

• Introduced: 3/11/22
• Refer: 3/14/22

Caption

Urging The United States Congress To Schedule A Congressional Oversight Hearing To Investigate The State Historic Preservation Division And Amend The Native American Graves Protection Repatriation Act To Require Free, Prior And Informed Consent Of Native American Indian Tribes, Alaska Native Villages, And Native Hawaiian Organizations Before Approving Development Projects.

Impact

The resolution aims to address the significant historical issues arising from the mismanagement of burial sites, many of which have been desecrated since Western contact with Native Hawaiians began. The SHPD has faced criticism for systemic underfunding and failure to enforce adequate protections for burial sites. Recent audits have highlighted that the program lacks sufficient staffing and resources to effectively manage these sites, leading to ongoing noncompliance with state and federal regulations. The proposed amendment to NAGPRA is particularly pivotal as it seeks to ensure that indigenous voices are central to decisions involving their ancestral remains and cultural heritage.

Summary

H.R. No. 144 is a resolution from the State of Hawaii's House of Representatives, urging the United States Congress to schedule a congressional oversight hearing to investigate the State Historic Preservation Division (SHPD) and to amend the Native American Graves Protection and Repatriation Act (NAGPRA). The resolution advocates for the requirement of free, prior, and informed consent from Native American Indian Tribes, Alaska Native villages, and Native Hawaiian organizations before approving any development projects that may affect ancestral lands or burial sites. This initiative stems from ongoing concerns regarding the management of Native Hawaiian burial sites and the preservation of cultural heritage under state and federal laws.

Contention

One point of contention arises from the historical conflicts between development interests and the rights of Native Hawaiians to control the treatment of their ancestral sites. Proponents of the resolution argue that ensuring informed consent would finally provide Native Hawaiian organizations a stake in the management of their cultural heritage. Critics, however, may view this as a hindrance to development efforts, and there may be concerns regarding the feasibility of implementing such consent processes without significant procedural changes. The resolution thus positions the Hawaiian legislature in direct advocacy for indigenous rights within a broader national context of historical preservation and cultural respect.