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URGENT ACTION ALERTS:
How to create a legislative account
How to testify
Close Loopholes In Our Historic Preservation Law To Protect Iwi Kūpuna (
HB1710 HD2 SD1)
The Senate Committee on Judiciary will hear
HB1710 HD2 SD1
on
Thursday, April 9 at 10:01 a.m.
Submit Testimony on HB1710 HD2 SD1 by Wednesday, April 8, at 10:01 a.m.
Testimony received after the deadline will be accepted but will be considered late. The committee will only be accepting written testimony.
Click here to submit testimony on HB1710 HD2 SD1
Click to Learn More about HB1710 HD2 SD1 & For Sample Testimony
SUMMARY OF HB1710 HD2 SD1 (Relating to Historic Preservation)
HB1710 HD2 SD1, as amended, improves the historic preservation review process to better protect iwi kūpuna.
HB1710 HD2 SD1 clarifies application requirements, clearly defining what information project proponents must submit to trigger review deadlines, promoting efficiency without creating automatic approvals that could put iwi kūpuna at risk.
Importantly,
the bill closes critical loopholes created by Act 293 (2025)
which exempted a broad range of projects from the historic review process.
HB1710 HD2 SD1 identifies high risk residential projects that must trigger
State Historic Preservation Division (SHPD)
review including those on or near sand dunes, lava tubes, karsts, and caves, or properties with previously identified burials.
HB1710 HD2 SD1 also clarifies that SHPD, not project proponents or the counties,
determines whether an area qualifies as a “nominally sensitive” and only after consultation with the OHA and the relevant Island Burial Council.
Finally, HB1710 HD2 SD1 clarifies
that modifications to high-density residential building, including condominiums and apartments, are exempt from review when there is no ground disturbance or minimal risk—preserving efficiency where appropriate.
WHY THIS BILL IS CRITICAL
Iwi kūpuna (Native Hawaiian burials) are entitled to the same respect, protection, and dignity afforded marked graves. This bill helps ensure that inadvertent harm is prevented before it occurs.
Protecting Native Hawaiian rights is a constitutional obligation.
The State has an affirmative duty under Article XII, Section 7 of the Hawaiʻi Constitution to protect traditional and customary practices, including the respectful treatment of iwi kūpuna.
Early identification of risk prevents costly delays and conflicts later. Ensuring proper review at the outset protects not only cultural resources, but also project proponents from unexpected discoveries, work stoppages, and legal challenges.
Right now, a damaging narrative is circulating that SHPD review and other cultural and environmental protections are the root cause of Hawai‘i’s housing crisis: not speculative outside investment, labor and supply chain costs, or understaffing of critical agencies.
Now is the time to push back against this narrative.
Without clarification and amendment of Act 293, attacks on HRS Chapter 6E protections for iwi kūpuna will only continue.
SAMPLE TESTIMONY IN SUPPORT OF HB1710 HD2 SD1
Use this sample to submit your own testimony:
Aloha e Chair Rhoads, Vice Chair Gabbard, and Members of the Senate Committee on Judiciary,
I am writing in
strong
support of HB1710 HD2 SD1
for the following reasons:
Addressing unintended gaps that put iwi kūpuna at risk
Recent changes to the law under Act 293 (2025) created unintended gaps that allow higher-risk development projects to move forward without appropriate historic preservation review. As a result, irreversible harm to iwi kūpuna and cultural sites is more likely to occur, with property owners shouldering the burden and costs of addressing the problem when it’s too late. This bill helps ensure that projects in areas with a higher risk of containing burials and cultural artifacts—such as those on sand dunes and lava tubes—are properly reviewed early, when avoidance of harm and preservation of resources are still possible. This also ensures that Island Burial Councils and lineal descendants are consulted and able to guide decisions about their ancestors.
Clarifying the law to ensure consistent and responsible implementation
Currently, counties, agencies, and project proponents are navigating unclear and inconsistent standards, leading to confusion about the historic review process. This uncertainty increases the risk of both inadvertent harm to cultural resources and project delays. This bill provides clarity by setting clear timelines and documentation requirements, defining when review timelines are triggered, and confirming the role of the State Historic Preservation Division in identifying sensitive areas. Clear standards benefit everyone and ensure that the law is applied consistently across the state.
Improving the process to provide guidance and prevent harm in high-risk areas
HB1710 HD2 SD1 strengthens the historic review process overall by prioritizing review where it is most needed—areas with known indicators of burials or cultural deposits—while maintaining and expanding appropriate exemptions for low-risk projects such as condominium renovations. This targeted approach provides better guidance to project proponents, helps avoid costly delays and conflicts, and ensures that Hawaiʻi can move forward with development responsibly while protecting one of its most vulnerable and sacred resources.
I strongly support the SD1 amendments, which appropriately balance protections and efficiency. Accordingly, I ask the Committee to
PASS HB1710 HD2 SD1
Mahalo for the opportunity to testify.
[Your Name]
[Your Contact Information]
Protect Iwi Kūpuna and Support Island Burial Councils (
HB2104 HD2 SD1)
The
Senate Committee on Ways
and Means
will hear
HB2104 HD2 SD1
on
Tuesday, April 7 at 10:31 a.m.
Click to Learn More about HB2104 HD2 SD1 & For Sample Testimony
SUMMARY OF HB2104 HD2 SD1 (Relating to Island Burial Councils)
Submit Testimony on
HB2104
HD
SD1
by
Monday,
April 6th
, at
10:31
m.
Testimony received after the deadline will be
accepted, but
will be considered late.
The committee will
only
be accepting
written testimony.
Click here to submit testimony on
HB2104 HD2 SD1
Island Burial Councils (IBCs) are the volunteer councils that make decisions about how iwi kūpuna (Hawaiian ancestral remains) are treated when identified prior to construction.
Unfortunately, the IBCs often struggle to convene because of barriers in the law, resulting in multiple cancelled meetings each year.
HB2014_HD1_SD1 reduces these barriers by:
Removing the existing prohibition on compensating IBC members to allow OHA to provide stipends so that financial need is not a barrier to service;
Reforming the quorum requirements to a majority of
appointed
members so IBCs can meet and make decisions more regularly; and
Extending the timeline to nominate new IBC members for midterm vacancies to ensure adequate recruitment
WHY THIS BILL IS CRITICAL FOR NATIVE HAWAIIANS
IBCs are the primary mechanism through which Native Hawaiian lineal and cultural descendants exercise decision-making power and self-determination over the care of their ancestors.
When IBCs continually fail to meet, these voices are excluded.
Functioning IBCs prioritize place-based decision-making proven to be effective in ensuring that decisions are culturally informed and have landowner buy-in.
Moku representatives are selected on their “understanding of the culture, history, burial beliefs, customs, and practices of native Hawaiians in the region they each represent.”
Allowing moku representatives to receive an optional stipend may increase participation for potential members who want to participate but face financial barriers to service.
SAMPLE TESTIMONY IN SUPPORT OF HB2104_HD2_SD1
Use this sample to submit your own testimony:
Aloha e Chair Dela Cruz, Vice Chair Moriwaki, and Members of the Senate Committee on Ways and Means,
I am writing in
support of HB2104 HD2 SD1
for the following reasons:
Ensuring Island Burial Councils Conduct Business:
Quorum reform ensures Island Burial Councils (IBC) remain functional rather than merely symbolic. IBCs often struggle to fill all seats. Current quorum requirements count vacant positions, which frequently prevent Councils from meeting and conducting business. Adjusting quorum to a majority of
appointed
members provides a simple, practical fix that allows Councils to fulfill their statutory duties.
A Modest Stipend Option Supports Recruitment and Participation:
IBC members currently serve without compensation, creating barriers for some community members who must balance council duties with work and family obligations. The option for OHA to provide stipends to moku representatives would make IBC service more accessible, reduce vacancies, encourage participation, and acknowledge the value of services provided by Native Hawaiians who serve as council members.
Strong Island Burial Councils Benefit All Parties:
Reliable, fully functioning Island Burial Councils help prevent unnecessary project delays while upholding the State’s trust obligation to protect ancestral remains. Effective Councils allow families and cultural descendants to fulfill their kuleana to care for iwi kūpuna and provide project proponents with clear, timely, and culturally responsible direction when burials are discovered.
Accordingly, I ask the Committee to
PASS HB2104 HD2 SD1
Mahalo for the opportunity to testify.
[Your Name]
[Your Contact Information]
ACTION ALERT: Urge WAM to Hear PLT Funding Bills
Aloha OHA beneficiaries and supporters:
We need your voice at this critical moment.
If you have ever benefitted from any OHA support, that support comes from Public Land Trust (PLT) revenues. The funds are constitutionally dedicated to OHA to serve our lāhui. These funds are critical to our mission to provide programs and services to uplift individuals, ‘ohana, and communities.
Right now, measures that would release up to $55 million in PLT funds to OHA and continue the critical work of the PLT Working Group are being held hostage. HB2582 and HB2584 must be heard by the Senate Ways and Means (WAM) Committee by next Friday but have not been set for a committee hearing.
Click to Learn More & For Sample Testimony
Call or email Committee Chair Dela Cruz and other WAM Committee members
by Monday, April 6, 2026
Contact
Senator Dela Cruz
at
808-586-6090 or by email at
[email protected]
and email the
WAM Committee members
Urge them to
schedule
a hearing on HB2582 and HB2584
Tell them you
do not support the Senate version of SB903
, a competing bill from last session.
Click here to email Senator Dela Cruz
No single committee should stand in the way of the right of our beneficiaries to receive constitutionally dedicated funds
. This is especially true considering ongoing federal funding cuts and the growing needs that intensified following last month’s floods.
Thanks to the actions of supporters like you, the Hawaiian Affairs Committee heard these bills last week, and members passed them out with a strong supporting committee report.
Your voice matters. Let’s ensure these bills serving our community are heard and we have a chance to testify in support. Mahalo for your continued support of OHA and our lāhui.
Bill Summaries
HB2582 HD2
advances the work of the Public Land Trust Working Group
established
by Act 226 (2022)
by directing the working group to contract third-party professionals to ensure the accuracy of the state’s public land trust inventory and accounts on revenues generated from these lands. It also expands the membership to include representatives from the legislature and the community, in addition to existing members appointed by OHA and the Governor
, subject to relevant qualifications and
expertise
HB2584 HD1 SD1
temporarily increases annual public land trust payments to OHA
to
better reflect the 20% due under law. Currently, OHA receives just $21.5 million
annually,
far below the $35 million to $80 million t
hat OHA’s 2016 financial review
demonstrated
was due to the agency.
Importantly, the $55 million OHA is asking for
has already been transferred to a
carry forward trust account
because these are funds State agencies have recognized are due to OHA.
SB903
was a gut and replace bill from 2025 that, as passed out of the Senate, dissolved the
Public Land Trust Working Group established by Act 226 and set up a “claims” working group to develop a
master settlement framework
, with OHA having a minority of votes as against State representatives.
If HB2582 and HB2585 do not pass out of the
Senate
this bad bill
may
come back into play in conference with
minimal opportunity for public input.
Sample Talking Points
Aloha Chair Dela Cruz, my name is ___ and I am calling to ask that you schedule HB2582 and HB2584 for a hearing.
These measures are important and will allow OHA to fund services and programs for the community with revenue promised in the Constitution to help Native Hawaiians.
Now more than ever, our community needs funding released to serve critical needs.
HB2584
would provide a temporary 2-year funding increase—a small step to begin addressing years of underpayment.
This bill would have no general fund impact because $55 million is already available in the State’s carry forward trust account to fund the increase.
HB2582
would ensure the public land trust working group can produce an accurate, complete and recognized inventory of trust lands and income, which is a necessary step to resolve payment issues once and for all.
These bills deserve a hearing as an essential step toward accountability and restoring public trust.
I do not support the Senate version of
SB903 from 2025,
which demands global settlement from OHA before the Act 226 working group completes a full accounting of public land trust revenues.
Mahalo for listening, I look forward to testifying publicly on these bills.
Sample Email
Aloha Chair Dela Cruz,
I respectfully urge you to schedule both HB2582 HD2 and HB2584 HD1 SD1 for a hearing. These measures go to the heart of the State’s obligations to Native Hawaiian beneficiaries who have gone decades without receiving their full share of public land trust revenues.
The Hawai
i State Constitution guarantees Native Hawaiians a pro-rata share of the public land trust revenues, and HRS section 10-13.5 recognizes that share as 20%. Yet OHA, the constitutionally identified body to administer these funds for the betterment of Native Hawaiians, only receives $21.5 million annually, far below the $80 million that was estimated due to OHA in 2016. Meanwhile, more than $55 million is available to serve our community in the State’s carry forward trust account—funds already identified by agencies as due to OHA. The result is not abstract; it is borne daily by beneficiaries in the form of under-resourced programs, deferred opportunities, and unmet community needs.
To deny a hearing on this proposal would compound a longstanding injustice. I call on the Senate Ways and Means Committee to, at minimum, set these bills for a full public hearing. Beneficiaries should have the opportunity to share directly how these funding gaps have affected their lives, their families, and their communities—and why this course correction matters now.
I urge you to do what is right: schedule for HB2582 HD2 and HB2584 HD1 for a hearing, listen to the voices of those impacted, and support a path forward that honors the State’s commitments.
The Senate version of SB903, which demands global settlement from OHA before a full inventory and accounting of public land trust revenues, is not pono.
Mahalo nui,
[Your Name]
[City, Island]
Urgent – Bring Our Pa
ahao Home
The Senate Committee on Ways and Means will hear
HB1769 HD2 SD1
requiring the Department of Corrections and Rehabilitation to incrementally reduce the number of individuals incarcerated in private, out-of-state correctional facilities and to report regularly on its progress
on
Wednesday, April 1, at 10:03 a.m.
Click to Learn More & For Sample Testimony for HB1769 HD2 SD1
Submit Testimony by Tuesday, March 31 at 10:03 a.m. or late testimony before Wednesday, April 1 @10:03 a.m.
Testimony received after the deadline (but before the hearing) will be accepted but considered late. Those who wish to testify
via videoconference
must also submit written testimony.
Click here to submit testimony on
HB1769 HD2 SD1
SUMMARY OF HB1769 HD2 SD1 (Relating to Correctional Facilities)
This bill requires the Department of Corrections and Rehabilitation to incrementally reduce the number of individuals incarcerated in private, out-of-state correctional facilities and to report regularly on its progress.
Reliance on private, out-of-state facilities reduces transparency and public oversight and weakens continuity of care and rehabilitation planning.
OHA has long been concerned with the disparate treatment of Native Hawaiians in the criminal legal system, as evidenced by numerous reports, task forces, and editorials published throughout the years –
Criminal Justice – The Office of Hawaiian Affairs (OHA)
December 2025 Ka Wai Ola Cover Story –
Living in Exile – Ka Wai Ola
WHY THIS BILL IS CRITICAL FOR NATIVE HAWAIIANS
Incarcerating individuals thousands of miles from home separates them from ʻohana, community support, legal access, and culturally grounded programming, all factors closely associated with successful reentry and lower recidivism.
Native Hawaiians make up the highest percentage of people incarcerated in out-of-state facilities (41%).
Native Hawaiians are exported to out-of-state prisons at higher rates than other ethnic groups.
As a result, Native Hawaiians are often more profoundly impacted when incarceration occurs far from home, culture, and ʻāina.
CLICK HERE TO SUBMIT TESTIMONY ON HB1769 HD2 SD1
SAMPLE TESTIMONY IN SUPPORT OF HB1769 HD2 SD1
Use this sample to submit your own testimony:
Aloha e Chair Dela Cruz, Vice Chair Moriwaki, and Members of the Senate Committee on Ways and Means,
I am writing in
support of HB1769 HD2 SD1
relating to correctional facilities, for the following reasons:
Reducing Harmful Out-of-State Incarceration:
This bill requires the Director of Corrections and Rehabilitation to incrementally reduce the number of committed felons incarcerated in private, out-of-state correctional institutions. The current practice of transferring individuals far from their homes separates them from their
ohana, culture, and support systems. These factors are essential to rehabilitation and successful reentry into society. This measure helps reverse that harmful trend.
Supporting Rehabilitation and Community Stability:
By bringing more individuals back into in-state correctional facilities over time, the bill promotes better access to culturally appropriate programming, family support, and community-based reentry resources. Research and community testimony have shown that maintaining connections to home and culture can significantly reduce recidivism and support long-term public safety outcomes.
Addressing Structural Inequities and Disproportionate Impacts:
Native Hawaiians and other disproportionately impacted communities are overrepresented at every stage of Hawai
i’s criminal legal system. Out-of-state incarceration compounds historical and systemic inequities by further distancing individuals from their communities and perpetuating trauma. This bill acknowledges those disparities and takes a practical step toward addressing them.
Balanced Implementation with Oversight:
This bill establishes a phased reduction allowing the Department to manage capacity and logistical transitions responsibly. The requirement for periodic reporting to the Legislature also ensures transparency and oversight throughout implementation.
For these reasons, I respectfully urge the Committee to
pass HB1769 HD2 SD1
. Mahalo for the opportunity to testify.
Your Name
Your Contact Information
Protect Our Reefs (HB2101 HD1 SD1)
The Senate Committees on Commerce and Consumer Protection and Judiciary will consider HB2101 HD1 SD1, a bill to ban commercial aquarium collection,
on
Thursday,
April 2, at 9:20 a.m. in Room 229.
Click to Learn More & For Sample Testimony for HB2101 HD1 SD1
Written testimony is critical to ensure the ban is permanent and applies statewide as originally intended.
Testimony is due Tuesday, March 31, at 9:20 a.m.
(48 hrs before hearing)
These committees are accepting written testimony only on this bill. Testimony received after the deadline will be accepted but considered late.
Click here to submit testimony on HB2101 HD1 SD1
Summary of HB2101 HD1 SD1 (Relating to Commercial Aquarium Collection):
HB2101 was introduced to permanently ban commercial collection marine species for sale and export as aquarium pets.
However, as amended in the last committee, HB2101 HD1 SD1 would only limit the ban to O‘ahu until rulemaking under the
Holomua marine initiative
concludes.
HB2101 HD1 SD1 maintains important exceptions for:
Traditional and customary practices including fishpond management;
Scientific research and education, such as the Waikīkī Aquarium;
Aquaculture and captive-breeding programs; and
Personal use, such as bait.
WHY THIS BILL IS CRITICAL:
Commercial aquarium collection is geographically targeted and has highly localized impacts on reefs and communities where activity is focused.
Targeted communities, and particularly Native Hawaiian cultural practitioners, have called for an end to the industry to protect nearshore ecosystems for decades.
In 2017, the Hawai
i Supreme Court halted collection pending environmental review, meaning local businesses have not legally engaged in collection for nearly a decade.
But now the
Division of Aquatic Resources (DAR) is proposing rules to reopen West Hawai‘i to the seven businesses that completed environmental review
with hearings on the rules scheduled for Tuesday and Wednesday (
March 31 and April 1
Under the quota system proposed in the rules, collection is closed to new industry participants and will require intensive DOCARE resources to police.
There are communities across the pae
ʻāina
waiting for support to address other urgent threats to our reefs such as invasive species and illegal poaching.
Banning aquarium collection statewide would not only protect reef resources and traditional practices but also free up DAR and DOCARE to focus attention on other urgent priorities that serve all Hawai‘i’s residents.
Use these samples to submit your own personalized testimony:
SAMPLE TESTIMONY 1
Aloha e Chairs Keohokalole and Rhoads, Vice Chairs Fukunaga and Gabbard, and Members of the Senate Committees on Commerce and Consumer Protection and Judiciary:
I strongly support with amendments HB2101 HD1 SD1 to ban commercial aquarium collection. However, I request that the proposed ban be amended to apply – as originally proposed – statewide and permanently, rather than temporarily and only on the island of O‘ahu.
I support a permanent statewide ban for the following reasons:
Protecting Targeted Communities
Commercial aquarium collection removes vital species from our reef ecosystems for commercial sale, export, and captivity. Historically, commercial aquarium collectors have focused their efforts on specific geographic areas, with measurable negative effects on the densities of fish and other species.
Targeted communities have repeatedly called for closure of the industry, as reflected in recent resolutions from the County of Hawai‘i and County of Maui calling on the legislature to ban the practice. Other representative bodies that have called on the legislature to ban this practice include the Office of Hawaiian Affairs, the Association of Hawaiian Civic Clubs, and the Neighborhood Boards of Waimānalo, Kailua, Kāne‘ohe, and Kahalu‘u.
Ensuring Reef Health
Healthy and vibrant coral reefs generate more than
$1.2 billion annually in tourism revenue
and provide critical ecosystem services, including shoreline protection and food security, adding further to their economic value.
A statutory ban on commercial aquarium collection protects this economic engine and foundation of resilience and preserves Hawai
i’s marine resources for future generations by ensuring herbivorous species that support reef health remain on the reef.
Reducing Regulatory Costs
A clear prohibition would also simplify enforcement and reduce the cost of this industry to the state. To support its recent conclusion that commercial aquarium collection in West Hawai‘i is sustainable, the Division of Aquatic Resources created a quota-based permit system which essentially closes the industry to the seven businesses who participated in the environmental review process.
A quota-based permit system closes economic pathways to industry newcomers and also requires intense policing that takes away from other vital duties of our DOCARE officers. This means that resources that could be directed elsewhere will instead be used for the benefit of a small number of industry participants.
For these reasons, I respectfully urge the Committees to
pass HB2101 HD1 SD1 with an amendment to restore the ban
statewide and permanently
, as originally drafted.
Mahalo for the opportunity to testify.
[Your Name]
[City / Island]
[Optional: Organization]
Sample Testimony 2:
Aloha e Chairs Keohokalole and Rhoads, Vice Chairs Fukunaga and Gabbard, and Members of the Senate Committees on Commerce and Consumer Protection and Judiciary:
I strongly support with amendments HB2101 HD1 SD1 to ban commercial aquarium collection. However, I request that the proposed ban be amended to apply – as originally proposed – statewide and permanently, rather than temporarily and only on the island of O‘ahu.
I support a permanent statewide ban for the following reasons.
Commercial aquarium fishing flies in the face of Hawai
i’s constitutional public trust doctrine, which requires that our natural and cultural resources be used and conserved for the public good, rather than private gain.
The aquarium collection industry has extracted and exported millions of specimens of public trust marine life for commercial sale – the vast majority of which (an estimated 90%) die within a year after collection. In the wild, these species can live for 30-40 years.
At the same time, this commercial activity has diminished the ecological and cultural integrity of our reef systems, undermined the state’s food security and climate resilience, and degraded a cornerstone of our tourism-based economy. Not surprisingly, the majority of Hawai
i residents, and Native Hawaiian subsistence communities in particular, support a ban on commercial aquarium collection.
While commercial aquarium collection has not been allowed for the better part of a decade, the Division of Aquatic Resources (DAR) has recently proposed rules that would reopen West Hawai‘i waters to commercial aquarium collection, claiming that they are mandated to do so under state law.
Yet as DAR has recognized, agency rulemaking regulates how an activity operates, not whether the activity should be allowed. Ultimately, the legislature as our elected branch of government has the authority – and responsibility – to decide whether this activity should be permitted at all.
Hawai
ʻi’s reef fish are an integral part of a
critical ecosystem that supports food security, cultural and subsistence practices, and shoreline protection.
Additionally, on-reef tourism activities depend on vibrant and healthy ecosystems and generate approximately
$1.2
billion
annually in economic benefits –
about a thousand times more
than commercial aquarium collection which generates only
$1-2
million
per year – most of which is realized through sales outside of the state since 95% of the fish collected are exported to the continent
Given the cost of commercial aquarium fishing to the State of Hawai
ʻi due to required environmental reviews, DAR and DOCARE enforcement, and potential litigation, the cost of the industry to Hawaiʻi far outweighs its benefits.
For these reasons, along with the ever-increasing stressors placed on our marine environment due to climate change, a statutory ban is critical to protect a major economic engine and cornerstone of resilience for our present and future generations.
Therefore, I respectfully urge the Committees to
pass HB2101 HD1 SD1, with an amendment to restore the ban to apply
statewide and permanently
, as originally drafted.
Mahalo for the opportunity to testify.
[Your Name]
[City / Island]
Protect Our Reefs (HB2101 HD1)
The Senate Committees on Water, Land, Culture and the Arts and Hawaiian Affairs will hear HB2101 HD1 to ban commercial aquarium collection on
Tuesday, March 24, at 1:01 p.m. in Room 224.
Click to Learn More & For Sample Testimony for HB2101 HD1
Written and oral testimony is critical to ensure passage in the House
, and to
request
that
an amendment
o limit the ban to
Hawai‘
i Island
is reversed
Sample testimony is provided below.
Submit Testimony by Monday, March 23 at 1:01 p.m.
Testimony received after the deadline will be accepted but considered late. Those who wish to testify
via videoconference (Zoom)
must also submit written testimony.
Click here to submit testimony on HB2101 HD1
Summary of HB2101 HD1 (Relating to Commercial Aquarium Collection):
HB2101 HD1 bans collection of Hawai‘i’s marine life for commercial sale and export out of Hawai‘i as aquarium pets.
HB2101 HD1 explicitly preserves collection for:
Traditional and customary practices;
Scientific research and education, such as the Waikīkī Aquarium;
Aquaculture and captive-breeding programs, including fishponds; and
Personal use, such as bait.
As amended in the House, the ban is limited to Hawai‘i Island (counties with a population between 200,000 and 300,000), rather than reaching statewide.
WHY THIS BILL IS CRITICAL:
Commercial aquarium collection is geographically targeted, and has highly localized impacts on reefs and communities where extraction is focused.
Communities
and particularly Native Hawaiian cultural practitioners
have called for an end to the industry to protect nearshore ecosystems.
In 2017, the Hawaii Supreme Court halted aquarium collection under the Hawai‘i Environmental Policy Act (HEPA), meaning that collectors have not legally engaged in the practice for nearly a decade.
Now the Division of Aquatic Resources (DAR) is proposing rules to reopen West Hawai‘i to the seven businesses who completed the HEPA process.
Under the quota system proposed by DAR for West Hawai‘i, collection is closed to new participants, and will require intensive DOCARE resources to enforce and police.
Native Hawaiian communities across the pae ʻāina are waiting for DAR’s support to co-manage their marine resources and address other urgent threats.
Banning aquarium collection statewide would not only protect reef resources and Native Hawaiian communities but also enable DAR to focus attention where it is critically needed.
Use these samples to submit your own personalized testimony:
SAMPLE TESTIMONY 1
strongly support HB2101 HD1
which would establish a ban on the collection of reef resources for commercial aquarium sale and ensure that West Hawai‘i and other areas targeted by the industry remain closed as they have been for the past nearly 10 years. I also request that this ban be extended statewide for the following reasons:
Protecting Targeted Communities
Commercial aquarium collection removes vital species from our reef ecosystems for commercial sale, export, and captivity. Historically, commercial aquarium collectors have focused their efforts on specific geographic areas – with measurable negative effects on the local densities of fish and other species. Affected communities have repeatedly called for closure of the industry, as reflected in a recent resolution from the County of Hawai‘i calling on the legislature to ban the practice, as well as resolutions from the Neighborhood Boards of Waimānalo, Kailua, Kāne
ohe, and Kahalu‘u.
Ensuring Reef Health
Meanwhile, healthy and vibrant coral reefs generate more than
$1.2 billion annually in tourism revenue
and provide critical ecosystem services, including shoreline protection and food security. A statutory ban on commercial aquarium collection protects this economic engine and foundation of resilience, and preserves Hawai
i’s marine resources for future generations by ensuring species that support reef health remain on the reef.
Reducing Regulatory Costs
A clear prohibition would also simplify enforcement and reduce the cost of this industry to the state. To support its recent conclusion that commercial aquarium extraction in West Hawai‘i is sustainable, the Division of Aquatic Resources created a quota-based permit system which essentially closes the industry to the seven businesses who participated in the environmental review process. A quota-based permit system closes economic pathways to industry newcomers and also requires intense policing that takes away from other vital duties of our DOCARE officers. This means that resources that could be directed elsewhere will be used for the benefit of a small number of industry participants.
For these reasons, I respectfully urge the Committees to
pass HB2101 HD1, with an amendment to restore the ban statewide, as originally drafted.
Mahalo for the opportunity to testify.
[Your Name]
[City / Island]
[Optional: Organization]
SAMPLE TESTIMONY 2:
Aloha e Chairs Lee and Richards, Vice Chairs Inouye and Lamosao, and Members of the Senate Committees on Water and Land, Culture and the Arts and Hawaiian Affairs:
strongly support HB2101 HD1
which would establish a ban on the collection of reef resources for commercial aquarium sale and ensure that West Hawai‘i and other areas targeted by the industry remain closed as they have been for the past nearly 10 years. I also request that this ban be extended statewide for the following reasons.
Commercial aquarium fishing flies in the face of Hawai
ʻi’s
constitutional public trust doctrine, which requires that our natural and cultural resources be used and conserved for the public good, rather than private gain. But the aquarium collection industry has extracted and exported millions of specimens of public trust marine life for commercial sale – the vast majority of which reportedly die within a year after collection.
At the same time, this commercial activity has diminished the e
cological and cultural integrity of our reef systems, undermined the state’s food security and climate resilience, and degraded a cornerstone of our tourism-based economy. Not surprisingly, the majority of Hawaiʻi residents, and Native Hawaiian subsistence communities in particular, support a total ban on commercial aquarium collection.
While commercial aquarium collection has not been allowed for the better part of a decade, the Division of Aquatic Resources (DAR) has recently proposed rules that would reopen West Hawai‘i waters to commercial aquarium collection, claiming that they are mandated to do so under state law. Yet as DAR has recognized, agency rulemaking regulates how an activity operates, not whether the activity should be allowed. Accordingly, the legislature has the authority – and responsibility – to decide whether this activity should be permitted at all.
This critical ecosystem supports food security, cultural and subsistence practices, shoreline protection provided by healthy coral reefs, and on-reef tourism activities dependent on vibrant and healthy ecosystems that generate approximately $1.2 billion annually in economic benefits. In light of the ever-increasing stressors placed on our marine environment, a statutory ban is critical to protect a major economic engine and a cornerstone of resilience for our present and future generations.
For these reasons, I respectfully urge the Committees to
pass HB2101 HD1, with an amendment to restore the ban statewide, as originally drafted.
Mahalo for the opportunity to testify.
[Your Name]
[City / Island]
Help the Land Use Commission to Protect our Wai
HB2103 HD2)
The Senate Committees on Hawaiian Affairs and Water, Land, Culture and the Arts will hear
HB2103 HD2
on
Tuesday, March 24, at 1:01 p.m.
Support this OHA package bill
to empower the Land Use Commission (LUC) to better protect wai and traditional and customary practices threatened by development.
HB2103 HD2
requires at least one member to have water management expertise and designates OHA to nominate candidates for the traditional Hawaiian land usage seat.
Sample testimony is provided below.
Submit Testimony by Monday, March 23 at 1:01 p.m.
Testimony received after the deadline will be accepted, but considered late. Those who wish to testify
via videoconference (Zoom)
must also submit written testimony
Click here to submit testimony on HB2103 HD2
Click to Learn More & For Sample Testimony for HB2103 HD2
WHAT THIS BILL DOES
This bill would require that one of the nine seats on the Land Use Commission (LUC) be reserved for an individual with experience in water resource management, better empowering this important body to steward our wai (water) resources responsibly.
This bill would also designated OHA to nominate individuals to the seat reserved for an individual with “experience or expertise in traditional Hawaiian land usage and knowledge of cultural land practices.”
Both of these seats are critical to empowering the LUC to fulfill its kuleana.
WHY THIS BILL IS CRITICAL FOR NATIVE HAWAIIANS
The LUC was created in 1961 in response to the rapid and unregulated conversion of prime agricultural lands into other profit-driven uses in the Territorial Era.
The LUC is responsible for larger planning decisions that determine how land is used, classifying land into four districts: conservation, rural, agricultural, urban.
Developers petition the LUC to reclassify land, usually to allow denser development or other uses on their land.
As a quasi-judicial body, the LUC can require land owners and developers to protect natural resources and cultural practices, fulfill affordable housing mandates, and provide other community benefits.
The LUC’s unique quasi-judicial process not only provides for appropriate due process, but also public trust and Ka Paʻakai analyses as critical components to protecting Native Hawaiian rights.
Therefore it is critical the LUC has the expertise to ensure that constitutional principles protecting wai and Native Hawaiians are consistently enforced.
SAMPLE TESTIMONY IN SUPPORT OF HB2103 HD2:
Aloha e Chairs Richards and Lee, Vice Chairs Lamosao and Inouye, and Members of the Committees:
I am writing in
support
of HB2103 HD2
, which strengthens the Land Use Commission (LUC) by ensuring that essential water expertise is required, and designates the Office of Hawaiian Affairs (OHA) to nominate candidates for the traditional Native Hawaiian land usage seat. I urge the Committee to pass this bill
for the following reasons:
Project Planning Must Consider Water Availability:
Water and land are connected, and this is especially apparent in an island context. Each LUC decision that allows for denser development carries implicit assumptions about associated water resource availability. Sound land use decision-making requires deliberate consideration of water source availability and impacts. A dedicated water expert seat would help ensure this type of careful deliberation occurs at the outset of project planning before project size and infrastructure decisions have been locked in.
Professional Best Practices call for Integrated Water and Land Use Planning:
Multiple professional associations, including the American Planning Association, encourage and support integrated water and land use planning as a best practice. As such, other states have also integrated water and land use planning processes by ensuring water management is considered early in the project entitlement process. This model of planning best protects water sources over the long term.
Supporting the LUC
’s Constitutional Duties:
As a state agency, the LUC has affirmative constitutional duties to protect public trust water resources and Native Hawaiian rights. Strengthening its membership with a water expert will better equip the LUC to fulfill its duty to protect public trust water resources. Moreover, allowing OHA a role in recruiting, vetting, and nominating candidates to the traditional Hawaiian Land usage seat would
provide beneficiaries and the general public with the opportunity to provide early input on the selection of candidates. OHA nominees would be approved by the Board of Trustees at a public meeting prior to nomination, allowing for community input and feedback, and fostering greater awareness of the LUC’s critical role in protecting our ‘āina.
Accordingly, I urge the Committee to
PASS
HB2103 HD2
Mahalo for the opportunity to testify.
Your Name
Your City, Island
Hawaiians Deserve 20% of PLT Revenues
HB2582 HD2 & HB2584 HD1)
Good news! On Tuesday, March 24, at 1:00 p.m. in Room 224,
the Senate Committee on Hawaiian Affairs will hear two bills vital to ensuring that Native Hawaiians receive their 20% pro rata share of public land trust (PLT) revenues promised by our Constitution and state law: HB2582 HD2 and HB2584 HD1.
Mahalo to everyone who contacted Senator Richards to secure a hearing for these bills!
Submit Testimony by Monday, March 23, at 1:00 p.m.
Testimony received after the deadline will be accepted but will be considered late. If you wish to testify
via videoconference (Zoom)
, you must also submit written testimony
Click here to submit testimony on HB2582 HD2 & HB2584 HD1
Click to Learn More & For Sample Testimony for HB2582 HD2 & HB2584 HD1
SUMMARY OF HB2582 HD2 (Relating to Hawaiian Affairs)
In 2022, Act 226 created the Public Land Trust Working Group (PLTWG) to: 1) account for all ceded lands in the public lands trust (PLT); 2) account for all income and proceeds from the PLT; and 3) ensure that OHA receives its 20% share as mandated by law.
The PLTWG’s mandate is to resolve decades of disputes concerning the amount due to OHA’s Native Hawaiian beneficiaries.
HB2582 HD2 would advance this work by authorizing OHA to procure third party financial experts on behalf of the PLTWG; expand PLTWG membership to include representatives from both the legislature and the community; and mandate that all members have relevant background and expertise.
SUMMARY OF HB2584 HD1 (Relating to the Public Land Trust)
Currently, OHA receives
only $21.5 million per year
of public land trust revenues—
far below the $35 to 80 million that a 2016 OHA financial review showed was due.
HB2584 HD1 would increase OHA’s public land trust revenue for a temporary 2-year period to ensure that OHA receives closer to 20% while the PLTWG completes its work.
OHA is asking for a temporary increase of $50 million per year, as there is enough money in the state’s carry forward trust account to fund this increase.
These funds have already been identified by the state as being due to OHA but were not paid out due to the $21.5 million legislative cap.
WHY THESE BILLS ARE CRITICAL FOR NATIVE HAWAIIANS
The nearly 1.3 million acres in the public land trust (PLT) are primarily crown and government lands seized during the illegal overthrow of the Hawaiian Kingdom and “ceded” to the United States without the consent of, or compensation to, Native Hawaiians.
The Hawai
i State Constitution guarantees Native Hawaiians a pro-rata share of PLT revenue and establishes OHA to administer these funds on behalf of its beneficiaries. State law, HRS § 10-13.5, affirms this share to be 20%.
An OHA-funded financial review of fiscal year 2016 agency reporting determined that OHA’s annual share is $35 million – if only including those revenues the state has admitted it owes – and $80 million if all revenues are considered.
Chronic underfunding of OHA limits its ability to provide programs, grants, loans, research, and advocacy to directly uplift Native Hawaiians and violates the state’s trust obligations to public land trust beneficiaries.
Please use these sample testimonies to draft your own testimony.
Sample testimony for HB2582 HD2
Aloha e Chair Richards, Vice Chair Lamosao, and Members of the Senate Committee on Hawaiian Affairs.
Mahalo nui for setting this important measure for hearing.
I am submitting this testimony to express my strong support for HB2582 HD2 to ensure that Native Hawaiian beneficiaries receive their rightful share of revenues generated from the public land trust through full support of the Public Land Trust Working Group (PLTWG).
The Hawai
i State Constitution guarantees Native Hawaiians a fair, pro-rata portion of income derived from the public land trust and established the Office of Hawaiian Affairs to administer those funds on their behalf. The public land trust is comprised primarily of Hawaiian Kingdom crown and government lands seized during the illegal overthrow, ceded to the United States by the Republic of Hawai‘i without the consent of, or compensation to, Native Hawaiians, and transferred to the State of Hawai‘i through the Admissions Act.
Despite moral and legal claims, OHA continues to receive only $21.5 million annually, an amount that falls painfully short of the 20% of public land trust revenues owed under the Hawai‘i Constitution and state law.
Specifically, a
2016 financial analysis found revenue sources that support OHA receiving between $35 and $80 million, depending on the revenue streams included. This shortfall directly limits OHA’s ability to carry out its constitutional kuleana – and even more so during a time of critical cuts to federally funded Native Hawaiian programs.
This bill would help advance justice for OHA’s Native Hawaiian beneficiaries by authorizing OHA to hire third party professionals on behalf of the PLTWG. While the legislature has the authority and duty to immediately raise the amount transferred to OHA annually based on publicly available data, directing the PLTWG to hire third party professionals is a critical pathway to resolve disputes around revenues and lands that may discourage the legislature from immediately taking this step. Guaranteeing involvement by legislative representatives and a community member with relevant background and expertise will also help advance the PLTWG’s important work and ensure legislative confidence in the final report.
As an OHA beneficiary and voter, I respectfully urge the Committee to pass HB2582 HD2 and ensure the PLTWG has the resources and authority necessary to fulfill its mandate.
Mahalo for the opportunity to testify.
[Your Name]
[Your Contact Information]
Sample testimony for HB2584 HD1
Aloha e Chair Richards, Vice Chair Lamosao, and Members of the Senate Committee on Hawaiian Affairs.
Mahalo nui for setting this important measure for hearing.
I am submitting this testimony to express my strong support for HB2584 HD1, to ensure Native Hawaiian beneficiaries of the Office of Hawaiian Affairs (OHA) receive their fair share of state revenues from the public land trust. While temporary, raising the current $21.5 million cap on payments to OHA is an intermediary step towards greater justice for Native Hawaiians. I respectfully ask that the Committee set the annual payment at $50 million, which more accurately reflects OHA’s 20% share due under state law.
OHA carries a large kuleana to better the conditions of Native Hawaiians. OHA has a proven track record of investing in strategic, innovative, and award-winning programs and services that advance systemic solutions to challenges faced by Hawaiians and other Hawai‘i residents. As a snapshot, OHA-funded programs and services have launched small businesses; moved families off the streets; sent students to college; empowered grassroots groups to steward natural resources; and increased capacity of Hawaiian language charter schools to serve their surrounding communities. Without full funding, OHA’s ability to fill its critical kuleana is compromised.
This bill is not just about funding; it’s also about fairness and justice. The public land trust consists primarily of crown and government lands that were seized during the illegal overthrow of the Hawaiian Kingdom, ceded to the United States by the Republic of Hawai‘i without the consent of or compensation to Native Hawaiians, and transferred to the State of Hawai‘i through the Admissions Act. Native Hawaiians have legal as well as moral claims, not only to income, but also to governance over these lands. Despite these claims, OHA receives only $21.5 million per year compared to an estimated $80 million that a 2016 OHA financial review showed were due to OHA nearly a decade ago
As an OHA beneficiary and a voter, I urge the committee to
pass HB2584 HD1
to help bring annual payments to OHA from the public land trust closer to $80 million, and at least to $50 million, as this amount is already available in the state’s carry over trust account to meet the state’s constitutional obligations to Native Hawaiians.
Mahalo for the opportunity to testify.
Your Name
Your Contact Information
Protect Iwi Kūpuna and Support Island Burial Councils (HB2104 HD2)
The
Senate Committee on Hawaiian Affairs
will hear
HB2104 HD2
on
Tuesday, March 24, at 2:05 p.m.
Submit Testimony on HB2104 HD2 by Monday, March 23, at 2:05 p.m.
Testimony received after the deadline will be accepted but will be considered late. If you wish to testify
via videoconference (Zoom)
, you must also submit written testimony.
Click here to submit testimony on HB2104 HD2
Click to Learn More & For Sample Testimony for HB2104 HD2
SUMMARY OF HB2104 HD2 (Relating to Island Burial Councils)
Island Burial Councils (IBCs) are the volunteer councils that make decisions about how iwi kūpuna (Hawaiian ancestral remains) are treated when identified prior to construction.
Unfortunately, the IBCs often struggle to convene because of barriers in the law, resulting in multiple cancelled meetings each year.
HB2014 HD2 reduces these structural barriers by:
Removing the existing prohibition on compensating IBC members to allow OHA to provide stipends so that financial need is not a barrier to service;
Reforming the quorum requirements to a majority of
appointed
members (rather than including vacant seats) so IBCs can meet and make decisions more regularly; and
Extending the timeline to recruit and nominate new IBC members for midterm vacancies to ensure adequate recruitment and publication timelines.
WHY THIS BILL IS CRITICAL FOR NATIVE HAWAIIANS
IBCs are the primary mechanism through which Native Hawaiian lineal and cultural descendants exercise decision-making power and self-determination over the care of their ancestors.
When IBCs continually fail to meet, these voices are excluded.
Functioning IBCs prioritize place-based decision-making proven to be effective in ensuring that decisions are culturally informed and have landowner buy-in.
Moku representatives are selected on their “understanding of the culture, history, burial beliefs, customs, and practices of Native Hawaiians in the region they each represent.”
Allowing moku representatives to receive an optional stipend may increase participation for potential members who want to participate but face financial barriers to service.
SAMPLE TESTIMONY IN SUPPORT OF HB2104 HD2
Use this sample to submit your own testimony:
Aloha e Chair Richards, Vice Chair Lamosao, and Members of the Senate Committee on Hawaiian Affairs.
I am writing in
support of HB2104 HD2
for the following reasons:
Ensuring Island Burial Councils Conduct Business:
Quorum reform ensures Island Burial Councils (IBC) remain functional rather than merely symbolic. IBCs often struggle to fill all entitled seats while current quorum requirements count vacant positions which frequently prevents Councils from meeting and conducting business resulting in repeated cancellations. Adjusting the quorum requirement to a majority of
appointed
members provides a simple, practical fix that allows Councils to fulfill their statutory duties.
A Modest Stipend Option Supports Recruitment and Participation:
IBC members currently serve without compensation, creating barriers for community members who must balance council duties with work and family obligations. The option for OHA to provide stipends to moku representatives would make IBC service more accessible, reduce vacancies, encourage participation, and acknowledge the value of services provided by Native Hawaiians who serve as council members.
Strong Island Burial Councils Benefit All Parties:
Reliable, fully functioning Island Burial Councils help prevent unnecessary project delays while upholding the state’s trust obligation to protect ancestral remains. Effective Councils allow families and cultural descendants to fulfill their kuleana to care for iwi kūpuna and provide project proponents with clear, timely, and culturally responsible direction when burials are discovered.
Accordingly, I ask the Committee to
PASS HB2104 HD2
Mahalo for the opportunity to testify.
[Your Name]
[Your Contact Information]
Call for Public Land Trust Hearing Today! (HB2582 and HB2584)
Two critical public land trust bills need to be scheduled for a hearing by
TOMORROW, MARCH 20
to make their first Senate deadline. Please take a moment right now to call and email the Senate Hawaiian Affairs Chair Senator Tim Richards, and ask that he schedule
HB2582
and
HB2584
for a hearing on Tuesday, March 24.
Click to See Samples and Contact Information
Please immediately call and email Committee Chair Richards to urge him to schedule these critical bills for a hearing.
Aloha,
Two critical public land trust bills need to be scheduled for a hearing by
TOMORROW, MARCH 20
to make their first Senate deadline. Please take a moment right now to call and email the Senate Hawaiian Affairs Chair Senator Tim Richards, and ask that he schedule
HB2582
and
HB2584
for a hearing on Tuesday, March 24.
HB2582
(Relating to Hawaiian Affairs) advances the work of the Public Land Trust Working Group by directing the working group to contract third-party professionals to ensure the accuracy of the state’s public land trust inventory and accounts on revenues generated from these lands. It also expands the membership to include representatives from the legislature and the community, in addition to existing members appointed by the Office of Hawaiian Affairs (OHA) and the governor.
HB2584
(Relating to the Public Land Trust) temporarily increases annual public land trust payments to OHA to come closer to the actual 20% due under law. Currently, OHA receives only $21.5 million per year from public land trust revenues—far below the $35 million (uncontested revenue streams) to $80 million (contested revenue streams) that OHA’s 2016 financial review demonstrated was due to the agency nearly 10 years ago.
Please take a moment to call and email Committee Chair Richards to urge him to schedule these critical bills for a hearing on Tuesday, March 24
Sample messages and the Senator’s contact information below:
Call:
Senator Richards at 808-586-6760 (please ask to speak to the senator or Reggie Garcia)
Message:
Aloha Chair Richards, my name is ___ and I am calling to ask that you schedule HB2582 and HB2584 for a hearing on Tuesday, March 24.
These measures are critical to the public land trust and to Native Hawaiian beneficiaries served by OHA, who have gone decades without receiving the full share of public revenues they are owed under the law.
HB2582
would ensure an accurate state inventory of the lands in the public land trust and the revenues they generate with the help of third party professionals—an essential step toward accountability and restoring public trust.
This updated financial review with accurate data and information is necessary to resolve the state’s longstanding obligation to provide Native Hawaiians, through OHA, their rightful 20% share of all public land trust revenues.
HB2584
would provide a temporary 2-year funding increase from $21.5 milliion to $50 million—still below the full 20%—as a reasonable, good-faith step to begin addressing years of underpayment while the working group finishes its work.
This proposal represents a real concession by OHA and the Native Hawaiian community, who are willing to accept less than what is owed in order to stop the ongoing shortfall and move toward a fair resolution.
The funding difference between $21.5 and $50 million can be satisfied by money already available in the state’s carry forward trust account—funds already identified by agencies as due to OHA—so it does not impact other state budget priorities.
At minimum, these bills deserve a public hearing so beneficiaries can be heard. To deny a hearing would only deepen a longstanding injustice.
Email:
[email protected]
Subject:
Please Hear HB2582 and HB2584
Aloha Chair Richards,
I kindly urge you to schedule both HB2582 and HB2584 for a hearing. These measures go to the heart of the state’s obligations under the public land trust—an obligation owed to the hundreds of thousands of Native Hawaiian beneficiaries served by the Office of Hawaiian Affairs (OHA). For decades, those beneficiaries have been deprived of the full measure of services, funding, and programming that would have been possible had the spirit and letter of public land trust laws been honored
The Hawaiʻi State Constitution guarantees Native Hawaiians a pro-rata share of the public land trust revenue, and HRS section 10-13.5 recognizes that share as 20%. Yet OHA, the constitutionally identified body to administer these funds for the betterment of Native Hawaiians, only receives $21.5 million annually, far below the $80 million estimated in 2016. The result is not abstract; it is borne daily by beneficiaries in the form of under-resourced programs, deferred opportunities, and unmet community needs.
HB2582 and HB2584 advances justice for OHA’s Native Hawaiian beneficiaries by strengthening the Public Land Trust Working Group and increasing OHA’s annual PLT revenue closer to the 20% it is owed. The bills reflect meaningful concessions by OHA and the Native Hawaiian community. Rather than insisting on the full 20% immediately owed, they are willing to accept a reduced amount for a limited two-year period to begin addressing years of severely underfunded revenue payments.
To deny a hearing on this proposal would not simply maintain the status quo—it would compound a longstanding injustice. I call on the Senate Hawaiian Affairs Committee, a body entrusted with advancing the wellbeing of Native Hawaiians, to at minimum set these bills for a full public hearing. Beneficiaries should have the opportunity to share directly how these funding gaps have affected their lives, their families, and their communities—and why this course correction matters now.
I urge you to do what is right: schedule for HB2582 and HB2584 for a hearing on March 24, listen to the voices of those impacted, and support a path forward that honors the state’s commitments.
Mahalo nui,
[Your Name]
[City, Island]
Strengthen Protections for Wai (Fresh Water)
The
House Water and Land Committee
will hear
SB2002 SD2 on Tuesday, March 17, at 9:00 a.m.
Click to Learn More & For Sample Testimony for SB2002 SD2
SB2002 SD2 would empower the Commission on Water Resource Management to better protect, remediate, and preserve our precious wai (fresh water) resources through greater independence.
Submit Testimony by Monday, March 16, at 9:00 a.m.
Testimony received after the deadline will be accepted but considered late. Those who wish to testify
via videoconference
must also submit written testimony.
Click here to submit testimony on SB2002 SD2
Summary of SB2001 SD2 (Strengthen Protections for Wai):
Allows the Commission on Water Resource Management (CWRM) to employ its own counsel, similar to other specialized agencies (e.g., the Public Utilities Commission).
Creates the position of executive director and ensures the executive director chairperson of CWRM are separate and independent from the Department of Land and Natural Resources (DLNR).
Adds an appointee of the Office of Hawaiian Affairs (OHA) to the committee responsible for nominating CWRM members.
Enhances the commission’s enforcement and regulatory powers to protect wai, including through higher penalties.
Why This Bill is Critical for Native Hawaiians:
CWRM is the primary agency responsible for protecting the State’s wai (fresh water).
Independence from political pressure is key to ensuring CWRM decisions promote public trust rights in water, including the right to exercise traditional and customary practices like kalo cultivation protected by the Hawaiʻi State constitution.
This bill would strenghten and enhance CWRM’s independence and also update its enforcement powers, strenghtning CWRM’s ability to hold bad actors accountable for illegal water diversion and other violations of public water rights.
These reforms are timely as climate change excacerbates demand on scarce water resources, threatening to further entrench historical disenfranchisement of Native Hawaiians and other instream water users.
OHA recently convened a webinar panel that discussed the importance of CWRM, and other boards and commissions, to uplifting Native Hawaiian Rights. Watch the
webinar panel recording here
Sample Testimony in Support of HB2101 HD1
Use this sample to submit your own testimony:
Aloha e Chair Hashem, Vice Chair Morikawa, and Members of the Committee,
I am writing in
support of SB2002 SD2
, which will provide the Commission on Water Resource Management (CWRM) much needed protection from political influence and facilitate more independent decision making to truly uphold its motto as “Ke kahuwai pono” (trustees who oversee the rightful sharing of water).
I urge the Committee to pass this bill for the following reasons:
Protect CWRM from Political Influence
This bill will provide CWRM and its staff with much needed protection from political influence by allowing commissioners to elect their own chairperson, hire independent legal counsel, and hire an independent executive director who would be subject to annual performance review by the commissioners. This freedom will allow CWRM to focus attention on its critical work to enforce the State Water Code, HRS Chapter 174C, and uphold the constitutional public trust in water.
Protect Water as a Public Trust Resource and Hold Violators Accountable
Although CWRM is authorized to hold law breakers accountable with penalties and fines, this bill updates penalties to provide CWRM more “teeth” for enforcing its decisions. With climate change exacerbating longstanding water conflicts, and incentives for diverters to violate protections set by the State Water Code, these updated penalties are necessary to ensure the best management of wai (fresh water) as a public trust resource.
Support Native Hawaiians’ Vested Interest in Wai Resources
Native Hawaiian communities have long suffered injustices at the hands of large sugar plantations and other business ventures diverting our most precious live-giving resource, wai, with little accountability prior to the enactment of the State Water Code. Including the Office of Hawaiian Affairs as part of this CWRM reform to assist with selection of members to the CWRM nominating committee acknowledges Native Hawaiians’ vested interest in wai resources and is a step in the right direction to address longstanding injustices.
Accordingly,
I urge the Committee to PASS SB2002 SD2
Mahalo for the opportunity to testify.
Ola I ka Wai!
[Your Name]
[Your City, Island]
Ban Commercial Aquarium Collection (
HB2101 HD1)
On Monday, March 2, at 10:00 a.m., in Room 308 the House Committee on Finance will hear HB2101 HD1 to ban commercial aquarium collection.
Click to Learn More & For Sample Testimony for HB2101 HD1
Written and oral testimony is critical to ensure passage in the House, and to request to reverse an amendment made in the last hearing limiting the ban to Hawai‘i Island.
Submit Testimony by Sunday, March 1, at 10:00 a.m.
Testimony received after the deadline will be accepted but considered late. Those who wish to testify
via videoconference
must also submit written testimony.
Click here to submit testimony on HB2101 HD1
Summary of HB2101_HD1 (Relating to Commercial Aquarium Collection):
HB2101 HD1 bans collection of Hawai‘i’s marine life for sale as aquarium pets.
HB2101 HD1 explicitly preserves collection for:
Traditional and customary practices;
Scientific research and education, such as the Waikīkī Aquarium;
Aquaculture and captive-breeding programs, including fishponds; and
Personal use, such as bait.
In the last hearing before the Energy & Environmental Protection and Water and Land committees, the ban was amended to be limited to Hawai‘i Island, rather than reaching statewide.
WHY THIS BILL IS CRITICAL:
Commercial aquarium collection is geographically targeted and has highly localized impacts on reefs and communities where extraction is focused. Limiting the ban to Hawaiʻi Island leaves the nearshore ecosystems of other islands vulnerable.
Communities—and particularly Native Hawaiian cultural practitioners—have called for an end to the industry to protect nearshore ecosystems.
In 2017, the Hawaiʻi Supreme Court halted collection under the Hawai‘i Environmental Policy Act (HEPA), meaning that collectors have not legally engaged in the practice for nearly a decade.
Now the Division of Aquatic Resources (DAR) is proposing rules to reopen West Hawai‘i to the seven businesses who completed the HEPA process.
Under the quota system established by DAR to support this proposal, collection is essentially closed to new participants and will require intensive DOCARE resources to enforce and police.
There are Native Hawaiian communities across the pae ʻāina waiting for DAR’s support to co-manage their marine resources and address other urgent threats.
Banning aquarium collection statewide not only protects the nearshore resources of all islands and Native Hawaiian communities but also enables DAR to focus its attention where it is critically needed.
Click here to submit testimony on HB2101 HD1
Use these samples to submit your own personalized testimony:
SAMPLE TESTIMONY 1
Aloha e Chair Todd, Vice Chair Takenouchi, and Members of the House Committee on Finance:
I strongly support HB2101 HD1
which would establish a ban on the collection of reef resources for commercial aquarium sale and ensure that West Hawai‘i and other areas targeted by the industry remain closed as they have been for the past 10 years. I also request that this ban be extended statewide for the following reasons:
Protecting Targeted Communities
Commercial aquarium collection removes vital species from our reef ecosystems for commercial sale and captivity. Historically, commercial aquarium collectors have focused their efforts on specific geographic areas—with measurable negative effects on the density of fish and other species in these areas. Species targeted for collection include culturally valuable fish such as lauʻī pala (Yellow Tang) and umaumalei (Clown Tang). Practitioners have observed a decline in abundance of these species over the years.
Ensuring Reef Health
Meanwhile, healthy and vibrant coral reefs generate more than
$1.2 billion annually in tourism revenue
and provide critical ecosystem services, including shoreline protection and food security. A statutory ban on commercial aquarium collection protects this economic engine and foundation of resilience, and preserves Hawaiʻi’s marine resources for future generations by ensuring species that support reef health stay on the reef.
Reducing Regulatory Costs
A clear prohibition would also simplify enforcement and reduce the cost of this industry to the state. To support its recent conclusion that commercial aquarium extraction in West Hawai‘i is sustainable, the Division of Aquatic Resources created a quota-based permit system which essentially closes the industry to all but the seven businesses who participated in the environmental review process. A quota-based permit system closes economic pathways to industry newcomers and requires intense policing that takes away from other vital duties of our DOCARE officers. This means that resources that could be directed elsewhere will be used to supervise a small number of industry participants.
For these reasons, I respectfully urge the Committees to
pass HB2101 H1, with an amendment to restore the ban statewide, as originally drafted.
Mahalo for the opportunity to testify,
[Your Name]
[City / Island]
[Optional: Organization]
Sample Testimony 2:
Aloha e Chair Todd, Vice Chair Takenouchi, and Members of the House Committee on Finance:
I strongly support HB2101 HD1
which would establish a ban on the collection of reef resources for commercial aquarium sale and ensure that West Hawai‘i and other areas targeted by the industry remain closed as they have been for the past 10 years. I also request that this ban be extended statewide for the following reasons.
Commercial aquarium fishing flies in the face of Hawaiʻi’s constitutional public trust doctrine, which requires that our natural and cultural resources be used and conserved for the public good, rather than private gain. The aquarium collection industry has extracted and exported millions of specimens of public trust marine life for commercial sale, the vast majority of which reportedly die during, or within a year after, collection.
At the same time, this commercial activity has diminished the ecological and cultural integrity of our reef systems, undermined the state’s food security and climate resilience, and degraded a cornerstone of our tourism-based economy. Not surprisingly, the majority of Hawaiʻi residents, and Native Hawaiian subsistence communities in particular, support a total ban on commercial aquarium collection.
While commercial aquarium collection has not been allowed for the better part of a decade, the Division of Aquatic Resources (DAR) has recently proposed rules that would reopen West Hawai‘i waters to commercial aquarium collection, claiming that they are mandated to do so under state law. Yet as DAR has recognized, agency rulemaking regulates how an activity operates, not whether the activity should be allowed. Accordingly, the legislature has the authority—and responsibility—to decide whether this activity should be permitted at all.
Healthy coral reefs support food security, cultural and subsistence practices, and shoreline protection. Moreover, on-reef tourism activities that are dependent on vibrant and healthy ecosystems generate approximately $1.2 billion annually in economic benefits. Given the ever-increasing stressors placed on our marine environment, such as climate change impacts, a statutory ban is critical to protect this major economic engine and cornerstone of resilience for our present and future generations.
For these reasons, I respectfully urge the Committees to
pass HB2101 H1, with an amendment to restore the ban statewide, as originally drafted.
Mahalo for the opportunity to testify,
[Your Name]
[City / Island]
Protect OHA’s 20% Share of PLT Revenue (
HB2584 HD1)
On Thursday, February 26, at 2:00 p.m
the
House Committee on Finance
will hear
HB2584_HD1
, a bill to ensure that the Office of Hawaiian Affairs (OHA) receives the rightful share of public land trust revenues due to its Native Hawaiian beneficiaries.
Click to Learn More & For Sample Testimony for HB2584_HD1
Submit Testimony by
Wednesday, February 25, at 2:00 p.m.
Testimony received after the deadline will be accepted but considered late. Those who wish to testify
via videoconference
must also submit written testimony.
Click here to submit testimony on HB2584 HD1
SUMMARY OF HB2584_HD1 (Relating to the Public Land Trust)
Currently, OHA receives
only $21.5 million per year
of public land trust (PLT) revenues—
far below the estimated $35 to 80 million the state owes to OHA by law
HB2584_HD1 would increase OHA’s PLT revenue to an unstated amount closer to the actual 20% due under law for a temporary 2-year period, pending a more complete accounting of the amounts due to OHA.
HB2584_HD1 does not yet include a specific amount
but the hearing in Finance is an opportunity to ensure an amount that better reflects OHA’s 20% share is inserted into the bill
WHY THIS BILL IS CRITICAL FOR NATIVE HAWAIIANS
The Hawaiʻi State Constitution guarantees Native Hawaiians a pro-rata share of PLT revenue and designates OHA to administer these funds on behalf of Native Hawaiian beneficiaries.
The nearly 1.3 million acres in the PLT are primarily crown and government lands seized during the illegal overthrow.
An OHA-funded financial review of fiscal year 2016 agency receipts determined that at least $394,322,163 was generated from the use and rental of PLT lands that year.
At this rate of income generation, the 20% due to OHA is approximately $80 million per year but 10 years later, OHA still receives only $21.5 million annually.
Chronic underfunding shortchanges OHA’s programs to benefit and uplift Native Hawaiians.
Currently, $55 million is available to help fund any temporary two-year increase in an account earmarked for “overpayments” to OHA.
Money in this account would have been transferred to OHA as part of its 20% share of PLT revenue, absent the existing $21.5 million limit on annual payments.
Click here to submit testimony on HB2584 HD1
SAMPLE TESTIMONY IN SUPPORT OF HB2584_HD1.
Use this sample to submit your own testimony:
Aloha e Chair Todd, Vice Chair Takenouchi, and Members of the House Committee on Finance:
I am writing to express my strong support for HB2584_HD1, to ensure Native Hawaiian beneficiaries of the Office of Hawaiian Affairs (OHA) receive their fair share of state revenues from the public land trust. While temporary, raising the current $21.5 million cap on payment to OHA is an intermediary step towards greater justice for Native Hawaiians.
I respectfully ask that the Committee set the annual payment at $50 million, which more accurately reflects OHA’s 20% share due under law.
OHA carries a large kuleana to better the conditions of Native Hawaiians. OHA has a proven track record of investing in strategic, innovative, and award-winning programs and services that advance systemic solutions to challenges faced by Hawaiians and other Hawai‘i residents.
As a snapshot, OHA-funded programs and services have launched small businesses; moved families off the streets; sent students to college; empowered grassroots groups to steward natural resources; and increased capacity of Hawaiian language charter schools to serve their surrounding communities. Without full funding, OHA’s ability to fulfill its critical kuleana is compromised.
This bill is not just about funding: it’s also about fairness and justice. The public land trust consists primarily of crown and government lands that were seized during the illegal overthrow of the Hawaiian Kingdom.
Native Hawaiians have legal as well as moral claims not only to income, but to governance over these lands. Despite these claims, OHA receives only $21.5 million per year compared to an estimated $80 million that a 2016 OHA financial review showed were due to OHA nearly a decade ago
As an OHA beneficiary and a voter, I urge the committee to pass HB2584_HD1 to help bring annual payments to OHA from the public land trust closer to $80 million, and at least $50 million, as this amount is already available in the state’s carry over account.
Mahalo for the opportunity to testify.
Your Name
Your Contact Information
Help the LUC to Protect our Wai! (HB2103_HD1)
The
House Judiciary and Hawaiian Affairs Committee
will hear
HB2103_HD1
on
Tuesday, February 24, at 2:00 p.m.
Support this Office of Hawaiian Affairs (OHA) package bill to empower the Land Use Commission (LUC) to better protect our wai (fresh water) and traditional and customary practices threatened by development.
HB2103_HD1
requires at least one member to have water management expertise and designates OHA to nominate candidates for the traditional Hawaiian land usage seat.
Click to Learn More & For Sample Testimony for HB2103 HD1
Submit Testimony by Monday, February 23, at 2:00 p.m.
Testimony received after the deadline will be accepted but considered late. Those who wish to testify
via videoconference (Zoom)
must also submit written testimony.
Click here to submit testimony on HB2103 HD1
WHY THIS BILL IS CRITICAL FOR NATIVE HAWAIIANS
The LUC was created in 1961 in response to the rapid and unregulated conversion of prime agricultural lands into other profit-driven uses during the Territorial period.
The LUC is responsible for larger planning decisions that determine how land is used, and for classifying land into four districts: conservation, rural, agricultural, urban.
Developers petition the LUC to reclassify land, usually to allow for more development or other uses on their land.
As a quasi-judicial body, the LUC can require landowners and developers to protect natural resources and cultural practices, fulfill affordable housing mandates, and provide other community benefits.
The LUC’s unique quasi-judicial process not only provides for appropriate due process, but also for public trust and Ka Paʻakai analyses as critical components to protecting Native Hawaiian rights.
Informed land use decisions cannot be made without considering water source availability.
This bill would require that the LUC have at least one member with expertise in water resource management and designate OHA to nominates candidates for the existing traditional Hawaiian Land usage
These amendments would assure the LUC has the expertise to ensure that the constitutional principles protecting both wai and Native Hawaiians are consistently enforced.
SAMPLE TESTIMONY IN SUPPORT OF HB2103_HD1:
Aloha e Chair Tarnas, Vice Chair Poepoe, and Members of the Committee.
I am writing in
support
of HB2103_HD1, which strengthens the Land Use Commission (LUC) by requiring at least one member have expertise in water management, and by designating the Office of Hawaiian Affairs (OHA) to nominate candidates for the traditional Native Hawaiian land usage seat. I urge the Committee to pass this bill for the following reasons:
Project Planning Must Consider Water Availability
Water and land are connected, and this is especially apparent in an island context. Each LUC decision that allows for denser development increases the burden on our water resources. Sound land use decision-making requires deliberate consideration of the increased demand associated with different land use entitlements. A dedicated water expert seat would help ensure this type of careful deliberation occurs at the outset of project planning before project size and infrastructure decisions have been locked in.
Professional Best Practices Calls for Integrated Water and Land Use Planning
Multiple professional associations, including the American Planning Association, encourage and support integrated water and land use planning as a best practice. As such, other states have also integrated water and land use planning processes to ensure water management is considered early in the project entitlement process. This model of planning best protects water sources over the long term and easily integrates into the existing regulatory structure.
Supporting the LUC
’s Constitutional Duties
As a state agency, the LUC has affirmative constitutional duties to protect public trust water resources and Native Hawaiian rights. Strengthening its membership with a water expert will better equip the LUC to fulfill its duty to protect public trust water resources. Moreover, allowing OHA a role in recruiting, vetting, and nominating candidates to the traditional Hawaiian Land usage seat would provide beneficiaries and the general public with the opportunity to provide early input on the selection of candidates. OHA nominees would be approved by the Board of Trustees at a public meeting prior to nomination, allowing for community input and feedback, and fostering greater awareness of the LUC’s critical role in protecting our ‘āina, wai, and cultural practices.
Accordingly, I urge the Committee to
PASS
HB2103_HD1.
Mahalo for the opportunity to testify.
Your Name
Your City, Island
Support OHA’s 2026 Legislative Package and Protect Iwi Kūpuna
(HB2104_HD1)
The
House Committee on Judiciary and Hawaiian Affairs
will be hearing
HB2104_HD1
on
Tuesday, February 24, at 2:00 p.m.
Click to Learn More & For Sample Testimony for HB2104 HD1
Submit Testimony on HB2104 HD1 by Monday, February 23, at 2:00 p.m.
Testimony received after the deadline will be accepted but will be considered late. If you wish to testify
via videoconference (Zoom)
, you must also submit written testimony.
Click here to submit testimony on HB2104 HD1
SUMMARY OF HB2104_HD1 (Relating to Island Burial Councils)
Island Burial Councils (IBCs) are the volunteer councils that make decisions about how iwi kūpuna (Hawaiian ancestral remains) are treated when identified prior to construction.
Unfortunately, the IBCs often struggle to convene because of barriers in the law, resulting in multiple cancelled meetings each year.
HB2104_HD1 reduces these structural barriers by:
Removing the existing prohibition on compensating IBC members to allow OHA to provide stipends so that financial need is not a barrier to service;
Reforming the quorum requirements to a majority of
appointed
members (rather than including vacant seats) so IBCs can meet and make decisions more regularly; and
Extending the timeline to recruit and nominate new IBC members for midterm vacancies to ensure adequate recruitment and publication timelines.
WHY THIS BILL IS CRITICAL FOR NATIVE HAWAIIANS
IBCs are the primary mechanism through which Native Hawaiian lineal and cultural descendants exercise decision-making power and self-determination over the care of their ancestors.
When IBCs cannot meet, these voices are excluded.
Functioning IBCs prioritize place-based decision-making proven to be effective in ensuring that decisions are culturally informed and have landowner buy-in.
Moku representatives are selected based on their “understanding of the culture, history, burial beliefs, customs, and practices of Native Hawaiians in the region they each represent.”
Allowing moku representatives to receive an optional stipend may increase participation for potential members who want to participate but face financial barriers to service.
SAMPLE TESTIMONY IN SUPPORT OF HB2104 HD1
Use this sample to submit your own testimony:
Aloha e Chair Tarnas, Vice Chair Poepoe, and Members of the House Committee on Judiciary and Hawaiian Affairs.
I am writing in
support of HB2104 HD1
for the following reasons:
Ensuring Island Burial Councils Conduct Business:
Quorum reform ensures Island Burial Councils (IBC) remain functional rather than merely symbolic. IBCs often struggle to fill all entitled seats, and current quorum requirements count vacant positions, which frequently prevents Councils from meeting and conducting business and results in repeated cancellations. Adjusting quorum to a majority of
appointed
members provides a simple, practical fix that allows Councils to fulfill their statutory duties.
A Modest Stipend Option Supports Recruitment and Participation:
IBC members currently serve without compensation, creating barriers for community members who must balance council duties with work and family obligations. The option for the Office of Hawaiian Affairs to provide stipends to moku representatives would make IBC service more accessible, reduce vacancies, encourage participation, and acknowledge the value of services provided by Native Hawaiians who serve as council members.
Strong Island Burial Councils Benefit All Parties:
Reliable, fully functioning Island Burial Councils help prevent unnecessary project delays while upholding the state’s trust obligation to protect ancestral remains. Effective Councils allow families and cultural descendants to fulfill their kuleana to care for iwi kūpuna and provide project proponents with clear, timely, and culturally responsible direction when burials are discovered.
Accordingly, I ask the Committee to support of HB2104 HD1.
Mahalo for the opportunity to testify.
[Your Name]
[Your Contact Information]
Ensure That OHA Receives its Fair Share of PLT Revenues (HB2582)
On Thursday, February 19, at 9:00a.m. the
House Committee on Water & Land
will hear HB2582, a bill to ensure that the Public Land Trust Working Group (PLTWG) receives resources and authority to determine the 20% of public land trust (PLT) revenues due to the Office of Hawaiian Affairs (OHA) under the Hawai‘i Constitution and state law.
Click to Learn More & For Sample Testimony for HB2582
Submit Testimony by Wednesday, February 18 ,at 9:00 a.m.
Testimony received after the deadline will be accepted but considered late. Those who wish to testify
via videoconference (Zoom)
must also submit written testimony
Click here to submit testimony on HB2582
Summary of HB2582 (Relating to Hawaiian Affairs):
In 2022, Act 226 created the PLTWG working group to: 1) account for all ceded lands in the PLT; 2) account for all income and proceeds from the PLT; and 3) ensure that OHA receives its 20% share as mandated by state law.
The PLTWG was intended to resolve decades of disputes concerning the amount due to OHA’s Native Hawaiian beneficiaries.
HB2582 would advance this work by directing the PLTWG to contract third-party professionals to help fulfill the mandate of Act 226 and by designating OHA to administratively support these professionals.
HB2582 would also set specific deadlines for interim and final reports related to the land inventory and receipts audit, and amend the composition of the PLTWG to add additional members.
Why This Bill is Critical for Native Hawaiians:
The Hawaiʻi State Constitution guarantees Native Hawaiians a pro-rata share of public land trust (PLT) revenues and designates OHA to administer these funds on behalf of Native Hawaiian beneficiaries.
The nearly 1.3 million acres in the PLT are primarily Hawaiian crown and government lands seized during the illegal overthrow.
An OHA-funded financial review of fiscal year 2016 agency reporting determined that the 20% due to OHA at that time was approximately $80 million per year.
Even though Act 226 increased the amount that agencies must transfer to OHA, OHA still receives only $21.5 million annually, about 5% of the proceeds identified in the 2016 financial review.
This chronic underfunding limits OHA’s ability to offer programs, grants, loans, research, and advocacy to directly uplift Native Hawaiians.
A renewed review of audits and receipts by the PLTWG, with assistance from outside professionals, would provide updated financial data and help resolve misconceptions that discourage some legislators from raising the cap on the amount OHA receives each year.
While the legislature has the authority and duty to immediately raise the cap based on publicly available data, OHA supports legislation directing the PLTWG to hire third-party professionals to assist in meeting the mandates of Act 226.
OHA is also asking to amend the changes to the working group composition to ensure that OHA’s voting power is not diluted.
Sample Testimony in Support with Amendments of HB2582
Use this sample to submit your own testimony:
Aloha e Chair Hashem, Vice Chair Morikawa, and Members of the House Committee on Water & Land.
I am writing to express my strong support for HB2582, to ensure that Native Hawaiian beneficiaries receive their rightful share of revenues generated from the public land trust (PLT) through full support of the Public Land Trust Working Group (PLTWG).
The Hawaiʻi State Constitution guarantees Native Hawaiians a pro rata portion of income derived from the PLT and designates OHA to administer those funds on their behalf.
The PLT is comprised primarily of Hawaiian Kingdom crown and government lands seized during the illegal overthrow. These lands were ceded to the United States by the unlawful Republic of Hawai‘i without the consent of, or compensation to, Native Hawaiians, and eventually transferred to the State of Hawai‘i through the 1959 Admissions Act.
Despite moral and legal claims made over decades, OHA continues to receive only $21.5 million annually, an amount that falls painfully short of the 20% of public land trust revenues it is owed under the Hawai‘i Constitution and state law. See Hawai‘i Revised Statutes (HRS) §10-13.5.
Specifically, a 2016 financial analysis found revenue sources that suggest that OHA should receive between $35 and $80 million annually, depending on the revenue streams included. This shortfall directly limits OHA’s ability to carry out its constitutional kuleana, which is particularly concerning during this time of cuts to critical, federally funded Native Hawaiian programs.
This bill would help advance justice for OHA’s Native Hawaiian beneficiaries by directing the PLTWG to hire third-party professionals, and ensure completion of the work set forth in Act 226.
While the legislature has the authority and duty to immediately raise the annual amount transferred to OHA based on publicly available data, directing the PLTWG to hire third-party professionals is a critical pathway to resolve disputes around revenues and lands that may discourage the legislature from immediately taking this step.
At the same time, I respectfully request that you ensure that OHA has a representative voice on the PLTWG by amending the bill so that OHA retains four of nine designated seats, with the ninth seat (designated for a community member) to be elected by the other eight members.
As a beneficiary and voter, I respectfully urge the Committee to pass HB2582 and ensure that the PLTWG has the resources and authority necessary to fulfill its mandate.
Mahalo for the opportunity to testify.
[ Your Name ]
[ City, Island ]
Ban Commercial Aquarium Collection (HB2101)
On Wednesday, February 18, at 8:45 a.m. in Room 411, the
House Committees on Energy and Environmental Protection
and
Water and Land
will hear
HB2101
to ban commercial aquarium collection.
The Senate companion, SB2535, was deferred on Friday by the Senate Hawaiian Affairs and Water and Land Committees. Written and oral testimony is critical to ensure passage in the House.
Click to Learn More & For Sample Testimony for HB2101
Submit Testimony on HB2101 by Tuesday, February 17, at 8:45 a.m.
Testimony received after the deadline will be accepted but considered late. Those who wish to testify
via videoconference (Zoom)
must also submit written testimony
Click here to submit testimony on HB2101
Summary of HB2101 (Relating to Environmental Protection):
HB2101 bans collection of Hawai‘i’s marine life for sale as aquarium pets.
HB2101 explicitly preserves collection for:
Traditional and customary practices;
Scientific research and education programs, such as the Waikīkī Aquarium;
Aquaculture and captive-breeding programs, including fishponds; and
Personal use, such as bait.
HB2101 deletes the statutory section which the Attorney General claims prevents the Board of Land and Natural Resources (DLNR) from banning commercial aquarium collection at the agency level.
WHY THIS BILL IS CRITICAL:
The negative impact of commercial aquarium collection on our reef ecosystems has adversely affected our community for decades.
Maui, Kaua‘i, and Hawai‘i counties have all enacted resolutions limiting commercial aquarium collection or calling for an outright ban.
Communities in areas where the industry targets its collections have also called for a ban of the practice, which has highly localized impacts and impairs subsistence uses of reef resources in the targeted areas, including Native Hawaiian traditional and customary practices.
In 2017, the Hawaiʻi Supreme Court halted collection until the industry completed an environmental review as required by the Hawai‘i Environmental Policy Act (HEPA).
After nearly a decade without commercial collection, the state is now proposing rules to reopen West Hawai‘i to the seven businesses who participated in the HEPA process.
Under the quota system established by the Division of Aquatic Resources (DAR) to support its finding that the industry is “sustainable,” collection would essentially be closed to newcomers and would require intensive Division of Conservation and Resources Enforcement (DOCARE) resources to enforce and police.
There are Native Hawaiian communities across kō Hawaiʻi pae ʻāina waiting for DAR’s support to co-manage their marine resources and address other urgent threats.
Banning aquarium collection would not only protect critical natural resources and Native Hawaiian communities but also enable DAR to focus its attention where it is critically needed.
Use these samples to submit your own personalized testimony:
SAMPLE TESTIMONY 1
Aloha e Chairs Lowen and Hashem, Vice Chairs Perruso and Morikawa, and Members of the House Committees on Energy and Environmental Protection and Water and Land.
I strongly support HB2101 which would establish a statewide ban on the collection of reef resources for commercial aquarium sale and ensure that West Hawai‘i and other areas targeted by the industry remain closed as they have been for nearly 10 years.
Protecting Targeted Communities
Commercial aquarium collection removes vital species from our reef ecosystems for commercial sale and captivity. Historically, commercial aquarium collectors have focused their efforts on specific geographic areas—with measurable negative effects on the density of fish and other species in these areas.
Species targeted for collection include culturally valuable fish such as lauʻī pala (Yellow Tang) and umaumalei (Clown Tang) which practitioners have observed declining in abundance over the years. Worse, about half of the targeted species die during collection and transport, and of those that survive, about 80% die within a year of captivity. In the wild, targeted species like lauʻī pala and umaumalei can live for more than 25 years.
Ensuring Reef Health
Meanwhile, healthy and vibrant coral reefs generate more than
$1.2 billion annually in tourism revenue
and provide critical ecosystem services, including shoreline protection and food security. A statutory ban on commercial aquarium collection protects this economic engine and foundation of resilience and preserves Hawaiʻi’s marine resources for future generations by ensuring species that support reef health remain on the reef.
Reducing Regulatory Costs
A clear prohibition would also simplify enforcement and reduce the cost that this industry poses to the state. To support its recent conclusion that commercial aquarium extraction in West Hawai‘i is sustainable, the Division of Aquatic Resources(DAR) created a quota-based permit system which essentially closes the industry to the seven businesses who participated in the environmental review process. A quota-based permit system closes economic pathways to industry newcomers and requires intense policing that takes away from other vital duties of our Division of Conservation and Resources Enforcement (DOCARE officers). This means that state resources that should be directed elsewhere would be used to manage and oversee the small number of industry participants.
For these reasons, I respectfully urge the Committees to
pass HB2101.
Mahalo for the opportunity to testify.
[Your Name]
[City / Island]
[Optional: Organization]
Sample Testimony 2:
Aloha e Chairs Lowen and Hashem, Vice Chairs Perruso and Morikawa, and Members of the House Committees on Energy and Environmental Protection and Water and Land.
I strongly support HB2101 which would establish a statewide ban on the collection of reef resources for commercial aquarium sale and ensure that West Hawai‘i and other areas targeted by the industry remain closed as they have been for nearly 10 years.
Commercial aquarium fishing flies in the face of Hawaiʻi’s constitutional public trust doctrine, which requires that our natural and cultural resources be used and conserved for the public good, rather than private gain. Prior to 2017, the aquarium collection industry extracted and exported millions of specimens of public trust marine life for commercial sale, the vast majority of which reportedly died within a year after collection.
At the same time, this commercial activity has diminished the ecological and cultural integrity of our reef systems, undermined the state’s food security and climate resilience, and degraded a cornerstone of our tourism-based economy. Not surprisingly, the vast majority of Hawaiʻi residents, and Native Hawaiian subsistence communities in particular, support a complete ban on commercial aquarium collection.
While commercial aquarium collection has not been allowed for the better part of a decade, the Division of Aquatic Resources (DAR) recently proposed rules that would reopen West Hawai‘i waters to commercial aquarium collection, claiming that they are mandated to do so under state law. Yet as DAR has recognized, agency rulemaking regulates how an activity operates, not whether the activity should be allowed. Accordingly, the Legislature has the authority—and responsibility—to decide whether this activity should be permitted at all.
Healthy coral reefs support food security, cultural and subsistence practices, and shoreline protection; on-reef tourism activities generate approximately $1.2 billion annually in economic benefits. Therefore, because of the ever-increasing stressors placed on our precious marine environment, a statutory ban is critical to protect this major economic engine and cornerstone of resilience for present and future generations.
For these reasons, I respectfully urge the Committees to
pass HB2101.
Mahalo for the opportunity to testify.
[Your Name]
[City / Island]
[Optional: Organization]
Protect OHA’s 20% Share of PLT Revenue (HB2584)
The
House Committee on Judiciary and Hawaiian Affairs
will hear HB2584, a bill to ensure that the Office of Hawaiian Affairs (OHA) receives the its rightful share of public land trust (PLT) revenues to benefit Native Hawaiians on
Thursday, February 12, at 2:00 p.m.
Click to Learn More & For Sample Testimony for HB2584
Submit Testimony on HB2584 by Wednesday, February 11, at 2:00 p.m.
Testimony received after the deadline will be accepted but considered late. Those who wish to testify
via videoconference (Zoom)
must also submit written testimony
Click here to submit testimony on HB2584
Summary of HB2584 (
Relating to the Public Land Trust
):
The public land trust (PLT) inventory is comprised of former Hawaiian Kingdom and government lands. Codified in 1980, state law (§HRS 10-13.5) entitles OHA to 20% of all PLT revenues.
Currently, OHA receives only
$21.5 million per year
of PLT revenues—
far below the estimated $35 to $80 million the state owes to OHA under the law.
Chronic underfunding shortchanges OHA’s programs to benefit and uplift Native Hawaiians through innovative programs, individual grants and loans, and systemic advocacy and research efforts.
HB2584 would increase OHA’s public land trust revenue to an unstated amount closer to the actual 20% due under law.
Why this bill is critical for Native Hawaiians:
The Hawaiʻi State Constitution recognizes the Native Hawaiian people’s right to a fair, pro rata share of the income and proceeds from the PLT.
The PLT is comprised primarily of lands seized during the illegal overthrow, and currently held in trust by the State of Hawai‘i.
The state constitution identifies OHA as the body to administer funds from the PLT for the betterment of Native Hawaiians.
Despite these constitutional mandates, Native Hawaiians continue to struggle to ensure they get their fair share of PLT revenues, recognized and affirmed in statute as 20% of all revenues.
An OHA-funded financial review of fiscal year 2016 agency reporting determined that the amount due to OHA at that time was approximately $35 million from
uncontested revenue streams
that the state and OHA have historically agreed that OHA is entitled to receive.
OHA believes this amount should have been closer to $80 million per year when revenue streams that the state has historically contested are factored in.
Despite §HRS 10-13.5 being on the books since 1980, OHA receives just $21.5 million per year (about 5%) of PLT revenues.
SAMPLE TESTIMONY IN SUPPORT OF HB2584
Use this sample to submit your own testimony:
Aloha e Chair Tarnas, Vice Chair Poepoe, and Members of the House Committee on Judiciary and Hawaiian Affairs:
I am writing to express my strong support for HB2584, to ensure that Native Hawaiian beneficiaries of the Office of Hawaiian Affairs (OHA) receive their fair share of state revenues from the public land trust.
OHA carries a large kuleana to better the conditions of Native Hawaiians. OHA has a proven track record of investing in strategic, innovative, and award-winning programs and services that advance systemic solutions to challenges faced by Hawaiians and other Hawai‘i residents. As a snapshot, OHA-funded programs and services have launched small businesses, moved families off the streets, sent students to college, empowered grassroots groups to steward natural resources, and increased the capacity of Hawaiian language charter schools to serve their surrounding communities. Without full funding, OHA’s ability to fulfill its critical kuleana is compromised.
This bill is not just about funding: it’s also about fairness and justice. The public land trust consists primarily of crown and government lands that were seized during the illegal overthrow of the Hawaiian Kingdom. Native Hawaiians have legal as well as moral claims – not only to income, but also to governance over these lands. Despite these claims,
OHA receives only $21.5 million per year compared to the estimated $80 million that a 2016 audit showed was due to OHA under state law.
As an OHA beneficiary and a voter, I urge the committee to pass HB2584 to help bring OHA’s funding closer to $80 million per year.
Mahalo for the opportunity to testify.
Your Name
Your Community & Island
Restore Protections for Iwi Kūpuna (HB2102)
The
House Committee on Housing
will hear HB2102, OHA’s package bill restoring vital protections for iwi kūpuna on Wednesday, February 11, at 9:00 a.m.
Click to Learn More & For Sample Testimony for HB2102
Submit Testimony on HB2102 by Tuesday, February 10, at 9:00 a.m.
Testimony received after the deadline will be accepted but considered late. Those who wish to testify
via videoconference (Zoom)
must also submit written testimony
CLICK HERE TO SUBMIT TESTIMONY ON HB2102
Summary of HB2102 (
Relating to Historic Preservation
):
Act 293 (signed July 2025) created a dangerous loophole in Hawaiʻi’s Historic Preservation Law allowing residential projects in so-called “nominally sensitive” areas to bypass historic review.
“Nominally sensitive” could be interpreted to include large, multi-unit projects in areas known to contain a high concentration of iwi, simply because there was prior construction on the site.
However, many subdivisions and neighborhoods in Hawai‘i were built before the law requiring protection and reporting of disinterred iwi and cultural sites was enacted, so “prior construction” itself is not a meaningful measure of risk.
HB2102 would restore long standing protection by removing the “nominally sensitive area” exemption and provide more specific guidelines when historic review should occur for residential properties to prevent harm.
Specifically, any property with or abutting jaucus sands; previously identified burials, cemeteries, or cultural sites; or lava tube systems must be subject to further review.
WHY THIS BILL IS CRITICAL:
Hawai‘i’s Historic Preservation Law is a critical safeguard to prevent development from erasing Hawaiian history, especially through the disturbance of iwi kūpuna, cultural sites, and historic places central to Native Hawaiian identity and wellbeing.
For decades, this law has required project review by the State Historic Preservation Division for risk to cultural sites and iwi.
Early review enables the identification of burials and cultural or historic sites
before
excavation, when project redesign and preservation in place are still viable options.
When iwi kūpuna are discovered during active construction, decisions must be made within 2–3 days to avoid delay, and redesign options are limited.
Moreover, this emergency process sidelines Island Burial Councils and limits meaningful participation by lineal and cultural descendants.
Burial disturbance is irreversible. Once iwi kūpuna are damaged or disturbed, no mitigation can undo the harm.
Restoring early review, particularly in high-risk areas, is essential to protect the voice of lineal and cultural descendants in decisions on the disposition of our iwi kūpuna and to minimize the occurrence of harm.
SAMPLE TESTIMONY IN SUPPORT OF HB2102
Personalize this sample to submit your own testimony:
Aloha e Chair Evslin, Vice Chair Miyake, and members of the committee,
Mahalo for setting this bill for hearing.
I strongly support HB2102
and ask that the Committee pass this bill for the following reasons:
Reinstate longstanding protections and protect descendant voices
HB2102 would restore longstanding protections applied to private property and ensure that the state meets its constitutional obligations to protect iwi kūpuna and cultural and historic sites. Review of proposed projects by the State Historic Preservation Division (SHPD)—particularly in known high-risk areas as set forth in this bill—helps avoid irreversible harm by ensuring the early identification of iwi kūpuna and historic sites when project redesign and preservation in place are still viable options to prevent irreversible harm. Early identification also ensures that Island Burial Councils are consulted, and lineal and cultural descendants have a voice in determining the disposition of their ancestors through input on burial treatment plans and relocation decisions.
Provides guidance to prevent harm to our most vulnerable sites
In addition to restoring longstanding protections, this bill would also streamline review processes by identifying the highest-risk areas that are a priority for review by SHPD. Jaucus sands (sand dunes), lava tube and karst systems, and previously identified cultural sites, burials and cemeteries are all key indicators that a property may contain undiscovered burials and cultural patrimony. Clarifying that these areas require review by SHPD will help to prioritize review and protection of these vulnerable areas and help avoid and minimize harm. The burden on the state to protect iwi kūpuna is heightened when there are readily available indicators to help guide and shape review and protection determinations to ensure against available disinterment.
Building trust in our regulatory system
Hawaiʻi can build more housing
and
protect iwi kūpuna. Creative housing solutions require policies that reduce uncertainty and risk for housing projects without sacrificing the state’s responsibility to protect cultural resources. Concerns about delays caused by the historic preservation review process are vastly overstated and bypassing early review does not streamline development or reduce costs for homeowners. On the contrary, skipping review increases the likelihood of construction delays, lawsuits, and community discord when iwi kūpuna are disinterred and harmed after construction has started. Broad and poorly defined exemptions invite misuse and erode cooperative solutions needed to ensure that the state’s multiple policy goals are attained in a just, transparent, and fair way.
Mahalo nui for the opportunity to present testimony,
Your Name
City, Island
Help Ban Commercial Aquarium Collection (SB2996)
The Senate Committees on
Water, Land, Culture and the Arts
and
Hawaiian Affairs
will hear SB2996 banning the collection of reef fish for commercial aquarium sale on Tuesday, February 10, at 1:00 p.m.
Click to Learn More & For Sample Testimony for SB2996
Submit Testimony by Monday, February 9, at 1:00 p.m.
Testimony received after the deadline will be accepted but considered late. Those who wish to testify
via videoconference (Zoom)
must also submit written testimony
CLICK HERE TO SUBMIT TESTIMONY ON SB 2996
Summary of SB2996 (Relating to Environmental Protection):
SB2996 establishes a statewide statutory prohibition on the commercial collection of marine life for sale and export as aquarium pets.
SB2996 explicitly preserves:
Scientific research and educational activities
Aquaculture and captive-breeding
The bill resolves a fundamental policy question: whether nearshore reef species should be treated as export commodities or protected as public trust resources.
This bill is substantially similar to OHA’s proposed ban (
HB2101
SB2535
WHY THIS BILL IS CRITICAL:
Commercial aquarium collection has engendered decades of conflict over the profit-driven extraction of culturally and ecologically significant species, such as kole and other reef herbivores, from our nearshore ecosystems.
Native Hawaiian subsistence communities, in particular, have called for the end of this extractive industry, which has impaired and disrupted subsistence fishing practices, and treats public trust marine resources as mere ornaments for off-island buyers.
Studies show that 50% or more of targeted reef fish die during capture and transport, and most of the survivors die within the first year of captivity. In the wild, some species, like Yellow Tang, can live for decades.
While the industry has been shut down for the better part of a decade pursuant to a court order, and despite surveys showing that the majority of Hawaiʻi residents support a ban, the state is now proposing rules to reopen collection in West Hawai‘i.
SB2996 would prevent the Division of Aquatic Resources (DAR) from claiming that state law requires them to allow commercial aquarium collection and eliminate the need to expend public resources on a costly permitting system.
There are Native Hawaiian communities across kō Hawaiʻi pae ʻāina waiting for DAR’s support to co-manage their marine resources and address other urgent threats.
This bill would allow DAR to focus attention where it is critically needed rather than on supporting an industry with negligible economic benefits to the state and its residents.
Use these samples to submit your own personalized testimony:
SAMPLE TESTIMONY 1
Aloha e Chairs Lee and Richards, Vice Chairs Inouye and Lamosao, and members of the Senate Committees on Water, Land, and Culture and the Arts and Hawaiian Affairs,
I strongly support SB 2996, which establishes a statewide prohibition on commercial aquarium collection.
This bill would finally resolve a long-standing conflict that the Hawaiʻi Department of Land and Natural Resources has failed to address. Commercial aquarium collection raises a threshold policy question: whether reef species held in trust for Hawaiʻi’s people should be extracted for profit and sold as ornamental commodities, primarily for off-island consumers. Only the Legislature has the authority—and responsibility—to make that determination.
Hawaiʻi’s Constitution requires the state to conserve natural resources, protect environmental rights, and safeguard Native Hawaiian customary and traditional practices. These constitutional obligations are incompatible with the continued commercial extraction of reef species for aquarium resale.
Healthy coral reefs generate more than
$1.2 billion annually in tourism revenue
and provide critical ecosystem services, including shoreline protection and food security. A statutory ban on commercial aquarium collection protects this economic engine and foundation of resilience and preserves Hawaiʻi’s marine resources for future generations.
A clear prohibition also provides legal certainty, simplifies enforcement, and affirms that nearshore reefs are public trust resources deserving the highest level of protection. Because the commercial aquarium industry has not operated for the past five years due to litigation, now is the appropriate time to resolve this issue without economic disruption.
For these reasons, I respectfully urge the committees to
pass SB 2996
Mahalo for the opportunity to testify.
[Your Name]
[City / Island]
[Optional: Organization]
Sample Testimony 2:
Aloha e Chairs Lee and Richards, Vice Chairs Inouye and Lamosao, and members of the Senate Committees on Water, Land, and Culture and the Arts and Hawaiian Affairs:
strongly support
SB 2996, which establishes a statewide prohibition on commercial aquarium collection consistent with the public trust and the needs of Hawaiʻi’s residents, including Native Hawaiian cultural practitioners and the public at large.
Commercial aquarium fishing flies in the face of Hawaiʻi’s constitutional public trust doctrine, which requires that our natural and cultural resources be used and conserved for the public good rather than private gain. But the aquarium collection industry has extracted and exported millions of specimens of public trust marine life —the vast majority of which die within a year after collection—for private (primarily out of state) profit.
At the same time, this commercial activity has diminished the ecological and cultural integrity of our reef systems, undermined the state’s food security and climate resilience, and degraded a cornerstone of our tourism-based economy. Not surprisingly, the majority of Hawaiʻi residents, and Native Hawaiian subsistence communities in particular, support a ban on commercial aquarium collection.
While commercial aquarium collection has not been allowed for the better part of a decade, the Division of Aquatic Resources (DAR) has recently proposed rules that would reopen West Hawai‘i waters to commercial aquarium collection, claiming that they are mandated to do so under state law. Yet as DAR has recognized, agency rulemaking regulates how an activity operates, not whether the activity should be allowed. Accordingly, the Legislature has the authority—and responsibility—to decide whether this activity should be permitted at all.
Healthy coral reefs and ecosystems support food security, cultural and subsistence practices, and provide shoreline protection. In addition, on-reef tourism activities that depend on vibrant and healthy ecosystems generate approximately $1.2 billion annually for the state.
Therefore, a statutory ban is critical to protect what is not only a major economic engine for the state, but a cornerstone of resilience and self-sufficiency for our present and future generations from ever-increasing extractive stressors placed on our marine environment.
For these reasons, I respectfully urge the committees to
pass SB 2996
Mahalo for the opportunity to testify.
[Your Name]
[City / Island]
Help the LUC Protect our Wai (HB2103)
The House Water and Land Committee
will hear
HB2103
on
Tuesday, February 10, at 9:00 a.m.
Support this OHA package bill to empower the Land Use Commission (LUC) to better protect wai and traditional and customary practices threatened by development.
HB2103
requires at least one member to have water management expertise and designates OHA to nominate candidates for the traditional Hawaiian land usage seat.
Click to Learn More & For Sample Testimony
Sample testimony is provided below.
Submit Testimony by Monday, February 9 at 9:00 a.m.
Testimony received after the deadline will be accepted but considered late. Those who wish to testify
via videoconference (Zoom)
must also submit written testimony
CLICK HERE TO SUBMIT TESTIMONY ON HB2103
WHY THIS BILL IS CRITICAL FOR NATIVE HAWAIIANS
The LUC was created in 1961 in response to the rapid and unregulated conversion of prime agricultural lands into other profit-driven uses in the Territorial period.
The LUC is responsible for larger planning decisions that determine how land is used, classifying land into four districts (conservation, rural, agricultural, urban).
Developers petition the LUC to reclassify land, usually to allow for more development or other uses on their land.
As a quasi-judicial body, the LUC can require landowners and developers to protect natural resources and cultural practices, fulfill affordable housing mandates, and provide other community benefits.
The LUC’s unique quasi-judicial process not only provides for appropriate due process, but also public trust and Ka Paʻakai analyses as critical components to protecting Native Hawaiian rights.
Informed land use decisions cannot be made without considering water source availability.
This bill would require that the LUC have at least one member with expertise in water resource management and designate OHA to nominate candidates for the existing traditional Hawaiian land usage seat.
These amendments would empower the LUC to ensure that constitutional principles protecting wai and Native Hawaiian rights are consistently enforced.
SAMPLE TESTIMONY IN SUPPORT OF HB2103
Use this sample to submit your own testimony:
Aloha e Chair Hashem, Vice Chair Morikawa, and Members of the Committee,
I am writing
in support of HB2103
, which strengthens the Land Use Commission (LUC) by ensuring essential water expertise is required, and designates the Office of Hawaiian Affairs (OHA) to nominate candidates for the traditional Native Hawaiian land usage seat. I urge the Committee to pass this bill for the following reasons:
Project Planning Must Consider Water Availability:
Water and land are connected, and this is especially apparent in an island context. Each LUC decision that allows for denser development carries implicit assumptions about associated water resource availability. Sound land use decision-making requires deliberate consideration of water source availability and impacts. A dedicated water expert seat would help ensure that this type of careful deliberation occurs at the outset of project planning before project size and infrastructure decisions have been locked in.
Professional Best Practices Call for Integrated Water and Land Use Planning:
Multiple professional associations, including the American Planning Association, encourage and support integrated water and land use planning as best practices. As such, other states have also integrated water and land use planning processes by ensuring water management is considered early in the project entitlement process. This model of planning best protects water sources over the long term.
Supporting the LUC’s Constitutional Duties:
As a state agency, the LUC has affirmative constitutional duties to protect public trust water resources and Native Hawaiian rights.
Strengthening its membership with a water expert will better equip the LUC to fulfill its duty to protect public trust water resources. Moreover, allowing OHA a role in recruiting, vetting, and nominating candidates to the traditional Hawaiian land usage seat would provide beneficiaries and the general public with the opportunity to provide early input on the selection of candidates. OHA nominees would be approved by the Board of Trustees at a public meeting prior to nomination, allowing for community input and feedback, and fostering greater awareness of the LUC’s critical role in protecting our ‘āina.
Accordingly, I urge the Committee to
PASS HB2103
Mahalo for the opportunity to testify.
[Your Name] [Your City, Island]
Office of Hawaiian Affairs 2026 Legislative Package
For the 2026 legislative session, OHA’s trustees have approved the following six bills for our team to champion. We hope the lāhui will join us in supporting these bills.
OHA-1: Relating to Island Burial Councils –
HB2104
SB2538
The five Island Burial Councils (IBCs) play an integral role in implementing the state’s Historic Preservation Law (HRS Chapter 6E) and protecting iwi kūpuna, including by approving burial treatment plans and recognizing lineal and cultural descendants. Currently, several IBCs have been limited in their ability to carry out these essential functions due, in part, to difficulties recruiting candidates and meeting quorum requirements for voting. This bill proposes reducing static quorum requirements, authorizing OHA to provide per diem stipends for regional members, and extending the timeline for filling mid-term vacancies from 30 to 75 days.
OHA-2: Relating to Historic Preservation
HB2102
SB2536
Act 293 (signed in July 2025) expanded an existing loophole in the state’s Historic Preservation Law by exempting projects on residential properties in “nominally sensitive areas” from review. This term could be interpreted to cover large developments in areas known to contain a high concentration of iwi (such as jaucus sands or sand dunes) where work commenced prior to the enactment of legal mandates to survey or inventory properties for burials. This bill would close this loophole by removing the “nominally sensitive” language and defining the residential exemption consistent with planning and archaeological best practices for protecting cultural sites and iwi kūpuna.
OHA-3: Relating to the Land Use Commission
HB2103
SB2537
The Land Use Commission (LUC) was created in 1961 as a direct response to the conversion of prime agricultural lands into residential use. The LUC is responsible for classifying all land in Hawai‘i into one of four categories (conservation, rural, agricultural, urban), and ruling on petitions to reclassify land, usually from a lower classification to a higher classification to enable development. During reclassification, the LUC can put important conditions on projects, including conditions that ensure the protection of natural and cultural resources (including exercise of traditional and customary practices), mandate affordable housing requirements are met, and require early planning around issues like water. This bill amends the composition requirements for the LUC to mandate that at least one member have expertise in water resource management and designates OHA to nominates candidates for the existing Hawaiian land use and cultural practice seat.
OHA-4: Protect Reef Fishes from Commercial Aquarium Collection
HB2101
SB2535
The extraction of reef fish for commercial sale in the aquarium trade removes important species needed for subsistence and our nature-based tourism economy from nearshore ecosystems. This bill would permanently prohibit extraction of Hawaiʻi’s reef life for commercial sale as aquarium pets and ornamental aquarium displays, without limiting permitted collection for scientific and educational institutions, aquaculture and fishpond stocks, bait, and subsistence fishing practices. The proposed ban is consistent with OHA’s existing duties to advance Native Hawaiian traditional and customary rights under
Article XII, section 7 of the Hawaiʻi State Constitution
as aquarium collection is associated with the decline of targeted fish species, including those used by Native Hawaiians for cultural and subsistence purposes.
OHA-5: Amend the Hawaiʻi State Constitution to Prohibit Live-Fire Military Training
HB2100
SB2534
Under existing military leases, state owned public land trust lands—- comprised primarily of former crown and government lands of the Hawaiian Kingdom—- are used for live-fire military drills. This bill proposes a constitutional amendment that would ban live-fire military training on public trust land. If passed, this bill will put on the 2026 ballot a question asking: “Shall the Constitution of the State of Hawaiʻi be amended to prohibit destructive live fire military training – defined as the discharge of large caliber munitions employing standard, incendiary, high explosive or inert rounds, whether portable, crew-served, or vehicle- mounted – from occurring on the public trust lands identified in
Article XII, section 4
?”.
OHA-6: Relating to Rent Stabilization
HB2105
SB2539
Unaffordable housing is a primary driver for the out-migration of residents and decreases the quality of life for the 52.5% of Native Hawaiian families in Hawaiʻi that spend more than 30% of their income on housing.1 Since 2019, rents have increased statewide, with Hawai‘i County and Kau‘i County seeing particularly unsustainable rent increases of ~50%.2 This bill will establish a 3% cap on annual rent increases, consistent with the average annual cost of living increase received by wage workers. The bill proposes exemptions for owner-occupied properties, kuleana parcels, and regulated affordable properties, to minimize impacts on non-investment properties used by ‘ohana as their primary residence.
Follow OHA’s tracking of bills discussed in the
Beneficiary Advocacy and Empowerment Committee Meetings
on YouTube.
Be an Advocate for the Lāhui in 2026
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2015
2016,
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2018,
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2020
2021
2022
2023
2024
and
2025
Our Why
As part of its mandate to advocate for Native Hawaiians, each year OHA submits a package of proposed bills to the
Hawaii State Legislature
, and the agency’s Board of Trustees also votes to take positions on a wide variety of legislation impacting the Hawaiian community.
OHA remains the principal public agency in the state responsible for the performance, development, and coordination of programs and activities relating to Native Hawaiians.
Advocacy can take place anywhere – from the lo’i to the White House!
Advocacy is an integral part of what we do at OHA. During the 1978 State of Hawai’i Constitutional Convention that created OHA, convention delegates envisioned an agency that would not only provide Native Hawaiians with a form of self-determination, but one would also advocate on behalf of Native Hawaiians to address historical injustices and challenges arising out of those circumstances.
Chapter 10 of the Hawai’i Revised Statute
outlines OHA’s duties and purposes, including promoting and protecting the rights of Native Hawaiians.
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Eō! Let Your Voice Be Heard! – Engaging the Legislature
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