None of OHA’s suggested and vetted Island Burial Council nominees for 2026 advanced to the senate and no one ever said why
Each year, the Office of Hawaiian Affairs (OHA) conducts Island Burial Council (IBC) recruitment to provide the governor with a list of qualified candidates to represent each island/moku. Under the law, both OHA and the Department of Land and Natural Resources (DLNR) are required to provide the governor with such a list.
Typically, the governor reviews the list and then advances names forward for senate confirmation. However, in 2026, none of the nominees submitted by OHA in advance of the legislative session were advanced for senate confirmation.
Following the annual 60-day solicitation published in our Ka Wai Ola monthly newspaper (normally August 1 to October 1), candidates are vetted internally by staff based on the qualifications established in statute.
The top five candidates from each respective IBC are then submitted to OHA’s Board of Trustees for review and approval during an open meeting during which the public has an opportunity to observe and testify.
The 13 nominees that OHA advanced to the governor in late 2025 were qualified candidates representing all five IBCs: Oʻahu, Hawaiʻi, Kauaʻi-Niʻihau, Maui-Lanaʻi, Molokaʻi.
OHA also conducted additional recruitment in Spring 2025 in response to concerns about vacancies and quorum on the Kauaʻi-Niʻihau and Molokaʻi IBCs.
In fact, the inability to meet quorum is the reason that the Molokaʻi IBC has not been able to meet for at least two years – although it does retain a single holdover functioning as chair who remains dedicated to mālama iwi kūpuna and stays engaged with project reviews.
There are also unresolved holdover appointments on several other IBCs, including the Kauaʻi-Niʻihau, Maui-Lānaʻi, and Oʻahu councils. These vacancies can affect continuity and the councils’ ability to operate at full capacity.
Despite the recent statutory amendment made through Act 96 addressing IBC quorum – and OHA’s 2026 package bill to define IBC “quorum” as a majority of appointed members with a minimum of three – Molokaʻi still cannot meet this bar without additional appointments.
By law, each IBC must retain at least two regional representatives from OHA’s list. Notably, both the Molokaʻi and Kauaʻi IBCs do not currently meet this requirement despite OHA providing qualified candidates to the governor.
On April 28, 2026, OHA Interim Administrator/CEO Summer Sylva wrote directly to Green regarding the status of OHA’s nominees and the operational consequences of the vacancies. The letter requested that OHA’s nominees be advanced for senate consideration so that the councils could be properly constituted and carry out their statutory responsibilities. To date, OHA has not received a response to that inquiry.
The issue is ultimately one of ensuring that the IBCs are properly constituted and able to fulfill their responsibilities under the law. Beyond statutory compliance, timely appointments are essential to maintaining public confidence and ensuring continuity in council operations. When IBCs are unable to meet or operate at full capacity, core statutory duties – including the review of burial treatment plans and the recognition of lineal and cultural descendants – may be delayed or left unfulfilled, directly affecting the protection of iwi kūpuna and the certainty relied upon by affected communities and land users alike.
Many of the nominees have inquired directly with OHA regarding the status of their respective nominations. Unfortunately, we have little to tell them aside from the fact that their names were vetted and approved through OHA’s process and forwarded to the governor. OHA does not control the subsequent appointment and confirmation process.
Now that OHA has begun its 2026 recruitment cycle for 2027, OHA has taken the additional step of reaching out to our 2025 nominees to determine whether they remain interested in having their names considered again through the current recruitment process. This provides those individuals an opportunity to reaffirm their interest while allowing OHA to continue its regular recruitment and vetting process.
Selection of IBC moku representatives is a shared responsibility between the governor, OHA, and DLNR with senate confirmation required for appointments. OHA has fulfilled its part of the process by providing nominees as set forth in the law and remains committed to working with the governor, DLNR and senate to support the appointment process and ensure that the councils are properly constituted.
The IBCs play a crucial role in the historic preservation process and protection of iwi kūpuna. That responsibility is especially consequential in the wake of recent floods and severe weather events which have affected burial sites and underscored the need for timely access to the cultural knowledge and subject-matter expertise necessary to respond appropriately and mālama iwi kūpuna. Absent fully functioning IBCs, these responsibilities can be compromised while projects – including much needed housing and iwi kūpuna-related disaster response and recovery – may be delayed or left in limbo.
We hope that Gov. Green will correct this issue without any further delay so that the IBCs can function as intended under our laws.
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