A bill that would give stronger protection to Native Hawaiian burials is still alive. But it’s got a new gaping hole in it — one just large enough to drive a train through.

Proponents want island burial councils to have a louder voice in determining what happens to bones “inadvertently discovered” during construction. Opponents of the measure said it would put a heavier burden on the all-volunteer boards and would slow down development.

Lawmakers split the baby in half. They’ve moved the bill forward with one new addition: The law won’t apply to “any public-works projects undertaken by state or county agencies.”

That little addition was the largest of a few small changes made to between the and the of the Water, Land and Ocean and Hawaiian Affairs Committees on Friday.

Both committees approved the bill unanimously this week after a two-week deferral. It’s now been referred to the House Finance Committee, which has yet to schedule a hearing.

Those unhappy with the “perverse incentive” built into the to avoid thorough pre-construction archaeological surveys will surely be encouraged that some projects could now get a higher level of scrutiny.

But it’s hard to imagine that a lineal descendant who feels their ancestor’s remains are being desecrated will care if it’s a private company or a government entity that’s doing the desecrating.

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