The Office of Hawaiian Affairs has a solemn and significant responsibility under state law to advocate for the protection of Native Hawaiian rights.
We believe that responsibility includes an obligation to speak out against proposed laws that will harm Native Hawaiians and sacred cultural resources.
The Legislature is moving a bill — Senate Bill 1171 — that attempts to streamline development by allowing construction to begin before a project site has been properly surveyed for archaeological sites and Native Hawaiian burials.
History has shown that this is a bad idea that turns sound planning on its head and will ultimately lead to costly delays and irreparable harm to cherished cultural sites, especially iwi kupuna, the remains of our beloved ancestors.
In 1976, the Hawaii Legislature established the state’s commitment to Hawaii’s historic sites, declaring in Hawaii Revised Statues, Section 6E-1 that:
"(T)he historic and cultural heritage of the state is among its important assets and that the rapid social and economic developments of contemporary society threaten to destroy the remaining vestiges of this heritage. … The Legislature further declares that it shall be the public policy of this state to provide leadership in preserving, restoring, and maintaining historic and cultural property … in a spirit of stewardship and trusteeship for future generations."
To fulfill this noble vision, a key process was set in place that requires all developers to conduct an archaeological inven- tory survey (AIS) of a project area before permits are issued and before construction begins.
For well over three decades, this process has worked.
Indeed, those projects that did not follow this process encountered problems large enough to garner headlines and litigation. Notable examples include the H-3 freeway, Ward Villages in Kakaako and Walmart on Keeaumoku Street.
SB 1171 would legalize the harmful process that created major problems for these projects. By applying a "phased" AIS approach, SB 1171 allows for permitting and construction to begin prior to the completion of an AIS for the entire project area. The result: less-informed planning, and in the long run, a high potential for debilitating delays, costly project redesign, litigious conflicts among stakeholders, and the desecration and degradation of cultural sites, especially iwi kupuna.
Significant sites discovered during a phased process have created havoc for projects in the recent past. For example, General Growth Properties discovered a concentration of more than 30 burials at its Ward Villages site through a late-stage AIS conducted while pile driving had already begun. This late discovery resulted in the halting of work and a significant loss of investors’ money.
Similarly, when H-3, in unprecedented fashion, surveyed the project corridor during construction, costly adjustments needed to be made, including the "S" curve engineered around two important religious sites in Halawa. The lack of careful, pre-construction surveys also resulted in a cost-saving decision to cover up — literally — Kukuiokane heiau, which motorists now drive over on the Kaneohe side of the freeway.
More situations of this sort, including increased controversy and litigation, will be the legacy of SB 1171, if it is passed.
