Last month, I had the pleasure of visiting Oahu and Maui in my role as chair of the federal historic preservation agency, known as the Advisory Council on Historic Preservation. I left inspired by the work being done to preserve Native Hawaiian cultural sites and convinced that the federal government must do more to facilitate such projects.
During my visit, I met with local and state officials and representatives of Native Hawaiian organizations (NHOs). At Loko Pa‘aiu, I visited a 500-year-old fishpond, in what is now known as Pearl Harbor, where restoration efforts are being informed by hundreds of years of shared history and experience. At Ulupo Heiau State Historic Park, Native Hawaiians shared how they are stewarding sacred sites. And in Kaneohe Bay, I saw how NHOs are managing more than 400 acres of agricultural land based on their history and understanding of the land.
The sites I visited receive federal funding or federal permitting, and are therefore subject to a federal review process known as “Section 106.” The purpose of this process, which my agency oversees, is to examine and mitigate the impacts that federally funded projects may have on historic properties.
Unfortunately, I heard that at times, complying with this review process has presented obstacles for NHOs focused on cultural preservation activities that do not stand to harm historic properties. Sometimes, this examination can be costly and time-intensive, requiring archaeological surveys, documentation or engineering studies.
This process makes sense for projects that might negatively impact important historic or cultural sites. But a NHO that receives federal support for a site-specific project that itself is focused on cultural preservation should not be required to undertake the same kind of review.
That’s why I just proposed that site-specific cultural preservation activities informed by the indigenous knowledge of Native Hawaiians be exempt from our review process. Indigenous knowledge is roughly understood to be a body of beliefs and observations passed down between generations of Native Hawaiians and informed by their deep relationship with the environment. Activities affected by this proposed exemption might include traditional agricultural, aquaculture, landscape restoration or sacred-site-related techniques and practices informed by indigenous knowledge.
The proposal requires a vote by the full Advisory Council, which consists of 24 members, including 10 federal agencies and eight presidential appointees, along with elected officials and preservation organizations. Our agency rarely offers an exemption from our own rules, because in doing so we must find that the actions covered will have minimal or no adverse effects on historic properties. Over nearly six decades, the Advisory Council has only issued an exemption four times, most recently exempting certain electric vehicle charging equipment from our reviews.
The rationale for this particular exemption, though, is easy. In March, the Advisory Council adopted a policy statement on Indigenous Knowledge and Historic Preservation, which calls for greater respect for indigenous knowledge at all levels of the Section 106 review process.
Issuing a Section 106 exemption for projects like these would not only ease the path for NHOs; it would also recognize officially the vital role indigenous knowledge plays in preserving important Native Hawaiian cultural sites.
I’m hopeful we can draft a document that balances the legitimate need for oversight of federal funds with the recognition that Native Hawaiians — not the federal government — are the experts when it comes to preserving cultural sites and practices.
A new exemption from the Advisory Council would ensure that when NHOs seek to restore, maintain and preserve their cultural places — using their cultural knowledge — they can do so without the same bureaucratic process we require for potentially harmful actions. Our consultation process with NHOs and engagement with the public on this exemption is ongoing, and we welcome all input.
Sara C. Bronin chairs the Advisory Council on Historic Preservation, an independent federal agency that promotes preservation of diverse historic resources and advises the president and Congress on national historic preservation policy.