Tapestries brown

Save our legacy

Phasing or piece-mealing archaeological studies does not allow for responsible planning and reasoned decision making.

Verbatim Politics Land
Ty Kawika Tengan

Nāki‘ikeaho, an organization of Native Hawaiians dedicated to ensuring the integrity of our wahi kūpuna (ancestral places), and The Friends of SHPD, a coalition of Native Hawaiian, archaeological, and cultural resource professionals committed to historic preservation in Hawai‘i, call upon on our legislature to kill SB 1171, a bill “Relating to the Review of Historic Preservation Projects.”

If this bill becomes law, large scale developments could begin without first identifying all of the burial sites and historic properties that might lay in the path of the bulldozer and reporting them in an archaeological inventory survey, or AIS.  In place of a completed AIS for the entire project area, SB 1171 would allow construction to proceed as the AIS is done in phases. This law would thereby phase out the legal obligations and moral responsibilities of the State to protect the integrity of the islands’ historic and cultural heritage. Some have even called it the next PLDC.

Dozens of individuals and organizations have submitted testimony or written opinion pieces opposing the legislation. The Office of Hawaiian Affairs Pouhana/CEO Kamana’opono Crabbe has stated that this bill would result in “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 [ancestral remains]” (Star-Advertiser 4/15/13). Nevertheless, it has passed through both houses and has now gone to Conference Committee for final negotiations. Noting the many problems with this bill, The Honolulu Star-Advertiser (4/12/13) has stated that “the best outcome would be for it to be shelved there.” 

Against those forces that would pave their roads with the dust of our ancestors’ bones, we stand opposed and unphased. Joining in opposition are the Society for Hawaiian Archaeology, Historic Hawai‘i Foundation, the Sierra Club of Hawai‘i Chapter, the Society for American Archaeology, the Office of Hawaiian Affairs, the O‘ahu Island Burial Council, the Native Hawaiian Legal Corporation, Hui Nā Iwi Ola, Farmers Union United, Babes Against Biotec, Hui o He‘e Nalu, Hawai‘i Thousand Friends, Living Life Source Foundation, Kahu Kahiko, ‘Aha Wahine, Ho‘i Mai Ka Lei i Mamo, and numerous individuals who care for the land.

SB 1171 attacks the very foundation of historic preservation, if not the foundations of Hawai‘i itself.

As noted in Hawai‘i’s Historic Preservation Law, commonly referred to as Chapter 6E, the State has a significant role in protecting Native Hawaiian burial sites and “preserving, restoring, and maintaining historic and cultural property…for future generations.”  To accomplish these goals, the State requires developers to complete archaeological inventory surveys of project sites before construction begins.  These AISs allow both governmental and private entities to plan developments in a reasonable and responsible way, thus ensuring that the words of our State motto hold true:  the life of the land is perpetuated in righteousness, ua mau ke ea o ka ‘āina i ka pono.

SB 1171 attacks the very foundation of historic preservation, if not the foundations of Hawai‘i itself. The first principle of historic preservation is to look for sites upfront so you can make reasoned decisions about how to treat them. Phasing or piece-mealing archaeological studies, as conceived in SB 1171, does not allow for responsible planning and reasoned decision making. Iwi kupuna (ancestral remains) and historic sites are entitled to appropriate identification and treatment before construction starts. SB 1171 strips them of this protection.  Seeking solutions earlier rather than later will save project costs, which would rise with last-minute changes to project design, and save cultural sites, which are themselves highly valued assets that make Hawai‘i a distinct location for visitors and residents alike. Rather than aligning Hawai‘i law with federal processes, as the bill’s proponents argue, SB 1171 would make Hawai‘i different from all other states in the U.S. by creating historic preservation law found nowhere else. This is a radical bill that is out of step with Hawai‘i’s values of aloha for the ‘āina.

‘Auhea ‘oukou e nā po‘e aloha ‘āina? Where are you, those who love the land? Join us as we call out to the members of the Conference Committee currently reviewing this bill:  Senators Glen Wakai, Malama Solomon, Kalani English, David Ige, and Jill Tokuda; and Representatives Ryan Yamane, Sylvia Luke, Cindy Evans, Henry Aquino, and Lauren Cheape.  Conferees, we humbly ask that you do what is right, do what is pono—kill SB 1171. We are asking members of our organizations and the broader community to likewise visit and contact the conferees on the bill to express your opposition.

There is a Hawaiian proverb, an ‘ōlelo no‘eau, that goes, “he ali‘i ka ‘āina, he kauā ke kanaka—the land is a chief, the people its servants.”  The ‘āina, the land, calls on us to take care of it so that our descendants may also call Hawai‘i their home.  This intergenerational responsibility is enshrined in another ‘ōlelo no‘eau:  ola nā iwi—the bones live. This saying speaks of a respected elder who is well-cared for by his family. As a group of graduate students—the next generation—has recently written, “The bones of our ancestors live on in each of us, and it is our responsibility to ensure that they live on forever.”  Just as we hope that our grandchildren will be there for us when we need them in our old age, so too does Hawai‘i depend on its people to make responsible and reasoned decisions as we plan for the future. SB 1171 prevents this.

On this Earth Day 2013, we respectfully call upon our elected officials to be servants of the ‘āina and stewards of our kulāiwi, the plains where our bones are planted. Kill SB 1171 before it kills our legacy. Mahalo.