Showing posts with label historic preservation. Show all posts
Showing posts with label historic preservation. Show all posts

Tuesday, January 6, 2015

New AIS Testimony: Rail Route Illegally Damages Hawaiian Cultural Properties

AIS Testimony: Rail Route Illegally Damages Hawaiian Cultural Properties



by John Bond, Kanehili Cultural Hui

Saturday,  June 1, 2013


Numerous groups and organizations submitted comments and testimony on the 22 mile Honolulu Rail Archaeological Impact Statement (AIS) to the State Historic Preservation Division (SHPD) to meet the May 30th Deadline.

The new AIS comment period had been extended because of last year's Hawaii Supreme Court ruling that the rail AIS cannot be done in phases or segments.

The previous 2009 AIS omitted a great deal of valid cultural information, many groups were not consulted, and data was skewed to fit a 'rush-to-begin-building-the-rail' agenda, rather than any attempt at honest historic and cultural preservation.

The law finally caught up with them.

In his ruling, Federal Judge Wallace Tashima made a special point of noting his concern about the identification of Traditional Cultural Properties (TCPs) along the HART rail route. It was later made clear in recent HART meetings that TCP's include all cultures, not just native Hawaiian, as per federal law.

HART is required to also adhere to Department of Transportation Act of 1966 special provision - Section 4(f) - which stipulates that US DOT agencies-including the Federal Transit Administration (FTA), cannot approve the use of land from wildlife and waterfowl refuges or public or private historical sites unless both of the following conditions apply:
  1. There is no feasible and prudent alternative.
  2. The action includes all possible planning to minimize harm to the property resulting from use.
Hawaiian Cultural Practitioner Mike Lee, along with Hawaii Thousand Friends, submitted approximately 800 pages of detailed comment and testimony on the the HART Rail AIS covering the entire 22 mile route.

This package included maps, photographs, emails with many agencies (HART, SHPD, DLNR, BLNR, Oahu Burial Council, HCDA, etc.) that go back nearly a decade, as well as news articles, historic research and citations, legal documents and filings, native Hawaiian rights, the Clean Water Act, and much more.

A key issue for Lee is the identification of the ancient coral reef limestone along the Oahu shoreline known as Karst, which connects volcanic mountain lava tube water to the shoreline Karst reef water systems.

These water springs feed a shoreline ecosystem and was how ancient Hawaiians managed their fish ponds. The Karst was also of very high spiritual importance to ancient Hawaiians and used for sacred burials, such as downtown Honolulu on the grounds of I'olani Palace where there is an ancient Karst burial cave.

"I wanted them to know that I wasn't just making this up ten minutes ago" said Lee. "I am a Konohikist- I believe in the ecological management and protection of our very important natural island water systems. Protecting our Wahi Kapu sites is also very important to me."

Lee's testimony concerns identification and protection of important Hawaiian cultural sites along the rail route, including wahi pana (sacred sites) and wahi kapu (sacred burial areas) and their inclusion into a TCP (Traditional Cultural Properties) that would make sure these special sites, caves, caverns, springs, ponds and water systems are preserved and not contaminated during rail construction.

Also included were photographs of Kawaiaha'o Church which is a graphic example of early Karst limestone block construction. The church and surrounding walls are made of rough ancient reef from the shoreline and ancient sea shells and marine organisms can be clearly seen.

The church is also located on the site of an important ancient Karst spring. Nearby I'olani Palace and the royal guard barracks are also constructed from Karst limestone blocks from the shoreline.

In addition, Kanehili Cultural Hui also submitted another approximately 250 pages of detailed comment and testimony on the the HART Rail AIS- primarily concerned with the Honouliuli-Ewa area and the documentation of previously unidentified Traditional Cultural Properties (TCP), Ewa Historic Districts, Ewa Dec 7, 1941 Battlefield Area and an outline for a Honouliuli-Ewa Cultural Landscape Report.

Many current or former Ewa Village residents helped by supplying historic documents, maps, photos and oral histories. The Kanehili Hui name comes from the original Hawaiian name for the Honouliuli-Ewa area and is mentioned by Hawaiian goddess Hi'iaka in her famous and often quoted chants when she traveled through the Ewa Plains area aprroximately 1000 years ago.

The Kanehili Cultural Hui 501-c-3 non-profit community organization is concerned with the entire cultural history of the area- from ancient times to modern times.

A key focus of the Kanehili Cultural Hui report and testimony was on the 1825 Malden Trails (ancient Hawaiian Trails- believed to have possibly been originally constructed by very early Tahitian arrivals to Kanehili) which played a major role in the Hawaiian cultural history of the Honouliuli-Ewa area, and which was entirely left out of the HART Rail AIS.

The fixed guideway and stations directly overlay the 1825 trails as well as the Kalo'i Karst waterway that flows to the Ewa shoreline.

Also of major importance is the identification and location of the Leina a ka Uhane, a sacred spiritual leaping off place for souls returning to the ancient homeland of Tahiti. This is a National Register eligible TCP, yet HART and the SHPD administrator has continuously tried to minimize the importance and geographic area of this TCP as well as apparently intentionally misidentify its location, despite the error being brought to their attention several times since last year.

The previous Rail AIS also failed in many ways to adequately document important Honouliuli-Ewa cultural sites such as the greater Ewa Plantation and railway network that was the largest private railway in Hawaii. The Oahu Railway that served Honouliuli-Ewa plantation railway was chartered under King David Kalakaua.

A Cultural Landscape Report (CLR) is the primary report that documents the history, significance and treatment of a cultural landscape. A CLR evaluates the history and integrity of the landscape including any changes to its geographical context, features, materials, and use.
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West Oahu Eco-Disaster: HART Rail Hitting Karst Water And Polluting Ewa-Honoululi-Waipahu Wetlands

http://honouliuli.blogspot.com/2015/01/Hart-rail-disaster-hitting-Oahu.html

Sunday, January 4, 2015

Hawaii State Preservation Law Not Always Enforced, Just By Passed By Land Developers

Hawaii State Preservation Law Not Always Enforced 

Just By Passed By Land Developers 

John Bond   Kanehili Cultural Hui



PART I. HISTORIC PRESERVATION PROGRAM

[§6E-1] Declaration of intent. The Constitution of the State of Hawaii recognizes the value of conserving and developing the historic and cultural property within the State for the public good. The legislature declares that the 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 is in the public interest to engage in a comprehensive program of historic preservation at all levels of government to promote the use and conservation of such property for the education, inspiration, pleasure, and enrichment of its citizens. 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, to ensure the administration of such historic and cultural property in a spirit of stewardship and trusteeship for future generations, and to conduct activities, plans, and programs in a manner consistent with the preservation and enhancement of historic and cultural property. [L 1976, c 104, pt of §2]

Part I. Historic Preservation ProgramSection
6E-1 Declaration of intent
6E-2 Definitions
6E-3 Historic preservation program
6E-3.5 Consultation
6E-4 Administration
6E-5 State historic preservation officer
6E-5.5 The Hawaii historic places review board; creation; powers; appointments; composition
6E-6 Depositories for certain specimens and objects
6E-7 State title to historic property
6E-8 Review of effect of proposed state projects
6E-9 Investigation, recording, preservation, and salvage; appropriations
6E-10 Privately owned historic property
6E-10.5 Enforcement
6E-11 Penalties
6E-11.5 Civil penalties
6E-11.6 Administrative penalties
6E-12 Reproductions, forgeries, and illegal sales
6E-13 Injunctive relief
6E-14 Preservation activities by political subdivisions
6E-15 Regulations, special conditions or restrictions
6E-16 Hawaii historic preservation special fund

Part II. Monuments and Memorials

6E-41 Cemeteries; removal or redesignation
6E-42 Review of proposed projects
6E-43 Prehistoric and historic burial sites
6E-43.5 Island burial councils; creation; appointment;composition; duties
6E-43.6 Inadvertent discovery of burial sites

§6E-43.6 Inadvertent discovery of burial sites. (a) In the event human skeletal remains are inadvertently discovered, any activity in the immediate area that could damage the remains or the potential historic site shall cease until the requirements of subsections (b) to (d) have been met.

(b) The discovery shall be reported as soon as possible to the department, the appropriate medical examiner or coroner, and the appropriate police department. As soon as practicable, the department shall notify the appropriate council and the office of Hawaiian affairs.

(c) After notification of the discovery of multiple skeletons, the following shall be done within two working days, if on Oahu, and three working days, if in other council jurisdictions:
(1) A representative of the medical examiner or coroner's office and a qualified archaeologist shall examine the remains to determine jurisdiction. If the remains are the responsibility of the medical examiner or coroner, the department's involvement shall end. If the remains are historic or prehistoric burials, then the remainder of this section shall apply;
(2) The department shall gather sufficient information, including oral tradition, to document the nature of the burial context and determine appropriate treatment of the remains. Members of the appropriate council shall be allowed to oversee the on-site examination and, if warranted, removal; and
(3) If removal of the remains is warranted, based on criteria developed by the department, in consultation with the councils, office of Hawaiian affairs, representatives of development and large property owner interests, and appropriate Hawaiian organizations, such as Hui Malama I Na Kupuna O Hawai`i Nei, through rules adopted pursuant to chapter 91, the removal of the remains shall be overseen by a qualified archaeologist and a mitigation plan shall be prepared by the department or with the concurrence of the department.
(d) In cases involving the discovery of a single skeleton, the requirements of subsection

(c) shall be fulfilled in one working day if on Oahu, and two working days if in other council jurisdictions.

(e) The mitigation plan developed by or with the concurrence of the department pursuant to subsection

(c)(3) shall be carried out in accordance with the following:
(1) In discoveries related to development where land alteration project activities exist, the landowner, permittee, or developer shall be responsible for the execution of the mitigation plan including relocation of remains. Justifiable delays resulting from the discovery of burials shall not count against any contractor's completion date agreement;
(2) Project activities shall resume once necessary archaeological excavations provided in the mitigation plan have been completed;
(3) In nonproject contexts, the department shall be responsible for the execution of the mitigation plan and the relocation of remains; and
(4) The department shall verify the successful execution of the mitigation plan.
(f) In cases where remains are archaeologically removed, the department shall determine the place of relocation, after consultation with the appropriate council, affected property owners, representatives of the relevant ethnic group, and any identified lineal descendants, as appropriate. Relocation shall conform with requirements imposed by the department of health, and may be accompanied by traditional ceremonies, as determined by the lineal descendants, or, if no lineal descendants are identified, the appropriate council or representatives of the relevant ethnic group that the department deems appropriate. Specific or special reinterment requests from lineal or cultural descendants may be accommodated provided that the additional expenses incurred are paid by the affected descendants.

(g) If human skeletal remains are discovered in the course of land development or land alteration activities to which section 6E-42 applies, and for which the required approval was not obtained, all activity in the immediate area that could damage the remains or the potential historic site shall cease, and treatment of the remains shall be allowed only in compliance with section 6E-43. [L 1990, c 306, pt of §3; am L 2003, c 104, §5]

West Oahu Eco-Disaster: HART Rail Hitting Karst Water And Polluting Ewa-Honoululi-Waipahu Wetlands