Sunday, April 28, 2013


Alert from Hawaii’s Thousand Friends—defeat last two bad bills on their Dirty Dozen list

I’m sure it would be ok if I bring this alert to your attention, clipped from a broadcast email received today.

Both of these are bad bills. One locks out public review for submerged conservation district projects, and the other is a blatant over-rule of the Hawaii Supreme Court’s decision that a project may not be broken up into pieces, delaying a search for `iwi kupuna until it’s too late to stop the project.

You can reach all senators and representatives at these emails: and This has to be done by Monday—the vote will be on Tuesday. There’s more contact info in their message.

HB 70 defeated!  Only 2 more of the Dirty Dozen to go.


Action needed NOW to stop

SB 1207 and SB 1171

Tuesday 4/30, all Senators and Representatives will vote on 

SB 1207 and SB 1171

Contact your Senator and Representative and ask them to vote NO

SB 1207 and SB 1171

Contact info:  Senators by Island

Contact info:  Representatives by Island

SB 1207, Dept. of Transportation exemption:

DOT has been trying to get this exemption for years.

Don't let this be the year they get it.

Exempts the Department of Transportation (DOT) from a requirement to obtain Conservation District Use Application permits (CDUA) and a site plan approval for all work involving submerged lands which are designated conservation.

Exempting DOT  from getting a CDUA permit removes an important layer of review and planning to mitigate and prevent significant impacts to marine resources within or adjacent to commercial harbors.

Without a CDUA permit  from the Board of Land and Natural Resources (DLNR), there is no opportunity for public input or involvement.

A CDUA permit is required for uses which will have the greatest potential impact and is the only opportunity for examination of traditional, cultural and customary uses and impacts to coastal and surrounding land.

A site plan is required to show the dimensions and shape of a project and to identify existing features including vegetation, water area, roads, utilities and existing structures.

Without a CDUA to cover any construction work makai of the high water mark and 3 miles to sea, there is no way for mitigation or preventative measures to be implemented, even if they are known or disclosed in an Environmental Impact Statement.

Harbor improvements are already exempt from obtaining a County Shoreline Management Area Permit (SMA).  So there is no public hearing.


SB 1171 HD2 Review of Historic Preservation Projects (governor package)

SB 1171 HD2 is the governor's response to the Hawai`i Supreme Court unanimously ruling in Kaleikini v. Yoshioka, Honolulu director of transportation, that phasing of archaeological review is not allowed under Hawaii Revised Statute Chapter 6E - Historic Preservation law

SB 1171 HD2 is all about Oahu's rail project because without the high court's ruling, `iwi kupuna would not have been discovered before the 4th and final phase of the 20-mile rail line and then the argument could be made that it was too late to stop the project to look for `iwi.

SB 1171 HD2 negates the Hawai`i Supreme Court ruling by allowing for a "programmatic agreement" between SHPD and "the project applicant" requesting that an archaeological review be done in phases.

In the lawsuit, Honolulu argued that a "programmatic agreement constitutes an 'interim protection plan,' which would allow the rail project to commence "... without completion of the full historic preservation review process."    

The Hawai`i Supreme Court ruled that the "programmatic Agreement is not an interim protection plan" and that an Archaeological Inventory Survey must be completed  before construction can begin.

SB 1171 HD2 negates the Hawaii Supreme Court ruling and allows for construction to start while an archaeological review is being conducted in phases.

SB 1171 HD2 allows the State Historic Preservation Division to give its written concurrence based on a phased review of "...projects that involve "corridors or large land areas" and where " will be done in stages."

When burials, cultural sites and historic properties are not identified

before basic planning decisions are made, the many options that could protect the `iwi and cultural and historical sites are effectively foreclosed.

SB 1171 HD2 deletes any review by the Hawaii advisory council on historic preservation.     

DOT is scaring legislators by saying that, if SB 1171 is not passed, there will be delays in constructing new highways, harbors, airports and renewable energy projects. This is not true, since the Archaeological Inventory Analysis (AIS) for the Oahu 20-mile rail was completed in approx. 8 months, which is not too long to ensure the protection of `iwi and cultural sites.


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