In accordance with current state law, all large-scale “development” projects are subject to review by the State Historic Preservation Division (SHPD).  The Hawaiʻi Supreme Court reiterated in Kaleikini that any developer proposing a project must notify the Department of Land and Natural Resources (DLNR) and identify and inventory historic properties in the project area.  SHPD is then mandated to determine if the project area will require an archaeological inventory survey (AIS), if historic sites are present before the project is allowed to proceed.  SHPD has an affirmative duty to determine whether or not any historic sites will be adversely impacted.  The AIS is utilized to detect the presence of iwi kūpuna and historic sites. The Hawaiʻi Supreme Court also held in Kaleikini that Hawaiʻi laws requires a completion of a full AIS before construction can begin on a proposed development project.

SB 1171 seeks to allow government and private developers to conduct an AIS of a project area in phases, permitting the construction of a project to begin without having the entire project area surveyed for historic sites.  By allowing the AIS process to be completed and reviewed in phases will ultimately limit the available alternatives for the protection and preservation of historic properties and iwi kūpuna. Additionally, by authorizing the review process to be completed in phases, the comprehensive understanding of a property’s historic and cultural significance will be insufficient, and in some instances incomplete. Without a thorough survey, there is no way to adequately mitigate any adverse effects that would be of potential harm to historic sites or burials found during or even after project construction.

SB 1171 is misleading as many proponents claim the legislation is an attempt to align state law with federal law.  How the bill will accomplish this aim remains unclear, as the language used in the subject bill is ambiguous and inconsistent.  Even a State’s Deputy Attorney General was incapable of articulating how this bill aligns with federal law at the House of Representative’s Finance Committee hearing on April 1, 2013.

The dismal recognition of burial and historic preservation issues in Hawaiʻi, specifically the failure to conduct a proper AIS, stand as a testament to the fact that this bill is problematic.  Projects like Walmart on Keʻeaumoku Street, Ward Village Shopping Center, and Kawaiahaʻo Church’s multi-purpose center are not only examples of projects that caused the unnecessary disturbance of many iwi kūpuna. These are also many examples of projects that were delayed, overly costly, and resulted in poor historic preservation practices, because of the failure to complete a proper AIS. 
Proper planning and preparation are the foundation of successful and responsible development. This process involves foresight, research, critical discussion, and consultation to ensure that intended benefits are maximized and adverse impacts avoided. When this process is overlooked or ignored, the end result is detrimental to all.

Our stance in relation to SB 1171 is one of strong opposition to that which compromises the integrity of the historic review processes that are implemented to ensure that our iwi, kulāiwi, and wahi kupuna are properly cared for and protected. We stand committed to holding ourselves, developers, and state agencies accountable to responsible planning and development, to ensure that the generations to come are well-equipped with the tools and resources necessary to sustain themselves. Ola nā iwi. The bones of our ancestors live on in each of us, and it is our responsibility to ensure that they live on forever.


We encourage you to stand with us in opposing SB 1171. Please contact members of the House of Representatives Committee on Finance (FIN), and encourage them to do the same. Decision making by the FIN Committee will take place Thursday, April 4, 2013 at 2:14 p.m. at Conference Room 308, Hawaiʻi State Capitol.

UPDATE: The committees on FIN passed the bill with 7 AYES, 6 AYES with reservations, and 4 NOES. We anticipate the measure will be taken to the floor of the House of Representatives for a vote on Tuesday, April 9, 2013. We encourage you to call/email your representatives and urge them to vote NO. Here is a list of their contact information.

About the Authors: 
Pūlama Lima, originally from Molokaʻi, is a current Graduate student in the Applied Archaeology Program at the University of Hawaiʻi at Mānoa.


Dorothy Meisner, originally from Kona, Hawaiʻi, is currently attending law school at the William S. Richardson School of Law at the University of Hawaiʻi at Mānoa.


Noʻeau Peralto, from Hilo, Hawaiʻi, is an M.A. candidate at the Kamakakūokalani Center for Hawaiian Studies at the University of Hawaiʻi at Mānoa.


Lisa Yang, from Hilo, Hawaiʻi, is a J.D./M.B.A candidate at the William S. Richardson School of Law and Shidler College of Business at the University of Hawaiʻi at Mānoa.

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