PLEASE KOKUA !!! FAX OR E-MAIL ASAP !!!
WE NEED SUPPORT !

OPPOSITION TO SCR3 (HCR22, HR24, SR6, and SCR42) - REQUESTING CONGRESS TO DESIGNATE THE HAWAII CAPITAL CULTURAL DISTRICT AS A NATIONAL HERITAGE AREA


There are those of us who think that this is actually worse than the Akaka Bill because unlike the Akaka Bill...this "federalization" can with the stroke of a pen... in essence do that same thing that the AB would do...but much faster and with less complications, which is why we believe they are doing it. Hiding behind "economic" revitalization in these rough economic times....

Our action at the palace where we had tents confiscated...would look like a day in the park. We already witnessed the tazers, bullet proof vests, and over reaction to our simple ceremonies as evidence of the escalation of their intimindation since the new rules. You can imagine if it was under the feds...how much worse it would get.

We can have testimony ready for you to just sign, or you can just say whatever moves you...like I did today. I hate writing testimony, but I don't mind speaking. We need to let Lingle/Theilen know that they cannot push us around.



Subject: OPPOSITION TO SCR3 (HCR22, HR24, SR6, and SCR42) - REQUESTING CONGRESS TO DESIGNATE THE HAWAII CAPITAL CULTURAL DISTRICT AS A NATIONAL HERITAGE AREA
To:
Date: Wednesday, April 1, 2009, 9:45 PM


Aloha mai ~

HR183 and HCR213 was passed out of HAW unamended today (good news), but the fight continues, as there are numerous pieces of legislation moving through both the State House and Senate. HR183 and HCR213 called for HAWAII'S CONGRESSIONAL DELEGATION TO WITHDRAW ITS SUPPORT OF THE HAWAII CAPITAL NATIONAL HERITAGE AREA.

HCR22, HR24, SCR3, SR6, and SCR42 is legislation currently in the State Senate and House that pertain to the establishment and support of a National Heritage Area (inclusive of Mauna Ala, Iolani Palace, Nuuanu Pali, Puowaina - Papakolea - essentially everything and anything within the Honolulu Ahupuaa and Kapalama Ahupuaa - mountain to sea). These Resolutions need to be OPPOSED, as they support the designation of a National Heritage Area (Federal Legislation S.359 and H.R. 1297) that permits an unaccountable Local Coordinating Entity to submit a management plan for the above stated area that will be approved and audited by the US Secretary of Interior and recommendations for the role of the National Park Service and other Federal agencies associated with the proposed Heritage Area above.

The testimony today from those who support the National Heritage Area spoke of Native Hawaiians as a commodity - the continuation of commodification and prostitution of Hawaiian Culture - all in the name of toursim (the continuation of Hawaii's failing dependent economy). Those in support of the National Heritage Area veiw preserving Native Hawaiian culture by federalizing Native Hawaiian lands. The Hawaii Capital Cultural Coalition (HCCC - Local Coordinating Entity) has begun a strong campaign in the tourist industry (inclusive of arts affiliated non-profits) to ensure the Resolutions above (HCR22, HR24, SCR3, SR6, and SCR42) and the Federal Legislation S.359 and H.R. 1297 pass. For example, DLNR submitted testimony supporting the National Heritage Area, along with Iolani Palace. This should raise "red flags". Especially when Kippen de Alba Chu of Iolani Palace stated in his testimony that "Hawaiians should have nothing to fear". Native Hawaiians, there is much to fear with this designation. It is the continued "fedralization" of our land and people.

Therefore, Native Hawaiians and concerned constituents who will be impacted by the National Heritage Area are called to testify this Friday, April 3, 2009 at 1:15 pm in Conference Room 016 in OPPOSITION to SCR3. An example testimony is attached and can be submitted via email to:

senfukunaga@Capitol.hawaii.gov
senbaker@Capitol.hawaii.gov
senhee@Capitol.hawaii.gov
sendige@Capitol.hawaii.gov
senslom@Capitol.hawaii.gov
sentaniguchi@Capitol.hawaii.gov
sentakamine@capitol.hawaii.gov
senbunda@Capitol.hawaii.gov
sengabbard@Capitol.hawaii.gov
sennishihara@Capitol.hawaii.gov

and fax to the:

Senate Sergeant-At-Arms at (808) 586-6659

It is highly recommended that testimony in OPPOSITION to SCR3 (including HCR22, HR24, SR6, and SCR42) be submitted prior to tomorrow at 12:00 pm. Equally important is being present on Friday, April 3, 2009 at 1:15 pm in Conference Room 016.

If you have any questions, please feel free to contact me via email at tamardefries@hotmail.com. Please feel free to forward email content to your contacts. Mahalo.

Me ke aloha pumehana,

Tamar deFries


April 1, 2009


Honorable Carol Fukunaga, Chair
11th Senatorial District
Hawaii State Capitol, Room 216
415 South Beretania Street
Honolulu, HI 96813

Brian T. Taniguchi, Chair
10th Senatorial District
Hawaii State Capitol, Room 219
415 South Beretania Street
Honolulu, HI 96813


Date: Friday, April 3, 2009
Time: 1:15 pm

RE: OPPOSITION TO SCR3 (HCR22, HR24, SR6, and SCR42) - REQUESTING CONGRESS TO DESIGNATE THE HAWAII CAPITAL CULTURAL DISTRICT AS A NATIONAL HERITAGE AREA

Dear Chairs and Committee Members,

I thank you for allowing me to submit this letter in STRONG OPPOSITION to SCR3 (HCR22, HR24, SR6, and SCR42), which are: REQUESTING CONGRESS TO DESIGNATE THE HAWAII CAPITAL CULTURAL DISTRICT AS A NATIONAL HERITAGE AREA. The reasons for OPPOSING SCR3 (HCR22, HR24, SR6, and SCR42) is as follows:

a. This would create an additional federal designation (an extension of the National Park Service) over a broad area of greater urban Honolulu: the extent and scope of restrictions resulting from this designation is unclear.

b. The sites that the NHA designation proposes to further preserve already have state and national preservation status and protection (i.e. Bishop Museum, Iolani Palace, Queen Emma Summer Palace, and Chinatown).

c. The local managing entity allowed under this designation would be essentially unaccountable (not elected by the people) and with no oversight as the NPS usually takes a hand-off approach.

d. Likewise, there seems to be no recourse for community stakeholders within the NHA designation area to protest decisions of the local managing entity. To what body would a citizen appeal a decision of the local managing entity?

e. As stated in their study, the local managing authority has the right to inventory each property within the designated area --- the two ahupuaa of Kalihi and Nuuanu (Honolulu Ahupuaa and Kapalama Ahupuaa - mountain to sea) --- and evaluate that property’s historic significance and recommend that it be managed or acquired by the City, State or some other entity. It is unclear whether that property owner would be able to make changes or renovations easily if the property is deemed a fine example of some particular style (exact language from the study given below*).

f. Reducing and possibly removing local and State authority, as the Secretary of Interior approves the management plan and shall prepare a report with recommendations for the future role of the National Park Service.

g. While, under the act, Federal funds are not allowed to be used for condemnation purposes, with a recommendation from the NHA managing entity, the City can apply for grants for the purposes of condemnation.

h. The board members of the HCCC and the organizations that comprise it are made up of primarily arts-affiliated non-profits and tourist-related businesses and state entities. WHAT IS MISSING ARE THE COMMUNITY STAKEHOLDERS WITHIN THE DESIGNATED AREA: THE RESIDENTS, LOCAL BUSINESSES AND LOCAL COMMUNITY ORGANIZATIONS. They have been left out of this process --- many have known nothing about this proposed legislation even though it has been in the works for the past 6 years. In some instances, key non-profit associations have been part of the NHA planning process and yet failed to inform local stakeholders in the communities which they serve.

i. The process itself has not been inclusive: A key requirement of the proposed NHA designation is that the local community supports the designation and the boundaries of the proposed heritage area. Besides the arts groups which comprise the coalition there has been little effective effort to inform the affected community. Known community stakeholders were not informed of the process until after legislation was introduced at the national level. Many community stakeholders who will be affected by this legislation know little or nothing about it.
 
* Language from the Hawaii Capital National Heritage Area Suitability/Feasibility Study, in reference to “section e” above: “In addition to the further compilation of existing data, additional field surveys of the many residential and mixed-use areas within the proposed NHA will also be required. This will include individual evaluations of houses and small businesses in Palama, Liliha, Kaka’ako and especially Kalihi, all of which have many remaining examples of modest frame houses, buildings, housing manufacturing and repair shops and simple concrete block and frame shops and mixed-use buildings.” (Hawaii Capital National Heritage Area Suitability/Feasibility Study, p. 54).

“The HCC envisions…potential designation of residential and mixed-use areas either as state or National register properties … (Ibid, p. 62).

I believe every effort should be made to seek the WITHDRAWAL of the Hawaii Congressional Delegation for the Hawaii Capitol National Heritage Area and request the WITHDRAW of Federal Legislation introduced as S.359 and H.R.1297 that seeks to establish the Hawai'i Capital National Heritage Area and for other purposes.

Furthermore, resident consultation – in particular Native Hawaiian consultation – has not taken place in accordance to three of the four National Park Service critical steps: 2) Public involvement in the suitability/feasibility study; 3) Demonstration of widespread public support among heritage area residents for the proposed designation; and 4) Commitment to the proposal from key constituents, which may include governments, industry, and private, non-profit organizations, in addition to area residents. Therefore, I am in STRONG OPPOSITION to SCR3 (HCR22, HR24, SR6, and SCR42).

Me ke aloha pumehana,



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HOUSE OF REPRESENTATIVES

THE TWENTY-FIFTH LEGISLATURE

REGULAR SESSION OF 2009



COMMITTEE ON HAWAIIAN AFFAIRS

Rep. Mele Carroll, Chair

Rep. Maile S.L. Shimabukuro, Vice Chair




Rep. Della Au Belatti
Rep. Scott Y. Nishimoto

Rep. Joe Bertram, III
Rep. Ryan I. Yamane

Rep. Tom Brower
Rep. Gene Ward

Rep. John M. Mizuno





NOTICE OF INFORMATIONAL BRIEFING



DATE:
Wednesday, April 08, 2009

TIME:
9:30 am

PLACE:
Conference Room 329

State Capitol

415 South Beretania Street




A G E N D A



This is an informational briefing to discuss the U.S. Supreme Court ruling of State of Hawaii vs. Office of Hawaiian Affairs regarding the issue of the ceded lands.




Mark J. Bennett, Attorney General

Bill Meheula, Attorney at Law







If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6790 or email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements. Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.



For further information, please call the Committee Clerk at 586-8460.



Selected meetings are broadcast live. Check the current legislative broadcast schedule on the "Capitol TV" Web site at www.capitoltv.org OR call 550-8074.









________________________________________

Rep. Mele Carroll

Chair

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