Ka Wai Ola - Office of Hawaiian Affairs, Volume 1, Number 1, 1 February 1984 — Task Force Submits Recommendations [ARTICLE+ILLUSTRATION]

Task Force Submits Recommendations

By Bill Tagupa Culture Affairs Ōfficer The final work product of the Historic Preservation Task Force activities, findings, and reeommendations as reported in the last issue was submitted to the Senate as was required under Senate Resolution 90. Among the final recommendations for legislative action are the following: 1) A resolution calling for a Memorandum of Understanding among the three agencies identified in the state historic preservation act as having particular responsibilities or functions. The Department of Land and Natural Resources (DLNR) is charged with the primary responsibility of administering and enforcing state historic preservation laws. The U.niversity of Hawaii system undertakes research, curriculum development, and other programs in anthropology and history. The major loeal museums, particularly the Bernice Pauahi Bishop Museum serve as repositories for archaeological, documentary, and material property of historical signifieanee. The Task Force found it necessary to have these three components to establish a clear understanding and coordination of their respective programs and activities in order to professionalize the state historic preservation effort. 2) A 1979 attorney general's opinion caused the removal of approximately 579 sites from the State Register of Historic Places because of constitutional defects in the notification process to property owners. In the Task Force's opinion, the reinstatement of such sites has been slow, due in a large part to the complex documentation and survey requirement. A resolution calling for "all deliberate speed" in the reinstatement process is being recommended. 3) The Hawaii Historic Places Review Board has statutory authority to process nominations to the state and national register of historic places. The Task Force recommended that the functions of the Review Board be expanded, as is authorized under federal regulations, to include review of interpretive plans and programs on state historic sites and work programs, and to make recommendations concerning the overall historic preservation program. 4) In view of the recommended expansion of Review Board duties, the Task Force recommended that the State Historic Preservation Officer also serve as the administrative officer to the Review Board. 5) Among the issues previously raised by various community groups are the disposition of human remains and damage to Hawaiian burial grounds and shrines. Legislation is being recommended requiring the reporting of any discovery of human remains or relics to the State Historic Preservation Officer. In addition, no person shall cause severe or irreparable damage to any native Hawaiian shrine or burial ground located on public property. 6) The Task Force recommended that more professionalized criteria be established by DLNR for archaeological reconnaissance and intensive surveys be adopted in conjunction with procedures for the emergency classification of sites whieh may be worthy of preservation. Such legislation, in the opinion of the Task Force, is necessary to remedy the uneven work products of archaeological surveys and to provide authority for state action in unusual circumstances where important historic site discoveries are made. 7) It is little known that one percent of public agency projects such as highways

and building construction shall be expended for historic perservation efforts. The Kuakini Highway extension in Kai-lua-Kona is an example of the application of such a provision. State funds were expended for the archaeological survey and the reinterment of human remains discovered on the right-of-way. The Task Force recommended that the current statute be amended to provide for the curation of artifacts discovered in the course of construction. Curation would usually mean the restoration and exhibition of artifacts for research and public purposes. 8) One of the major obstacles for eommunity involvement in historic preservation programs is current interpretation of leasing arrangements. While cooperative agreements in the management and operation of lolani Palaee, Hulihe'e Palaee, the Royal Mausoleum ehapel, and Queen Emma's Summer Palaee have been successful, an attorney general's opinion interpreted the law saying that , only the permit process was allowahle. The Task Force recommended that the statute be amended to permit long-term leasing of such sites to qualified organizations. In addition, the concept of "live-in parks"has had no real criteria foradministrative and planning purposes. The Task Force recommendation is that

criteria be established for such purposes. 9) The acquisition of fee title to historie properties under eminent domain proceedings is often an expensive process. The Task Force is recommending that a resolution be adopted to investigate how less than fee simple acquisition of such historic properties ean be undertaken. 10) In the cases of proposed historic parks at Kamoa Point and Kealakekua on the Big Island, advisory committees have been established to assist DLNR in the planning process. The Task Force is recommending that a policy should be adopted for large-scale projects and that there be a more formal means of processing the advisory committee work product. 11) Many important historic sites exist on Hawaiian Home lands. The Task Force recommended that a study and report be completed concerning the inventory, maintenance, and protection of historic property located on DHHL land be undertaken with the assistance of the State Preservation Officer. All of the above recommendations were made in order to improve and professionalize the state historic preservation program. While many historic properties are Hawaiian, many are not. Thus, the work product of the Task Force was formulated with those considerations in mind.

The heiau Luakini, known in ancient times as Kunuiakea, is today called Mookuni. It is situated near Upolu Point in North Kohala on the Big Island.