Ka Wai Ola - Office of Hawaiian Affairs, Volume 2, Number 2, 1 February 1985 — Partial Kaulana Agreement Reached [ARTICLE]

Partial Kaulana Agreement Reached

The federal government in an unprecedented action has returned a parcel of excess land to the State Department of Land and Natural Resources because of the land's cultural and historic significance. This development is the result of a lawsuit funded by the Office of Hawaiian Affairs. Another parcel involved in the same lawsuit in the same area has been offered to the Department of Hawaiian Home Lands (DHHL). However, as of Ka Wai Ola's publication date, DHHL has not yet accepted that offer and it was uncertain whether the agency intends to assume jurisdiction.

The land is part of a controversial parcel at Kaulana Bay on ihe Big Island whieh has been proposed for a public boat ramp. In October, 1983, several Hawaiians sued DHHL, the State Department of Transportation and the federal government in an attempt to stop the boat ramp project. They argued that the area contains historic and religious sites. In addition they maintained the land should be used for the benefit of native Hawaiians, not leased out to the general public.

OHA, in agreeing to fund the lawsuit, said it was not taking a stand on the propriety of building the boat ramp itself . According to a 1983 press release, OHA approved the litigation grant because the lease is "another example of Hawaiians being deprived of their legal and moral entitlements." By law, OHA said, "Hawaiian Home Lands must be

used solely and exclusively for the benefit of native Hawaiians. Under terms of the Kaulana lease, the proposed boat ramp would be open to the general public, in effect converting Hawaiian Home Lands into public property." The press release also pointed out that the DHHL had refused to grant a contested case hearing on the boat ramp issue, an apparent violation of (the Hawaiians') right to due process of law."

At present, all work on the boat ramp has ceased. The June, 1984 agreement had resulted in the plaintiffs dropping their claims against the federal government whieh in turn has approved a .$30,000 Nahonal Parks Service grant to Bishop Museum for research and planning of archaeological sites in the area. The suit against the state continues with respect to the legality of issuing a "general lease" for the boat ramp and the negative effect of public access on the practice of traditional Hawaiian religion. The lease issue is expected to be presented directly to the State Supreme Court, while a federal court will rule on the freedom of religion elaim.

If the State Supreme Court rules that the project may continue, the State has agreed that all construction will stop in the event human burials are unearthed. The remains will be removed, blessed by a Hawaiian priest and reburied elsewhere before construction resumes. Mililani Trask, the attorney representing the Hawaiian plaintiffs, said this agreement with the State is believed to be the first of its kind.