Protect iwi kūpuna: Sand mining in central Maui must stop!

`Ano`ai kakou…  On June 14-15, 2017, the Trustees held community and Board meetings on Maui.  Several community members who attended the meetings shared their deep concerns about iwi kūpuna being disturbed by sand dune mining in central Maui.

According the OHA’s administration, the sand dunes have “immense cultural value” and are known to contain iwi of kūpuna from numerous historic battles and from ancient burials.  The State Historic Preservation Office within the Department of Land and Natural Resources and the Maui and Lāna’i Island Burial Council has primary jurisdiction over the discovery of ancestral remains and their disposition.  However, in 2009, the Maui Lanai Islands Burial Council reportedly asked for an accounting of burials affected by the sand mining, but nothing came from it.

The testifiers informed us that the recent movement of the sand for grading and mining has exposed even more burials.  In her testimony, Clare Apana asked the Trustees to support a moratorium on sand mining and to formally recognize the entire sand dune as a protected area and a known burial site.  Apana said that more than 1,000 iwi kūpuna have been disturbed in the sand dunes and more will be disturbed with every day that sand mining is allowed to go on.

A recent Star-Advertiser article by Timothy Hurley (dated July 2, 2017) reported that “sand has been mined on Maui since before World War II, but the activity increased in the 1970s as Maui’s inland dunes became the source of sand for concrete used to fuel a construction boom.  By 1985, Maui sand started being barged to Honolulu, and over a couple of decades 5.5 million tons were shipped to Oahu for use in construction, according to a 2006 report compiled for the county Department of Public Works and Environmental Management.  The report had estimated the sand could be depleted in less than 10 years.”

Even more disturbingly, the same Star-Advertiser article also stated that the sand mining on Maui has reportedly been a source of sand for the concrete used to build the pillars and guide ways of the Honolulu rail project now under construction.  My suggestion to the Honolulu Authority for Rapid Transportation is that they better look into it because I’m sure it will affect ridership.  Who wants to ride a cursed train?

OHA’s 2015 iwi kūpuna policy calls for the care, management and protection of iwi kūpuna.  Many of the Trustees feel passionately about this issue and some even suggested that OHA go to court.  The consensus was clear that we have to do something now and we can’t wait any longer.

On June 29, 2017, the Board approved the following motion — The Office of Hawaiian Affairs calls upon Maui Lani Partners to cease all sand and other resource extraction and grading to allow:

  •  The Maui Department of Planning to determine if sand extraction violates the Maui Zoning Code;
  •  The Maui Department of Public Works to determine if revocation or suspension of the Phase IX grading permit is appropriate; and
  • The State Historic Preservation Department and the Maui Lānaʻi Islands Burial Council to properly investigate the discovery of burials and whether historic preservation laws and conditions have been fully complied with and enforced.

If you care about our ancestral bones say something, do something.  Call the Maui County Council.  No more shipments of sand from Maui to build rail columns!  Aloha Ke Akua.

Privatization: Good Deal or Sellout?

By: Trustee Rowena Akana
March 6, 1998

Another Opportunity for the People…. To Lose!!

Governor Ben Cayetano is calling for privatization of the State Historic Preservation Division. His suggestion calls for the firing of Historic Preservation Division staff, and reassigning their work to archaeologists who would be hired by developers to review their work. What a sweetheart deal this is…for the developers and consultants. It will save the State money primarily because the State is removing itself from most of the process, but it sells out their responsibility to monitor and prevent actions that are culturally and environmentally insensitive. These suggestions to “pass the buck” by the Governor, Legislators, and Joe Souki have once again placed the general public and the Hawaiian people in the loser column.

Allowing developers to hire their own hand-picked archeologists is tantamount to saying that all developers are not only honest and honorable, but culturally sensitive to the historic importance of our Aina. Does H-3 ring any alarm bells for you? We have a history of developers trying to brush aside any considerations for the history and culture of these islands.

“Letting developers hire archaeologists to review their projects is like ‘letting the Mafia police the Mafia,'” said Patrick Kirch of the University of California, Berkeley, in a recent Honolulu Advertiser article. Giving this kind of power to developers could lead to abuses that would allow high rise condos and shopping centers to be built on sacred refuges or burial grounds which are so important to Hawaii’s history. This form of privatization has some serious drawbacks, but the greatest concern is that it will diminish the quality of historic preservation work in Hawaii and allow greater destruction of Hawaiian sites and burials for the sake of development. The opportunity for the developer to skew the review in their favor is great since he is the employer of both the consultant doing the study, and the consultant reviewing it for adequacy.

The State has previously shown its tendency to avoid its statutory responsibilities in the handling of the burials program within the Department of Land and Natural Resources (DLNR). For the past two years OHA has funded two positions, including all the fringe benefits, for the burials program although the statutes mandate positions for this program, and the Legislature provides funding for it. Why is OHA funding positions for which the State has responsibility? Perhaps it’s another form of privatizing. Again, the State is passing the buck. There have been attempts to permanently move this program to OHA, but by doing so the program would lose its purpose because OHA has no enforcement powers. Moving this program to OHA would be detrimental to its existence unless the Governor and Legislature work to grant OHA enforcement powers, as required by statute.

In November 1997, I criticized the effort by the Governor and DLNR to privatize small boat harbors. In the article, I pointed out that WestRec Marinas lobbied the Governor and Michael Wilson, hoping to get a consulting agreement with DLNR to manage small boat harbors for the State. My concern then was for the people. What would happen to the local fishermen and the submerged lands in the harbor when boat harbors became privatized?

My concern is still that of the people of this state, and of the Aina. Whether the Governor privatizes the State Historic Preservation Division or the management of small boat harbors more public input is needed before being seriously considered.

Over the last two years I have watched what appears to be a very sinister move on the part of the administration and certain legislators to create commissions and divisions of the State government to divide and parcel out sections of ceded land so as to remove them from the main corpus of ceded lands. We only have to look at the bills being introduced into the Legislature to see this. Upon statehood in 1959, the State Constitution named two beneficiaries of Hawaiian lands: the Native Hawaiians and the general public. Therefore, it is my view that the general public should be as concerned as the Hawaiian people are that the State government does not breach its fiduciary responsibility as trustees to the public land trust. In the 1998 general elections we must tell these legislators that they can no longer mismanage our tax dollars and then cover their tracks with the use of ceded land.