Bill would stiffen oversight of historic sites

WAILUKU - Too often in Hawaii's history, and today, people building on previously undeveloped land have damaged or destroyed archaeological sites, artifacts and iwi, or bones, said state Rep. Mele Carroll.

It's not always inadvertent either, said the House member who represents residents of East Maui, Molokai and Lanai. State and federal historic preservation laws are on the books, but developers have used loopholes and lax government oversight to literally plow ahead with their homes and hotels, she said.

To combat the problem, Carroll introduced House Bill 1965, which will require that before any piece of undeveloped property is sold, an archaeological inventory survey must be done. A State Historic Preservation Division officer must then sign off on the survey for work to proceed.

"Too many historic sites have been damaged or destroyed," Carroll said. "It is important that we discover, evaluate and document those remaining sites to ensure that valuable knowledge from the past is not lost forever."

The state historic preservation officer could recommend that portions of the land are unsuitable for future development. The state could reclassify the land as either conservation, or the county could rezone it as preservation.

Bill proponents said they expect to face some opposition from the construction, tourism, development and real estate industries.

So far, the bill does not lay out what, if any, the additional costs to builders or prospective property owners or long-term lessees would be for site inspections or whether developers could receive any government assistance for following the new requirements.

However, the measure does say the law would not apply to land that has been previously developed or occupied.

Under the bill, any historic site or resources uncovered on undeveloped property that would be eligible for the Hawaii Registry of Historic Places would be noted and filed with the state Bureau of Conveyances.

Carroll's spokeswoman, Momilani Awana, said the bill tightens oversight by the State Historic Preservation Division, which is part of the Department of Land and Natural Resources.

The Bureau of Conveyances would act as a clearinghouse - easily accessible by various government agencies - of all archaeological sites in Hawaii, she said.

Big Island Rep. Faye Hanohano said that while laws exist to prevent historic sites from being damaged, they can be circumvented, intentionally or not. She said a heiau in Kona was recently destroyed, even though it was on the Register of Historic Places, and violators can be charged with a misdemeanor and $25,000 fine.

To illustrate the need for more historic preservation oversight, Carroll's office used the Honokahua incident at the Ritz-Carlton construction site in West Maui. In 1988, when the Ritz-Carlton, Kapalua resort was being built, a massive burial site, called Honokahua, was unearthed. Yielding to public outcry, the developer, Kapalua Land Co., and the state agreed to restore the burial site.

The Ritz-Carlton went further and hired cultural consultants to train its employees on how to handle iwi and changed its designs for the 450-room hotel to move it mauka of the burial grounds.

The state went on in 1996 to set up the Island Burial Councils in response to the controversy.

Carroll's bill would improve communication between all the different agencies, "so past mistakes are not repeated," Hanohano said in a statement released by Carroll's office.

Reps. Cindy Evans and Michael Magaoay also introduced the bill with Carroll on Jan. 15. A week ago, the bill passed the Economic Revitalization, Business and Military Affairs Committee. Next, it will go before the Judiciary and Water, Land and Ocean Resources committees.

* Chris Hamilton can be reached at chamilton@mauinews.com.