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Page 16 ('Ao'ao 'Umikumaono) Iune (June) 1987 OFFICE OF HAWADAN AFFAIRS from the Chairman's Desk By Moses K. Keale Sr., OHA Chairman Trustee, Ni'ihau and Kaua'i OHA and H-3 Federal Judge Samuel King's recent ruling to lift the Historic Preservation Council, the State Historic • Vol. 4, No.6 "The Living Water o/OHA" lune (June) 1987 injunction against the H-3 project holds a special mean- Preservation Office and state and federal highway of· ing to the Office of Hawaiian Affairs and our benefici- ficers. As a result, they have now: aries. Like the rest of the community, Hawaiians are 1. Formally acknowledged that Luluku is subject to divided in their support or opposition's to the proposed the National Historic Places Preservation Act and held trans-Ko'olau highway. the public hearings required by law. This controversy over whether or not the H-3 should 2. Actively included OHA in this process with the be built led to a general misunderstanding about the role recognition that the Hawaiian people have a unique in- Hula, Chant Na Mele 0 Maui OHA played. Too many people believed OHA's part in terest in the Luluku sites and we anticipate that we will Competition Gets New Chairman; the suit was anti-H-3. be a signatory to the final "Memorandum of Agree- That confusion needs to be cleared up. ment" outlining plans for the future of this area. June 26, 27 ... Changes Format . .. Our sole purpose in going to court was to force state 3. Agreed in principle to change the design of the pale 3 page 8 and federal highway officials to obey federal law and to Kane'ohe interchange to avoid destroying Luluku, and recognize the mandates of the National Historic Preser- to consult with OHA whenever burial areas are in· vation Act. volved. We succeeded. But only by suing. Judge King's dismissal specifically noted that these Since we filed last year, all known areas within the things happened only after OHA sued. The dismissal, "Luluku discontiguous archaeological district" have then, is a victory for the Office of Hawaiian Affairs be- been declared eligible for the National Register of His- cause the law is finally being obeyed. toric Sites. The most important and best known of Under that law, there is provision for, an award of these sites is the wetland agricultural terraces of court costs if citizens are forced to sue for proper appli- Luluku- believed to be the largest surviving lo'i on the cation of historic preservation laws, We will be pursuing island of O'ahu. this reimbursement as fair and just. Prior to OHA filing suit, government officials attempt- Additionally, Judge King's ruling explicitly provided Beleaguered Kamakas ed to deny the existence of Luluku. Then, when it be- that if the state or federal government again ignores his- PRAISE Honors/or came known that the Bishop Museum had prepared a toric preservation laws, we are free to return to court. Huhu Over Destruction report verifying the existence and importance of the Lu- We hope that won't be necessary. of Ohana Gravesites . .. a Hawaiian ... page 8 luku sites, the re?ort was declared "classified" and un- page 7 available to the public. After direct intervention by U.S. Senator Daniel K. Inouye, the report was released. Proj- Mauian Asks Kokua ect officials, however, still refus ed to activate what is known as the "Section 106 Process" of the National His- in Tracing Roots toric Preservation Act. A Maui Hawaiian is asking the kokua of Ka Wai That's when OHA went to court. Ola 0 OHA readers who may have known Annie And that's why Judge King included our complaint in Umiokalani Kalaeloa of Ookala, Hawaii. Computer Center the injunction against H-3. It was not because OHA was Earl Moler is trying to complete his genealogy Native Hawaiian opposed to the construction of the highway but be- Second Session but needs more information on Kalaeloa who was Burials . ..page 10 cause we rightly demanded that the state and federal born in the 1880s and died around 1909. She was Ends June 26 ...page 12 governments comply with the law regarding historic married to Benjamin Kaiama Amina also of Ooka- Hawaiian sites. la. Once that injunction was granted, transportation offi- Anyone knowing anything about Annie Kalae- cials began to act responsibly. In the last four months, loa is asked to call Moler on Maui at 669-6337 OHA has met with representatives from the National (Napili) or 572-7954 (Makawao). OFFICE OF HAWAIIAN AFFAIRS 1600 Kapiotani Blvd., Suite 1500 Honolulu, HawaII 96814 Homestead Product lOath La Hanau is Molokai's Gift for this Kupuna . ..page 11 to umpiring . ..page 9 OFFICE OF HAWAIIAN AFFAIRS Vol. 4, No.6 "The Living Water o/OHA" lune (June) 1987 _-""lIn..' No Firm Decisions on Certain Issues Legislative Reluctance Leaves Confused Pattern By Linda Delaney, Lands Officer In his "State of the State Address," Governor John testimony from OHA were: million in State general revenues were approved. David Waihee III urged the Legislature to reach out to S.B. 548 Escheat of Kuleana Lands-Under OHA's two-year budget-without counting 5(0 trust the native Hawaiian people: existing law, when the owner of a kuleana dies without a funds-received twice the support given in the last " . .. there are many descendants of Hawaii's will and no heirs, the land reverts or escheats to the biennium, a total of $3.2 million. original people who have been and are doing well in owner of the original ahupua'a or 'iii in which the An historic "first" was achieved with the inclusion of our state, there are many who feel lost in the land kuleana belonged. Historically, that has meant these another $3.2 million to cover the administrative costs of of their ancestors. To these individuals, we must uniquely· Hawaiian lands have escheated to sur· DHHL. Explicitly mandated by a 1978 Constitutional reach out and say that your government has not rounding sugar or pineapple plantations. amendment, this is the first year DHHL has been forgotten you. ." With the passage of this bill, OHA will receive funded through the Governor's budget. Hawaiians were not forgotten. But the legislative escheated kuleana lands in the future. (Read more on Other issues affecting Hawaiians were the develop- reluctance to deal openly and decisively with certain this matter in this month's column by Trustee Clarence ment of "submerged lands" at Ke'ehi Lagoon in Hawaiian issues left a confused pattern of legislative F.T. Ching.) anticipation of the America's Cup Race-development action. H.B. 35 State Water Code-Finally, after nearly 10 which could mean significant revenue gains to OHA; a Even with an extension of the legislative session, the years, the State Constitutional mandate for public feasibility study of the potential for a spaceport in native Hawaiian and Hawaiian "right to sue" bill couldn't management of all water has been implemented. This Hawai'i; geothermal development; and resolutions get out of conference committee. bill is complex and will have far-reaching consequences. affecting the return of federal lands to the State when Months of meeting, testifying and explaining the need Most important, there is a separate explicit "Native they are no longer needed for national purposes. for native beneficiaries to sue for the enforcement of the Hawaiian Water Rights" section in the Code which: The implications of these measures will be the subject Hawaiian Home Lands and Office of Hawaiian Affairs 1. Recognizes the special water powers of the of heated debates in the future. trusts-ended in frustration for this year. Department of Hawaiian Home Lands. The issues are complex and sensitive to the Hawaiian But justice can only be delayed, not denied. We'll be 2. Assures that monies now received by DHHL and community and to all of the people of Hawai'i. But as back next year. OHA from state water licenses will be honored. Governor Waihe'e concluded in his speech: In other action, the Legislature provzd themselves 3. Guarantees traditional and customary gathering " ... I was there at the birth and creation of the more receptive to the needs of Hawaiians. Of special of, for example, 'o'opu, hi'iwai and opihi. Office of Hawaiian Affairs. I have no illusions that importance were the OHA and DHHL budgets. 4. Acknowledges the water use rights of kuleana and easing OHA's difficulties will be easy or always In some ways, this session was truly memorable. taro lands. pleasant; but we do no one any injustice by Among the bills sponsored or supported with OHA and DHHL Budgets-A total of more than $6 avoiding the tough issues . .. " Trask, Pukui, Lucas Get Awards YWCA Annual Event Honors Three Hawaiian Women Honolulu Attorney Mililani Trask, administrative place in the 1984 Na Himeni 'Ana competition at the counsel to the Office of Hawaiian Affairs, was one of University of Hawaii." seven of Hawaii's outstanding women honored by the Harriet O'Sullivan, leader luncheon chairperson, Oahu Young Women's Christian Association (YWCA) presented the Ho'olako awards to Mrs. Myron (Laura) at its 10th Annual Leader Luncheon May 13 in the Ilikai Thompson, daughter of Mrs. Clorinda Low Lucas and Hotel's Pacific Ballroom. mother of Hokule'a navigator Nainoa Thompson. The An overflow crowd of more than 800 people attended other award for Mrs. Mary Kawena Pukui was accepted the event which each year recognizes outstanding by Martha Poepoe Hohu, a close friend and counselor.