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<br /> <br /> <br /> <br /> <br /> 1-1 and 7-1, HRS, Chapter 6E, HRS, Chapter 226, HRS and Articles <br /> XI, Section 1 and XII, Section 7 of the state constitution. However, <br /> executive agencies have generally refrained from using their <br /> quasi-legislative powers to clarify and to implement these broad <br /> <br /> policies. This results in uncertainties which adversely affect the <br /> public, landowners, financiers and others. For example, the state <br /> historic preservation program includes protection of historical and <br /> cultural resources but the DLNR still operates under unpublished rules <br /> (leading many to simply rely upon federal regulations on the <br /> assumption that such regulations must be deemed appropriate). <br /> <br /> <br /> Timing Public Knowledge <br /> <br /> The subject matter of cultural resources has finally come "of <br /> age." Up to now, many have looked upon this subject as merely a <br /> discussion of "stones and bones," giving little or no attention to <br /> <br /> broader ethnographic considerations which include "attachment" and <br /> "values" that are not readily found manifested in an object. For <br /> example, why do we value an empty field called Gettysburg when it is <br /> just a field. Is it the values or historical events surrounding the Civil <br /> War (and its deeper seated issues) which cause us to "attach" great <br /> significance to the site? <br /> <br /> <br /> Do we or should xNe attach the same values to Kuamoo, North <br /> Kona, where those who opposed the Kaahumanu-inspired abolition of <br /> the kapu system battled with Liholiho's forces? How did it come to <br /> pass that the world knows more of the conflict between Cap't James <br /> Cook at Kaawaloa than the "battle at Kuamoo" which ensued among <br /> <br /> native Hawaiian leaders a few years later? <br /> <br /> Executive Quasi-Judicial Efforts <br /> <br /> The PASH case involved an SMA permit application. In recent <br /> <br /> years, most of the discussion on cultural resources have emerged <br /> during the quasi-judicial proceedings of executive agencies to vest <br /> landowners with land use entitlements. However, during the past <br /> three sessions of the legislature and the Environmental Council's <br /> sessions, the subject has also become the subject of legislative <br /> debate. <br /> <br /> <br /> 2 <br />