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<br /> P.K.O. 'C B08.32s-s3T2 ®I, i:rxa v.a.~a rn. u,~ <br /> <br /> <br /> <br /> Article XI, Section relating to the PUBLIC TRUST, and Article XII, Section 7 relating to <br /> ACCESS and GATHERING. Under federal law sources, among others, include the <br /> <br /> National Historic Preservation Act. <br /> <br /> <br /> <br /> These are what the coalition refers to as the Bundle of Rights, Privileges and <br /> Practices. As an example, within the SMA land use process, certain mechanisms are <br /> <br /> in place to protect these rights and some are not. The SMA provisions for the <br /> <br /> protection of these Bundle of Rights lie within Hawaii Revised Statutes, Chapter 205A, <br /> <br /> Sections 2(b), 2(c), 4(a) and 28(2). The "Kohanaikl" (PASH/PILAGO) Supreme Court <br /> decision is the Supreme Court's reminder to governmental agencies (particularly the <br /> <br /> Hawaii County Planning Commission) of its obligation to protect these Bundle of <br /> <br /> Rights. <br /> <br /> <br /> In order for governmental agencies to properly determine whether <br /> <br /> hislorical/cultural properties have been properly Identified and which of the potential <br /> <br /> historical/cultural properties identified within the area of potential effect can be <br /> <br /> iegitamately regarded to be traditional cultural properties, it should, at a minimum, be <br /> guided by specific criteria which would result in well Informed and fair decisions. What <br /> <br /> is glaringly noticeable is the absence of many rules or guidelines which are critical to <br /> <br /> proper decision-making. <br /> <br /> <br /> Under Section 1-1 USAGE, and Section 7-1 WAYS, there are no mechanisms. <br /> <br /> Under Chapter eE HISTORIC PRESERVATION we find mechanisms such as the <br /> <br /> Burial Program, State Register Program and Unofficial "Draft' rules. Under Article XI, <br /> <br /> Section 1 PUBLIC TRUST, there is no mechanism. Under Article XII, Section 7 <br /> ACCESS and GATHERING there is alo no mechanism. Under the National Historic <br /> <br /> Preservation Act HISTORIC PRESERVATION, there are agency rules (Code of Federal <br />