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2007-09-21 TD-BAR
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2007-09-21 TD-BAR
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have to consider in these matters. And if your testimony is that, you know, this cultural <br />impact assessment is deficient, it seems to me pretty clear that it is, then what I’m trying <br />to figure out is what needs to be done in order to meet the requirements of the law. And <br />that’s the purpose of my question. <br />TYLER: Thank you for the question, Mr. Iwashita. The, what I’m about to <br />tell you is my opinion based on what I understand the Supreme Court to have said. And <br />it doesn’t revolve completely around who was interviewed, who was not interviewed. <br />But it revolves around the guidelines that are, the decision of the Supreme Court and the <br />guidelines that were subsequently promulgated by the Office of Environmental Quality <br />Control; and those are of record and it clearly states what it is that needs to be done. And <br />in some respects I don‘t believe that the study comports with that.But I’m not an officer <br />of the court, nor do I presume to be. I believe you are and I think you can, as well as <br />others of you around the table who have far more abilities and knowledge to be able to <br />properly interpret whether or not this is an adequate document that comports with the <br />law. I’m not in that position. I am only giving you my impression as a layman based on <br />my understanding. But I can’t give you a legal opinion about that. I’m not qualified to <br />do so. <br />IWASHITA: Okay, I -. Mr. Chairman? <br />GRAHAM: Commissioner Iwashita. <br />IWASHITA: Thank you. I didn’t mean to ask you for a legal opinion. I was just <br />making it this way, a very respective jurist that I know once said, you know, in applying <br />the law, right, and to me that’s what we’re supposed to do, make sure that as far as <br />cultural impacts that we comply with the law. And I for one, you know, have a great <br />respect for the long oral history, right, you know, of the Hawaiian civilization -. <br />TYLER: Thank you. <br />IWASHITA: And, but today we rely on a written record, right? So the challenge <br />is how do we get that oral history, the cultural history, made proper in our written record. <br />And the rules that you’ve talked about, the guidelines you’ve talked about, those are <br />what’s being developed in order to do that. So all I was trying to get from you, <br />Mr. Tyler, was that, you know - and I respect based on your testimony in this case and <br />others that you have an expertise that we don’t, most of us, well, I don’t certainly, in <br />terms of in particular for these lands involved in this application because you have been <br />taught the history of these lands and any cultural kind of activities and so forth on those <br />lands - that it would be important to me that someone like you and others like you who <br />have that knowledge that it be incorporated in the cultural assessment. So that’s all I’m <br />trying to get; and my sense is that that has not been done. <br />TYLER: Well, I think an attempt was done. If I may respond, <br />Mr. Chairman, I’m sorry, very briefly. I believe that an earnest effort was put forward by <br />the applicant and the applicant’s representative here. Whether or not the end result is <br /> EXHIBIT B <br />16 <br /> <br />
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