2024-01-16 PL-CRC-2023-000011 Testimony - C. Freitas

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peoples traditional right to subsistence. As a result in 1850, the Hawaiian Government confirmed the traditional access rights to native Hawaiian ahupua'a tenants to gather specific natural resources for customary uses from undeveloped private property and waterways under the Hawaiian Revised Statutes (HRS) 7-1. In 1992, the State of Hawai'i Supreme Court, reaffirmed HRS 7-1 and expanded it to include, "native Hawaiian rights...may extend beyond the ahupua`a in which a native Hawaiian resides where such rights have been customarily and traditionally exercised in this manner" (Pele Defense Fund v. Paty, 73 Haw.578, 1992). Act 50, enacted by the Legislature of the State of Hawaii (2000) with House Bill 2895, relating to Environmental Impact Statements,proposes that: ...there is a need to clarify that the preparation of environmental assessments or environmental impact statement should identity and address effects on Hawaii's culture, and traditional and customary rights...[H.B. NO. 2895] Act 16, enacted by the Legislature of the State of Hawaii (2020) with S.B. No. 2060 Section 3; (2) Historic resources; (A) Protect,preserve, and where desirable, restore those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. Therefore this project should not be built on historic sight and p or remove any of the pohaku and any other prehistoric, cultural, archaeological, and historic resources. I would like to request to initiate in the Section 106 Consultation. Mahalo, /s/ Cindy Freitas