PL-REZ-2023-000051 01.17.24 Cindy Freitas Testimony

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Construction will have significant cumulative adverse impacts on cultural, archaeological, native plants, rare plants and animal species and historic elements resources in the proposed project. The Constitution of the State of Hawai'i clearly states the duty of the State and its agencies is to preserve, protect, and prevent interference with the traditional and customary rights of native Hawaiians. Article XII, Section 7 requires the State to "protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua `a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778" (2000). In spite of the establishment of the foreign concept of private ownership and western -style government, Kamehameha III (Kauikeaouli) preserved the 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 Applicant Lili'uokalani Trust in all due respect should be using and modifying the excising building that is located at makalapuan which is the OLD K-MART which shut down in 2018 and the Makalapua Theater that is all boarded up. Please don't let there company's leave unattended building and we will be looking like OAHU. Mahalo /s/ Cindy Freitas