2024-12-18 Cindy Freitas #3 Testimony

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Precontact era habitation complex with 5 features, and an expansive agricultural complex with 44 features that extend across the entire project area except at the access pole from Kukuna Street. All 19 sites were assessed as significant for their information content because they have yielded or are likely to yield information important to understanding the prehistory or history of the project area. One site was additionally assessed as significant due to its association with events that have made an important contribution to the broad patterns of our history, and one site was additionally assessed as significant for its cultural value because of the presence of human remains. The 2005 Rechtman report recommended the preservation of 2 sites, a lava blister with human remains (Site 24768), for which a Burial Treatment Plan was submitted and accepted by the Hawai'i Island Burial Council and SHPD in 2019 and a historic boundary wall (Site 24774), for which an Archaeological Preservation plan was completed and accepted by SHPD in 2016. Four sites were recommended for data recovery (1. Site 24762-Precontact era habitation modified outcrop; 2. Site 24764-Precontact era habitation terrace; 3. Site 24773 —Precontact era Habitation Complex; and 4. Site 24776 Precontact era Agriculture Complex). The applicant completed and submitted a Data Recovery Plan in 2015, which was accepted by SHPD in 2016. However, upon learning that the data recovery for these four sites would require backhoe trenching, the applicant elected to halt all data recovery excavations and to pursue a preservation treatment for these sites instead. This decision resulted in the creation of an Archaeological Preservation Plan for the 4 sites entitled "An Archaeological Preservation Plan for Sites 50-10-28-24762, 24764, 24773 and 24776" dated August 2021 prepared by ASM affiliates, which outlines the short-term and permanent conservation requirements for the 4 sites and was accepted by SHPD on September 14, 2021. Four of the 6 sites slated for preservation will occur within the bulk archaeological and cultural preservation lots (except for Sites 24764 and 24773). 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;