2025-01-16 Chuck Flaherty, Moku Loa Group, Sierra Group

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"Petitioner is establishing two Cultural Practice and Preservation Areas (Cultural Preserves'), comprising a total of approximately 12 acres, where lineal and cultural descendants may engage in traditional cultural practices." (p. 18) " Another significant protective measure concerns the burial site of Kamaeo'kalani, near the summit ofPu'u Ohau, which is a significant historic and cultural site. This site is located within the Conservation District and outside the Petition Area. In order to provide an additional buffer around this site, Petitioner has agreed to abandon the development of five previously subdivided lots presently within the Agricultural District along the current Conservation District boundary. The area included in such lots is part of the area for which the instant Petition seeks reclassification to the Conservation District. Petitioner will also construct a gated wall or other buffer to restrict access to, and to protect and preserve. the burial site of Kamaeo'kalani and other cultural resources within the buffered area." "These mitigation measures will ensure that traditional and customary native Hawaiian rights, customs and practices will be preserved and protected in a feasible manner [emphasis added]." (see attached,p. 33) This language reflects the legal elements contained in both the state constitution and state Supreme Court rulings intended to protect kanaka maoli traditional and customary practices and other legal rights. They are explicit statements that these areas contain constitutionally-protected cultural and historic resources and rights. Past protests and vigils in support of Pu'u Ohau and the Hawai'i Island Burial Council (see attached flyer) clearly show there has been extensive community support for a recommended amendment that moves the two Cultural Preserve areas in Conservation as shown in the maps contained within Docket A06-179 and the SEISPN attached to this testimony. HIG urges the Commission avoid a repeat of the pain and suffering that would be caused to the kanaka maoli community and their rights and traditional and customary rights as occurred in the early 2000s. Please recommend an amendment to the GP land use map to protect and preserve these areas in perpetuity. Wastewater Treatment HIG is developing testimony to recommend an amendment to provide timely and orderly funding for and implementation of the three Administrative Orders on Consent that require the county to undertake repairs, retrofitting, upgrades, expansion of both facilities and service areas throughout the county. Meanwhile,please see the attached letter HIG providing comments on the renewal of the Hilo wastewater treatment plant which presents many issues not yet addressed in GP2045. Mahalo for this opportunity to testify.