HomeMy WebLinkAbout2024-01-16 PL-CRC-2023-000011 Testimony - C. Freitas DeVera, Ashley
From: cindy Freitas <
Sent: Tuesday, January 16, 2024 7:06 PM
To: Planning Cultural Resources Commission
Subject: January 17, 2024 meeting Item 1, Section 106 Consultation Request
Attachments: Cultral Commission.docx
1
January 17, 2024
Cindy Freitas
County Cultural Resources Commission
National Historic Preservation Act(NHPA) Section 106 Consultation Request
Location: Honokohau and Kealakehe Ahupua`a, North Kona, Hawai`i TMK(s): (3) 7-4-008:072, 077,
078, and 090 (formerly 077 por. 1); and(3) 7-3-009:999
North Kona Sewer Pump Station
crc@hawaiicounty.gov
RE: Testimony
Aloha,
My name is Cindy Freitas and I'm a descended of the indigenous inhabitants of Hawai'i prior to 1778
and born and raised in Hawai'i.
I am also a Practitioner who continue to practice the Cultural Traditional Customary Practices that was
instill in me by my grandparents at a young age from mauka(MOUNTAIN TO SEA)to makai in many
areas.
I'm testifing in support for a Section 106 Consultation for the following reasons;
Honokohau and Kealakehe Ahupua'a, North Kona District, Island of Hawaii TMK portions of(3) 7-4-
008:072, 077, 078 and 090 (formerly 077 por. 1); and (3) 7-3-009:999.
Has sighted field inspection for SIHP# 50-10-27-23021 Kealakehe, Lava tube; #50-10-27-2023
Kealakehe, Trail; #50-10-27-2026 Kealakehe, Complex; #50-10-27-23353 Honokohau, Trail; #50-10-
27-23552 Kealakehe Pahoehoe excavation; #50-10-27-26260 Kaloko, Lava tube; #50-10-27-26262
Kaloko C-shape enclosure; #50-10-27-00002 Honokohau, Trail Mamalahoa Trail and King Trail; #50-
10-27-10714 Fe. A, B Kaloko Mauka-makai Trail system (Road to the Sea); #50-10-27-18083
Honokohau, Modified outcrop; #50-10-27-18084 Honokohau, Initially assessed as overhand shelter,
revised to natural; #50-10-27-18085 Honokohau, Lava Tube; #50-10-27-18086 Honokohau, Pecked
pahoehoe basin; #50-10-27-18091 Honokohau, Petroglyph; #50-10-27-18095 Honokohau, Mound;
#50-10-27-18097 Honokohau, Pahoehoe excavation complex; #50-10-27-18099 Honokohau, Mauka-
Makai Trail; #50-10-27-18101 Honokohau, Enclosure remnant; #50-10-27-18186 Honokohau, Wall,
possible trail; #50-10-27-21588 Kealakehe Trail and many more sights.
Construction will have significant cumulative adverse impacts on cultural, archaeological, native plants,
rare plants and animal species and historic elements resources in the proposed 2.596 acre for the North
Kona Sewer Pump Station(SPS)that is irreversible.
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 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