SB851

THE SENATE	S.B. NO.	851
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SHORELINE SETBACKS AND HISTORIC AND CULTURAL SITES IN THE DISTRICT OF KOOLAULOA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the protection and preservation of Hawaii’s historic and cultural heritage is of paramount importance. The legislature established the historic preservation program for the purpose of conserving Hawaii's unique heritage. Several cultural sites have been destroyed or threatened by recent developments, including the Wal-Mart in downtown Honolulu and the current proposed expansion of the Turtle Bay Resort located in the ahupuaa of Hana Kaoe.

There are several sites listed on the Hawaii register of historic places and the national register of historic places located in the proposed Turtle Bay Resort expansion area, including the Kahuku habitation area, the Kawela bay archaeological area, the Kahuku point archaeological area, and Punahoolapa marsh. Several burials have been found and relocated since the development of the existing hotel began prior to the enactment of new standards for inadvertent discoveries and the establishment of the burial councils in 1990. Given the location, which includes jocular sand dunes, more cultural sites are expected to be found. Recent advances in technology have made it much easier to detect hidden cultural sites, including burial sites.

Oaktree Capital Management, LLC, the current owner of Turtle Bay Resort and developer of the planned expansion was recently urged by the state historic preservation division to revise the layout of its plan, including a shoreline setback of an additional five hundred to six hundred fifty feet from the currently required one hundred foot setback, so as not to disturb burial sites. This recommendation was based on a revised mitigation plan submitted by the developer, which led the division to conclude that there is a high probability that numerous as yet undiscovered subsurface burials, in addition to the twenty-four known individuals in nine burial features, are located in the areas to be developed. According to the letter sent to the developer from the state historic preservation division, "[a]lmost all of these burials (twenty-one of twenty-four individuals, and seventeen of nineteen burial features) are located in Jaucas sand deposits, within approximately 100-150 meters of the shoreline."

Given this new information, the legislature further finds that a new cultural and historical assessment of the proposed development site must be conducted before any more development can go forward. Such a review would ensure the preservation of the cultural sites known and believed to be in the area, relieve community concerns over the possible desecration of cultural and burial sites, and would prevent the developer from being inconvenienced by frequent and expensive halts in construction or being subject to penalties under sections 6E-11.5, and 6E‑11.6, Hawaii Revised Statutes.

The purpose of this Act is to ensure that any further development between Kawela stream and Marconi road fully respects and preserves any possible cultural and historic sites.

SECTION 2. Any development makai of Kamehameha highway between Kawela stream and Marconi road, in the ahu puaas of Opana, Hana Kaoe, and Kahuku on the Island of Oahu shall:

(1) Be strongly encouraged to maintain a minimum shoreline setback of seven hundred fifty feet;

(2) Be required to conduct a new comprehensive historic and cultural preservation assessment, under the supervision of the department of land and natural resources pursuant to section 6E-10, Hawaii Revised Statutes, including:

(A) The identification of burial sites pursuant to section 6E-43, Hawaii Revised Statutes, using the most up-to-date technology available, and

(B) The evaluation of whether additional sites should be added to the Hawaii register of historic places, pursuant to section 6E-5.5, Hawaii Revised Statutes; and

(3) Comply with all other recommendations of the Oahu burial council, the historic preservation division and any other interested agency of the department of land and natural resources.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________