HCR28 HD1.DOC

WHEREAS, the Department of Land and Natural Resources (DLNR), through its Division of State Parks, manages 53 state parks, comprising roughly 25,000 acres over five major islands; and

WHEREAS, native Hawaiian cosmology believes that all Hawaii lands are sacred; and

WHEREAS, a large portion of state park holdings include specific sacred sites; for example:

(1) On O‘ahu: Kapa‘ele‘ele Ko‘a, Kaenieni Kilo, and Huilua Fishpond in Kahana, Ka‘ena Point, Keaīwa Heiau in ‘Aiea, Kūkaniloko in Waialua, Pu‘u o Mohuka in Pūpūkea, and the Ka Iwi coast;

(2) On Maui: Haleki‘i and Pihana Heiau in Wailuku, ‘Iao Valley, and Pi‘ilani Trail in Wai‘anapanapa;

(3) On Hawai‘i: ‘Akaka Falls, Mo‘okini Heiau in Kohala, Mauna Kea, and Wailuku River;

(4) On Kaua‘i: Caves in Ha‘ena, Na Pali Heiau and Terraces, Poli‘ahu, Hikinaakalā, Kalaeokamanu, Malae, and Holoholokū Heiau in Wailua;

and

WHEREAS, each island has different protocols and ways and means of care for sacred sites; and

WHEREAS, each sacred site has different purposes, which require different protocols and ways and means of care; and

WHEREAS, all sacred sites listed in this concurrent resolution pre-date foreign arrival to Hawaii and were consecrated under different spiritual laws, namely the tapu system; and

WHEREAS, while the political tapu system was abolished, spiritual tapu, much like that afforded to existing churches in Hawai‘i (for example, the Church of Jesus Christ of Latter-day Saints temple in La‘ie), still exist and are an integral part of native Hawaiian sacred-site care; and

WHEREAS, due to the dismantling of native Hawaiian spirituality upon foreign contact, the native Hawaiian has been and remains separated from sacred sites; and

WHEREAS, Article XII, section 7, of the Hawaii Constitution states, "The State reaffirms and shall 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, subject to the State to regulate such rights" (emphasis added); and

WHEREAS, the state parks are heavily used, underfunded, and understaffed; and

WHEREAS, a study would be helpful in assessing the current standard and level of care actually given to native Hawaiian sacred sites under the jurisdiction of DLNR's Division of State Parks and determine any changes needed to uphold the State's obligation under Article XII, section 7, of the Hawaii Constitution; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the Senate concurring, that the Office of Hawaiian Affairs (OHA) is requested to study the current standard and level of care actually given to native Hawaiian sacred sites under the jurisdiction of DLNR's Division of State Parks and determine if any changes are needed to uphold the State's obligation under Article XII, section 7 of the Hawaii Constitution; and

BE IT FURTHER RESOLVED that the Legislature requests that the study include but not necessarily be limited to the following:

(1) A cultural assessment of how effectively three selected sacred sites at state parks are being cared for, with OHA selecting the sacred sites to be studied; and

(2) The development of possible solutions to caretaking problems that are discovered, including describing the basic elements of a plan to expand and augment community-based caretaking and educational programs and increase the access and participation of community groups;

and

BE IT FURTHER RESOLVED that the study and proposed solutions respect existing caretaking plans and agreements already in place or being developed for park lands containing sacred sites such as Kahana Valley and Haiku Valley; and

BE IT FURTHER RESOLVED that all government agencies involved in Hawaii's cultural and natural preservation, including but not limited to DLNR, are requested to provide their full cooperation and all relevant data and other information to OHA during the planning and conduct of the study; and

BE IT FURTHER RESOLVED that the cooperation of DLNR is requested to include but not be limited to providing OHA, cultural practitioners who are of the faith of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, and other appropriate members of the native Hawaiian community, with unfettered access to the sacred sites for a sufficient time period during the planning and conduct of the study to assess existing conditions and formulate appropriate educational and curatorship programs; and
BE IT FURTHER RESOLVED that OHA is requested to submit, not later than 20 days prior to the convening of the Regular Session of 2010, findings and recommendations, including any proposed legislation, for expanding community involvement in the proper and appropriate caretaking of, and education concerning, sacred sites held by the DLNR's Division of State Parks; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, the Chairperson of the Board of Land and Natural Resources, and the Administrator of the Division of State Parks.

Report Title:

State Parks; Heiau; Sacred Sites; Office of Hawaiian Affairs

HOUSE OF REPRESENTATIVES	H.C.R. NO.	28
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII