Ka Wai Ola - Office of Hawaiian Affairs, Volume 3, Number 6, 1 June 1986 — OHA Board Approves Luluku Suit [ARTICLE]

OHA Board Approves Luluku Suit

A !awsuit charging that both federal and state govern ments are failing to comply with laws and regulations designed to protect the Luluku archeological sites from destruction in Windward Oahu will be filed by the Office of Hawaiian Affairs. »• This action was taken by the OHA Board of T rustees at its Apr. 25 regular monthly meeting in Honolulu. The stand was taken on the Luluku issue only and not on construction of the H — 3 freeway itself. Luluku is in the right-of way of the proposed freeway corridor and alternate ramps and will be severely affected if the planned alignments are implemented. Trustee Gard Kealoha said loeal and national transportation officials apparently are attempting to circumvent federal laws and regulations by treating Luluku as 17 separate eligible sites. At its Apr. 3 meeting, the OHA Board formally approved the concept that all the sites at Luluku "relate significantly to eaeh other" and that "the Luluku complex should also receive National Historic Landmark designation." Luluku, the Board agreed, should be considered as one contiguous district rather than as 17 Separate sites. "A massive lo'i system has been discovered demonstrating the extraordinary engineering skills of our people," T rustee Kealoha said. He noted that an official of the Advisory Council on Historic Preservation has reviewed the State Department of Transportation's assessment on Luluku and eame to the

conclusion that "the Luluku Archeological District represents a significant resource." "It is equallly clear," Kealoha added, "that there is a high probability that the property will be affected by the proposed construction of H-3." That evaluation was made in an April 21, 1986, letter written to the Federal Highway Administration (FHWA) by Robert Fink, the Advisory council's Western Division Project Fink also said: "We still are unable to determine precisely what portions of the proposed H-3 project area actually have been surveyed; i. e., has only the area in the vicinity of the Kaneohe interchanges been surveyed? In addition, the reports do not provide a description of the methods utilized during the survey. In order to evaluate the adequacy of the inventory effort, we will need to have a full description of the areas actually surveyed and a discussion of the field methods employed during the survey efforts." Fink added: "Due to the legal problems surrounding this undertaking, the fact that a final alternative has not been selected and questions reiised by the Council pertaining to the Keeper's determination of eligibility, it is not possible at this time to assess precisely what those effects may be. Before the Council may begin consultation with the FHWA, and the State Historic Preservation Office (SHPO). . . questions p>ertaining to survey coverage of the site and regarding (the) Keeper's determination of eligibility must be resolved before potential project effects ean be determined with any precision."