Ka Wai Ola - Office of Hawaiian Affairs, Volume 4, Number 9, 1 September 1987 — OHA, Kapalua Land Agree on Stipulations [ARTICLE+ILLUSTRATION]

OHA, Kapalua Land Agree on Stipulations

Sianina lnsures Care of Native Hawanan Burials

By Linda Kawai'ono Delaney Land Officer The Office of Hawaiian Affairs has formally signed a "Memorandum of Agreement" (MOA) regarding ancient Hawaiian burials and sections of what could be the legendary Pi'ilani Highway at Kapalua on Maui. Horses, careless campers and sand-mining equipment had eaeh taken their turn at disturbing the Honokahua dunes near Fleming's Beach at Kapalua. Unknown or forgotten, the ancient Hawaiian graves beneath the sands were unintentionally desecrated. Exposed and broken, human bone fragments traced trails of disgrace over the dunes.

When Kapalua Land Company (the owner of the dunes) applied to the Maui Planning Commission for approval of a proposed resort hotel at Honokahua, OHA Trustee Manu Kahaiali'i and members of the Hui Alanui o Makena voiced eoneem for the burials and trail. Finally brought to public attention, the Maui Planning Commission required Kapalua Land Company to consult with the Office of Hawaiian Affairs, the State Historic Preservation Office, and the Maui community to develop plans for the dignified treatment of the bones and the preservation of the trail.

Speaking at the signing ceremony and press eonference at Kapalua, Board of Trustees Chairman Moses K. Keale Sr. described the significance of the MOA: "This agreement asserts and accepts the deep and difficult responsibility all Native Hawaiians share in the care of our past. The bones of our ancestors, na 'oiwi, join us in a bond of family that ean be traced back 1,500 years." By the terms of this He Palapala 'Aelike: • The graves will be uncovered to the highest standards of personal and professional conduct, and only in the presence of a Hawaiian community representative. • For the first time in modern history, the scientific study of Hawaiian remains will be limited by a recognition of traditional Native Hawaiian beliefs and culture.

• The bones will be reburied in a traditional manner in the same ahupua'a, keeping the link between those who have died and the land that sustained their lives. • Onee reburial is complete, title to the site will be signed over to the Office of Hawaiian Affairs — assuring that they will never again be disturbed. In addition: • The segments of trail whieh cross the Kapalua property will be preserved and reconstructed on the makai portion of the property. Best estimates are that this trail will then stretch for more than 100 feet. • All costs associated with this Agreement, including the continued maintenance of the reburial plot, will be borne by the Kapalua Land Company. The Kapalua Agreement is the first OHA has negotiated with a private developer. As Chairman Keale noted, "like the "MOA" for Luluku, by this agreement OHA is demonstrating that 'What's good for Hawaiians is good for Hawai'i. And what's good for Hawai'i is good for Hawaiians."'

Also publicly announced at the signing was a new Board policy and initiative advocating the preservation and protection of Native Hawaiian historic sites. First suggested by Trustee Rodney K. Burgess III, the full Board approved the new policy at its July meeting on Kaua'i.

With this policy, OHA has created a "Native Hawaiian Historic Places Inventory" and served notice that the cultural significance of these areas must be eonsidered in planning choices by all government agencies. "This responsibility for the protection and management of our Hawaiian cultural treasures," Keale addead, "cannot be assured by OHA alone. But too often, the decisions affecting our past have excluded or

ignored Hawaiians and our values regarding the treatment of our ancestors and their works." The Inventory begins, Keale announced, "with the listing of the 507 known treasures of our past whieh were, on a technicality, removed from the State Register of Historic Places." During the coming months

and years, this Inventory will be expanded to list all known native sites in the Islands. As chairman Keale noted: "OHA — on behalf of all Native Hawaiians and working with community-based Hawaiian groups — ean and will bring a special commitment and knowledge to government decision-making at every level that works to the benefit of all the citizens of Hawai'i."

Participants in the Kapalua, Maui, news conference on Memorandum of Agreement are, from left to right: Office of Hawaiian Affairs Maui Trustee Manu Kahaiali'i; Dana Naone Hall, Hui Alanui o Makena; OHA Board of Trustees Chairman Moses K. Keale Sr.; Richard Cameron, vice president, Kapalua Land Company; Trustee Rodney K. Burgess III; Edward Chang and Leslie Kuloloio, Hui Alanui o Makena; Charles Maxwell, vice chairman, advisory committee to Federal Civil Rights Commission.

-n™-... . - — w mmmmmmmmmmmmmmimmmmmmmmmmmmm ... -■■•■■■'-T^M« Wtlirmr1im[Wl»llli Vice President Richard Cameron of Kapalua Land Company points to paved trail whieh will be preserved under terms of a Memorandum of Agreement signed with OHA.