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On July 17, Gov. Josh Green signed the Emergency Proclamation Related to Housing. In it, the governor cites “lengthy and cumbersome planning, zoning, and permitting processes” and studies that have called for their streamlining. Instead of offering lasting and meaningful solutions to involved review processes, the governor has suspended “all the laws that get in our way.”

The emergency proclamation may have serious adverse impacts to Hawaii’s historic places, as well as the ability to provide appropriate protections for iwi kupuna.

Historic Hawaii Foundation and the Society for Hawaiian Archaeology have a shared mission to preserve, promote, and respect the unique historic properties that enrich our understanding and appreciation of Hawaii’s history. Among the seven laws that are being suspended through the emergency proclamation are Chapter 6E HRS Historic Preservation Program, and Chapter 343 HRS Environmental Impact Statements.

We agree that affordable housing is one of the most pressing issues facing the state. However, historic preservation and environmental protections are themselves important societal objectives.

The state of Hawaii cannot place the already endangered and irreplaceable cultural and natural resources of our islands at further risk. The environmental and cultural resources that Chapter 6E and Chapter 343 aim to safeguard are not renewable resources; once they are destroyed to make way for development, they can never be restored.

Hawaii’s Soul Jeopardized

The emergency proclamation sets up a false choice between providing housing or protecting Hawaii’s unique and special places. These goals are not and should not be mutually exclusive.

The historic places, natural resources, scenic beauty, and exceptional culture of Hawaii are among the strongest reasons people want to live here. In the urgency to address housing, the emergency proclamation is jeopardizing the soul of Hawaii.

The proclamation suspends all state laws protecting cultural resources, including archaeological sites, historic architecture, and burials. It strips authority from a team of trained professionals at the State Historic Preservation Division who have specific expertise in the historic preservation review process. This authority has been transferred into the hands of a single individual, a lead housing officer who has no qualifications or expertise to make decisions about historic preservation.

Under this scheme, the LHO will consult with — but not be bound by the recommendations of — a working group of representatives from state agencies and other organizations, the majority of whom likewise have no historic preservation expertise. The LHO and working group are charged with the goal to “steward housing projects through the development process.” Preserving and safeguarding Hawaii’s irreplaceable cultural heritage is incidental to, and may be sacrificed for, these projects.

Instead of working to improve the existing historic preservation review process, this emergency proclamation has effectively eliminated the established laws, replacing them with “rules” that unilaterally rewrite the laws governing historic preservation.

This re-envisioned, streamlined “process” has been designed with the explicit aim of fast-tracking development. It lacks transparency, is contradictory, and offers a naïve and inadequate approach to historic preservation review.

Among the new “rules,” the emergency proclamation requires a project proponent to identify and analyze the cultural and environmental impacts of a project. The LHO, in consultation with the working group, is then tasked with determining the project’s effect on historic properties.

The LHO and working group have neither sufficient experience nor access to the historic property information compiled and held by SHPD.

Based on this limited information, the LHO will decide whether an area merits further study prior to its development. If the wrong course of action is determined, the result could mean the destruction and desecration of historic properties and burials.

The emergency proclamation’s revised “rules,” which were developed without the input of those most affected by them, will significantly disenfranchise descendant communities from participating in the care of their iwi kupuna.

These rules do not allow adequate time to recognize cultural or lineal descendants who must have a voice in the care of their ancestors. This EP removes the time and space necessary for meaningful consultation, effectively undoing any progress made towards restoring agency to Native Hawaiian communities in the care of iwi kupuna.

Descendent communities of individuals deemed to not be Native Hawaiian are treated even more harshly as they have no ability to even be involved in the process. Historic properties that are not related to human remains — including those listed in the Hawaii Register of Historic Places — are given even less consideration.

Cultural identity and historic places should not be sacrificed as collateral damage to other societal needs or issues. Indeed, the purpose of the historic preservation review process is to find ways that the state of Hawaii can both house its people and honor the islands’ history in ways that allow present and future generations to learn from the past and inspire a better future.