Island Burial Council Document Page
HAWAI`I ISLAND BURIAL COUNCIL MEETING
DATE: THURSDAY, FEBRUARY 20, 2003
TIME: 2:00 PM - 6:00 PM
PLACE: YANO MEMORIAL HALL
82-6156 MAMALAHOA HWY.
CAPTAIN COOK, HI 96704
Peter Young, DLNR Administrator
Kai Markell, History and Culture Branch Chief
Mary Perzinski, Historic Preservation Specialist
James Paige, Deputy Attorney General
Keola Lindsey, Historic Preservation Specialist
Jeanne Knapp, Historic Preservation Specialist
Jim Medeiros, Sr.
Mary Kelehalio Kalili
Boniface K. Aiu
Pearl Ulu Garmon
I. OPENING REMARKS
Geri Bell (Bell), Vice-Chair of the Hawai`i Island Burial Council calls meeting to order at 2:11 p.m. Mona Kahele (Kahele) offers a pule.
COMMENTS FROM THE CHAIRPERSON OF DLNR
Bell introduces the chair of DLNR, Peter Young (Young), to the council.
Young thanks the council for their time and allowing him to address them. Young wants to have a good working relationship with the council. Young introduces the deputy attorney general, James Paige, to the council and has requested a representative from the attorney general's office be present at future meetings. Young says he will visit the other burial councils around the state as well. Young asks for the council's guidance in reinterring burials as quickly as possible.
Bell thanks Young for coming and thanks him for his commitment to having an attorney general at the burial council meetings.
APPROVAL OF DECEMBER 19, 2002 HIBC MEETING MINUTES
A motion is made to defer approval of minutes until the end of the meeting. (Harris/Kekipi)
VOTE: ALL IN FAVOR.
A. ELECTION OF CHAIR AND VICE-CHAIR
Chair entertains motion to move agenda item III A. Election of Chair and Vice-chair to the end of case updates. (McDonald/Hanoa)
VOTE: ALL IN FAVOR.
A motion is made to move agenda item Case Updates: Ka `Ohana O Na Kupuna O Kona before agenda item IIIB. (McDonald/Harris)
VOTE: ALL IN FAVOR.
KA `OHANA O NA KUPUNA O KONA
Lily Kong (Kong) addresses council. Kong gives council brief background of the case for recognition of Ka `Ohana O Na Kupuna O Kona. Kong asks the council for a decision regarding recognition.
Bell explains that the attorney general's office has communicated with the DLNR, but the council hasn't seen it yet. It should be ready for discussion by next HIBC meeting.
Kai Markell (Markell) says the office just received it yesterday. Markell suggests a closed session at the next meeting with the attorney general to discuss the opinion.
B. LAND OF PUA`A; TMK: 3-7-5-10:61; PUA`A 1ST AHUPUA`A, NORTH KONA DISTRICT, ISLAND OF HAWAI`I
Information/Recommendation: Formal council determination to preserve in place or relocate affected burials, and council recommendations to the Department of Land and Natural Resources regarding proposed burial treatment.
Mary Perzinski (Perzinski) gives a brief background of the project for the council. Joseph Kennedy is the archaeological consultant. A complete burial was found in a refuge cave and scattered remains were found in three separate areas within midden material. The burial treatment plan proposes to gather the scattered remains and inter them with the complete burial in the cave, then seal the cave with a 25 foot permanent buffer zone.
Bell asks for descendents who wish to speak.
Jim Medeiros (Medeiros) is offended by the term "refuge" cave, and suggests calling the cave a burial cave.
Ulu Sherlock arrives at 2:20 pm. Ulu Garmon arrives at 2:30 pm.
Joseph Kennedy (Kennedy), Archaeological Consultants of the Pacific, clarifies that the site number is 21762. The bones were identified as human by Dr. Alan Ziegler. Kennedy says that the fragmented remains were likely scattered by an animal. There was evidence of gnawing on the bone.
Bell asks Kennedy what is planned for the property. Kennedy says an assistant care facility may be constructed, but he is not completely sure of the property owner's plans.
A motion is made to preserve in place burial feature 21762:02 and relocate the two additional fragments in as outlined in proposed burial preservation plan. (Harris/Ray)
Roger Harris (Harris) explains his reasoning for making motion. Ruby McDonald (McDonald) asks about the land covenant. Harris refers to pages 14 and 15 in the preservation plan which explains the covenant process.
VOTE: ALL IN FAVOR.
Kennedy thanks council.
Information/Recommendation: Burial Treatment Plan presentation on burials located on the project property. Recognition of lineal and/or cultural descendents.
Markell and Perzinski read memos for recognition of lineal and cultural descendents.
The first memo is from Kana`i Kapeliela dated January 14, 2003. Direct lineal descent claim for Leslie Debina, Christopher Debina, Frank Debina Jr., Andrea Debina, Kawai Debina, Moses Paiva, Lori Moses, Lurline Nahanui, and Joann Schumann.
A motion is made to accept staff's recommendation as recognition of lineal descendents of Kama`eokalani. (Kekipi/Hanoa)
VOTE: ALL IN FAVOR.
The second memo from Kapeliela, dated February 19, 2003, recommends recognition of the applicants listed below as collateral lineal descendents of James Keka`a Keli`ikipi the grave of whom is located at Nawawa in Ke`eke`e `ahupua`a: Warren Akau, Mahealani Akau, Miki`ala Akau, Makapena Akau, Shirley Akau Kanuha, Zachary Kina Kanuha, James Pachi Kanuha, Rowena Kaui Kanuha, Shannon Kanuha, Ikaika Kanuha, Barbara Jean Akau Navas, Reynolds Navas Jr., Jerry Kyle Navas, Sherilyn Navas Loa, Dorothy Akau Alapa'i, Aaron Alapa`i, Moana Alapa`i, Elena Alapa`i, Keao Alapa`i, Pua Alapa`i, Jacqueline Akau Correa.
A motion is made to accept staff's recommendation for recognition of collateral lineal descendents of James Keka`a Keli`ikipi. (Kekipi/Hanoa)
McDonald recommends adding Jr. to Zachary Kina Kanuha.
VOTE: ALL IN FAVOR.
The third memo from Kapeliela dated February 19, 2003 recommends recognition of the applicants listed below as collateral lineal descendents of Kama`eokalani: Marie Aulani Cruze Josephides, Analu Kame`eiamoku Josephides, Elena M. Josephides Danao, Aliki Leinani Laura Josephides Labrador, Frank Cruze Jr., Veronica Ann Cruze Terukina, William M. Hopkins, Dottie-Mae Halani Hopkins Shirley, Kelly Amaral, Antoinette Amaral Wilson, Darryl Terukina, Benjamin Terukina Jr., Reanete Terukina Lacquesta, Ronnette Terukina Langford, Evelyn Kekulani Cruze, Thomas Ahlo Keli`i, Brandy Kanoelehua Enos, Nalei Kealoha, Sally Kealoha Tanigawa, Mark Tanigawa, Tau`a Pahukoa, Mildred Aiu Rasmussen, Jeff Rasmussen, Patricia Kanehiwa, Pele Hanoa, Keola Hanoa, and Palikapu Dedman.
A motion is made to accept staff's recommendation for recognition of collateral lineal descendents of Kama`eokalani. (Kekipi/Hanoa)
VOTE: ALL IN FAVOR.
The final memo from Kapeliela dated February 19, 2003 recommends recognition of the applicants listed below as a lineal descendents of Kama`eokalani: Kareen Medeiros, Jacob Medeiros, Lincoln Medeiros, and Jameson Medeiros.
A motion is made to accept staff's recommendation for recognition of the applicants listed above as lineal descendents of Kama`eokalani. (Garmon/McDonald).
VOTE: ALL IN FAVOR.
Bob Stuit (Stuit) of Hokuli`a, is not prepared for a formal presentation and requests descendent testimony.
Moses Haia (Haia), attorney for Native Hawaiian Legal Corporation, and Jimmy Medeiros (Medeiros) introduce themselves to the Council. Haia refers to the introduction of the burial treatment plan submitted on behalf of Hokuli`a and the status of inadvertent/previously identified burials. Construction buffers and permanent buffers are also discussed by Haia. Medeiros is concerned with the shrinking buffer zones. Medeiros asks council to not approve the submitted burial treatment plan. Markell says that this burial treatment plan was submitted to the council by order of the court.
There is discussion on whether this is the new burial treatment plan or an amendment. Stuit responds that it is the most recent burial treatment plan prepared to comply with Judge Ibarra's order. Harris notes that this burial treatment plan is to preserve all the previously identified burials in place. Bell and Ray say that the council never clearly identified the base of Pu`u Ohau. Leihulu Mamac (Mamac) has a question about the table listing the burials, some having asterisks. Stuit explains that the asterisks refer to previously identified burials. Stuit says that the March 2000 burial treatment plan is not complete. There may be more burial treatment plans to identify sites that are not addressed in the March 2000 burial treatment plan. Again this plan was driven by the judge's order.
Markell says that they will be sending out burial treatment plans to all the descendents. Markell says that the rules give the responsibility of notifying descendents to the applicant.
Mamac says that Pu`u Ohau used to be called Pu`u Ohua, but the name is changed in the ranching days.
Hanoa asks about the shrinking buffer zone changes. Stuit says that now we have a lot better data, a lot better survey information. The purpose of the buffer zones is to protect sites. Hanoa says that if it was 70 feet and Hokuli`a cannot comply with that, then the buffers should be 100 feet. It is a matter of trust. Stuit says that 21841 has different circumstances, it is a burial within an agricultural feature. The actual buffer, when erected will be 25 to 45 feet away from the burial feature. Hanoa says they still believe the entire lava tube to be a burial. Stuit says that this issue was discussed in 1999. Stuit says that because all the archaeological information wasn't known in 1999, Stuit says that it is difficult to preserve them with the same commitment.
Kekipi asks Stuit if this ia a new plan or a revised plan. Stuit says that this is a separate plan, prepared to comply with the judge's order. The judge was not specific on the sites to include, he just said inadvertently discovered sites found during sweeps. Kekipi says that if it wasn't for the judge's order to do a better survey, many burials would never have been found. Stuit says that before the court case even started, Hokulia did their own sweeps of their own volition to make sure they had a better plan and would better protect the sites. In fact, Hokulia found most of these new sites before construction. Kekipi asks if the lots were sold prior to construction. Stuit says they started taking reservations in 1999, sweeps were also being done during this time.
Paige says the judge's order is clear in that he wants the burials be treated as previously known. Paige says he hasn't seen Hokulia`s plan, but the court order is clear and that is how it stands unless it is appealed or overturned.
Roger Harris (Harris) says that the judge's order also says that the DLNR/SHPD within 60 days of the date of this order, February 26th, next week, identify any traditional Hawaiian cultural practices. Harris asks if that report is being prepared. Markell says that the first draft is complete and they are hoping to finalize it by the end of tomorrow, ahead of schedule.
Bell calls for a 10 minute break at 3:40 p.m.
D. KUNEWA BURIAL; TMK: 372-006-006-000; KAULANA, LOT 60, GRANT 3816; NORTH KONA DISTRICT; ISLAND OF HAWAI`I
Information/Recommendation: Discussion of burial find, and information.
Lyle Hosoda (Hosoda), Eileen Enos (Enos) and Hannah Reeves (Reeves) introduce themselves to the council. Hosoda says that it has been established that a permit was issued improperly by the Department of Health. Markell informs council of the background of the case and the current status. Markell says that the investigation is almost complete and will invite the other family members to the March meeting and have a closed session to discuss the issue. Markell says that if the process went as it should have, the council would have made a recommendation to the Department whether to preserve in place or relocate because the burial is Native Hawaiian and the interment occurred over 50 years ago. Markell says they are looking to the council for a remedy. What is different about this case is that there isn't a land owner applicant coming forward. There is a new landowner, there is the position of the church and there are also two family factions. Kekipi says they hopes that the ohana gets together and gives the council a decision rather than the council giving the ohana a decision. Enos says that her decision is to put her grandmother back where she belongs no matter what happens or what is said, that is what she wants. Bell says they will try their very best.
E. 76-6168 ALI`I DRIVE; TMK: (3)7-6-17:43; PUAPUA`ANUI; NORTH KONA; ISLAND OF HAWAI`I
Information/Recommendation: Discussion of burial find, information, and recognition of lineal and/or cultural descendents.
Analu Josephides (Josephides) says that they would like to put on the agenda to discuss Hokuli`a, Pu`u Ohau, and descendency issues. Bell says that many people have just been recognized and will be sent the burial treatment plan just submitted and the original burial treatment plan. Ululani Sherlock (Sherlock) asks Josephides to get the people that he says he is representing to put it in writing. Sherlock is also concerned about publicly sharing names of descendents without their permission.
Markell says that Hattie Ahuna is on the mainland and could not attend today's meeting. An inadvertent burial was found and it came to the Department's attention that this burial may be part of a concentration; a family burial plot. A burial treatment plan has been submitted to the Department. Markell expects Ahuna to be at the March meeting to be recognized by the council as a lineal descendent.
F. KONA LAGOON INADVERTENT DISCOVERY
Information/Recommendation: Discussion of burial find.
Markell gives a brief update to the council. Burials are eroding out along the shoreline and are being treated as inadvertent burials. Seven have been recovered, but there are likely more. At this point, there has just been monitoring to watch is more come out from the high surf. Bell says that a similar situation occurred at Pu`u Honuahanaonao.
IV. CASE UPDATES
Information/Recommendation: Status updates including, but not limited to, NAGPRA Collection at UH-Hilo, recognition of lineal/cultural descendents.
Markell says the decision was made, but the official signed order has not been released.
Markell says he is still talking with Debbie Rae. Markell and Kapeliela have been out there and things have to be worked out. Hanoa suggests putting off Hokulia and focusing on Pu`uanahulu. Bell says to put it on the agenda.
Markell says they received a call about a fence or gat being installed.
Markell says the site visit got a little bit out of control and everyone had to leave, but it was productive. Markell says that families will be recognized.
NAGPRA Collection at UH Hilo
Peter Mills (P. Mills) and Aulii Mitchell (Mitchell) from UH Hilo introduce themselves to the council. Mitchell addresses the council in Hawaiian. P. Mills says that when he was hired at UH Hilo 6 years ago, he was shown a room of collections. In 1991 Marc Smith worked to repatriate any iwi found in the collection. In 1995, one set of iwi, a bundle burial, was found from Kau. The box said age 13, the newspaper wrapping was from 1965. There are 502 boxes now with various artifacts. 23 human bone fragments have been identified from those boxes. Mitchell says that research led him to Kawena Cave and a report which mentioned a young child. With help from kupuna, the cave was located. Kaipo Kaku Jr. told Mitchell that the boy did not come from the Kawena Cave, but from a side tube. Mitchell drafted letters of intent to repatriate to Native Hawaiian organizations. All other Native Hawaiian groups deferred comment to the Hawaii Island Burial Council. P. Mills says they hope to find descendents through notices. NAGPRA requires an inventory completion, but before that is filed, you are supposed to have completed your consultation to identify a Native Hawaiian organization that will claim the remains for repatriation. Once that is done, a notice is sent to the National Parks Service, it is reviewed, and sent back for revisions. Then the National Parks Service then sends it to the Federal Register. The Federal Register has a backlog on publications. The Nation Parks Service does not know how long it will take until it will be published in the Federal Register. After it is published we have to wait 30 days for anyone around the country to file notice. Then they will write back and say okay, you can continue with repatriation. This process can take any amount of time; the federal process can take until next fall before the remains can be repatriated. P. Mills asks if the Hawaii Island Burial Council can be identified as the native Hawaiian organization through which to conduct the repatriation process. So the question is whether to go the federal route or the State route. McDonald says that either way it falls on the Hawaii Island Burial Council, but the council is not involved in repatriation, but we are as individuals. Mitchell says that Hui Malama deferred to the Burial Council.
Hanoa says to go ahead and publish it in and she will claim it. She will take the iwi home.
P. Mills says that he has written a grant proposal to purchase a machine that can essentially fingerprint basalt so he can trace the origins of basalt artifacts from around the state.
Cultural Decendency Recognition
Markell reads the following memorandum dated December 18, 2002 from Kanai Kapeliela:
For the purpose of establishing and substantiating their cultural descent claims to unidentified ancestral native Hawaiian remains found on the aforementioned lands above the following applicants have submitted genealogical information or have had like information submitted upon their behalf to the State Historic Preservation Division for assessment:
Aaron Kahananui, George Kahananui, Francis Keana`aina, Cindy Punihaole, and Robert Punihaole.
These applicants have adequately demonstrated their descent from ancestors historically associated with the lands of Kalaoa and `O`oma. Kanai recommends, therefore, that the members of the Hawaii Island Burial Council recognize these applicants as cultural descendents.
A motion is made to accept Kana`i Kapeliela`s recommendation. (Kekipi/Hanoa)
VOTE: ALL IN FAVOR.
Hanoa ask for an update on South Point. Hanoa says there's a burial in the runway of the boat ramp. Markell is unsure if DHHL will allow the State to intervene.
County Right of Way
McDonald says that a portion of a burial was removed from an embankment. The remains are at the SHPD office.
Hanoa says the bulldozer disturbed iwi on the alaloa trail. There are other burial disturbances at Maewai. Pele Hanoa says there's iwis over there. Hanoa says this was on a Bishop Estate lease and Bishop Estate gave them the okay to inspect it.
Jeanne Knapp (Knapp) says that Hilo DOCARE has an ongoing investigation over there.
Hanoa says that DOCARE doesn't do anything.
Approval of December 19, 2002 Minutes
A motion is made to accept the HIBC meeting minutes of December 19, 2002. (Harris/McDonald)
VOTE: ALL IN FAVOR.
Geri Bell is nominated as chairperson and Ruby McDonald is nominated as vice-chair for the HIBC. (Ray/Harris)
VOTE: ALL IN FAVOR.
The meeting is adjourned at 5:25 PM.
Mary P. Perzinski