Conflict over ancestral remains poses problems for Hawaii septic tank owners

Installation of a wastewater sewer system at a coastal site in Hanalei on Kauai has been stopped so the state can investigate the handling of ancestral remains found there.

The Hawaii Department of Health said in a statement that it imposed a stop-work order on Wednesday at the Oneon Road site after discussions with the state Division of Historic Preservation.

The stop work order will remain in effect while SHPD completes its investigation, the Department of Health said.

Members of the Native Hawaiian community have protested the site in recent weeks over concerns about the disruption of iwi kupuna during the conversion of four pit latrines.

The order comes less than a week after police arrested three people for trespassing after a group occupied the area for several days.

Megan Wong, part of a group that says they are descendants of those whose remains were found, said “the order to stop work at the Naue burial ground of our iwi kupuna is a relief. But the work is far from finished.”

Bernie Bays, an attorney for owners Chris and Jennifer Arreguin, said Department of Health Stop Work Order was controversial because the owners were already following a disposal plan developed by SHPD in early October.

This plan was created because the owners reported the presence of iwi kupuna during septic system work to SHPD, who recommended that the remains be left in place. According to him, the owners complied with this order.

But Makalika Naholova, executive director of the Native Hawaiian Legal Corp., said the ban is necessary because there is a question about whether work at the site was carried out in accordance with burial law, and that litigation is possible if it was not.

Naholovaa said there was no doubt that desecration had occurred as the iwi had already been exposed and the law corporation would be monitoring SHPD for signs of any illegal activity.

The conflicts in Hanalei are emblematic of the challenges many property owners will face under the state’s mandate to convert all cesspools on their properties by 2050, said Kauai Councilwoman Felicia Cowden.

Cowden said the discovery of iwi kupuna was becoming more common. Often, buyers are unaware of the possibility of encountering ancestral remains when they purchase coastal land or begin redevelopment. “The guy bought into a sensitive topic and wasn’t told what was going on,” she said.

Trust in agencies

Sand dunes are one of the traditional burial sites of the Native Hawaiians. repatriation from foreign institutions was long-standing cultural problem for the native Hawaiian community.

Exposure of iwi kupuna due to erosion, rain or excavation is common. Reporting new findings to police and SHPD is mandatory.

The Arreguins bought three properties right on Hanalei Bay in December 2021 for $5.85 million. They rented out four cottages on a property called Hale Makai Cottages.

Chris Arreguin said when he and his family first considered moving to Kauai from the mainland, they didn’t know how common iwi kupuna were found in coastal areas.

Arreguin said that once they received permits to renovate the buildings on the property, they discovered they also needed to replace the cesspools.

Kauai still has about 14,300 septic tanks, with Ha’ena and Hanalei among the highest priorities for conversion, according to University of Hawaii Sump Prioritization Tool.

Arreguin said they knew the septic tanks were being installed in an environmentally sensitive area and wanted to do everything possible.

He said they first encountered iwi kupuna in June and reported it to SHPD, who developed a burial management plan for them to follow. He also hired an archaeological observer for the site.

Arreguin said his family trusts the leadership of government agencies like SHPD to help sensitively manage iwi kupuna, and that he believes they have met all requirements.

Arrequin hoped that “a peaceful conversation in which everyone feels heard” would help de-escalate the situation.

Kauai Mayor Derek Kawakami visited the site Thursday and said, “As we continue the state’s cesspool conversion program, we know iwi disruption will continue to be a concern. There is clearly room for us as a government to improve the permitting process and help find ways in which we can do the right thing for the environment and our host culture.”

Wong and others who protested at the site are also calling on SHPD to do more to protect ancestral remains.

Wong said community members felt forced to take action in Hanalei because the Kauai Burial Council — the agency charged with identifying, preserving or relocating iwi kupuna — has not met since November 2022.

For years, many of the island’s burial boards have remained largely dormant because positions are unfilled or they can’t meet a quorum. She said the current council would anticipate the likely presence of iwi kupuna, particularly in areas where they are likely to occur.

State Representative Luke Evslin agrees there is a problem with burial boards, saying SHPD is “understaffed and under-resourced.” Evslin, Cowden and Wong agree that SHPD could do a better job of working with community members and descendants likely to be affected by the opening of iwi kupuna.

But that would clearly be an exaggeration given SHPD’s current mission, Evslin said. He believes the agency’s responsibilities should be much narrower to focus on tasks such as managing the inevitable increase in the risk of iwi kupuna infestation over the next two decades.

A Department of Land and Natural Resources spokesperson said SHPD is “actively working with stakeholders to resolve concerns and determine the best way to treat iwi.”

Office of Hawaiian Affairs released a statement on Thursday thanking the health department and SHPD for enforcing the shutdown, but also pointing out the challenges ahead.

“The cesspool mandate has created a cultural crisis and economic injustice by ignoring the financial realities faced by less affluent communities, including our Native Hawaiian communities, especially in rural areas,” OHA CEO Stacy Kealohalani Ferreira said in an email. .

Despite the need to balance environmental concerns, “ancestral remains cannot be needlessly neglected,” she said.

Civil Beat’s coverage of Native Hawaiian issues and initiatives is supported by a grant from the Abigail Kawananakoa Foundation.