OHA and the Army have reached an agreement to resolve OHA's lawsuit over the $1.5 billion preparations to base the 8-wheeled, 19-ton Stryker assault vehicle in Hawai'i. - Photo: Courtesy of Tech. Sgt. Mike Buytas, U.S. Air Force

OHA Stryker lawsuit settled

By KWO Staff

The Office of Hawaiian Affairs will be able to survey for cultural sites on Stryker Brigade Combat Team training areas as part of an agreement reached with the Army to resolve OHA's 2006 federal lawsuit.

OHA's suit, filed on Nov. 14, 2006, alleged that the Army violated the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act by failing to comply with a 2004 Programmatic Agreement between the Army, the State Historic Preservation Office and the Advisory Council on Historic Preservation stemming from the Army's Stryker transformation activities in Līhu'e (the traditional name for the Schofield Barracks region) and other parts of Hawai'i.

The lawsuit came about after cultural monitors who were working under the Programmatic Agreement assisted in the discovery of numerous culturally and historically significant sites and burial grounds in the area that were overlooked by the military's archaeologists. Among the instances of reported cultural resource impacts were substantial damage to Hale'au'au heiau by bulldozers; displacement and damage of ki'i pōhaku (petroglyphs); the filling of a stream bed known to contain Native Hawaiian cultural sites; and the building of a road over burial grounds.

The $1.5 billion plan to base about 300 of the 8-wheeled, 19-ton Stryker assault vehicles in Hawai'i involves extensive redevelopment of existing training areas.

The agreement to resolve the lawsuit will allow OHA representatives, together with a neutral archaeologist and accompanied by Army representatives, to survey Army training areas at Līhu'e and Kahuku on O'ahu and Pōhakuloa on Hawai'i Island.

Through these and past surveys, OHA and Army representatives ensure the appropriate identification and treatment of cultural and historic resources in these locations.

“This agreement will afford OHA the opportunity to have a first-hand look at important cultural resources that would not otherwise be accessible to the general public, and to determine whether they were fully addressed in the Army's prior surveys of areas affected by Stryker activities,” said OHA Chairperson Haunani Apoliona.

Also as part of the agreement, both parties have agreed to negotiate potential revisions to the 2004 Programmatic Agreement, which detailed processes to ensure compliance with Section 106 of the National Historic Preservation Act with regard to the identification, evaluation, treatment and management of historic properties.

“We believe this agreement will build upon our existing robust programs to identify and care for these cultural and historical resources, while balancing the need for soldier training which is so vital to ensuring that America's sons and daughters in our military are prepared for combat,” said Col. Matthew T. Margotta, commander, U.S. Army Garrison, Hawai'i.