Native Hawaiian, environmental groups raise concerns over federal permitting bill

HONOLULU (HawaiiNewsNow) - Native Hawaiian and environmental groups are pushing back against a federal permitting reform bill that supporters say would speed up energy and infrastructure projects and help lower costs.

Opponents say the Bipartisan American Affordability and Jobs Act would weaken longstanding environmental and cultural protections. The measure advanced in a bipartisan procedural vote in the U.S. Senate on Monday.

The bill, S. 5653, would change the federal permitting process for a wide range of projects. Supporters say it would help address electricity costs and hold data center developers accountable.

Concerns over environmental and cultural protections

Makalika Naholowaʻa, executive director of the Native Hawaiian Legal Corporation, said the bill would change protections developed over generations, including the National Environmental Policy Act, the National Historic Preservation Act, and the Clean Water Act.

“It’s very clear that they are rewriting generations of environmental protection and cultural preservation laws that have been developed in this country,” Naholowaʻa said.

The Office of Hawaiian Affairs and the Department of Hawaiian Home Lands wrote letters opposing the bill.

Naholowaʻa said the bill creates uncertainty about opportunities for input on federally funded rebuilding in Lāhainā. She also said consultation by the National Science Foundation would not be required regarding the future of the Thirty Meter Telescope on Maunakea.

“You really are in some instances eliminating Native Hawaiian voices,” Naholowaʻa said.

Pelika Andrade, executive director of Na Maka Onaona and on the Papahānaumokuākea Native Hawaiian Cultural Working Group, said she’s most worried about long-term impacts.

“It’ll affect generations to come just simply by removing that layer of safety of due process,” Andrade said.

Hawaiʻi senators differ

U.S. Sen. Brian Schatz, D-Hawaii, said the bill is not perfect but called it “a rare opportunity to pass strong, bipartisan legislation that will help lower costs and make it easier for American workers to build the things our country needs.”

Schatz said lawmakers heard from Native leaders and advocates and secured changes to improve the bill’s historic preservation provisions and ensure federal agencies consult with Native Hawaiian organizations, tribes and others about historic and cultural resources. He acknowledged that the changes would not be enough for everyone to support the measure.

U.S. Sen. Mazie Hirono, D-Hawaii, said she does not support the bill in its current form.

“This bill does not stop the Trump regime from stacking the deck for fossil energy at the expense of renewable energy development,” she said.

Senators say the bill is expected to be up for a final vote in the Senate sometime next week.