A leading archaeologist said yesterday that precious Island heritage could be lost in a proposed agreement to divide the 1,875-acre Waimea Valley between the city and New York investor Christian Wolffer.

"The majority of the valley is unsurveyed archaeologically," said Joseph Kennedy, who published an article in the October issue of Natural History magazine about Waimea Valley titled "Kahuna Chronicles."

"So, No. 1, because it hasn't been looked at, you don't know what you're giving away. And, coincidentally, the unknown part is the part that the city is going to relinquish."

Kennedy, whose article traces the history of the valley to around A.D. 1100, recently conducted an assessment of Waimea Valley for the Audubon Society paid for by the Office of Hawaiian Affairs. He described the natural, historic and cultural value of Waimea as "unending and heretofore largely untouched."

"That's the killer combo," said Kennedy. "Not only is it there, but it hasn't been messed with.

"It would be educational for the public to understand that for 40 generations Waimea Valley was in the hands of the Hawaiian religious elite (the kahuna nui)."

Even as Kennedy expressed his concerns, people anxious to prevent development in the relatively unspoiled valley were voicing frustrations about how to proceed, since the details of the proposed agreement remain a legal secret.

Scott Foster, with Stewards of Waimea Valley, a group that has long fought to preserve the valley, said his organization intends to keep a vigil until it figures out a game plan.

"I mean, this is Waimea!" he said. "It almost makes you stutter to think of folks pulling their Rolls-Royces up to their gated homes in there."

TERMS CONFIDENTIAL

On Monday, the City Council gave preliminary approval to a confidential settlement that would give ownership of 300 acres of the lower valley to the city and the remainder — 1,575 acres — to Attractions Hawai'i, which is owned by Wolffer.

An assistant for attorney Bill McCorriston, who represents Wolffer and Attractions Hawai'i, said McCorriston would not be available for comment until he returns to Hawai'i next week.

While details weren't available, some believe that the settlement may include the potential to build homes or some kind of eco-tourism element in the valley.

Councilman Charles Djou, one of the five members who voted in favor of the settlement, said the decision was the most financially responsible action to take. He said that considering the recent spike in land values, the courts could conclude Waimea Valley is worth as much as $35 million — more than the city can afford.

VALUE DISPUTED

Others argue such a value is inflated, considering that the land is zoned conservation and that Waimea is an example of something so important it transcends monetary considerations.

A final vote is scheduled for Dec. 7.

Wolffer became principal owner of the valley in 1996, saying he intended to leave it the way it was. Four years later, when he tried to sell the property as a private residence, environmental and cultural groups were outraged.

In 2001, Wolffer placed the property under bankruptcy protection. In an effort that was applauded by the North Shore community, the city tried to take control of the property by initiating condemnation procedures and placing $5.1 million in escrow to buy the valley.

At the time, the city cited the valley's status as a treasured resource to save it from the possibility of private ownership.

Wolffer said that he wanted $19 million and sued.

After a controversy over the management of the valley as an entertainment attraction, the city turned it over to the Audubon Society in June 2003 to manage as one of its national Audubon Centers.

Monday's action came as a shock to Audubon.

"We were very disappointed by the vote," said Hazel Shaw, marketing and communication director for Waimea Valley Audubon Center. "And we're anxious to learn the details of the committee report."

She said the center is committed to protecting the natural and cultural resources in the valley and is doing everything possible "to get the vote reversed at the Dec. 7 meeting."

David Orr, Audubon's botanical program coordinator in the valley, could not restrain his feelings.

"I just can't believe they caved," said Orr, who emphasized that he was speaking for himself and not for Audubon.

"If Mr. Wolffer is allowed to even build one house in the back of this valley, that suddenly puts this whole place in the slippery slope towards development."

NEIGHBORHOOD BOARD

Roberts "Bob" Leinau, North Shore Neighborhood Board member, said "neighborhood boards can't weigh in on any legal matters." He said that although practically the entire community favors leaving the valley the way it is, the board is prevented from expressing an opinion.

Since the board can't take a stand, and the legal matter was conducted behind closed doors, no one knows what action to take, said Leinau.

In his article, Kennedy wrote that for centuries "Waimea Valley and its sacred precincts stood as one of Hawai'i's principal cathedrals."

The article said that "by 1795 Kamehameha the Great ... recognized the importance of Waimea Valley and awarded it to his top spiritual adviser, Hewahewa."

Shane Phillips of 'Aiea, who is a descendant of Hewahewa, said yesterday he's saddened by thoughts of what may happen.

"It's going to change the whole valley if they put houses in there because it is so sacred," he said. "There would be a lot of my ancestors turning in their graves."

Reach Will Hoover at whoover@honoluluadvertiser.com.