Efforts by state lawmakers this week failed to save a Ha'iku Valley bill that called for establishing a preserve there, but some residents are still hopeful since the governor said she would work with the community to protect the cultural significance and natural beauty of the valley.

The Senate overrode the governor's veto of HB 2704 with a 19-3 vote with three excused, but the House did not. As a result, the veto stands.

Ha'iku Valley is known for its cultural sites and historical significance both to Hawaiians and the United States with its heiau, taro lo'i, burial sites, endangered plants, a once secret Naval Radio Station and later the Omega Station.

Many private homes are in the lower portions of the valley, but the bill would only affect land farther in, including where the old Omega Station operated.

Supporters of the bill wanted to create a cultural preserve that would preserve and restore the cultural and historical aspects of the upper valley, making it accessible to the public and providing educational opportunities for everyone.

They are especially concerned that since the Navy gave the land back to the state, no one is allowed in the upper reaches of the valley for pleasure or cultural practices. Now, the buildings there are trashed, and some trespassers are destroying native plants.

In a veto message about the bill, Gov. Linda Lingle said while she supports the cultural preservation of the valley, the bill is objectionable.

It calls for the purchase of preservation land, but has no funding provisions, Lingle said, adding that most of the land is privately held and the Department of Hawaiian Home Lands owns the rest.

Because mauka lands are already classified as conservation, it is unclear why the state needs to own it, she said.

Laws in place control what can be done on the land, including fines and penalties against those who improperly use or trespass on these lands, Lingle said. The fines in the bill appear to be unduly punitive, she said.

Lingle said her administration can address issues concerning the preservation of the area.

"I have already asked my departments of Hawaiian Home Lands, Land and Natural Resources, and Transportation to work with community members and federal officials to develop a long-term approach that avoids the need for legislation and ensures access for all, while preserving the beauty and cultural significance of the valley," Lingle said.

FACTS CHALLENGED

Last week 11 community leaders from various organizations met with Linda Smith, Lingle's policy adviser, and Micah Kane, director for Hawaiian Home Lands, which controls two-thirds of the valley.

Mahealani Cypher, president of the Ko'olaupoko Hawaiian Civic Club, said some of Lingle's facts are wrong, including that land in the valley, where the preserve would be established, is privately owned. DHHL owns two-thirds of the land, about one-third belongs to the Board of Water Supply, and a sliver along the north side that is not usable is owned by Kamehameha Schools, she said.

"The message continues to maintain that current conservation laws adequately protect the historic and cultural areas, which, as we all know, is a fallacy," said Cypher, who is also known as Denise De Costa.

But Cypher said she sees a positive note in the message.

"We're happy that the governor is willing to continue working with the community," she said. "(The governor) has instructed her staff to do so. That's all we want, is to be involved."

Other community leaders have pledged to continue efforts to pursue the establishment of a cultural preserve in Ha'iku Valley, said Roy Yanagihara, chairman of the Kane'ohe Neighborhood Board.

"We are disappointed but not surprised at the governor's veto of our bill," Yanagihara said in a statement. "We are glad to see that the governor is willing to work with our community to protect and recognize the cultural and natural value of Ha'iku Valley."

The community worked together to revise and lobby for the bill, he said.

Kupuna whose families have lived in Ha'iku Valley for more than 100 years said they are determined to work with the state to preserve the area.

"While we understand (the governor) had concerns, we think (she) realizes now how wonderful our community is and how much we are offering to help make this a place that all of us can malama and enjoy," said Alice Hewett, a longtime community volunteer.

The Kane'ohe groups said they look forward to working with the state to gain access to the valley so volunteers can clean and monitor the area to prevent further vandalism of historic buildings there.