Some have recently questioned the legality and appropriateness of conducting subsurface burial testing after selection of the rail route.

First, the selection of the route was based on several factors including an assessment of the location of historic resources.

Some of the other routes had a greater likelihood of encountering burials.

Second, after consultation with many government and non-government interested parties, the Federal Transit Authority, the city and the state Historic Preservation Division entered to a "programmatic agreement" that adopted a phased approach.

The phased approach, which is allowed under federal and state law, provides that subsurface testing will be conducted only in the area where project construction will result in ground disturbance.

This approach significantly limits the area disturbed for archaeological investigations and construction.

Once archaeological fieldwork is completed, the final design engineering work will be completed so that rail columns and stations can be moved to avoid or minimize adverse effects on burials.

A less-sensitive approach would be to conduct widespread subsurface testing throughout downtown Honolulu and then select the route.

However, this type of plan would increase construction costs, delay the project and put federal funding at risk.

Those who complain that the selected route runs through "Burial Central" fail to consider that the project needs to deliver passengers to and from downtown, and that downtown is already heavily developed and will continue to be heavily developed in an attempt to control urban sprawl.

If the phased approach was unreasonable, state Land and Natural Resources Director William Aila would not have executed the programmatic agreement on behalf of the state Historic Preservation Division.

Aila is the past president of Hui Malama i Na Kupuna O Hawaii Nei, and he would not compromise Native Hawaiian burial rights.

In fact, the programmatic agreement provides that the Historic Preservation Division and the Oahu Island Burial Council will be involved in the planning, consultation and treatment phases, including determining whether preservation in place or relocation is warranted.

Finally, the Federal Transit Authority found that a disproportionately large number of lower-income and minority groups, including Native Hawaiians, reside in central and Leeward Oahu, and that the project will reduce the negative environmental, social and economic impacts that they suffer under the current transportation system.