HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
65 |
TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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RESOLUTION
URGING THE UNITED STATES NAVY TO MAINTAIN ITS INITIATIVE AND RESPONSIBILITY TO CLEAR KAHO`OLAWE OF UNEXPLODED ORDNANCE BEYOND THE DATE IT IS CURRENTLY SCHEDULED TO BE TURNED OVER TO THE STATE.
WHEREAS, the island of Kaho`olawe was inhabited for over a thousand years. Hawaiians fished, farmed, and lived in coastal and interior settlement across the entire island; and
WHEREAS, called in ancient times, "Kanaloa" or "Kohemalamalama," the island was a place where kahuna and navigators were trained and played an important role in early Pacific migrations; and
WHEREAS, named for the god of the ocean and the foundations of the earth, Kaho`olawe is a sacred island that in modern times has served as the foundation for the revitalization of Hawaiian cultural practices; and
WHEREAS, in February 1953, then President Eisenhower through Executive Order 10436 took control of Kaho‘olawe Island for naval purposes and stated that when no longer needed and upon request, the island or portions thereof shall be rendered safe for human habitation at no cost to the Territory; and
WHEREAS, in October 1990, then President Bush issued a memorandum to the Secretary of Defense directing the Secretary to discontinue use of Kaho'olawe as a weapons range effective immediately; and
WHEREAS, in November 1990, the U.S. Congress established the Kaho`olawe Island Conveyance Commission to identify the terms and conditions for the return of Kaho`olawe to the State of Hawaii; and
WHEREAS, from December 1990, through July 1993, the Kaho`olawe Island Conveyance Commission conducted public hearings and cultural, environmental, and ordnance studies to develop recommendations for the future of the island; and
WHEREAS, the findings of the Kaho‘olawe Island Conveyance Commission revealed widespread public support for the return of Kaho‘olawe to the State as demonstrated through extensive public testimony, surveys, and media coverage; and
WHEREAS, the findings of the Kaho`olawe Island Conveyance Commission further confirmed what the kupuna and the `Ohana had steadfastly believed: Kaho`olawe is a significant and sacred island, a pu`uhonua and wahi pana; and
WHEREAS, Act 340, Session Laws of Hawaii 1993, established Chapter 6K, Hawaii Revised Statutes, and created the Kaho‘olawe Island Reserve and the Kaho‘olawe Island Reserve Commission to oversee the management of the Reserve; and
WHEREAS, in 1993, Congress passed Title X of the Department of Defense Appropriations Act (Public Law 103-139, U.S.C. 107 Stat. 1418), requiring the State and Department of the Navy to enter into a Memorandum of Understanding that established the standard of clearance and restoration for the island and authorized $400 million over ten years for this purpose; and
WHEREAS, in the Memorandum of Understanding between the Kaho`olawe Island Reserve Commission and the Department of the Navy, the U.S. Navy was designated as the lead agency responsible for ordnance clearance and environmental restoration on the island to the agreed upon standards until such time as it transfers control of the island to the State; and
WHEREAS, the Department of the Navy has implemented a plan to remove the unexploded ordnance, but as the November 11, 2003, turnover date draws near, it becomes more and more certain that the remaining time period will not be sufficient to return the island to the previously agreed upon standards; and
WHEREAS, since the inception of the unexploded ordnance removal program, the U.S. Navy has cleared 11,000 acres of surface ordnance, eradicated goats, and conducted soil conservation and revegetation programs are helping to restore and revive the environment of Kaho`olawe; and
WHEREAS, however, current projections by the U.S. Navy estimate less than seventy percent of the island will be suface cleared of ordnance and less than ten percent of the island will be certified as reasonably safe for intensive restoration and cultural purposes before the current turnover date; and
WHEREAS, although the U.S. Navy has not fulfilled the intent of the Memorandum of Understanding, the return of the island to the State's hands is both a symbolic and tangible gesture with regard to perpetuating and strengthening the movements of native Hawaiian identity and cultural preservation; and
WHEREAS, the Legislature recognizes that action must be taken to ensure that the U.S. Navy fulfills its obligations relating to the removal of unexploded ordnance regardless who controls access to the island; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that the Legislature urges either:
(1) The Department of the Navy to carry out its responsibility with regard to the island of Kaho`olawe by:
(a) Expediting the current ordnance removal efforts in a safe and efficient manner;
(b) Extending the term of ordnance removal beyond November 11, 2003, the effective date of transfer of access to Kaho`olawe to the State, and continuing its obligations set forth under Title X of the Department of Defense Appropriations Act of 1994 (Public Law 103-139, U.S.C. 107 Stat. 1418) until such time as the island is cleared to the standards set in the Memorandum of Understanding with the Kaho`olawe Island Reserve Commission;
(c) Securing further funding from the federal government for the purposes of carrying out the obligations set forth under Title X of the Department of Defense Appropriations Act of 1994 (Public Law 103-139, U.S.C. 107 Stat. 1418); and
(d) Strengthening its commitment to integrate the need and recommendations of the State of Hawaii towards streamlining the clearance and long term, meaningful safe use of the Kaho`olawe Island Reserve; or
(2) The United States provide to the State of Hawaii, the necessary and adequate funding and provisions for the continuance of the unexploded ordnance clearance and environmental restoration until such time that the obligations set forth under Title X of the Department of Defense Appropriations Act of 1994 (Public Law 103-139, U.S.C. 107 Stat. 1418) and the standards agreed upon in the Memorandum of Understanding with the State are achieved;
and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Kaho`olawe Island Reserve Commission, Hawaii's congressional delegation, the Secretary of the Navy, and the Commander in Chief of the U.S. Pacific Fleet.
OFFERED BY: |
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Report Title:
Kaho`olawe Ordnance Removal Extension