SR33

WHEREAS, use of Makua Valley by the United States military dates back to the 1920s; and

WHEREAS, during World War II, more than four thousand acres in the Makua Valley were converted into a United States military reservation and areas of Makua Valley were turned into live-fire training facilities subject to ship-to-shore bombardment; and

WHEREAS, kuleana residents and other residents were required to leave Makua Valley following the United States military taking over the area; and

WHEREAS, in 1964, the Board of Land and Natural Resources signed a sixty-five year lease with the United States Army for use of the Makua Valley land; and

WHEREAS, the United States military continued live-fire training at Makua Military Reservation until 2001, when the United States Army agreed to nearly cease live-fire training at Makua pending a comprehensive Environmental Impact Statement; and

WHEREAS, according to the findings of fact from a judge of the United States District Court for the District of Hawaii that temporarily enjoined the Army from conducting live-fire military training at Makua in 2001:

(1) There are at least thirty-two listed endangered plants, two endangered birds, one endangered mammal, and one endangered invertebrate snail located in the Makua Military Reservation area;

(2) There are records of ten plant species recognized as species of concern, five plant candidate species recognized for threatened or endangered species status, and one animal species of concern in the Makua Military Reservation area; and

(3) Makua Valley is associated with a number of Native Hawaiian legends and traditional Native Hawaiian deities, and has significant religious and social value to many Native Hawaiians; and

WHEREAS, the Makua Military Reservation contains approximately one hundred sites that are eligible for listing on the National Register of Historic Places, including Hawaiian temples, shrines, and petroglyphs; and

WHEREAS, the United States Army agreed to clear unexploded ordnances, with a focus on providing access to cultural sites in Makua; and

WHEREAS, access to cultural sites was halted in 2015 after two grass-cutting contractors were injured when an unexploded ordnance was accidentally exploded, resulting in a lawsuit against the United States Army to renew access to cultural sites; and

WHEREAS, General Lease No. S-3848, the State's sixty‑five year lease to the United States Army for its use of Makua Valley, expires on August 16, 2029; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Department of Land and Natural Resources is urged to establish a task force to prepare a feasibility plan for the transition of the management of the Makua Military Reservation to the State from the United States Army upon the expiration of General Lease No. S-3848 expires; and

BE IT FURTHER RESOLVED that the task force is requested to be comprised of the Chairperson of the Board of Land and Natural Resources and a member of the Board of Trustees of the Office of Hawaiian Affairs, or the Board's designee; and

BE IT FURTHER RESOLVED that the Chairperson of the Board of Land and Natural Resources is requested to invite the following persons to be members of the task force:

(1) A representative of the Legislature;

(2) The Commanding General of the United States Army Pacific, or the Commanding General's designee, to serve as a military representative;

(3) A representative of families who were evicted from the Makua Valley Reserve or whose lands in the Makua Valley Reserve were condemned by the federal government;

(4) A representative of the Aha Moku Advisory Committee;

(5) Three representatives, each representing a different non-profit organization, having expertise on Makua Valley; and

(6) A representative selected from a list provided by Native Hawaiian organizations; and

BE IT FURTHER RESOLVED that the task force is requested to elect a chairperson from amongst its members; and

BE IT FURTHER RESOLVED that in preparing the feasibility plan for the transition of the management of the Makua Military Reservation from the United States Army, the task force is requested to enter into discussions with the United States Army to:

(1) Facilitate the expedient return of the valley reserve upon the expiration of the United States Army's lease;

(2) Ensure the clean-up of any unexploded ordnance; and

(3) Ensure the expansion of opportunities for cultural access; and

BE IT FURTHER RESOLVED that the task force is requested to include in the feasibility plan recommendations and policies that focus on the goal of transferring the lands currently held by the United States Army under General Lease No. S-3848 to the State, including:

(1) Holding the lands in trust as part of the public land trust; and

(2) Transferring management and control of the lands to the sovereign Native Hawaiian entity upon its recognition by the United States and the State; and

BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including the feasibility plan and any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the United States Secretary of the Army, Commanding General of the United States Army Pacific, Chairperson of the Board of Land and Natural Resources, Chairperson of the Office of Hawaiian Affairs Board of Trustees, and Chairperson of the Aha Moku Advisory Committee.

	OFFERED BY:	_____________________________

Report Title:

Makua Military Reservation; Task Force; Management Transition

THE SENATE	S.R. NO.	33
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII