Uncle Ku Ching

Pohakuloa Resolution at the Assoc. of Hawaiian Civic Clubs Convention!

 

ASSOCIATION OF HAWAIIAN CIVIC CLUBS 

 

Resolution No. 15-6 - Submitted by Ka Lei Maile Ali'i Hawaiian Civic Club,

Defended in Committee by Clarence Ku Ching

 

REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES DISAPPROVE THE EXTENSION OF STATE GENERAL LEASE NO. S-3849 TO THE UNITED STATES ARMY FOR POHAKULOA TRAINING AREA UNTIL SUCH TIME THAT FULL COMPLIANCE WITH THE TERMS OF THE ORIGINAL CONTRACT IS PROVEN

 

WHEREAS, in 1964 the State of Hawai'i Department of Land and Natural Resources entered into a 65-year lease (State General Lease No. S-3849) with the United States of America to use land at Pohakuloa for military purposes; and 

WHEREAS, the United States is attempting to extend State General Lease No. S-3849 for Pohakuloa Training Area beyond its 2029 expiration date; and

WHEREAS, through lease S- 3849, the United States Army is contracted to remediate environmental damage at Pohakuloa Training Area and restore the land to its prior state, including cultural sites and artifacts; and 

WHEREAS, historically the United States Army has consistently denied or purposefully lied about the use and presence of depleted uranium in Pohakuloa Training Area, Makua Valley, Schofield Barracks, and Kaho'olawe until it was absolutely impossible to deny its use and presence; and 

WHEREAS, the United States Army has applied for a license from the Nuclear Regulatory Commission to possess Davy Crockett M101 spotting round depleted uranium n ranges a Pohakuloa Training Area; and 

WHEREAS, the United States Army has not observed native tenant rights, traditional and customary use, nor preserved archeological (sic) features; and 

WHEREAS, the United States Army has not observed public access rights as mandated by the Highways Act of 1892; and 

Whereas, the Department of Land and Natural Resources does not collect rent at fair market value, of which Native Hawaiians are entitled to a pro rata share; and 

WHEREAS, the United States Army has not compensated taxpayers for the use of Hawai'i public lands; and

WHEREAS, the Department of Land and Natural Resources is obligated to ensure compliance with all terms of lease S-3849; and

WHEREAS, since lease S-3849 was granted in 1964, no government records have been released demonstrating that the Department of Land and Natural Resources sought verification of United States Army compliance with the lease terms; and 

WHEREAS, as the result of a public lawsuit, the Department of Land and Natural Resources conducted an inspection in December 2014, documenting the United States Army's noncompliance and environmental damage at Pohakuloa Training Area; and 

WHEREAS, the Department of Land and Natural Resources should have a plan to move forward in good faith with monitoring and enforcement of the United States' contractual obligations; and 

WHEREAS, Department of Land and Natural Resources has monitored the site twice over the past 52 years with negligible substantive findings; and 

WHEREAS, despite the lack of plans for monitoring and enforcement of remediation, the Department f Land and Natural Resources is recommending an extension and expansion of lease S-3849; and

WHEREAS, the Department of Land and Natural Resources is responsible for the management and protection of public lands and the safety of citizens; and 

Whereas, the army's current use of the Pohakuloa training area is contrary to native Hawaiian standards of land use and care; and 

Whereas, the Department of Land and Natural Resources as both lessor and trustee s responsible to hold the lessee to the lease terms and the greatest public good; and 

WHEREAS, the Department of Land and Natural Resources is in dereliction if (sic) its duty to protect and preserve public lands, safety, preserve cultural and historic resources held in public trust for current and future generations of Hawai'i nei.

NOW, THEREFORE, BE IT RESOLVED, by the Association of Hawaiian Civic Clubs at its 56th annual convention at Lahaina, Maui this 14th day of November 2015, that it requests the Department of Land and Natural Resources disapprove the extension of State General Lease No. S-3849 to the United States Army for Pohakuloa Training Area until such time that full compliance with the terms of the original contract is proven; and 

BE IT FURTHER RESOLVED, the Department of Land and Natural Resources be compelled to fulfill its public trust duty to ensure that the United States is in compliance with the original lease contract; and 

BE IT FURTHER RESOLVED, the United States Army be compelled to clean, remediate and render safe the entire area involved in contract S-3849 as previously agreed, including decontamination and removal of all chemical and radioactive waste and debris, preservation of all archaeological sites, observation of traditional and customary use and native tenant rights, and public access as per the Highways Act of 1892; and 

BE IT FURTHER RESOLVED, the United States Army be compelled to rescind its application to the Nuclear Regulatory Agency for possession of Davy Crockett M101 spotting round depleted uranium for use at Pohakuloa Training Area; and 

BE IT FURTHER RESOLVED, the United States Army guarantee that no more toxic, radioactive or other hazardous substances be deployed in the 'aina at Pohakuloa; and 

BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to the Governor of Hawai'i, State Senate President, State Speaker of the House, State Senate Committee on Hawaiian Affairs, State House Committee on Ocean, Marine Resources, & Hawaiian Affairs, Office of Hawaiian Affairs Chair of the Board of Trustees, all County Mayors, Office of Hawaiian Affairs CEO, Chairperson the Department of Land and Natural Resources, and Garrison Commander of the United States Army Garrison-Hawai'i.

INTRODUCED BY: KA LEI MAILE ALII HAWAIIAN CIVIC CLUB
REFERRAL: Benefits and Trust
ACTION: Adopted