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HomeMy WebLinkAboutCOM 0377.002 2024-2026REBECCA VILLEGAS Council Member District 7, Central Kona DATE: TO: FROM: SUBJECT: HAWAPI COUNTY COUNCIL West Hawaii Civic Center, Bldg. A 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawai'i 96740 August 18, 2025 Holeka Goro Inaba, Council Chair; and Members of the Hawaii Council Rebecca Villegas AM�.. Council Member, District 7 PHONE: (808) 323-4267 FAX: (808) 323-4786 EMAIL: Rebecca.villegas@hawaiicounty.gov r� Supporting Material Related to Resolution No. 234 for tomorrow's Policy Committee on Environmental and Natural Resource Management Attached for Council members' review is relevant to discussion on Resolution 234. Please distribute the attachments to the Council members. Thank you for your attention to this matter. RV/ca Att C) Q t-) cCD C3'� +1Ci ir— Hawai `i County is an Equal Opportunity Provider and Employe�.Zof• To: Ref. Dote _ G 9 2025 Consultation with Native Hawaiian Organizations in the Section 106 Review Process: A Handbook January 01, 2020 Synopsis The ACHP offers this as a reference for Native Hawaiian organizations, State Historic Preservation Office (SHPO) staff, and federal agency staff with responsibility for compliance with Section 106. In 2008, the ACHP adopted the ACHP Policy Statement on the ACHP's Interaction with Native Hawaiian Organizations. The policy is intended to set "forth actions the ACHP will take to oversee the implementation of its responsibilities under the NHPA with respect to the role afforded to Native Hawaiian organizations in the NHPA." Consultation with Native Hawaiian Organizations in the Section 106 Review Process: A Handbook Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. Section 470f, requires federal agencies to take into account the effects of their undertakings on historic properties and provide the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment on those undertakings. The ACHP has issued the regulations implementing Section 106 (Section 106 regulations), 36 CFR Part 800, "Protection of Historic Properties." The NHPA requires that, in carrying out the requirements of Section 106, each federal agency must consult with any Native Hawaiian organization that attaches religious and cultural significance to historic properties that may be affected by the agency's undertakings. Topics Consultation with Native Hawaiian organizations Consultation with Indian tribes and Native Hawaiian organizations Download Link ConsultationwithNHOshandbookupdate29Jan2020final.pdf (465.62 KB) WIKIPED1A ,Z/o The Free Encyclopedia Desecration Desecration is the act of depriving something of its sacred character, or the disrespectful, contemptuous, or destructive treatment of that which is held to be sacred or holy by a group or individual. Overview Many consider acts of desecration to be sacrilegious acts. This can include desecration of sacred books, sacred places or sacred objects. Desecration generally may be considered from the perspective of a particular religion or spiritual activity. Desecration may be applied to natural systems or components, particularly if those systems are part of naturalistic spiritual religion. To respectfully remove the sacred character of a place or an object is deconsecration, and is distinct from desecration. Some religions, such as the Roman Catholic Church have specific rules as to what constitutes desecration and what should be done in these circumstances.['] Examples Bosnia and Herzegovina The ethnic cleansingcamp that took place throughout areas controlled by the Army of the Republika Srpska (VRS) targeted Bosnian Muslims,[and included the destruction of Muslim 2][3] places of worship. Christianization of the Roman Empire Examples of the destruction of pagan temples in the late fourth century, as recorded in surviving texts, describe Martin of Tours' attacks on holy sites in Gaul, the destruction of temples in Syria by Marcellus,M the destruction of temples and images in, and surrounding, Carthage,?] the Patriarch Theophilus who seized and destroyed pagan temples in Alexandria, the levelling of all the temples in Gaza and the wider destruction of holy sites that spread rapidly throughout Egypt.17, This is supplemented in abundance by archaeological evidence in the northern provinces exposing broken and burnt out buildings and hastily buried objects of piety. The leader of the Egyptian monks who participated in the sack of temples replied to the victims who demanded back their sacred icons: I peacefully removed your gods ... there is no such thing as robbery for those who truly possess Christ.?] At the turn of the century St Augustine gave a sermon to his congregation in Carthage on removing all tangible symbols of paganism: M Am I saying "Stop wanting what you want"? On the contrary, we must be thankful that you want what God wants. That every superstition of the pagans and the Gentiles should be abolished is what God wants, God has ordered, God has foretold, God has begun to bring about, and in many parts of the world has already in great measure achieved. In the year 407 a decree was issued to the west from Rome: If any images stand even now in the temples and shrines...., they shall be torn from their foundations... The temples situated in cities or towns shall be taken for public use. Altars shall be destroyed in all places. 171 Sacred sites were now appropriated by Christianity: "Let altars be built and relics be placed there" wrote Poke Gregory I, "so that [the pagans] have to change from the worship of the daemones to that of the true God."[o] In Judaism In Judaism, the "Desecration of God's Name" meaning the desecration of any aspect of Judaism and its beliefs and practices as commanded in the Torah and Jewish Law and hence of God, is known as Chillul Hashem from the Hebrew meaning "[the] Desecration [of] the Name [of] God". In some instances to avoid Chillul Hashem Judaism would require that its adherents die as martyrs. The opposite or converse of Chillul Hashem in Judaism is Kiddush Hashem meaning "Sanctification [of] the Name of God". In Sikhism Desecration is taken harshly by Sikhs. It is called beadbi by them. In October 2021, a Nihang Singh killed a man for beadbi of the Sarbloh Granth.LW In December, a man was beaten to death at the Golden Temple for committing desecration. Such punishments are justified with orthodox Sikhs, saying "instant justice" is deserving for beadbi which is the "ultimate act of crime".M Kosovo Numerous Albanian cultural sites in Kosovo were destroyed during the Kosovo conflict (1998-1999) which constituted a war crime violating the Hague and Geneva Conventions.[ In all 225 out of boo mosques in Kosovo were damaged, vandalised, or destroyed alongside other Islamic architecture [i51[i5] Kosovo with records Islamic Community of during the conflict. Archives belonging to the®® spanning 500 years were also destroyed.[ During the war, Islamic architectural heritage posed for Yugoslav Serb paramilitary and military forces as Albanian patrimony with destruction of non - Serbian architectural heritage being a methodical and planned component of ethnic cleansing in Kosovo.L9]�20 Revenge attacks against Serbian religious sites commenced following the conflict and the return of hundreds of thousands of Kosovo Albanian refugees to their homes. During violent unrest in 2004, more than 35 Serbian Orthodox church buildings were desecrated, damaged or destroyed.[22�[2��[2 Red Terror in Spain The Red Terror in Spain during the Spanish Civil War involved massive desecration of churches, synagogues and other sacred objects and places by leftists. On the night of 19 July 1936 alone, 50 churches were burned.L4gj In Barcelona, out of the 58 churches, only the Cathedral was spared, and similar events occurred almost everywhere in Republican Spain.1�9i All the Catholic churches in the Republican zone were closed, but the attacks were not limited to Catholic churches, as synagogues were also pillaged and closed, but some small Protestant churches were spared. See also °°IExec;u.atlicalrn" of the Sac;lred If Ileart Iksy 1(, f'd:liSf. irnilhitiairnein at Cerro de Ilc:as Aiweles ineaar Madrid, o i n 7 August 1f 36, was the most flair na:ausm of the lide,s>Iplreaamf d(..,,seciraf.loiru of lilr'rng' ges aind hu.ardlhs , `f , Ming Alfaalrn c) ;tllllll had coinsecirra�.e(j flh e rn flloi n to the Sac;re::d Il....lea'alrt of Jesus at t'n spot c:alrn 30 I Ray 'f t 9J 'rhe plhotogiralp1h waas., takein Itny sa Paramount i na wsireel repiress(.,,i ntaative aaran:'t oiriieflilnaalllly Ipualbllisall"ed lira the Il.....calractc:alra Da':allyI' ail wiflh as c:,aalptlicslru crealllllirag lit Ipaalrt of the ",f-.=paalyds:lh If: edsn" aar on Irellliglicalra."°I," 5. "Life of St. Martin" htt s://web.archive.or /web/20060909225230/htt ://www.users.csbs'u.edu/—ek � p 9 p 1 nuth/n nf2-11/sul itiu/lifeofst.html#14 . Archived from the original htt ://www.users.csbs'u.edu/�e P P )� P I knuth/npnf2-11/sulpitiu/lifeofst.html 14) on 2006-09-09. Retrieved 2009-06-06. 6. Edward Gibbon, "The Decline and Fall of the Roman Empire", ch28 7. R. MacMullen, "Christianizing The Roman Empire A.D. 100-400, Yale University Press, 1984, ISBN 0-300-03642-6 8. "Theophilus", Catholic Encyclopedia, 1912, New Advent Web Site. Anthropology 499 Independent Study Essay Facilitating a Community Response to Depleted Uranium in Hawaii Alice Neikirk Keywords: Munitions Testing, Depleted Uranium, Risk Perception, Community Empowerment Introduction: In 2007, after years of denial, the United States Army confirmed the presence of depleted uranium at the Pohakuloa Training Center on the island of Hawai'i in the Hawaiian Archipelago. The Davey Crockett Missile was tested using ammunition containing depleted uranium from 1961 until 1968, potentially causing long term radioactive environmental contamination. Depleted uranium poses a two -fold risk to public health; it has the chemical properties of a heavy metal while simultaneously exhibiting radioactive behavior. Once depleted uranium has been exploded, the small particles disperse, remaining in the soil for a dangerously long period of time. These small particles become airborne, making internal exposure via inhalation or ingestion possible. The effects of exposure to depleted uranium have been illustrated through in vitro studies, animal research and epidemiological research performed on exposed groups. Depleted uranium has a cumulative affect in the body, leading to cancers, tumors, birth defects and developmental disorders, to name a few. The wind patterns on the Hawai'i Island are consistent, blowing from the eastern side, through the saddle of the mountains, onto the western side referred to collectively as the "Kona side" (Nourigichi,1984). This area downwind from the Pohakuloa Training Center, located in the saddle of the mountains, exhibited a pattern of elevated birth defect rates in the years following the period on which depleted uranium was tested (Burch, 1984). This paper is going to propose that there is a potential causal relationship that exists between munitions testing and the adverse health trends that presented themselves on the Ftgtre b: The Mate of e awnud mr W t, Watum ofPd2kWoa'T"aw Ana, 40 �t 1"i� 2': iYar ilstxmu& tr6liave„aei ittEussteatinf cire locatwu of PWu&Woa'Eia ung area An rite ma w the auaitx tovoprarshx Raftm sixt tandmaks. h :1_ Kona side of the island during the 1960's and 1970's through the examination of public health records in relationship to available military material concerning the dates that testing occurred. This paper also hopes to question the current absence of media coverage that critically analyzes the military presence on the island and how this strategic lack of media attention hinders discussion of the dangers that depleted uranium poses. The US military has played, and continues to play, a prevalent role in the colonization, annexation, and statehood of the Hawaiian Islands. Facilitating a discussion regarding the continued militarization that negatively impacts the natural environment of the islands and the health of it's occupants has the potential to function as a bridge issue between supporters of the pro -sovereignty movement, environmental groups, and concerned members of the community. Rather than imposing a research model onto the potentially affected community, an approach will be developed based off of local surveys, the utilization of trusted avenues of communication and a series of town meetings to ensure that the community's .• needs and concerns are being addressed. Ideally, key members of the community will become partners throughout the process, further ensuring that their needs are being addressed appropriately. The results of qualitative and quantitative surveys will be analyzed to provide information regarding the community's perceived exposure risk, the ideal path of action, and the desired end result. The testing that has occurred on the island has the unique potential to strengthen the affected community, providing a platform to perform a long over due critique regarding the omnipresent military presence in Hawai'i that has little accountability to the island's residents. Colonization, Neo-Colonialism and Military Testing From a military perspective, the Pacific Islands are situated in a strategically significant region between the United States, Asia, and Russia (Barker, 2004 ) The first US military ship, the USS Dolphin, came to Hawai'i in 1826 with the expressed purpose of pressuring the Hawaiian ruling class, the ali i, into repaying their debts to American merchants (Ireland, 2004). Less than seventy years later, in 1893, 162 US Marine Corps and two companies of US Navy sailors would intervene to ensure that the economic well being of American business men was being protected, this time illegally overthrowing the Hawaiian kingdom to ensure that profits from sugar cultivation were not threatened (Russ, 1992). Changes in US economic policy favored domestic sugar production through monetary incentives, providing a push for Hawaiian plantation owners in 1898 to force the official annexation of Hawai'i, which could already be considered an "economic colony" of the United States (Russ, 1992). President Cleveland found that the military had acted inappropriately by participating in the illegal overthrow of the kingdom. However, the wheels of colonization were already spinning, with the large newspapers taking a stance of being "ardent advocate for annexation" (Chapin, 1996). The US government, certainly considering the strategic military position of the Hawai'i Islands, along with the sense of manifest destiny that was rampant at the time, chose to keep its latest acquisition. The Hawaiian Kingdom was not restored and the precedence for a seemingly unquestioned military presence with the apparent license to act without threat of the typical consequences was set. Currently, activists and sympathizers of the pro -sovereignty movement would consider Hawaii an internal colony of the United States hidden under the guise of statehood and kept in check through an illegal military occupation (Trask, 1999). The bombing of Pearl Harbor on Oahu not only brought the United States into WWII but it also has been exploited for decades as a source of military propaganda to justify the US occupation of the Pacific (Ireland, 2004). This self -ordained responsibility to "protect" a vulnerable population, in this instance Hawai'i, is a hallmark of the paternalistic ideology that colonialism is notorious for. The Pohakuloa Training Center was established during years after WWII, a time period riddled with media representations showing the necessity of the US military to protect Hawai'i, historical texts that made connections between Hawaiian and US history in order to foster a pseudo sense of historical association, and a slew of Hollywood movies that glorified the "Americanization" of Hawai'i (Ireland, 2004). The United States education system serves to foster a sense of nationalism that revolves around military prowess and the necessity of global militarization. In many regards, US history as it is taught in public schools is not defined by eras or even presidents, but rather by war. The military markets itself largely to males, and in the instance of Hawai'i, a group of males that have been emasculated through colonization. This strategic marketing extends beyond the classroom through the Boy Scout program and the junior ROTC programs (Tengan, 2002). The military presents itself as a socially sanctioned path to strength and masculinity in a community that has experienced the loss of their "traditional beliefs, [a] separation from the land, [and a] breakdown of traditional structures of leadership and community..." (Tengan, 2002). This functions to solidify the military's position within a community. Furthermore, ensuring that unsavory behavior on their part, that may be harmful to both military personnel and civilians, is less likely to be questioned due to the pretense that their continual presence protects, masculinizes, and defines the community. The main newspapers in Hawaii have traditionally had strong economic ties to the continental United States and thus promote a "pro - America" and "pro -military" stance (Chaplin,1996). Currently, one particular media group based out of Las Vegas, Nevada owns every daily newspaper in circulation on the Big Island, suggesting that the news may be suffering from a monopolization that directly impacts, not only what is being reported, but also, how it is being reported. Capitalism has created a unique web of interrelated social institutions that elevate healthy profits over the intellectual, economic, and physical health of the people that social institutions, such as the press, should be catering to. In essence, "freedom of the press," and a 70 local community's ability to access a traditional forum of communication is severely compromised by the interdependence of the media, large businesses, and what has been called our nations largest business: the military. Depleted Uranium Uses and Implications Depleted uranium is a radioactive waste product (Briner, 2006). The unique physical properties of this material, paired with expense storage costs, and the rising costs of steel during the 1960's, led to its use in military applications (Middleton. 1975). Roughly ten years after this practice began, the Stockhom International Peace Research Institute issued a report asserting that using depleted uranium in weapons would "...open the way to more radioactive or toxic substances" (1975). Regardless of these early concerns, depleted uranium still holds a pivotal place in military applications such as projectile points on munitions and armor for tanks. As a dense, hard metal, it has the ability to sharpen upon impact, piercing armor rather than collapsing, resulting in deeper penetration (Department of Defense, 2003). It is also pyrophoric, erupting into flames nearly spontaneously, producing an oxidized dust that is also referred to as an aerosol. This aerosol contains particles that have been heated up to 5,000 degrees Celsius, converting then into an insoluble material (Bertell, 2006). Up to 70% of depleted uranium converts into nano -particles less than two microns in size, which are small enough to be easily inhaled and enter into red blood cells (Briner, 2006). According to a 1943 Department of Defense memo, a gas mask would not be able to limit exposure, ensuring that particles would become lodged in the pulmonary system (US Dept Defense,1943). The pulmonary half-life of depleted uranium is four years, during which, it can travel throughout the body creating oxidative stress and exposure to free radicals seemingly indefinitely (Bertell, 2006). Very little depleted uranium would initially be excreted through the urinary system (Durakovic, 2005). Depleted uranium becomes lodged in the lungs for a period of approximately four years, after which it would begin to solubilize directly into the blood stream and lymphatic systems, making a conventional urine detection test difficult (Hindin, 2005). Depleted Uranium as a Heavy Metal Evaluating the potential dangers of depleted uranium exposure requires an adequate analysis of both the potential threat it poses as a heavy metal in addition to a critique of it's radioactive behaviors (Miller, 2004). Depleted uranium (DU) is the byproduct of the uranium enrichment process and largely retains the chemical characteristics of natural uranium (Hindin, 2005). It differs from the natural uranium found in mining situations because it is used largely in situations that make it easily inhaled and directly exposes the internal organs to potential heavy metal toxicology. The US government has taken the stance that depleted uranium poses no more danger than lead, thus examining the dangers of heavy metal poisoning is essential. Lead is considered to present the most significant toxicity risk of the heavy metals, thus depleted uranium can be considered to be similarly dangerous (Briner, 2006). It is well documented that lead exposure affects both the central and peripheral nervous system in addition to causing damage to reproductive and cardiovascular systems (Schwartz, 2007). Recent research has shown a link between depleted uranium exposure and behavioral changes, cognitive capabilities and cancer. For example, studies performed on animals illustrate that depleted uranium accumulates in the brain inhibiting memory formation, reactive ability and increase lipid oxidation in the brain; this decreases cognitive ability, and changes behavioral patterns (Briner, 2006). The carcinogenic affects of DU on the reproductive, the urinary, and the immune system have been documented in Yugoslavia, Bosnia, and Gulf War veterans. Depleted uranium has the ability to pass through the placental barrier adversely affecting birth weight, producing skeletal abnormalities and causing delays in both physical and mental development (Bertell, 2006). Animal studies also illustrate that post -gestation brain and behavioral development are impaired while weight gain is accelerated, yielding animals with higher body weight and a lower brain weight (Briner, 2006). Studies performed by the Department of Defense in 1998 found a correlation between exposures to depleted uranium fragments to cells in vitro and elevated cancer rates (Miller, 2004). Further tests performed on rats involved the implantation of DU shards suggested that the nature of the chemical as a heavy metal presented major health risks; the researchers concluded that "our studies demonstrate for the first time that the malignant transformation of immortalized human cells can be achieved by exposure to the depleted uranium" (Miller,2004). Research performed in 2006 concluded that depleted uranium exposure has a detrimental affect on the immune system; effectively killing or changing the signaling pattern of the macrophages that ingest the particles (Wan, 2006). By compromising this "first line of defense", the immuno-defense system becomes 71 severely compromised, making the body more vulnerable to the carcinogenic properties of depleted uranium in addition to any other pathogens (Wan, 2006). Radioactive Aspects and Health Though the chemical dangers that uranium poses have been widely accepted for over two hundred years, the radioactive dangers of depleted uranium is still shrouded in controversy (Durakovic, 1999). The term "depleted uranium" implies that the radioactive aspects of uranium are no longer present, though this implication is a misnomer at best, and deliberate propaganda at worst (Dickstein, 1974). Natural uranium and all of its isotopes have unstable nuclei and are therefore radioactive (Oeh, 2007). Though this metal is only 75% as radioactive as natural uranium, it is still a dangerous form of ionizing radiation (Hindin, 2005). According to NATO, depleted uranium emits Alpha and Beta particles in addition to Gamma radiation (2000). One milligram of depleted uranium is "about the same as a milligram of uranium and shoots about 1,251,000 powerful little "bullets" of Alpha particles a day for 4.5 billion years." (Bertell, 2007). As electrons split apart they release protons, electrons and neutrons that cause significant physical and chromosomal damage to nearby cells (Dickstein, 1974). Cellular damage increases rates of skin cancer, cancer of the bones and thyroid, as well as leukemia, birth defects and genetic mutations. Even a very small exposure to radiation during pregnancy can result the child's risk of developing leukemia to increase by fifty percent (Dickstein, 1974). The symptoms of radiation can also be subtler. Studies performed in 1986 in the Ukraine after the Chernobyl meltdown have concluded that memory deficiencies, fatigue, pallor, chronic pain and impaired sensory -motor skills developed after exposure. The term currently being used for this collection of degenerative symptoms is "vegetative dystonia" (Landauer, 2002). Additionally, recent studies of exposure to depleted uranium in Gulf War veterans resulted in a cluster of symptoms including incapacitating fatigue, skeletal and joint pains, headaches, neuro-psychiatric disorders, affect changes, confusion, visual problems, changes of gait, loss of memory, lymphadenopathies (enlargement of the lymph nodes), respiratory impairment, and impotence (Durakovic, 2003). The psychological stress of being exposed to an "invisible threat" that is often treated with ambiguity or stigma leads to anxiety and elevated levels of fear (Landauer, 2002). Whether DU is studied as a radioactive danger or a heavy metal, the detrimental affects are going to be most marked in children due to their vulnerable developmental state. Even a low exposure to alpha omitting radiation can lead to genetic changes and chromosomal mutations resulting in multi -generational genetic abnormalities (Miller, 2004). Military studies performed in 1998 to examine both the chemical and radioactive activity of depleted uranium in conjunction to each other yielded what the researchers described as "startling results" (Miller, 2004). The researchers established that depleted uranium had the potential to transform or mutate cells. They concluded that it's the unique combination of DU heavy metal properties, in conjunction with it's radioactive activity, that results in it's carcinogenicity (Miller, 2004). Furthermore, all cells exposed to even a small amount of depleted uranium experienced genetic alterations that may be due directly to depleted uranium causing damage to DNA or the mechanisms that repair damaged DNA (Miller, 2004). Establishing a Causal Relationship (A Case Study) A tremendous increase in cancers, specifically leukemia in Iraqi children after the first Gulf War, led researchers in Basrah to begin attempting to determine if causal relationships existed (Yaccoub, 1999). Using the guidelines established by the British research teams that argued for an association between smoking and lung cancer, the researchers sought to determine if a relationship existed between exposure to depleted uranium and childhood cancers (Hill, 1965). The body of data was gathered from the main hospital in Basrah which had maintained a cancer registry system stretching back to the 1980's. The registry chronicled the number of new cases each year, the age of onset, specific variety of malignancy, and the area of Basrah the patient resided in. A remarkable rise in childhood cancers began in 1995, approximately four years after the invasion. This four-year period is consistent with the expected latency period of ionizing radiation, supporting the criteria for an appropriate time sequencing model (Briner, 2006; Hill,1965). Additionally, from the period of 1990 until 2000 the rates of malignancies increased every year (Yaccoub, 1999). In 2000, childhood cancers were occurring at a rate close to 400 times greater than in 1990. The consistent pattern of increasing incidents over time supports the cumulating affect of radiation exposure, strengthening the case for a causal relationship. A survey of the statistics shows that younger and younger children are developing cancers; close to 60% of the new leukemia cases are 72 in children under five years old, again correlating with other research compared to 1990 statistics when this figure was closer to ten percent. This shift correlates with the substantial body of research that supports the relationship between childhood exposures to radiation and the development of cancers at younger ages; this is due to the more vulnerable developmental stages the body is going through (Briner, 2006). Geographically, areas that had high levels of measurable radiation also had higher incidents of cancers. This correlation also serves to support the biological plausibility of the relationship between depleted uranium exposure and childhood cancer rates (Yaccoub, 1999). This case study, paired with the recent findings of Miller, Briner, and Wan provide the impetus to examine the effects of depleted uranium in Hawai'i. Depleted Uranium Use in Hawaii Pohakuloa training center, established in 1955, is the largest US military training center in the Pacific, and covers over 100,000 acres including an impact -testing area that covers 51,000 acres (Beavers, 2002). It has been used for the firing long-range guided missiles and artillery of live ammunition containing depleted uranium for the past sixty years. The principle weapon of concern is the Davey Crockett recoilless gun that was tested from 1960-1968 (US Army, 2007). The gun was originally developed to be a short-range nuclear delivery system of one to three miles that could be deployed by a single person. The US Secretary of Defense Robert S. McNamara stated in 1964 that "the smallest nuclear weapons kill, primarily, not by blast but by radiation" (Finney, 1964). The testing process in Hawai'i did not include the conventional, "live" nuclear missiles, but rather the use of over seven hundred XM-101 spotter rounds loaded with depleted uranium as a means of simulating the behavior of a nuclear missile (Army, 2007). These rounds were highly explosive and weighed approximately one pound, of which nearly half of that weight was derived from depleted uranium, a form of ionizing radiation (Hickey, 1997). The explosive nature and long half-life of depleted uranium is a particular source of concern. As the 1943 internal memo from the US War Department states, long-term terrain contamination from depleted uranium occurs because the small particles can be "stirred up as a fine dust for a long time" making areas uninhabitable (US Dept Defense, 1943). This memo also stated that DU broke down into "beta and gamma emitting fission products that may be absorbed from the lungs or G-I tract into the blood and so distributed throughout the body" (ibid). Additionally, in 1984 the army issued an internal safety report that concluded that depleted uranium posed an internal radioactive danger, especially if the exposure was caused from inhalation of the aerosol (Memo, 1984). Research performed in Kosovo after the Gulf War confirms that dust containing depleted uranium can remain dangerous for many years (Briner, 2006). Strong persistent trade winds in Hawai'i flow from the Northeast, possibly pushing contaminated dust west of the training center to the areas of Kailua and North Kona (Noguchi, 1979). Additionally, according to the records kept by the training center, "tens of hundreds of fires have occurred" from the period of 1987 until 1999: this due to the continued testing of munitions (Beavers, 2000). This causes additional soil disruptions in the very area that weapons containing depleted uranium would have been tested, possibly resulting in the military personnel and the communities downwind of the area to suffer from continual re -exposure to the depleted uranium. An army commander in 1979 asserted, "... people at distances downwind from the fire are faced with potential over exposure to air borne uranium dust" (Military Medicine). When depleted uranium is burned, it produces an oxide that is particularly difficult to solublize causing long- term site contamination and. a means for particles to travel through the air (NATO, 2000). Documentation illustrates incidents of depleted uranium traveling up to 26 miles from the initial impact site and that it tends to remain in the soil longer in and environments, the very conditions that are found at the Pohukaloa training center (Hindin, 2005). From a demographic standpoint, the Big Island during the 1960's reflected the racial trends present at the nuclear testing sites in New Mexico and other Pacific Islands (Barker, 2004). According to the Department of Research and Development for the County of Hawai'i, in 1980, Caucasians comprised less then 18 percent of the population; they resided almost entirely on the Hilo side of the island, away from the prevalent wind patterns that could result in exposure. Japanese accounted for 44% of the population, native Hawaiians comprised 20.4%, while Filipinos and Portuguese making up the remainder. Effectively, radioactive weapons testing on the Big Island of Hawai'i was being performed with an underlying ideology that it was justified because it was on a island inhabited by "the other,"a group of darker -skinned people that represented a potentially "expendable population" (Barker, 2004). It is also imperative to consider that the people testing the weapons are potential victims of exposure as well. 73 Ground level soldiers are not directly involved in the implication of policy and are often also perceived as expendable. The military's denial of performing any testing with weapons containing depleted uranium, followed by their admission in 2007 that they had performed testing, but that depleted uranium isn't dangerous, mirrors the policy of denial and downplaying, that are hallmarks of the U.S. nuclear testing program (Barker, 2004). Determining if a Significant Exposure Risk Exists Briner proposes a six point model to determine if a population is at exposure risk for an environmental hazard, including: a knowledge of the group's exposure level, the possible dose absorbed., the route and duration of exposure, the accepted benchmark that must be met to produce affects, and a knowledge of the affects a researcher would expect to see (2006). The Army has released limited information to the press regarding the quantity of depleted uranium containing rounds that were used. The most recent information available puts that number at approximately seven hundred rounds, with each round containing approximately 454 grams of depleted or roughly half of the total weight of the spotter round (Nuclear Registry Commission, 1997). Based off of these numbers, it is possible to conservatively estimate that 317,800 grams of depleted uranium were utilized during the testing period. The amount of depleted uranium that becomes aerosol upon impact ranges from 50 to 96 percent (Bourdulenko, 2003; Fahey, 1999; Hindin, 2005). Of this total, if approximately 70% of the total 317,800 grams became aerosolized at initial impact, up to 222,460 grams of depleted uranium would have been converted into micron particles that had the potential to be respirable during that seven-year period. According to Briners model, this would mean the average potential exposure rate through respiration per year was over 30,000 grams, or thirty million milligrams, in the immediate vicinity downwind of the testing area. Thus, if as little as one tenth of one percent of the total number of aerosolized particle traveled roughly 40 miles northwest on the prevalent trade winds, the communities in Kohala and Kona, and all homes along the trajectory would have potentially been exposed to air containing over 30,OOOmg of respirable particles per year. The accepted benchmark for exposure to ionizing radiation exposure put forth by the World Health Organization is 1 mSv (microsievert) per year for civilians and 10 mSv/year, or 100 mg, for military personnel (Bordujenko, 2003). Furthermore, these 30,000 grams would omit 10,000 Ci (Curie) of radiation per year (Durakovic, 1999. Hansen, 1974). The monthly average exposure rate of 850Ci exceeds the safety standards that New York State has put forth at 150Ci per month by a factor of almost six (Briner, 2006). Based on the knowledge that depleted uranium exposure through respiration did surpass the recommended safe levels put forth by the World Health Organization and New York State for a minimal period of seven years, the next step in determining if these communities were adversely affected by these elevated exposures, through the examination of archived health records, determining if the health affects, specifically birth defects, that accompany this type of environmental hazard are present. A Causal Relationship in Hawaii Application of the acceptable criteria for establishing a causal relationship to the public health records in Hawai'i from the turn of the century through the present yields startling results. The years with the highest rates of potential depleted uranium exposure occurred between 1961 and 1968. Thus, considering that the accepted pulmonary life of depleted uranium before it is absorbed into the body is four years, the data should illustrate a rise in birth defects beginning in 1965 and continuing conservatively through about 1972 (Briner. 2006, Yaccoub. 1999, Bertell. 2006). Available data was drawn from the Hawai'i Department of Health's Research and Statistics archived reports. According to Schmitt, death from congenital birth defects across the state of Hawai'i declined from 1908 until 1962 and the Island of Hawai'i exhibited rates that where declining even more rapidly (See graph 1). The spike in infant mortality found on the Hawaiian Island between 1918 and 1922 may have been due to the Spanish Flu epidemic or differences in collection methods by island (Fujimura, 2003). 74 Graph 1: Congenital Birth Defect Mortality 2-0 11.8 • a 1.6 7 1.4,E CL 1.2 0 1.0 0.8 ' 0.6 OA 0,2 0-0 1908-1912 1918-1922 1928-19 2 1938-1942 1948-1952 1958-1962 " Hawaui Island State of H..,awaii....... From 1968 through 1982, the districts of North and South Hilo consistently exhibited lower rates of birth defects and infant mortality than almost any other district on any of the Hawaiian Islands (Burch, 1984). Conversely, the Kona side of the island experienced the opposite trend (See Table 1). Birth defects increased along a time -line that mirrors the trajectory put forth by Yaccoub; within four years after initial testing began the prevalence of birth defects increase in the areas downwind from the testing sites. Table 1: Birth Defects by District per 1000 Live Births County 1968-1972 1973-1977 North Hilo 6.3 5.9 South Hilo 14.7 10.1 North Kohala 17.5 41 South Kohala 11.6 14.3 North Kona 22.9 7.1 The birth defect rates in North Kohala spiked dramatically within the four to nine years after the testing period ended, resulting in a fourteen -year average that tripled Hilo's North district (See Table 2). Table 2:Average Birth Defects by District per 1000 Live Births County 1968-1982 Average North Hilo 7 South Hilo 11 North Kohala 21.8 South Kohala 13.6 North Kona 12.1 The Hawaii State Birth Defect Registry was established in 1988 partially due to this spike. The surveying is no longer performed by district in order to protect the confidentiality of the families, physicians, and hospitals. Though these steps to protect personal privacy are essential, it makes the tracking of any long-term genetic mutations that may have arisen in specific geographic regions from depleted uranium exposure difficult. However, the presence of this cluster of statistics merits a community discussion. Additionally, according to the Hawai'i Birth Defect Registry, from 1988 until 2002, Hawai'i Islands exhibited high rates of chromosomal abnormalities such as Patau Syndrome, Edwards Syndrome and Ammiotic Band Syndrome comparative to other states. Recommendations for DU Assessment in Hawaii Traditionally, minority groups exposed to environmental pollutants are disenchanted with how the issue is addressed, the policy that dictates governmental response and an overall lack of involvement throughout the process (Greene, 2006). The research model formulated by Howard University seeks to overcome the power dynamic between the researcher, as a perceived "outsider," and the affected community that is often a reflection 75 Birth Defects by District 1968-1972 1973-1977 1968-1982 (14 yr average) North Hilo M South Hilo ® North Kohala ® South Kohala ® North Kona of the larger disproportion of power between the majority's voice and the minority's silence (ibid). The initial stage of the research would involve establishing a pathway of communication with activists already involved with the movement to end weapons testing on the island until the presence of depleted uranium has been thoroughly and independently tested for. Activists for the multiple Hawaiian State sovereignty movements also may be interested in getting involved with this issue due to the larger implications of neo- colonizing that the military presence symbolizes. After the initial period of networking, a series of community forums would ideally be performed around the entire island to enable maximum community involvement. The advertisement of these meetings would mirror similar grass -roots campaigns that have occurred throughout the Pacific Islands, through the utilization of fliers, the networking with concerned groups, and newspaper editorials. These meetings would be used to gather data regarding issues that groups feel are significant and gauge the group's degree of knowledge on the subject in addition to building a certain degree of trust between the researcher and the population. Quantitative surveys would be distributed and filled out after the meeting as a means of further synthesizing the qualitative information brought up during the meeting (Syrman. 1988). The qualitative surveys would deal with the risk perception and the degree of trust the community feels toward different sources of information (Drottz-Sjoberg, 2000). Determining the information sources the group trusts will help increase coordination within the concerned group and perhaps also serve as a medium for attracting more concerned citizens. For example, determining if editorials or articles in an independent paper, versus handing out fliers, or publishing in the local corporate newspaper would make a difference in community involvement and their perceived degree of trust in the information. Determining if we need to utilize a "local" voice rather than an outsider to fully engage the public also merits consideration. Surveying to determine the perceived exposure risks from different radiation sources, such as the sun, cellular phones, nuclear bombs, and depleted uranium, will also help gauge the degree of threat that depleted uranium poses and whether the issue should be pursued from a public health angle or as a potential issue to build community action around. For example, if the community asserts that they are concerned about the test's affects on the previous generation, but do not feel that depleted uranium currently poses a threat, then issues surrounding government accountability, responsibility and monetary compensation for the previously affected group will drive the community's further action. If the community did feel that a danger still exists, a third survey would utilize aspects of the survey developed by Asaf Durakoiv, the former Chief of the Nuclear Sciences Division at the Armed Forces Radiobiology Research Institute and advisor to the National Science Foundation. This survey listed a variety of symptoms associated with low-level radiation exposure, which the individuals can fill out for themselves, but also provide anecdotal statistics regarding the health of neighbors, parents, children, or pets. The fourth aspect of the survey will involve surveying to determine the desirable potential paths of further action. Questions would involve determining what group should be in charge of testing for nuclear contamination and if certain forms of oversight are necessary to ensure the results of the tests are accurate. Monetary considerations concerning the funding of testing and clean up efforts will also be presented. An open section will provide a space for further writing if they feel that certain concerns haven't been addressed or they want to expand on a certain concept or concern. The results of these surveys will be synthesized into a body of data that will dictate the next step of 76 the research project. A series of workshops will be developed to address these concerns while simultaneously building trust and increasing community involvement. For example, if the community feels that depleted uranium is a danger and wants further education regarding the dangers of exposure, the next forum would include distributing published data from credible sources, as well as coordinating with local experts and health-care providers to increase community awareness. If the group feels certain that a danger exists that merits further research, the next meeting would also focus on determining what areas of land need to have soil samples taken, and if the water in specific areas needs to be surveyed. Here again, care in selecting the parties that will perform and oversee the testing will be dictated by the community. Conclusion I conducted a random survey of fifteen Hilo residences ranging from age 19 to 61 to determine of a cursory concern regarding weapon's testing and/or depleted uranium exposure existed within the community. The survey was in written form, but nearly all the participants also wanted to share their opinions after the survey was completed. These tentative results illustrated that everyone was aware of a military base being present on the island and the vast majority expressed concerns about weapons testing on the island. They also unanimously felt that depleted uranium was a dangerous material. Many responders expressed leeriness towards the military, lamenting that "they can't be trusted" or that they "are still hiding weapons up there." The impact on the natural environment, in addition to the potential danger that depleted uranium presents to humans, were common themes throughout the course of the interviews and provide cursory evidence that the citizens of Hilo are very concerned about the military testing that has, and continues, to occur. Further research is necessary to determine if health trends that existed on the west side of Hawai'i Island are tied to exposure to environmental hazards and if any of these issues are still occurring. The rather WORKS CITED limited amount of data that is currently available suggests that the population living down -wind from the training center has been exposed to depleted uranium at least during the years directly following the testing period. Changes in how the Hawai'i health department surveys for birth defects occurred in the early 1980's making the tracking of long-term genetic changes by district virtually impossible. However, networking and engaging the community may provide the means of overcoming that obstacle. Given the long half-life of depleted uranium, the continual military testing of munitions on the site, and frequent fires that stem from those tests, there is a strong likelihood that questionable levels of radiation exposure are still occurring. Further research needs to focus on the rates of chromosomal abnormalities on both sides of the island along with leukemia rates and thyroid disorders to determine if a causal relationship exists between depleted uranium exposure and these occurrences. It is imperative that the potentially affected community not only has a forum for voicing concerns, but also steers the direction of further research. This can be achieved through community meetings, educational workshops, and frequent quantitative surveying to ensure that the needs of the community are being addressed. The absence of mainstream media coverage also needs to be addressed. I challenge that the proven implications of depleted uranium use in Hawai'i are ignored for the same reasons that correlations between prostitution and a military presence, as well as nuclear testing in the South Pacific, and anti -war efforts, do not earn media coverage; namely that the media's financial well-being is intrinsically tied to a continual military presence. The military's presence is supposed to convey a sense of security and safety to the Island residents, but I would challenge that decades of lies and the misuse of force has seriously undermined their credibility. Every member of the Big Island's community has been adversely affected by the testing that has occurred. The media's reluctance to discuss this particular issue, and its larger implications, suggests a self-serving support of the colonial heir to Hawai'i: the United States' military. Barker, Holly (2004) Bravo for the Marshallese, Belmont, California Beavers, Andrew M. 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Burch, Thomas A.0984) "Frequency of Reproductive dysfunction in Hawaii by race and judicial district 1968- 1982" Hawai'i State Department of Health, Research and Statistics Office. Chapin, Helen Geracimos (1996) Shaping History: The Role of Newspapers in Hawai'i. University of Hawaii Press Davenport, David (1970) The "Hawaiian Cultural Revolution" American Anthropologist. Pp 1-21 Dickstein, H.L. (1974) "National Environmental Hazards and International Law" The International and Comparative Law Quarterly, Vol. 23, pp. 426-446 Downey, Gary L. (1986) "Risk in Culture: The American Conflict over Nuclear Power" Cultural Anthropology, Vol. 1, pp. 388-412 Drottz-Sjoberg, Britt Marie (2000) "Exposure to Risk and Trust in Information; Implications for the Credibility of Risk Communication". The Australasian Journal of Disaster and Trauma Studies. Vol 2. http://trauma.massey.ac.nz/issues/2000-21drottz.htm Durakovic A (1999). "Medical Effects of Internal Contamination with Uranium" Croatian Medical Journal, 40, 49-66 Durakovic A. (2001) "On Depleted Uranium Gulf war and Balkan Syndrome" Croatian Medical Journal, Vol 42, Pg 373-377 Durakovic A. (2005) "Quantitative Analysis of Uranium Isotopes in the Urine of the Civilian Population of Eastern Afghanistan after Operation Enduring Freedom". Military Medicine 170, 4:277-84 Fahey, Dan. (2003) "Science or Science Fiction? Facts, Myths and Propogranda in the Debate over Depleted Uranium Weapons" Fujimura, Sara Francis (2003) "Perspectives in Health" The Magazine of the Pan American Health Organization Volume 8 Greene, Natasha A., Jason D. White, Vernon R. Morris, Stephanie Roberts, Kimberly L. Jones and Cynthia Warrick (2006) "Evidence for Environmental Contamination in Residential Neighborhoods Surrounding the Defense Depot of Memphis, Tennessee" International Journal of Environmental Research and Public Health. Vol 3. Pg 244- 251 Hanson, Wayne C. (1974) "Ecological Considerations of Depleted Uranium Munitions" US Atomic Energy Commission. University of California. Pg 1-7 Hawai'i Birth Defect Registry, 1986-2002. Honolulu, Hawai'i Hill AB. (1965). "The environment and disease: association or causation?" Proceedings of the Royal Society of Medicine, 58, 295-300 Hindin, Rita, Doug Brugge and Bindu Panikkar (2005) "Teratogenicity of depleted uranium aerosols: A review from an epidemiological perspective" Environmental Health. zvww.ehjournal.net/contetit/4/l/I7 Hoyer, Patricia B. and Cheryl A. Dyer (2007) "Drinking Water with Uranium below the U.S. EPA Water Standard Causes Estrogen Receptor —Dependent Responses in Female Mice" Environmental Health Perspectives. Vol 115. Pg 1711-1716 Ireland, Brian.(2004) "Sugar Coated Fortress: Representations of the US Military in Hawaii" unpublished Kame'eleihiwa, Lilikala. (1992) Native Lands and Foreign Desires. Honolulu, Hawaii Kirkham, Jack (1986) "Spurious High Birth Defect rate on the island of Lanai and an unexpected indication of a �.' high incidence of adverse pregnancy outcomes in Kohala on the Big Island". Hawai'i State Department of Health, Research and Statistics Office. Landauer, Micheal R. (2002) "Physiological and Psychological Impact of Low-level Radiation: An Overview' Military Medicine. Supplemental Vol.2 Pg. 141-167 Middleton, Drew (1975) "Institute Reports on Fire weapons: Group based on Stockholm Describes Incidentiaries Near Nuclear Strength" New York Times. Nov 16, 1975. p. 8 Miller, A.C. (2004) "Transformation of Human Osteoblast Cells to the Tumorigenic Phenotype by Depleted Uranium-Uranyl Chloride" Environmental Health Perspectives. Vol 106. Pg 465-471 Noguchi, Yasuo. (1979) "Deformation of Trees in Hawai'i and its Relation to Wind" The Journal of Ecology, Vol. 67, pp. 611-628 Oeh U, Priest ND, Roth P, Ragnarsdottir KV, Li WB, Hollriegl V, Thirlwall MF, Michalke B, Giussani A, Schramel P, Paretzke HG (2007) "Measurements of daily urinary uranium excretion in German peacekeeping ersonnel and residents of the Kosovo region to assess potential intakes of depleted uranium (DU)." Science Mahe Total Environment. Vol381(1-3) Pg 77-87 Oliver -Smith, Anthony (1996) "Anthropological Research on Hazards and Disasters" Annual Review of Anthropology, Vol. 25, pp. 303-328 Radiation Research Society (1993) "Proceedings of the American Statistical Association Conference on Radiation and Health, Radiation Risk and Interactions" Radiation Research, Vol. 133, pp. 116-140 Russ, William Adam (1992). The Hawaiian Revolution (1893-94). Associated University Presses, Honolulu Hawai'i Ryan, Louise (2003)" Epidemiological Based Environmental Risk Assessment" Statistical Science, Vol. 18, pp. 466- 480 Schmid, E. Ch. Wirz, (2000) "Depleted Uranium" NATO. www.nato.int/du/doc (Accessed July 2008) Schmitt, Robert C. (1977) Historical Statistics of Hawai'i. Honolulu, Hawaii Pg 54-56 Schwartz BS, Hu H. (2007) "Adult lead exposure: time for change". Environmental Health Perspectives Vol 115: pg 451-4 Susser, Ida (1988) "Directions in Research on Health and Industry" Medical Anthropology Quarterly, Vol. 2, pp. 195-198 Tengan, T. (2002) (En)gendering colonialism: Masculintites in Hawai'i and Aotearoa. Cultural Values. 6(3) 239-256 Tierney, Kathleen (1999) "Toward a Critical Sociology of Risk" Sociological Forum, Vol. 14, pp. 215-242 Trask, Haunani-Kay. (1999)From a Native Daughter: Colonialism and Sovereignty in Hawai'i University of Hawai'i Press. Honolulu US Army. (2007) "Army Confirms Depleted Uranium at Pohakuloa' Media Release US Department of War (1943) Internal Memo To Brigadier General L. R. Groves From: Drs. Conant, Compton, and Urey. Released 1974. US Nuclear Registry (1997) "Consideration of Amendment Request for Decommissioning Area 10 of the Lake City Army Ammunition Plant in Independence, Missouri, and an Opportunity for a Hearing" Vol 62. Pg 40387 Wan, B. Fleming JT, Schultz TW, Sayler GS (2006)"In vitro Immune Toxicity of Depleted Uranium: Effects on Murine Macrophages, CD4+ T cells, and Gene Expression Profiles." Environmental Health Perspectives. Vol 114, pg 85-91 Yacoub AAH, Ajeel NAH, Al-wiswasy, M.(1999)" Depleted uranium & pattern of malignant diseases (excluding leukemia's) during 1990-1997". The Medical Journal of Basrah University. Vol 17, Pg 35-41 79 Guidelines for Assessing Cultural Impacts Adopted by the Environmental Council, State of Hawaii November 19, 1997 INTRODUCTION It is the policy of the State of Hawaii under Chapter 343, HRS, to alert decision makers, through the environmental assessment process, about significant environmental effects which may result from the implementation of certain actions. An environmental assessment of cultural impacts gathers information about cultural practices and cultural features that may be affected by actions subject to Chapter 343, and promotes responsible decision making. Articles IX and XII of the State Constitution, other state laws, and the courts of the state require government agencies to promote and preserve cultural beliefs, practices, and resources of native Hawaiians and other ethnic groups. Chapter 343 also requires environmental assessment of cultural resources, in determining the significance of a proposed project. The Environmental Council encourages preparers of environmental assessments and environmental impact statements to analyze the impact of a proposed action on cultural practices and features associated with the project area. The Council provides the following methodology and content protocol as guidance for any assessment of a project that may significantly affect cultural resources. Background Prior to the arrival of westerners and the ideas of private land ownership, Hawaiians freely accessed and gathered resources of the land and seas to fulfill their community responsibilities. During the Mahele of 1848, large tracts of land were divided and control was given to private individuals. When King Kamehameha the III was forced to set up this new system of land ownership, he reserved the right of access to privately owned lands for Native Hawaiian ahupua'a tenants. However, with the later emergence of the western concept of land ownership, many Hawaiians were denied access to previously available traditional resources. In 1978, the Hawaii constitution was amended to protect and preserve traditional and customary rights of Native Hawaiians. Then in 1995 the Hawaii Supreme Court confirmed that Native Hawaiians have rights to access undeveloped and under -developed private lands. Recently, state lawmakers clarified that government agencies and private developers must assess the impacts of their development on the traditional practices of Native Hawaiians as well as the cultural resources of all people of Hawaii. These Hawaii laws, and the National Historic Preservation Act, clearly mandate federal agencies in Hawaii, including the military, to evaluate the impacts of their actions on traditional practices and cultural resources. If you own or control undeveloped or under -developed lands in Hawaii, here are some hints as to whether traditional practices are occurring or may have occurred on your lands. If there is a trail on your property, that may be an indication of traditional practices or customary usage. Other clues include streams, caves and native plants. Another important point to remember is that, although traditional practices may have been interrupted for many years, these customary practices cannot be denied in the future. These traditional practices of Native Hawaiians were primarily for subsistence, medicinal, religious, and cultural purposes. Examples of traditional subsistence practices include fishing, picking opihi and collecting limu or seaweed. The collection of herbs to cure the sick is an example of a traditional medicinal practice. The underlying purpose for conducting these traditional practices is to fulfill one's community responsibilities, such as feeding people or healing the sick. As it is the responsibility of Native Hawaiians to conduct these traditional practices, government agencies and private developers also have a responsibility to follow the law and assess the impacts of their actions on traditional and cultural resources. The State Environmental Council has prepared guidelines for assessing cultural resources and has compiled a directory of cultural consultants who can conduct such studies. The State Historic Preservation Division has drafted guidelines on how to conduct ethnographic inventory surveys. And the Office of Planning has recently completed a case study on traditional gathering rights on Kaua'i. The most important element of preparing Cultural Impact Assessments is consulting with community groups, especially with expert and responsible cultural practioners within the ahupua'a of the project site. Conducting the appropriate documentary research should then follow the interviews with the experts. Documentary research should include analysis of mahele and land records and review of transcripts of previous ethnographic interviews. Once all the information has been collected, and verified by the community experts, the assessment can then be used to protect and preserve these valuable traditional practices. Native Hawaiians performed these traditional and customary practices out of a sense of responsibility: to feed their families, cure the sick, nurture the land, and honor their ancestors. As stewards of this sacred land, we too have a responsibility to preserve, protect and restore these cultural resources for future generations. TEXT OF ACT 50, SLH 2O00 A BILL FOR AN ACT RELATING TO ENVIRONMENTAL IMPACT STATEMENTS UNOFFICIAL VERSION HOUSE OF REPRESENTATIVES H.B. NO, 2895 H.D.1 TWENTIETH LEGISLATURE, 2000 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ENVIRONMENTAL IMPACT STATEMENTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that there is a need to clarify that the preparation of environmental assessments or environmental impact statements should identify and address effects on HawaiTs culture, and traditional and customary rights. The legislature also finds that native Hawaiian culture plays a vital role in preserving and advancing the unique quality of life and the "aloha spirit' in Hawaii. Articles IX and XII of the state constitution, other state laws, and the courts of the State impose on government agencies a duty to promote and protect cultural beliefs, practices, and resources of native Hawaiians as well as other ethnic groups. Moreover, the past failure to require native Hawaiian cultural impact assessments has resulted in the loss and destruction of many important cultural resources and has interfered with the exercise of native Hawaiian culture. The legislature further finds that due consideration of the effects of human activities on native Hawaiian culture and the exercise thereof is necessary to ensure the continued existence, development, and exercise of native Hawaiian culture. The purpose of this Act is to: (1) Require that environmental impact statements include the disclosure of the effects of a proposed action on the cultural practices of the community and State; and (2) Amend the definition of "significant effect" to include adverse effects on cultural practices. SECTION 2. Section 343-2, Hawaii Revised Statutes, is amended by amending the definitions of "environmental impact statement' or "statement" and "significant effect", to read as follows: "'Environmental impact statement" or "statement" means an informational document prepared in compliance with the rules adopted under section 343-6 and which discloses the environmental effects of a proposed action, effects of a proposed action on the economic [and] welfare, social welfare, and cultural practices of the community and State, effects of the economic activities arising out of the proposed action, measures proposed to minimize adverse effects, and alternatives to the action and their environmental effects. The initial statement filed for public review shall be referred to as the draft statement and shall be distinguished from the final statement which is the document that has incorporated the public's comments and the responses to those comments. The final statement is the document that shall be evaluated for acceptability by the respective accepting authority. "Significant effect" means the sum of effects on the quality of the environment, including actions that irrevocably commit a natural resource, curtail the range of beneficial uses of the environment, are contrary to the State's environmental policies or long-term environmental goals as established by law, or adversely affect the economic [or] welfare, social welfare[.], or cultural practices of the community and State." SECTION 3. Statutory material to be repealed is bracketed. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. Approved .by the Governor as Act 50 on April 26, 2000 2. CULTURAL IMPACT ASSESSMENT METHODOLOGY Cultural impacts differ from other types of impacts assessed in environmental assessments or environmental impact statements. A cultural impact assessment includes information relating to the practices and beliefs of a particular cultural or ethnic group or groups. Such information may be obtained through scoping, community meetings, ethnographic interviews and oral histories. Information provided by knowledgeable informants, including traditional cultural practitioners, can be applied to the analysis of cultural impacts in conjunction with information concerning cultural practices and features obtained through consultation and from documentary research. In scoping the cultural portion of an environmental assessment, the geographical extent of the inquiry should, in most instances, be greater than the area over which the proposed action will take place. This is to ensure that cultural practices which may not occur within the boundaries of the project area, but which may nonetheless be affected, are included in the assessment. Thus, for example, a proposed action that may not physically alter gathering practices, but may affect access to gathering areas would be included in the assessment. An ahupua'a is usually the appropriate geographical unit to begin an assessment of cultural impacts of a proposed action, particularly if it includes all of the types of cultural practices associated with the project area. In some cases, cultural practices are likely to extend beyond the ahupua'a and the geographical extent of the study area should take into account those cultural practices. The historical period studied in a cultural impact assessment should commence with the initial presence in the area of the particular group whose cultural practices and features are being assessed. The types of cultural practices and beliefs subject to assessment may include subsistence, commercial, residential, agricultural, access -related, recreational, and religious and spiritual customs. The types of cultural resources subject to assessment may include traditional cultural properties or other types of historic sites, both man made and natural, including submerged cultural resources, which support such cultural practices and beliefs. The Environmental Council recommends that preparers of assessments analyzing cultural impacts adopt the following protocol: 1. identify and consult with individuals and organizations with expertise concerning the types of cultural resources, practices and beliefs found within the broad geographical area, e.g., district or ahupua'a; 2. identify and consult with individuals and organizations with knowledge of the area potentially affected by the proposed action; 3. receive information from or conduct ethnographic interviews and oral histories with persons having knowledge of the potentially affected area; 4. conduct ethnographic, historical, anthropological, sociological, and other culturally related documentary research; 5. identify and describe the cultural resources, practices and beliefs located within the potentially affected area; and 6. assess the impact of the proposed action, alternatives to the proposed action, and mitigation measures, on the cultural resources, practices and beliefs identified. Interviews and oral histories with knowledgeable individuals may be recorded, if consent is given, and field visits by preparers accompanied by informants are encouraged. Persons interviewed should be afforded an opportunity to review the record of the interview, and consent to publish the record should be obtained whenever possible. For example, the precise location of human burials are likely to be withheld from a cultural impact assessment, but it is important that the document identify the impact a project would have on the burials. At times an informant may provide information only on the condition that it remain in confidence. The wishes of the informant should be respected. Primary source materials reviewed and analyzed may include, as appropriate: Mahele, land court, census and tax records, including testimonies; vital statistics records; family histories and genealogies; previously published or recorded ethnographic interviews and oral histories; community studies, old maps and photographs; and other archival documents, including correspondence, newspaper or almanac articles, and visitor journals. Secondary source materials such as historical, sociological, and anthropological texts, manuscripts, and similar materials, published and unpublished, should also be consulted. Other materials which should be examined include prior land use proposals, decisions, and rulings which pertain to the study area. 3. CULTURAL IMPACT ASSESSMENT CONTENTS In addition to the content requirements for environmental assessments and environmental impact statements, which are set out in HAIR §§ 11-200-10 and 16 through 18, the portion of the assessment concerning cultural impacts should address, but not necessarily be limited to, the following matters: 1. A discussion of the methods applied and results of consultation with individuals and organizations identified by the preparer as being familiar with cultural practices and features associated with the project area, including any constraints or limitations which might have affected the quality of the information obtained. 2. A description of methods adopted by the preparer to identify, locate, and select the persons interviewed, including a discussion of the level of effort undertaken. 3. Ethnographic and oral history interview procedures, including the circumstances under which the interviews were conducted, and any constraints or limitations which might have affected the quality of the information obtained. 4. Biographical information concerning the individuals and organizations consulted, their particular expertise, and their historical and genealogical relationship to the project area, as well as information concerning the persons submitting information or interviewed, their particular knowledge and cultural expertise, if any, and their historical and genealogical relationship to the project area. 5. A discussion concerning historical and cultural source materials consulted, the institutions and repositories searched, and the level of effort undertaken. This discussion should include, if appropriate, the particular perspective of the authors, any opposing views, and any other relevant constraints, limitations or biases. 6. A discussion concerning the cultural resources, practices and beliefs identified, and, for resources and practices, their location within the broad geographical area in which the proposed action is located, as well as their direct or indirect significance or connection to the project site. 7. A discussion concerning the nature of the cultural practices and beliefs, and the significance of the cultural resources within the project area, affected directly or indirectly by the proposed project. 8. An explanation of confidential information that has been withheld from public disclosure in the assessment. 9. A discussion concerning any conflicting information in regard to identified cultural resources, practices and beliefs. 10. An analysis of the potential effect of any proposed physical alteration on cultural resources, practices or beliefs; the potential of the proposed action to isolate cultural resources, practices or beliefs from their setting; and the potential of the proposed action to introduce elements which may alter the setting in which cultural practices take place. 11. A bibliography of references, and attached records of interviews which were allowed to be disclosed. The inclusion of this information will help make environmental assessments and environmental impact statements complete and meet the requirements of Chapter 343, HRS. If you have any questions, please call 586-4185. CENTER for BIOLOGICAL DIVERSITY Saving life on Earth For Immediate Release, May 9, 2025 Contact: Maxx Phillips, Center for Biological Diversity, (808) 284-0007, mphillips@biologicaldiversity.org Wayne Chung Tanaka, Sierra Club of Hawai'i, (808) 490-8579, wayne.tanaka@sierraclub.org Ashley Obrey, Native Hawaiian Legal Corporation, (808) 382-0116, ashley.obrey@nhlchi.org Hawaii Rejects Army's Proposal to Continue Bombing Sacred Pohakuloa Rejection Is Major Victory for Native Species, Cultural Rights, Public Trust Lands HONOLULU— In a powerful defense of HawaiTs environment, cultural heritage, Hawaiian rights and public lands, the state's Board of Land and Natural Resources voted today to reject the U.S. Army's final environmental impact statement for its proposed "retention" of up to 22,750 acres of state-owned land it currently leases at Pohakuloa Training Area on Hawai'i Island. The area is a U.S. military training base located in the high plateau between Mauna Loa, Mauna Kea and Hualalai. It spans more than 132,000 acres, making it the largest U.S. Department of Defense installation in the islands. The board's rejection effectively halts the Army's attempt to secure a new lease, for now. Under Hawai'i law, the Army must resubmit a revised statement that addresses the board's concerns by including necessary environmental and cultural reviews and satisfactorily responding to public and agency comments submitted on prior drafts, among other requirements. "This decision is a win for truth, for science and for the people of Hawai'i," said Maxx Phillips, Hawai'i and Pacific Islands director and staff attorney at the Center for Biological Diversity. "The board saw through the Army's hollow promises and recognized that you can't make informed decisions about protecting endangered species, sacred sites or clean water when you refuse to even do baseline surveys. This vote is a powerful affirmation that the future of these lands must be decided with integrity, not rubber-stamped based on incomplete and misleading information." For more than 75 years the military has used the 23,000 acres of state lands within the training area for military exercises, despite the lands' designation as a conservation district, status as "ceded" (lands acquired through the unlawful overthrow of the Hawaiian Kingdom) and cultural significance to Native Hawaiians. The current 65-year lease between the state and the Army is expiring in 2029 and the Army is proposing to either renew the lease or acquire the fee interest in these lands. Under Hawaii law, the environmental statement is a required first step before the state can decide on the Army's proposal. "The board's decision upholds its constitutional and fiduciary obligations to native Hawaiians and the general public, including both present and future generations," said Wayne Chung Tanaka, director of Sierra Club of Hawaii. "Pohakuloa has been bombed, burned and polluted for over six decades — and we now have a once -in -a -lifetime chance to finally say no more to such abuse of our'aina. Today's rejection of the final environmental impact statement gives us a fighting chance to restore and protect this sacred place." The decision follows decades of public outcry, expert legal and scientific critiques, and formal opposition from conservation groups, cultural practitioners and Native Hawaiian organizations to military activities. These destructive activities include live -fire exercises that have desecrated historic cultural sites, destroyed endangered species habitat, sparked more than 1,000 wildfires and left the landscape littered with everything from unexploded ordnance to depleted uranium shells. The Army's final environmental impact statement was widely criticized as legally inadequate and scientifically unsound, lacking critical biological, cultural and environmental assessments for lands that have been degraded by decades of military training. "This decision reflects well established Hawai'i law that prioritizes the health of Hawai'i lands and Native Hawaiian cultural practices over military convenience," said Ashley Obrey, senior staff attorney at the Native Hawaiian Legal Corporation. "The state has a legal duty to honor the public trust and the rights of kanaka maoli. We commend the board members for standing firm and refusing to accept a document that would have paved the way for another generation of harm to these 'aina." The Army's proposed lease extension was found to omit key environmental and cultural information including surveys for endangered species and Native Hawaiian burials and archaeological sites in large portions of the proposed lease area. The Army also failed to evaluate contamination risks to groundwater, provide an enforceable wildfire mitigation plan or meaningfully assess cultural access and consultation obligations. Moreover, it omitted entirely any analysis of the secondary impacts to adjacent federal lands that would result from the Army's "retention" of the state lands at issue, which is a key requirement of HawaiTs environmental impact statement law. The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.8 million members and online activists dedicated to the protection of endangered species and wild places. Founded in 1974, the Native Hawaiian Legal Corporation is a nonprofit legal services organization dedicated to protecting and advancing Native Hawaiian identity and culture. Formed in 1968, the Sierra Club of Hawaii has over 20,000 members and supporters working throughout the islands to stop climate change, ensure climate justice for all, and protect Hawaii's unique natural resources. The Sierra Club is the largest, oldest environmental organization in the U.S. We rely on volunteers to support outdoor education programs, trail and native species restoration projects, and grassroots advocacy for sound environmental policies. Alaska. Arizona . California . Colorado . Florida . Hawaii . N. Carolina. New Mexico . New York -Oregon . Washington, D.C. La Paz, Mexico P.O. Box 710, Tucson, AZ 85702-0710 tel (520) 623.5252 fax (520) 623.9797 Biological Diversity.org More Press Releases Programs: Endangered Species I Hawaii Region View for Email r Transect Resource Center Home Hawaii HEPA A Guide to the Hawaii Environmental Policy Act (HEPA) Requirements, Process, and Compliance • Guide • FAQ • Glossary Jurisdictional Scope: Hawaii Evaluating a site? Transect's software can help you discover and assess your ideal site in minutes. Learn MorE The Hawaii Environmental Policy Act (HEPA) plays a pivotal role in shaping the environmental landscape of the Aloha State, and this comprehensive guide serves as an essential resource for navigating its complex requirements. Through a meticulously organized and easy -to -follow structure, readers will gain a deep understanding of the Act's applicability, key provisions, and compliance obligations. The guide delves into the nuances of the environmental review process, providing valuable insights on how to effectively manage and streamline the preparation of environmental assessments and impact statements. By highlighting recent developments, regulatory outlooks, and additional resources, this guide equips readers with the knowledge and tools necessary to successfully maneuver through HEPA's legal framework while promoting sustainable and culturally sensitive development practices in Hawaii. Table of Contents GENERAL INFORMATION Key Details of the Hawaii Environmental Policy Act (HEPA) Overview of the Hawaii Environmental Policy Act (HEPA) What does the Hawaii Environmental Policy Act (HEPA) protect? REGULATORY SCOPE & JURISDICTION Regulated Activities & Entities Structure and Key Provisions COMPLIANCE REQUIREMENTS & STANDARDS Regulatory Standards & Limitations Monitoring, Reporting & Recordkeeping Obligations Enforcement Actions & Penalties ADDITIONAL RESOURCES Recent Developments & Regulatory Outlook Additional Resources REFERENCES GENERAL INFORMATION Key Details of the Hawaii Environmental Policy Act (HEPA) Issuing Agency: The State of Hawaii Office of Environmental Quality Control (OEQC) and the Environmental Council Year Established: 1974 Last Amended: 2012 Statutory Authority: The Hawaii Environmental Policy Act, Chapter 343 of the Hawaii Revised Statutes Primary Legal Reference: Chapter 343 of the Hawaii Revised Statutes and Title 11, Chapter 200.1 of the Hawaii Administrative Rules Overview of the Hawaii Environmental Policy Act (HEPA) The Hawaii Environmental Policy Act (HEPA) is a state -level environmental regulation that operates within the broader framework of Hawaii's environmental laws. HEPA aims to protect the environment, natural resources, and the public health and welfare of the people of Hawaii by establishing a system of environmental review for proposed actions that may significantly affect the environment.[^1] HEPA is administered and enforced by the State of Hawaii Office of Environmental Quality Control (OEQC) and the Environmental Council. The Act was first enacted in 1974 and has undergone several amendments, with the most recent significant update occurring in 2012. [A2] The primary mechanism of HEPA is the requirement for state and county agencies to consider the environmental consequences of proposed actions before making decisions. This is achieved through the preparation of environmental assessments (EAs) and environmental impact statements (EISs) for certain types of projects. [A31 HEPA applies to a wide range of proposed actions, including those that: 1. Use state or county lands or funds 2. Use conservation district lands 3. Use shoreline areas 4. Use historic sites 5. Involve reclassification of conservation lands 6. Require amendment to a county general plan [A4] What does the Hawaii Environmental Policy Act (HEPA) protect? The Hawaii Environmental Policy Act (HEPA) protects a wide range of environmental resources in the state of Hawaii, including air, water, land, flora, fauna, and cultural resources. HEPA aims to safeguard these resources from potential adverse impacts caused by proposed actions, such as development projects, land use changes, and government programs. [A5] The Act achieves this protection by requiring a thorough environmental review process that identifies, evaluates, and discloses the potential environmental impacts of these actions, as well as considers alternatives and mitigation measures to minimize any negative effects. [A6] ["1]: Haw. Rev. Stat. § 343-1 (2012). [A2]: State of Hawaii Office of Environmental Quality Control. (n.d.). [A3]: Haw. Rev. Stat. § 343-5 (2012). [A4]: Haw. Rev. Stat. § 343-5(a) (2012). ["5]: Haw. Rev. Stat. § 343-1 (2012). [A6]: Haw. Rev. Stat. § 343-2 (2012). REGULATORY SCOPE & JURISDICTION Regulated Activities & Entities The Hawaii Environmental Policy Act (HEPA) is a state law that establishes a system of environmental review for proposed actions that may significantly affect the environment. HEPA applies to a wide range of activities and entities, including state and county agencies, private developers, and individuals. The purpose of HEPA is to ensure that environmental concerns are given appropriate consideration in decision -making along with economic and technical considerations. Under HEPA, the following activities are subject to environmental review: 1. Use of state or county lands or funds 2. Use of conservation district lands 3. Use of the shoreline area 4. Use of historic sites or districts 5. Reclassification of conservation lands 6. Construction or modification of helicopter facilities 7. Wastewater treatment unit projects 8. Waste -to -energy facility projects 9. Landfill projects 10. Oil refineries or power -generating facilities These activities are regulated due to their potential for significant environmental impacts, such as air and water pollution, habitat destruction, and adverse effects on cultural and historical resources. Structure and Key Provisions The Hawaii Environmental Policy Act is structured into several key sections, each addressing a specific aspect of the environmental review process. The main sections include: Definitions (§343-2) This section provides definitions for important terms used throughout the regulation, such as "acceptance," "action," "agency," "applicant," "approval," "council," "discretionary consent," "environmental impact statement," and "significant effect." Applicability (§343-5) This section outlines the circumstances under which an environmental assessment (EA) or environmental impact statement (EIS) is required. It specifies the types of actions that trigger environmental review, such as those using state or county lands or funds, those in the shoreline area, and those affecting historic sites. Environmental Assessment Process (§343-5) This section describes the process for preparing and publishing an EA, including the contents of the document, public comment periods, and the determination of whether an EIS is required based on the significance of potential impacts.! Environmental Impact Statement Process (§343-5) When an EIS is required, this section outlines the process for preparation, including the publication of a draft EIS, public comment period, and the preparation of a final EIS. It also covers the acceptance and publication of the final EIS. Supplemental Environmental Impact Statements (§343-5) This section addresses the circumstances under which a supplemental EIS may be required, such as when there are substantial changes to the proposed action or significant new information becomes available.3 It is essential for those engaged in activities regulated under HEPA to consult the full text of the regulation and work closely with the relevant state and county agencies to ensure compliance with all applicable requirements. The environmental review process can be complex, and early consultation with agencies and environmental professionals can help identify potential issues and streamline the process. COMPLIANCE REQUIREMENTS & STANDARDS Regulatory Standards & Limitations The Hawaii Environmental Policy Act (HEPA) establishes various standards and limitations to protect the environment and public health. These may include emissions limits for air and water pollutants, performance standards for certain industries or activities, and other relevant metrics. The specific standards and limitations vary depending the type of project and the potential environmental impacts involved. Implementation and enforcement of these standards are carried out by the relevant state agencies, such as the Hawaii Department of Health and the Office of Environmental Quality Control. Developers and consultants must work closely with these agencies to ensure their projects comply with the applicable standards and limitations set forth by HEPA. Monitoring, Reporting & Recordkeeping Obligations Under HEPA, regulated entities are subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with the established standards and limitations and to provide transparency and accountability in the environmental review process. The specific monitoring, reporting, and recordkeeping requirements may vary depending on the nature and scope of the project. Developers and consultants should engage with the relevant state agencies early in the planning process to understand and fulfill these obligations for their specific projects. This may involve developing and implementing monitoring plans, submitting regular reports on environmental performance, and maintaining accurate records of compliance activities. Enforcement Actions & Penalties The state agencies responsible for implementing HEPA, such as the Hawaii Department of Health and the Office of Environmental Quality Control, have the authority to take enforcement actions against entities that violate the provisions of the act or fail to comply with the established standards and limitations. Enforcement actions may include notices of violation, administrative orders, or civil and criminal penalties, depending on the severity and nature of the violation. To avoid enforcement actions and potential penalties, developers and consultants should prioritize proactive compliance and early engagement with the relevant agencies. It is crucial for readers to consult the full text of HEPA and work closely with the appropriate state agencies to understand the specific enforcement provisions and penalty structures that may apply to their projects. By doing so, they can ensure compliance and minimize the risk of enforcement actions that could result in significant financial and reputational consequences. ADDITIONAL RESOURCES Recent Developments & Regulatory Outlook In recent years, the Hawaii Environmental Policy Act (HEPA) has undergone several notable developments that have shaped the current regulatory landscape. One of the most significant changes was the passage of Act 50 in 2000, which amended HEPA to require the consideration of cultural impacts in environmental assessments and environmental impact statements 4. This amendment has had a profound impact on the way developers and environmental consultants approach projects in Hawaii, as it necessitates a more comprehensive evaluation of a project's potential effects on Native Hawaiian cultural practices and resources. Another important development was the Hawaii Supreme Court's decision in the case of Sierra Club v. Department of Transportation of the State of Hawaii in 2004 5. This decision clarified the scope of HEPA's applicability, confirming that the act applies to all state and county agencies, including those that are not primarily environmental in nature. This ruling has expanded the range of projects subject to HEPA review and has underscored the importance of compliance for all state and county -funded or approved actions. Looking ahead, there are several proposed amendments and potential policy shifts that could further modify the implementation of HEPA. For example, there have been ongoing discussions about streamlining the environmental review process for certain types of projects, such as affordable housing developments or renewable energy installations. While these proposals have not yet been adopted, they reflect a growing interest in balancing environmental protection with other critical societal needs. To stay informed about these and other developments related to HEPA, stakeholders should regularly monitor the websites of key agencies, such as the Hawaii Office of Environmental Quality Control (OEQC) and the Department of Health's Environmental Planning Office. These agencies often publish news updates, draft Additional Resources Hawaii Environmental Policy Act (HEPA) Statute: The full text of the HEPA statute, including all amendments to date. Hawaii Administrative Rules, Title 11, Chapter 200.1: The administrative rules that govern the implementation of HEPA, including detailed requirements for environmental assessments and environmental impact statements. OEQC Environmental Assessment and Environmental Impact Statement Online Library: A searchable database of environmental assessments and environmental impact statements prepared under HEPA, maintained by the Office of Environmental Quality Control. HEPA Guidance Document for Sustainable Buildings: A guidance document prepared by the State of Hawaii Department of Business, Economic Development & Tourism to assist developers and designers in incorporating sustainable building practices into their projects while complying with HEPA. Cultural Impact Assessment: Guidelines for Assessing Cultural Impacts: A guidance document prepared by the Environmental Council to assist agencies, applicants, and consultants in assessing the cultural impacts of proposed actions, as required by Act 50. REFERENCES 1. Hawaii Administrative Rules, §11-200.1-18 Preparation and contents of a draft environmental assessment. https://health.hawaii.gov/opppd/files/2019/08/11- 200.1.p�Qff, Accessed May 25, 2023. L] 2. Hawaii Administrative Rules, §11-200.1-23 Consultation prior to filing a draft environmental impact statement. https://health.hawaii.gov%oopppd/files/2019/08/11- 200.1.pdf, Accessed May 25, 2023. IS 3. Hawaii Administrative Rules, §11-200.1-30 Supplemental environmental impact statements. https://health.hawaii.gov/opppd/files/2019/08/11-200.1.p f, Accessed May 25, 2023. 4. Act 50, SLH 2000.13 5. Sierra Club v. Department of Transportation of the State of Hawai'i,167 P.3d 292 (Haw. 2004). IS Keep up wimne latest Subscribe to the Transect Blog Your email A Note to OurReaders. We hope this guide is a valuable resource in helping you better understand the HEPA. However, it s not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project -specific guidance. Platform What's New Site Assessment Community Sentiment Services Marketplace Industries Renewable Energy Data Center Midstream Real Estate EPC Environmental Consulting Resources Use Cases Blog Webinars & Podcasts eBooks Insight Resource Center Free Site Assesment Mini Report fl "nV"ice 11-w-N InI/ About Us Leadership Team Advisors Careers What's New Events In The News Contact Us Website Terms Privacy Policy Acceptable Use Policy 2024 © Transect Inc. Pohakuloa: A Land Besieged By Puanani Fernandez-Akamine - September 1, 2024 For 75 years, mostly hidden from sight, Pohakuloa, a high plateau in the center of Moku o Keawe, has been used for military live -fire training. This has damaged the 'aina (including the habitats of endangered species), contaminated the soil and imperiled the water table. In this photo, dust partially obscuring troop movement provides a visual metaphor of the problem. - Photo: Bobby Camara The wao akua (godly realm) of Pohakuloa is a high plateau in the center of Moku o Keawe. Created over millennia by ancient lava flows from Maunakea to its north, Maunaloa to its south and Hualalai to its west, at its lowest point Pohakuloa sits at an elevation of 6,200 feet. It is a vast area encompassing more than 200 square miles of land. 1 of2 < > Although 133,000 acres ofland at Pohakuloa is controlled by the military, the land there is zoned for conservation and home to nearly two dozen endemic threatened or endangered plant species, such as this pamakani (Tetramolopium stemmermanniae). - Photo: Steve Evans Evidence of its volcanic origin is revealed in the windswept, desert landscape, especially in its westerly reaches, although there is the occasional kipuka (oasis) hidden throughout. Pohakuloa is home to many rare, native species of plants and animals, and it includes a portion of the last remaining sub -alpine tropical dryland ecosystem in the world. It is a conservation zone. For centuries, Pohakuloa was a place set aside; a realm of deities and elemental spirits. Although it might see corporeal travelers from time to time, there were no permanent settlements. Still, it is not devoid of human fingerprints. Sometime around the turn of the 16th century, celebrated ali'i nui Umi-a-Liloa built a kuahu (altar) and watchtower in Pohakuloa at the place known as Pu'u Ke'eke'e. There is an otherworldly aspect to Pohakuloa. It is no wonder that many iwi kupuna were laid to rest there. It is therefore hurtful and an affront to many Kanaka 'Oiwi that this sacred space has been defiled by 75 years of military training exercises. The Need to Restore Pono Pohakuloa Training Area Map — PDF Format E. Kalani Flores is a professor at Hawai'i Community College, a cultural practitioner, and long-time kia'i who has walked the lands of Pohakuloa. He served for about 10 years on the U.S. Army's Pohakuloa Training Area (PTA) cultural advisory committee — until his activism earned him a premature dismissal from the group. Years ago, during a site visit to Pohakuloa with the cultural advisory committee, Flores became aware of a place called Pu'u Koli that straddles the eastern boundary between PTA and state lands. Flores immediately knew that Pu'u Koli was special. Atop the pu'u (hill) there was an ahu (shrine) and the opening of a lava tube that he likened to a woman's womb. "When you look at a map, this pu'u is actually the center of the island," he said. "There are certain points that are what we call piko (centers). Pu'u Koli is the energetic piko of the island." Flores explained that this particular piko is a intersection of energy lines within the earth and that certain ancestors would walk these lines to keep them intact and maintain balance between the spiritual and physical realms. He believes that there are areas throughout the pae 'aina, and at certain cultural sites, where energy lines intersect. An example is Kukaniloko on Oahu, the site of the famous birthing stones. It is also considered an energetic piko. Flores uses acupuncture as an analogy to explain the concept. "Acupuncture works on the premise that the body has energy lines running through it. If an energy line is not flowing properly [causing pain or illness], the acupuncturist tries to restore it by focusing on certain energy points. We have energy lines that run through us. And so does the earth." Flores says that we can leave an imprint on the land whenever we interact with it. He refers to this as "human energetic energies" and says that those imprints can be positive, negative or neutral. Which is why restoring lokahi (harmony) and pono (balance) to Pohakuloa is so important. Military activity in that area has resulted in tremendous destruction and disturbance causing the natural elements to be out of balance. "The military is creating and inflicting an energy of killing and war and everything associated with it at Pohakuloa;" he said. "That is the energetic imprint that they're leaving right in the center of our island." Depleted Uranium in the Soil F110 The artillery impact zone at PTA is 51,000 acres and, after 75 years of live -fire training, is considered too dangerous to clean. Pictured above are spent weapon casings outside of the impact zone. - Courtesy Photo Long-time Hawai'i-based social justice and peace activist Jim Albertini has been an outspoken critic of the military's misuse of Pohakuloa for decades. According to Albertini, millions of live rounds are fired annually at PTA and he notes that, "B-52 and B-2 bombers fly non-stop missions to and from Louisiana, Missouri and Guam to drop bombs on Pohakuloa." But beyond the damage that conventional weapons inflict upon the 'aina, and the violence they represent, Albertini is particularly concerned about the presence of depleted uranium (DU) at Pohakuloa. In 2007, it was discovered that spotting rounds containing DU, a radioactive heavy metal, had been fired at Pohakuloa in the 1960s for Davy Crockett nuclear weapon system training. According to the U.S. Army, the Davy Crockett is "a battalion -level nuclear -capable recoilless weapon" deployed between 1961-1971. DU is what remains after uranium-235 is extracted from uranium that has been mined to make nuclear weapons and reactors. In addition to its use in spotting rounds, DU was later used to make other munitions, including armor -piercing missiles. It is highly explosive. At a Hawai'i County Council meeting in 2008, U.S. Army Garrison Hawaii Commander Col. Howard Killian confirmed that DU spotting rounds had been fired at Pohakuloa. "Col. Killian testified that, based on the number of people certified at PTA to fire the Davy Crockett nuclear weapon system, the number of DU spotting rounds fired at PTA during the 1960s was about 2,000;" said Albertini. "He also said that DU weapons have been banned in training since 1996,' suggesting that other DU weapons have also been used at P6hakuloa — so it is likely that there is much A more DU there than what was used in the spotting rounds in the 1960s." When DU rounds explode, some of the uranium settles onto the ground and the rest becomes aerosolized, meaning it can be inhaled and carried on the winds. And the half-life of DU (meaning the time it takes for the DU to decrease to half of its initial value) is a staggering 4.5 billion years. This means that when current live -fire exercises at Pohakuloa disturb the soil, there is still radioactive DU in the resulting dust clouds that can be aerosolized and blown across the island. Albertini explained that the DU radiation at PTA is made up primarily of alpha particles. Inhaled, they travel through the lymph system causing cancers and other diseases. It can also affect a person's DNA and cause genetic damage that will be passed down to future generations. To address the hazards of DU at PTA, Puna Councilwoman Emily Nae'ole introduced Resolution 639-08 which the Hawai'i County Council passed in July 2008. It outlined an eight -point plan. Item number one: "Order a complete halt to B-2 bombing missions and to all live firing exercises and other activities at the Pohakuloa Training Area that create dust until there is an assessment and clean up of the depleted uranium already present." But the county's resolution was not acted upon by the U.S. military and live -fire exercises at P6hakuloa continued unabated. Our `Aina is Not For War Games 1 of7 < > The violence that the military represents and the human cost of war weighs heavily on Maxine Kahaulelio. She lost her brothers, Robert S. Andrade and Kenneth S. Andrade, in the Vietnam War. Though nearly 60 years have passed, her eyes fill with tears and her voice is heavy with emotion when she talks about them. A "In the Vietnam War so many of our local boys died. A lot of families were broken up because the military killed their husbands, their fathers, their brothers," Kahaulelio reflected. "That is why I chose to fight." And fight she has. In 1977, Kahaulelio was arrested on Kaho'olawe — part of the "'elima landing" of kia'i protesting the bombing. And she has been actively fighting the bombing of P6hakuloa for decades. Hawai'i is one of the most militarized states in the United States. Overall, the U.S. military controls almost 223,000 acres (about 5%) of land in the pae 'aina — and fully 21% of the land on the island of O'ahu. Kahaulelio says our congressional representatives are to blame. "Our congressional representatives are supposed to be helping us and making good decisions for our'aina. They could stop all this but they don't. Why? The money." Kahaulelio isn't wrong. In a May 23, 2024, press release, Congressman Ed Case announced that the 2025 Military Construction, Veterans Affairs and Related Agencies Appropriations bill approved by the U.S. House Committee on Appropriations includes over $1.55 billion in military construction projects for Hawai'i — the most for any state. "So much money to the military," grieved Kahaulelio. "We got hungry kids and schools falling apart, but the military gets millions? To what? Make more bombs to kill and keep killing? "The military is even using our Hawaiian home lands — Makua, Bellows, P6hakuloa — while our people wait 40 years on the waiting list. How much more are they going to take from us?" In 2014, Kahaulelio and her childhood friend and fellow P6hakuloa kia'i Clarence "Ku" Kauakahi Ching, a retired attorney and lineal descendant of Umi-a-Liloa, filed a lawsuit against DLNR for its failure to monitor or malama the P6hakuloa lands that they leased to the U.S. Army back in 1964. According to the Native Hawaiian Legal Corporation which represented Kahaulelio and Ching, DLNR's 65-year lease agreement allows the Army to use nearly 23,000 acres at P6hakuloa but stipulates that they are required to "make every reasonable effort to remove or deactivate all live or blank ammunition upon completion of a training exercise or prior to entry by the said public, whichever is sooner." The lease also requires DLNR to monitor the Army's compliance with the lease agreement. However, DLNR could not provide records demonstrating that the Army was complying with the conditions for its use of state-owned land at P6hakuloa. After four years, in April 2018, First Circuit Court Judge Gary Chang ruled in favor of Kahaulelio and Ching noting the state's failure to "malama 'aina." A Chang found that DLNR had breached its trust duties to conduct inspections to ensure that the lands were not harmed by the Army. He ordered the state to develop a management plan for PTA that includes site inspections and detailed reports. Chang also concluded that, "The Defendants would further breach their trust duties if they were to execute an extension, renewal ... or enter into a new lease of the PTA, without first determining (in writing) that the terms of the existing lease have been satisfactorily fulfilled, particularly with respect to any lease provision that has an impact upon the condition of the Pohakuloa leased lands." DLNR appealed the decision to the Hawai'i Supreme Court. In August 2019, the Supreme Court upheld Chang's overall ruling, but weakened it by making some of Chang's requirements "recommendations." "If you read our court papers the decision is really wishy washy," Kahaulelio said. "'Go in there and clean up.' But it's not mandatory. That's why we're having a hard time. This is 2024. Has the military stopped bombing? No. Are they listening to the Supreme Court? No." To date, there is no indication that DLNR has complied with the court's ruling; no management plan for Pohakuloa has been developed or shared. And when DLNR was contacted regarding the status of the court -ordered PTA management plan, their representative did not respond. Ho`ola Hou `o Pohakuloa The lele (altar) bearing ho'okupu (offerings) placed at Pu'u Ke'eke'e during last year's Makahiki celebration at Pohakuloa. - Photo: Luana Busby -Neff It is difficult not to compare the struggle to end military training at Pohakuloa to efforts in A the 1970s and 80s to stop the bombing of Kaho'olawe. Decades of military training at both places has caused irrevocable harm to the 'aina. In an unbelievably reckless experiment designed to simulate an atomic blast and determine how a such a blast would affect U.S. warships, in 1965 the Navy detonated a series of three bombs, each comprised of 500 tons of conventional TNT, on Kaho'olawe's southeastern shore. The now infamous "Operation Sailor Hat" left a massive crater and cracked the caprock of Kaho'olawe's aquifer, allowing sea water to seep in and freshwater to seep out, permanently damaging it and diminishing the island's ability to support life. Cultural practitioners Craig Neff and Luana Palapala Busby -Neff have been involved with the Protect Kaho'olawe 'Ghana since the 1980s, and active in ongoing efforts to restore the island to health. They are deeply concerned about the potential damage to the massive aquifer located directly beneath Pohakuloa at an elevation of 4,500 feet. "Water is life for us;" Neff explained. 'And the aquifer at Pohakuloa is one of the most pristine aquifers in Hawai'i. It's the deepest, it's the widest, and it's part of the historical, cultural, and spiritual significance of this land base that has been occupied and desecrated and bombed." "Our oli and pule are the data that explain the landscape and the environment;" Busby -Neff noted. "Through our mele, mo'olelo and mo'oku'auhau (genealogy) the waiwai (wealth) of the 'aina is revealed and our kuleana to love and care for these spaces is established so that they are able to flourish and thrive." As part of their kuleana to mMama and re -green Kaho'olawe, Neff and Busby -Neff have celebrated Makahiki on the island for years. Makahiki is the season of Lono, the god associated with rainfall, agriculture, fertility, music and peace. Neff is a mo'olono, a cultural practitioner trained to conduct ceremonies to honor Lono. About seven years ago, he and a small hui of practitioners known as Na Kia'i o Pohakuloa approached the Army commander at PTA asking for permission to conduct Makahiki ceremonies at Pohakuloa in an effort to help heal the land there. He notes that while political advocacy and peaceful protest are important, the most important way to address what is happening at Pohakuloa is through pule (prayer). "We wanted to start with pule and call in Lono and honor him so that he would come back," Neff explained. The commander agreed to their request and, for the past seven years, Na Kia'i o Pohakuloa has conducted opening and closing Makahiki ceremonies at Pu'u Ke'eke'e, the place where Umi-a-Liloa built his kuahu and watchtower — a site he selected because of its strategic vantage point. It is also near to Pu'u Kepele where the moku (land divisions) of Kona, A Hamakua and Kohala meet. They have no binding agreement with PTA. Each year, they formally request specific dates for their Makahiki ceremonies. And every few years, as PTA commanders rotate in and out, they have to establish new relationships with each one to ensure that they will be allowed access to Pu'u Ke'eke'e. "Maybe the third year that we celebrated Makahiki at Pohakuloa we asked the commander if we could leave our lele (altar) and ho'okupu (offerings) in place for the entire season," Neff recalled. "He agreed but his staff wasn't too happy about it. Although the commander put out the word to leave it be, when we came back, someone had desecrated it — torn down the lele and thrown our ho'okupu into the bushes. You know, it not only shows their lack of knowledge and education, but their disrespect for the Hawaiian culture." A Kuleana to Wlama `aina i of2 < > In every way, the struggle to protect Pbhakuloa is a clash between worldviews and values that are as far apart as the east is from the west. And as it was in the 70s and 80s, confronting the most powerful military force on the planet is daunting. "The United States military is a business, a machine that generates billions of dollars so they want to keep that machine alive," said Busby -Neff. "But our consciousness is changing. Our understanding of our kuleana to the places and spaces that we live in is changing. It's a whole new generation." "People today are more educated about the environment and aloha 'aina;" added Neff. "Times have changed. The world has changed. There's a different mindset within people. We cannot just desecrate and destroy 'aina for national defense." W "What is happening now at Pohakuloa is like a reflection of what happened at Kaho'olawe," Flores observed. "A few people said, 'hey this shouldn't be happening.' And then more people became aware and were like 'hey what are we doing?' And eventually there was a shift in consciousness." But awareness is only the first step. Action must follow and those who have taken on the kuleana of advocating for the 'aina at Pohakuloa insist that military live -fire training must be stopped. "As Kanaka, if we're not trying to protect our lands and our resources and our cultural sites and our practices from what has been happening — why not?" asked Flores. "Whatever happens ma uka comes ma kai," Albertini noted. "Despite assurances from the fox and the mongoose that everything is fine in the hen house, we are all downwind and downhill of Pohakuloa. A conservation district is not for firing bombs, rockets, mortars, etc. How much more basic can you get?" "If the state renews the lease with the Army they're just as guilty as the military for the destruction of the 'aina;" Neff remarked. "They are entrusted to preserve and malama the 'aina, not destroy it." "They have to return that land. It was beautiful. Created by Ke Akua," lamented Kahaulelio. "But it's all damaged. The radiation is high. Bullets all over the place. It's a wreck. How much more land do they want?" "It's important to get the word out, get people activated, and get our lahui together to address this as a collective," Busby -Neff said. "It's not even a protestation. It's more of an affirmation of the spaces that we hold and honor — and informing the entities that inhabit those spaces that we understand that what is happening there is unacceptable. That we understand the specialness of that place and that the bombing must stop." "I will fight this until I don't have breath in my body," vowed Kahaulelio. "Because they've got to be stopped. Enough already. And people have got to rise. They've got to ku'e. They've got to stand up and fight." Puanani Fernandez-Akamine Puanani Fernandez-Akamine is the editor of Ka Wai Ola newspaper and a multiple award -winning journalist. Before joining OHA in 2019, she worked for Kamehameha Schools. She is passionate about helping our lahui tell their stories in their own words to inform, uplift and inspire. She cares deeply about social justice, Indigenous sovereignty, aloha 'aina and animal welfare. Puanani lives in the 'aina momona of Kahalu'u, O'ahu, with her extended 'ohana and lots of dogs. Aloha Ke Akua. Aloha kekahi i kekahi. A http://-,ww.capitol.liawaii.gov/session2000/acts/Act050_HB2895_HD 1 _.htm REPORT TITLE: Environmental Impact DESCRIPTION: Amends the environmental impact statement law by amending the definition of "environmental impact statement" or "statement" to include effects on the cultural practices of the community and State. Also amends the definition of "significant effect" to include adverse effects on cultural practices. (HB2895 HD1) http://www.capitol.hawaii.gov/session2000/acts/Act050_HB2895_HD I jitm (l of 6)8/19/2009 8:50:23 AM http://-,ww.capitol.liawaii.gov/session2000/acts/ActO50_HB2895_HD 1 _.htm HOUSE OF REPRESENTATIVES TWENTIETH LEGISLATURE, 2000 STATE OF HAWAII A BILL FOR AN ACT H.B. NO. RELATING TO ENVIRONMENTAL IMPACT STATEMENTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 2895 H.D. 1 1 SECTION 1. The legislature finds that there is a need to 2 clarify that the preparation of environmental assessments or 3 environmental impact statements should identify and address 4 effects on Hawaii's culture, and traditional and customary 5 rights. 6 The legislature also finds that native Hawaiian culture 7 plays a vital role in preserving and advancing the unique quality http://www.capitol.hawaii.gov/session2000/acts/ActO50_HB2895_HD I_.htm (2 of 6)8/19/2009 8:50:23 AM http://www.capitol.hawaii.gov/session2000/acts/ActO50_HB2895_HD1_.htm 8 of life and the "aloha spirit" in Hawaii. Articles IX and XII of 9 the state constitution, other state laws, and the courts of the 10 State impose on government agencies a duty to promote and protect 11 cultural beliefs, practices, and resources of native Hawaiians as 12 well as other ethnic groups. 13 Moreover, the past failure to require native Hawaiian 14 cultural impact assessments has resulted in the loss and 15 destruction of many important cultural resources and has 16 interfered with the exercise of native Hawaiian culture. The 17 legislature further finds that due consideration of the effects 18 of human activities on native Hawaiian culture and the exercise 19 thereof is necessary to ensure the continued existence, 20 development, and exercise of native Hawaiian culture. Page 2 2895 H.B. NO. H.D. 1 1 The purpose of this Act is to: 2 (1) Require that environmental impact statements include 3 the disclosure of the effects of a proposed action on http://www.capitol.hawaii.gov/session2000/acts/ActO50_HB2895_HDl_.htm (3 of 6)8/19/2009 8:50:23 AM http://www.capitol.hawaii.gov/session2000/acts/ActO50_HB2895_HD1_.htm 4 the cultural practices of the community and State; and 5 (2) Amend the definition of "significant effect" to include 6 adverse effects on cultural practices. 7 SECTION 2. Section 343-2, Hawaii Revised Statutes, is 8 amended by amending the definitions of "environmental impact 9 statement" or "statement" and "significant effect", to read as 10 follows: 11 ""Environmental impact statement" or "statement" means an 12 informational document prepared in compliance with the rules 13 adopted under section 343-6 and which discloses the environmental 14 effects of a proposed action, effects of a proposed action on the 15 economic [and] welfare, social welfare, and cultural practices of 16 the community and State, effects of the economic activities 17 arising out of the proposed action, measures proposed to minimize 18 adverse effects, and alternatives to the action and their 19 environmental effects. 20 The initial statement filed for public review shall be 21 referred to as the draft statement and shall be distinguished 22 from the final statement which is the document that has 23 incorporated the public's comments and the responses to those http://www.capitol.hawaii.gov/session2000/acts/ActO50_HB2895_HDl_.htm (4 of 6)8/19/2009 8:50:23 AM http://www.capitol.hawaii.gov/session2000/acts/ActO50_HB2895_HD1_.htm Page 3 2895 H.B. NO. H.D. 1 1 comments. The final statement is the document that shall be 2 evaluated for acceptability by the respective accepting 3 authority. 4 "Significant effect" means the sum of effects on the quality 5 of the environment, including actions that irrevocably commit a 6 natural resource, curtail the range of beneficial uses of the 7 environment, are contrary to the State's environmental policies 8 or long-term environmental goals as established by law, or 9 adversely affect the economic [or] welfare, social welfare[.], or 10 cultural practices of the community and State." 11 SECTION 3. Statutory material to be repealed is bracketed. 12 New statutory material is underscored. 13 SECTION 4. This Act shall take effect upon its approval. http://www.capitol.hawaii.gov/session2000/acts/ActO50_HB2895_HDl_.htm (5 of 6)8/19/2009 8:50:23 AM http://www.capitol. hawaii.gov/session2000/acts/ActO50_HB2895_HD 1 _.htm http://www.capitoLhawaii.gov/session2000/acts/ActO50_HB2895_HD1_.htm (6 of 6)8/19/2009 8:50:23 AM