HomeMy WebLinkAboutCOM 0377.005 2024-2026PCENRM
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COMM.377
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"Man is merely the caretaker of the land that maintains his life and
nourishes his soul. Therefore, the `aina is sacred." George Helm
July 18, 2025
TO: Hawaii County Council - Policy Committee on Environmental and Natural
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Resource Management
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FR: B. Pua Case & E. Kalani Flores, Representatives of the Flores -Case `Ghana
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RE: SUPPORT for Resolution 234-25
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The Flores -Case `Ohana SUPPORTS Hawaii County Council Resolution 234-25 Draft 1
for all the reasons listed in this resolution as well as those referenced in this testimony.
An essential aspect of Kanaka Maoli (Native Hawaiian) beliefs and customary practices is the
cultural perspective of aloha `aina (deep love, reverence, and respect for the land). It's an
understanding that humanity is intimately connected to Papahanaumoku (Earth Mother) and thus
strive to live in lokahi (harmony) with her because humans are merely the caretakers of the land
that maintains their life and nourishes their souls. Therefore, the `aina is considered sacred. In
particular, Pohakuloa encompasses a sacred landscape that is interconnected with the mountains
of Mauna a Wakea, Mauna Loa, and Hualalai. Also, the energetic piko of Hawaii Island is
centered within Pohakuloa. Past and ongoing military operations and activities at the Pohakuloa
Training Area (PTA) that have occurred over seventy years have caused severe desecration,
destruction, and disruption to the physical environment and natural energy fields on this island.
Flores -Case `Ghana Testimony
Pohakuloa - Res. 234-25 D1 Comas. INC
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Ref. Date UL 2 2 202
Furthermore, the war associated activities imprint an energetic disturbance in the area that also
adversely impacts ancestral akua, `aumakua, kupua, kia `i and others connected .to the area of
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Pohakuloa. These types of activities create a physical and spiritual disturb nce, disconnection,
and imbalance between man and the Creator, and between man and his environment.
Consequently, the cumulative significant, substantial, and adverse impacts resulting from the
continued activities and live -fire training at Pohakuloa would further contribute to the
desecration and destruction on Hawaii Island and everything and everyone connected to it at
various levels and dimensions.
Conclusively, the U.S. Army, State Board of Land and Natural Resources (BLNR), and
Department of Land and Natural Resources (DLNR) have the affirmative duty and legal
obligations to protect the biological and cultural resources, public land trust, and rights/practices
of the public and Kanaka Maoli (aka Native Hawaiians) associated with PTA.
ADDITIONAL REASONS IN SUPPORT OF RESOLUTI.O,N
• The live -fire exercises are adversely impacting the `diva, the water aquifer, and the
energetic piko of Moku o Keawe.
• The U.S. Army would further contribute to the intergenerational trauma and negative
well-being of Kanaka Maoli with the bombing of Papahanaumoku.
• The U.S. Army is also not in compliance with the National Historic Preservation Act
(NHPA). A comprehensive archaeological inventory survey for PTA including the
state -leased lands has failed to be conducted. This has resulted in a number of eligible
historic properties not being nominated to the National Register of Historic Places
(NRHP).
• The Army Training Land Retention FEIS for PTA was incomplete, inadequate, deficient,
and failed to be in compliance with the National Environmental Policy Act (NEPA) and
Hawaii Environmental Policy Act (HEPA) as well as other relevant rules and statutes.
The U.S. Army failed to complete an accurate assessment of Traditional Cultural
Properties (TCPs) and properties of traditional religious and cultural importance
(PTRCIs) to Native Hawaiians within PTA. The FEIS did not comply with the
requirements of HEPA that explicitly stipulates that EISs must disclose any adverse
effects on cultural resources or traditional cultural practices. Consequently, the failure to
properly complete an adequate Cultural Impact Assessment (CIA) and appropriate
assessment of TCPs and PTRCIs, the Army is not capable of accurately assessing the
Flores -Case `Ghana Testimony
Pohakuloa - Res. 234-25 D 1
2
effects on cultural resources and associated cultural practices. In addition, a required
Section 106 consultation process was not done for the FEIS.
• Continued live -fire exercises would compound the problem to properly clean-up the
UXO in the impact area in the future as demonstrated with the inability to clean-up
Kaho`olawe. In addition, these exercises would contribute further to pollutant migration
and the introduction of additional weapons related contaminants to soil and water already
contaminated by military activities. Also, these exercises have started wildfires that have
adversely impacted endangered and threatened species as well as the natural and cultural
resources in this area.
• The U.S. Army has failed to justify the use of PTA by developing and implementing a
process to update periodically its strategic plan —Range and Training Land Strategy —to
reflect current training needs and provide a comprehensive assessment of the Army's
total land requirements in the Pacific including other installations beyond the Pacific.
Army guidance for the acquisition of training land should provide overall guidance for
Army installations and be in alignment with DOD policy by requiring Army installations
to, among other things, evaluate the economic feasibility of each alternative for all
potential training land acquisition projects. In addition, the regulation requires an
assessment of anticipated environmental impacts and requires that Army installations
develop a major land acquisition proposal document that includes, where applicable, a
summary of the feasibility analysis as well as a list of potential environmental impacts
that must be submitted to the Under Secretary of Defense for Acquisition, Technology,
and Logistics before an installation issues any official notices to the public. It's contended
that this DOD policy has not not been followed.
• The State of Hawaii doesn't have legal title to transfer ownership or exchange lands that
were illegally `ceded' to the U.S. Furthermore, Kanaka Maoli never directly relinquished
their claims to their Hawaiian national lands.
• Pursuant to the Admission Act of 1959, Section 5(f), the military use of these public
lands isn't one of the five trust purposes, "The lands granted to the State of Hawaii by
subsection (b) of this section and public lands retained by the United States under
subsections (c) and (d) and later conveyed to the State under subsection (e), together with
the proceeds from the sale or other disposition of any such lands and the income
therefrom, shall be held by said State as a public trust for the support of the public
schools and other public educational institutions, for the betterment of the conditions of
native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as
Flores -Case `Ghana Testimony
P6hakuloa - Res. 234-25 D1
amended, for the development of farm and home ownership on as widespread a basis as
possible for the making of public improvements, and for the provision of lands for public
use. Such lands, proceeds, and income shall be managed and disposed of for one or more
of the foregoing purposes in such manner as the constitution and laws of said State may
provide, and their use for any other object shall constitute a breach of trust for which suit
may be brought by the United States. The schools and other educational institutions
supported, in whole or in part out of such public trust shall forever remain under the
exclusive control of said State; and no part of the proceeds or income from the lands
granted under this Act shall be used for the support of any sectarian or denominational
school, college, or university."
• In addition, the military use of these public lands are in violation of the public trust and
the Hawaii State Constitution Article XII Section 4 — "The lands granted to the State of
Hawaii by Section 5(b) of the Admission Act and pursuant to Article AVI, Section 7, of
the State Constitution, excluding therefrom lands defined as "available lands" by Section
203 of the Hawaiian Homes Commission Act, 1920, as amended, shall be held by the
State as a public trust for native Hawaiians and the general public."
• The U.S. Army does not have the free, prior, and informed consent of Kanaka Maoli to
inflict further damage and harm to these lands. The importance of consent is affirmed in
the UN Declaration on the Rights of Indigenous Peoples.
• Dispossession of Kanaka Maoli from their Hawaiian national lands remains a primary
issue threatening their identity and well-being.
• The U.S. military's actions and lack of transparency in Hawaii and abroad have resulted
in the public's distrust as demonstrated with the matters pertaining to the threat to
Honolulu's water supply due to the Red Hill contamination, health risks of DU use in
Hawaii, unexploded ordnance in Waikoloa Maneuver Area, Makua Valley degradation,
telescopes on Haleakala, bombing of Kaho`olawe, etc., (the list could fill several pages).
PROPOSED AMENDMENT
1. Requesting the U.S. military to immediately cease all bembing live -fire exercises and
desecration activities at PTA until a comprehensive archaeological inventor survey for PTA is
completed in accordance with the Section 106 review process of the National Historic
Preservation Act;
Flores -Case `Ohana Testimony
P6hakuloa - Res. 234-25 D 1
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