Leandra Wai Act
This bill provides for the conveyance and return by the Department of Defense (DOD), to the state of Hawaii, without consideration, all interest of the United States in the parcel of property known as the Makua Military Reservation located in Oahu, Hawaii.
DOD shall, in collaboration with the state, conduct a study to
There is established a Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund to (1) make the reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; and (2) carry out this bill.
The U.S. Army Corps of Engineers shall enter into a memorandum of understanding with the state that shall govern
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7130 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7130
To direct the Secretary of Defense to convey the Makua Military
Reservation to the State of Hawai`i and establish a trust fund for such
conveyance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2022
Mr. Kahele introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committees on
Transportation and Infrastructure, and Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to convey the Makua Military
Reservation to the State of Hawai`i and establish a trust fund for such
conveyance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This bill may be cited as the ``Leandra Wai Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Leandra Wai was a co-founder of the Native Hawaiian-led
non-profit Malama Makua, served as its president, and grounded
the organization as its cultural practitioner until her passing
in 2016. She embodied the cultural healing power of Makua
Valley, and was the heart, soul, and spirit of Malama Makua as
the organization fought in Federal court to stop live-fire
training in the sacred valley. Twice per month, from 2002 until
shortly before her passing, Wai led cultural access into Makua
Valley, facilitating the cultural reconnection of thousands of
community members with Makua. Her leadership still guides
Malama Makua.
(2) Makua, which means ``parents'' in Hawaiian, is a sacred
site, rich in culture and biological resources.
(3) Makua Military Reservation (in this section referred to
as ``MMR'') contains more than 100 sites eligible for listing
on the National Register of Historic Places, including Hawaiian
temples, shrines, petroglyphs, and other sacred, cultural, and
historic sites. Past military live-fire training has damaged
Makua's cultural sites, bombing them and pockmarking them with
bullet holes. Moreover, continued military occupation of MMR
severely limits access by Native Hawaiian cultural
practitioners.
(4) In Native Hawaiian stories and legends, or
``mo`olelo'', Makua is an important place within a much more
expansive traditional cultural landscape and network of
interrelated sites. It has heightened cultural significance
because of its relationship to other sites.
(5) Military training-related fires at MMR threaten more
than 40 species of animals and plants protected under the
Endangered Species Act (Public Law 93-205; 16 U.S.C. 1531 et
seq.), as well as native habitat identified as critical to the
survival and recovery of these imperiled species. Additionally,
training-related fires have burned thousands of acres at MMR.
(6) Historically, Makua was considered ```aina momona'', or
fertile land, with evidence of extensive agricultural terracing
that could have produced substantial amounts of food and
provided access to important offshore fisheries.
(7) Traditional and customary practices, such as fishing,
gathering of plants, and funerary practices, have continued at
Makua in different forms to the present.
(8) Toxins from military training and related activities at
MMR, such as prescribed burns, contaminate Makua's air, land,
and water. Contaminants are transported to civilian areas
beyond MMR's boundaries--to Makua Beach and the ocean--via the
air, Makua's streams, overland flow during storm events, and
groundwater.
(9) The Armed Forces seized Makua for training shortly
after the attack on Pearl Harbor, evicting the families who had
lived there for generations, bombing their church, and
destroying their homes. The Armed Forces promised to return the
land to the local families six months after the end of
hostilities but broke that promise. Nearly eight decades after
World War II ended, the Armed Forces still occupy MMR.
(10) In addition to seizing Hawaiian trust lands, the Armed
Forces condemned kuleana land grants from Native Hawaiian
families.
(11) MMR lies just across Farrington Highway, a public
roadway, from Makua Beach, a public beach where local children
play, and local families gather fish and limu to put food on
their tables.
(12) The Armed Forces have not conducted live fire training
at MMR since June 2004. For more than 23 years, Hawai`i-based
military units have consistently and repeatedly been able to
achieve readiness to deploy for combat missions without
conducting any live-fire training at MMR.
(13) The Wai`anae district is home to one of the largest
concentrations of Native Hawaiians anywhere, yet approximately
one-third of Wai`anae's land is occupied by the Armed Forces.
The community has been burdened with multiple threats to
health, safety, and the environment, which is reflected in poor
health and socioeconomic indicators.
(14) Makua is an important site for the revitalization of
Native Hawaiian cultural practices and a valuable educational
resource for Hawaiian culture, history, ecology, and
environmental restoration.
SEC. 3. STUDY OF THE COST TO MAKE THE MAKUA MILITARY RESERVATION
SUITABLE FOR HUMAN HABITATION.
(a) Study Required.--The Secretary of Defense shall, in
collaboration with the State of Hawai`i, conduct a study to--
(1) map out land hazards including--
(A) unexploded ordnance; and
(B) other contaminants;
(2) determine an appropriate schedule, consistent with
community standards, for the removal of such land hazards; and
(3) provide a cost estimate for the land remediation and
restoration activities required to make the Makua Military
Reservation suitable for agriculture, residential use, and
human habitation.
(b) Report Required.--Not later than one year following the date of
the enactment of this Act, the Secretary, in collaboration with the
State of Hawai`i, shall submit a report to the appropriate
congressional committees that contains the results of such study.
SEC. 4. CONVEYANCE OF THE MAKUA MILITARY RESERVATION TO THE STATE OF
HAWAI`I.
(a) Conveyance.--The United States, through the Secretary of
Defense, shall convey and return, without consideration, to the State
of Hawai`i, all right, title, and interest of the United States in and
to that parcel of property known as the Makua Military Reservation
located in Oahu, Hawai`i.
(b) Deadline.--Notwithstanding section 120(h)(3)(A)(ii)(I) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)(3)(A)(ii)(I)), the Secretary shall carry out
the conveyance under subsection (a) of this section not later than 180
days after the date of the enactment of this Act.
(c) Description of Property.--The exact acreage and legal
description of the parcel of property to be conveyed under this Act
shall be determined by a survey that is satisfactory to the State of
Hawai`i after consultation with the Secretary.
(d) Report on Conveyance.--Not later than 180 days after the
conveyance under this Act, and annually thereafter, the Secretary shall
submit to the appropriate congressional committees a report on the
compliance with the provisions of this Act.
SEC. 5. MAKUA MILITARY RESERVATION CONVEYANCE, REMEDIATION, AND
ENVIRONMENTAL RESTORATION TRUST FUND.
(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund that shall be known as the
``Makua Military Reservation Conveyance, Remediation, and Environmental
Restoration Trust Fund'' (in this section referred to as the ``Fund''),
consisting of such sums as may be appropriated or credited to the Fund
as provided in this section.
(b) Transfer to the Fund.--
(1) Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary--
(A) to make the Makua Military Reservation suitable
for agriculture, residential use, and human habitation,
including any remedial actions under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620 et seq.); and
(B) to carry out this Act.
(2) Investment yield.--There shall be deposited into the
Fund any returns yielded from the investment of the sums
appropriated to the Fund under paragraph (1) of this
subsection.
(c) Expenditures From the Fund.--Amounts in the Fund shall be made
available pursuant to the terms of the Memorandum of Understanding
under subsection (d).
(d) Memorandum of Understanding.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army, acting
through the Chief of Engineers, shall enter into a Memorandum
of Understanding with the State of Hawai`i that shall govern--
(A) the study required under section 3(a);
(B) the conveyance required under section 4(a);
(C) the timing, planning, methodology, and
implementation for the removal of--
(i) unexploded ordnance; and
(ii) other contaminants; and
(D) the use of the sums appropriated to the Fund
under subsection (b)(1).
(2) Consultation.--In carrying out paragraph (1), with
respect to the terms and conditions included in the Memorandum
of Understanding pursuant to paragraph (1)(C), the Secretary of
the Army shall consult with Native Hawaiian organizations.
(3) Access to site.--Nothing in the Memorandum of
Understanding may restrict access to the Makua Military
Reservation pursuant to paragraph 13 of the settlement
agreement and stipulated order of the United States District
Court for the District of Hawai`i executed on October 4, 2001
(Civil No. 00-00813 SOM-LEK).
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``appropriate congressional committees'' means
the Committees on Armed Services of the Senate and House of
Representatives.
(2) The term ``Native Hawaiian organization'' has the
meaning given such term--
(A) in section 6207 of the Native Hawaiian
Education Act (20 U.S.C. 7517); or
(B) in section 300314 of title 54, United States
Code.
(3) The term ``other contaminants'' includes--
(A) improved conventional munitions;
(B) munitions waste;
(C) medical waste; and
(D) other hazardous materials introduced to the
Makua Military Reservation by the Secretary of Defense.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Environment and Climate Change.
Referred to the Subcommittee on Water Resources and Environment.
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