MĀKUA IN government documents

This page of the Mālama Mākua archives features official government documents concerning Mākua, such as U.S. Department of Defense contracts, letters from government offices, reports from government agencies, and resolutions from Honolulu City Council. More will be added all the time, so please check back.

2018

U.S. House of representatives Committee on natural resources letter to U.s. department of defense

By Committee Chairman Rob Bishop and Subcommittee on Oversight and Investigations Chairman Bruce Westerman - June 13, 2018

“Dear Secretary Mattis: The Committee on Natural Resources is continuing its oversight of the potential manipulation of tax-exempt 501(c) organizations by foreign entities to influence U.S. environmental and natural resources policy to the detriment of our national interests. Specifically, we are interested in environmental litigation by U.S.-based 501(c) organizations against the Department of Defense and its negative impact on national security.”

Earthjusticeʻs press release in response is included after the Committee on Natural Resources letter. It reads, in part:

“This letter is a blatant attempt to turn attention away from the Trump administration’s campaign to undermine environmental and health protections and reward corporate polluters.

“Evoking national security is a red herring the Committee is using to call into question the work of Earthjustice and others to advance public health and environmental safeguards. Earthjustice holds the U.S. military and government agencies accountable to U.S. law established by the U.S. Congress, and those legal actions have been repeatedly upheld by U.S. courts. To suggest we are promoting foreign interests is absurd.”


2016

2016 Status Report for the Makua and Oahu IMPLEMENTATION Plans

By the Oʻahu Army Natural Resources Program

This status report (report) serves as the annual report for participating landowners, the U.S. Fish and Wildlife Service (USFWS), and the Implementation Team (IT) overseeing the Makua Implementation Plan (MIP) and Oahu Implementation Plan (OIP). The period covered in this report is July 1, 2015 to June 30, 2016. This report covers Year 12 of the MIP and Year 9 of the OIP. OANRP completes thousands of actions each year to implement the MIP and OIP (IPs); the results of those myriad activities are summarized in this report. The report presents summary tables analyzing changes to population units of plants and snails over the last year and since the IPs were completed, as well as updates on new projects and technologies.

U.S. Federal Register of Endangered Species in Hawaiʻi - vol. 81, no. 190, rules and regulations

By U.S. Department of Interior - Sept. 30, 2016

Endangered and Threatened Wildlife and Plants; Endangered Status for 49 Species From the Hawaiian Islands. AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule.


1996

STATE OF HAWAIʻI MEMORANDUM CONCERNING CHAIN OF TITLES OF MĀKUA AREA

By Abstractor, Division of Forestry and Wildlife - Jan. 30, 1996

The State of Hawaiʻi Division of Forestry and Wildlife released a memorandum in January 1996 that attempted to establish a chain of titles of the Mākua area from the Mahele of 1848 through to the date of the memorandum. The chain of titles clearly states that all of the ahupuaʻa of Kahanahāiki and half of the ahupuaʻa of Mākua were established as Hawaiian Kingdom Government Lands in 1848.

department of u.S. army gives license of use of mākua beach to state of hawaiʻi for one year

By U.S. Army Engineer Division - March 8, 1996

The U.S. army and the Hawaiʻi State Board of Land and Natural Resources come to an agreement for the establishment of a state park on the makai side of Farrington Highway for a single year. This move was widely believed to be made in support of the planned sweep of Mākua Beach community later that year.

Hawaiʻi state board of land and natural resources meeting minutes concerning lease of mākua beach

By Board of Land and Natural Resources - March 8, 1996

The BLNR unanimously approved Item D-4: “Authorization of lease federal fee land and acquire right-of-entry for the Division of State Parks, Dept. of Land and Natural Resources, Mākua, Waiʻanae, Oʻahu…”

department of land and natural resources REQUESTS five-year lease of more than 11 acres of Mākua Beach

By State Parks Division of Department of Land and Natural Resources - March 8, 1996

After being granted a year lease of land at Mākua makai of Farrington Highway, the Department of Land and Natural Resources applies for authorization to lease Mākua Beach for five years.

NOTICE TO VACATE ISSUED TO MĀKUA BEACH COMMUNITY BY DEPARTMENT OF LAND AND NATURAL RESOURCES

By Department of Land and Natural Resources - March 12, 1996

Four days after being granted a year lease of Mākua Beach for supposed state park purposes, the DLNR issued a Notice to Vacate aimed at evicting the community at Mākua Beach. Though the DLNR threatened to enforce evictions in April 1996, the actual evictions did not take place until June. The 1996 Mākua eviction and events surrounding the eviction were documented in Mākua - To Heal a Nation, a film produced and directed by Puhipau and Joan Lander of Nā Maka o ka ʻĀina. The documentary tells the story of Mākua as a place for healing, a pu’uhonua, a place of refuge, not only for a few but for the larger Hawaiian community, which is crying out for answers to cure its social ills. But the occupying forces of the U.S. and their agent, the state of Hawai’i, have continuously evicted people from Mākua, from shortly after Dec. 7, 1941 through 1996. A 1983 Mākua eviction was also documented by Nā Maka o ka ‘Āina. You can view both documentaries on the Mākua in Documentaries/Film page of our online archives.

hawaiʻi state senate bill 1643 attempts to form a prescribed burn committee

Hawaiʻi Senate Bill 1643 - April 1996

After supposed prescribed burns by the U.S. army went out of control in Mākua Valley in 1995, a bill was put forth in the Hawaiʻi State Senate in 1996 which would have formed a Prescribed Burning Coordinating Council in order to “establish a mechanism through which laws, rules, and policies of those agencies responsible for the regulation of prescribed burning are both effectively reviewed and coordinated, so as to minimize to the greatest extent possible the danger to endangered and threatened species and environmentally sensitive areas, regardless of whether or not these species and areas happen to be located within any military-controlled lands.” Though it seemed like a worthy bill, it did not become law.

letter from convention delegate to Hawaiʻi representative patsy mink concerning mākua

By Maralyn Kurshals, 1996 Democratic Convention delegate - May 20, 1996

Democratic Convention delegate and Environmental Committee member Maralyn Kurshals writes to Hawaiʻi Rep. Patsy Mink about the U.S. armyʻs denial of a need to conduct an Environmental Impact Statement concerning Mākua Valley. Kurshals attached a resolution to this letter, but unfortunately, we do not have the resolution.


1990

HONOLULU CITY COUNCIL ADOPTS RESOLUTION 90-118 REGARDING POTENTIAL STATE PARK IN Mākua Valley, NOTIFICATION OF U.S. ARMY THAT LEASE MAY NOT BE RENEWED

By Council of the City and County of Honolulu - April 25, 1990

The Honolulu City Council unanimously adopted Resolution 90-118 in April 1990 that urged the State of Hawaiʻi to study the feasibility of establishing a state park on the land in Mākua that is leased to the U.S. army, as well as urging the State to notify the army and the Secretary of the Army that the lease may not be renewed when it runs out in 2029. The State did not act on the resolution or respond to it, prompting the City Council to adopt unanimously adopt Resolution 93-74 in May 1993, requesting “a timely and appropriate action on and response to 90-118.” Both resolutions are included in this link.


1986

Kāʻena Point State Park survey, including Mākua and Kahanahāiki Parcels

By Survey Division of the State of Hawaiʻi Department of Accounting and General Services - Feb. 11, 1986


1964

u.s. president lydon b. johnson issues executive order to control mākua for military purposes

By U.S. President Lyndon B. Johnson - August 15, 1964

Executive Order 11166, also found in Dr. Marion Kellyʻs cultural history report on Mākua as Appendix D, was issued by U.S. President Johnson, which officially broke the promise of the contract the U.S. entered into in 1943, which stated the U.S. military would leave Mākua six months after the end of World War II. Johnson claims his authority to do so, however, by citing the Joint Resolution of Annexation on July 7, 1898, that supposedly handed Hawaiʻi over to the United States, including any government lands. A Joint Resolution of the U.S. Congress, however, only has jurisdiction within the boundaries of the U.S. The Hawaiian Islands were not within the boundaries of the U.S. on July 7, 1898. The only agreement that could pass the Hawaiian Islands to the U.S. is a Treaty of Annexation between two nations, such as the Treaty of Guadalupe Hidalgo that transferred much of the current U.S. Southwest, including all of California, from Mexico to the U.S. in 1848. Since there has never been a Treaty of Annexation, the Hawaiian Islands were never transferred to the U.S. in 1898 or any time after, and the authority by which President Johnson claims Mākua is false.

Copy of 65-year lease of Mākua between Hawaiʻi state Board of Land and Natural Resources and the United States for military purposes

“3. TO HAVE AND TO HOLD the said premises for a term of sixty-five (65) years beginning August 17, 1964, and ending August 16, 2029, subject, however, to the rights of the Lessor and the Government respectively to terminate this lease… 4. The Government shall pay the Lessor rental the following rate: ONE DOLLAR ($1.00) for the term of the lease…”


1946

U.S. secretary of war attempts to appease Territorial Governor Stainback, rebuffs request for the return of mākua

By U.S. Secretary of War - Oct. 12, 1946

Nearly one year after Territory of Hawaiʻi Governor Ingram M. Stainback attempted to exercise his authority under a revokable permit with the U.S. army to bring about the return of Mākua and surrounding areas from the U.S. military, the U.S. Secretary of War writes to the U.S. Secretary of the Interior to seemingly placate Governor Stainback as well as deride the reasons the governor stated for the return of Mākua, calling the amount of land being occupied extremely small. The letter, also found in Dr. Marion Kellyʻs cultural history report on Mākua as Appendix I, states that the War Department will no longer push for an outright transfer of Mākua because the War Department believed military training and public use of Mākua could co-exist, a confounding thought process. The only public use of Mākua since the sacred valley was seized at gunpoint through present time is of Mākua Beach.


1945

TERRITORY OF HAWAIʻI GOVERNOr STAINBACK ATTEMPTS TO EXERCISE HIS AUTHORITY TO REVOKE THE U.S. ARMYʻS PERMIT FOR USE OF MĀKUA

By Territory of Hawaiʻi Governor Ingram M. Stainback - Nov. 26, 1945

Governor Stainback writes to the Commanding General of the Central Pacific Base Command to say that not only does he not support a request for the 6,608 acres in and around Mākua - granted use to the U.S. military under Revocable Permit No. 200 in 1943 - to be simply transferred to the U.S. War Department, Stainback lays out compelling reasons why he desires to exercise his authority to revoke the permit, remove the U.S. military from Mākua Valley, and return Mākua and the surrounding area to the people of Hawaiʻi. The letter is also found in Dr. Marion Kellyʻs cultural history report on Mākua as Appendix F.


1943

territorial government of hawaiʻi grants u.s. military revocable permit for use of 6,608 acres of mākua and surrounding area for war effort

By A.A. Dunn, Acting Commissioner of Public Lands - May 17, 1943

Revocable Permit No. 200, also found in Dr. Marion Kellyʻs cultural history report on Mākua as Appendix C, was granted to the U.S. military as a “License extending for the duration of the present war and six months thereafter, to use and occupy for military purposes, those portions of the Territorial Government-owned lands” including Mākua and Kahanahāiki. Not only was this permit revocable by the territorial government Commissioner of Public Lands, it also stated that “the Military authorities shall vacate said licensed area, remove all its property therefrom and restore the premises hereby authorized to be used and occupied to a condition satisfactory to the said Commissioner of Public Lands.” Six months has long passed.


1942

U.S. war department issues real estate directive to control mākua and surrounding areas due to PURPORTED military necessity

By Commanding General, Hawaiian Department, Fort Shafter - Dec. 22, 1942

Though the U.S. army eventually entered into a revocable permit with the territorial government of the Hawaiian Islands in 1945, its original intent for Mākua, after seizing the valley by gunpoint and forcibly evicting its residents after the U.S. entered into World War II, was officially laid out in 1942 Real Estate Directive. Citing a military necessity, the U.S. War Department intended to take official control of Mākua and surrounding areas by “Condemnation or purchase” of certain tracts of land, as well as the lease of others. This Real Estate Directive is also found in Dr. Marion Kellyʻs cultural history report on Mākua as Appendix H.