The following briefing paper was prepared at the request of Senator Inouye and Richard Collins.
Materials included:
• Background, history, issues, current use, and positions
• Executive orders
• Maps BACKGROUND BACKGROUND ON KAHOOLAWE
Kahoolawe is located between the islands of Maui, Lanai and Molokai. The island is approximately 11 miles long and 6 miles wide (43.86 square miles) with an area of 28,776 acres. It is the smallest of the Hawaiian islands.
The southern and eastern shores rise dramatically from the sea, forming steep sea cliffs, while northern and western shores slope gradually from the ocean. Most of the shore is rocky, except for a few small beaches and coves along the western side of the island.
Approximately 10,000 acres, or one third of the highest portions of the island, are virtually barren due to uncontrolled grazing of goats. This barren condition has led to wind and storm erosion down to red hard saprolite material. The remaining two-thirds of the island, between the sea level and 700 foot elevation, is partially covered with various shrubs and grasses.
Kahoolawe is rich in archaeological remains which have been uncovered by wind and rain erosion over the last 200 years.
Page 1 HISTORY OF KAHOOLAWE
Kahoolawe is believed to have been one of the first islands inhabited by the native Hawaiians, as early as thirteen hundred years ago. The island was both a village and a place of worship.
Between the 1830’s and 1850’s Kahoolawe was used as a penal colony for men.
Goats were first introduced to the island by a Maui chief who received the non-native animals as a gift. Sheep were introduced to the island when the first lease was obtained in 1858. The lease was passed on to other individuals until 1909.
The island was declared a forest reserve in 1909 after being overrun by goats and sheep; however, this idea was abandoned in 1918 due to the lack of funds.
The land was leased to Angus McPhee in 1918 for the purpose of establishing a cattle ranch. Mr. McPhee, along with a local family established Kahoolawe Ranch. The lease was renewed in 1933 for a period of 21 years for $100 per year with the understanding that the ranch was to exterminate the remaining goats and begin planting grass.
The first indication of the desire by the military to acquire the island for the purpose of military exercises came in May of 1941.
In 1941 the McPhee family subleased part of the island to the federal government for military purposes for $1 per year through October of 1952.
On December 7, 1941 the McPhee family boat was commandeered as a war craft. According to local newspapers, the McPhees were banished from the island shortly thereafter when their ranch was bombed.
Page 2 During World War II, Kahoolawe had the distinction of being the most bombed island in the Pacific.
In September of 1952 a special land committee was formed by then Governor Owen Long and recommended that the island be transferred to the Defense Department by Executive Order.
On February 20, 1953 Kahoolawe was taken and reserved for the use of the United States for naval purposes by Executive Order.
EXECUTIVE ORDER
Under the Executive Order signed by then President Dwight Eisenhower the following was agreed to:
(1) The island of Kahoolawe was placed under the jurisdiction of the U.S. Navy;
(2) The Secretary of the Navy, within a reasonable period of time, agreed to eradicate all “cloven - hooved animals' or take such steps as to may be necessary to assure that the number of animals on the island not exceed two hundred at any given time;
(3) That the Territory have the right at reasonable intervals to enter and inspect the island to ascertain the extent of life thereon and begin a soil conservation program provided that such inspections did not interfere with the activities of the U.S. Navy; and
(4) When the island is no longer needed by the Navy, that the Territory be notified and “upon reasonable request of the Territory, render such area, or such portion thereof, reasonably safe for human habitation, without cost to the Territory."
Page 3 MEMORANDUM OF UNDERSTANDING
On August 9, 1978 a memorandum of understanding was entered into by Governor George R. Ariyoshi, representing the State of Hawaii and Vice Admiral S.I. Gravely, Jr, representing the United States Navy. The memorandum set forth the common intent and objectives concerning the island of Kahoolawe in which the two parties agreed to implement the following:
(1) The elimination of all cloven-hooved animals:
(2) A soil conservation program evolving from the cooperative experimental planting program jointly conducted by the two parties since 1970;
(3) A program of continued cooperation between the two parties in inventorying archaeological site on the island which are eligible for inclusion in the National Register of Historic Places:
(4) Assurances that the navy would carefully plan operations so as to avoid hazarding such sites; and
(5) The development of specific management plans for performing such programs as well as the commitment on the part of both parties to continue to develop other programs of mutual benefit to both parties.
The memorandum concluded by stating the differing positions of the two parties, the continuing need for Kahoolawe on the part of the Navy, and the desire on the part of the State to have Kahoolawe ultimately transferred to the State.
Page 4 PROTECT KAHOOLAWE OHANA (PKO)
The Protect Kahoolawe Ohana (PKO) was formed in the Summer of 1975.
The organization has one main goal - stop the bombing of Kahoolawe.
Much of the publicity surrounding the PKO came in January of 1976, when approximately 40 people started out for Kahoolawe from Maui hoping to land on the island without being detected. However, word leaked out to the press and the group was turned back by the military before the group reached the island. Later in the day, nine individuals were able to make it on to the island and dubbed the “Kahoolawe 9”. These nine individuals originally hoped to stay for a month, but seven were caught and taken off the island. Two days later, the remaining two individuals gave themselves up.
One year later, protestors undertook a new series of landings that would eventually involve the arrest of 30 persons and the disappearance at sea of two men.
In the organization’s 14 year existence, the Ohana has taken trips to Washington D.C. to lobby the Navy, the Congressional delegation and the incumbent President; has conducted religious blessings on the island; held statewide workshops; filed suits against the Navy in State and Federal Courts; lobbied for archaeological surveys of the island; published pamphlets; written letters to the leaders of various countries; conducted rallies; and raised money to advance their cause.
The Ohana has six basic arguments against the use of the island which help to explain their actions and beliefs:
(1) Hawaiians have a deep respect for the land which they view as a living entity;
(2) Any action that can be viewed as hurting the land is an affront to the entire culture of the Hawaiians;
Page 5 (3) Native Hawaiians have a rich cultural and spiritual heritage that is being ridiculed by the bombing;
(4) The military’s action violates the laws on environmental protection and historic preservation;
(5) Alternatives should and can be found;
(6) The constitutionally provided “freedom of religion- requires native Hawaiians be allowed to practice their beliefs, especially in areas which use to be known as their own land.
RIMPAC EXERCISES
RIMPAC exercises have occurred since 1971. Although Kahoolawe is used by the various military forces during other times of the year, the RIMPAC exercises are the most visible and have a history of causing the most damage to historic and revegetated areas.
These exercises involve the participation of other Pacific nations, notably Japan, Australia, Canada, South Korea, and New Zealand along with the United States in a series of month long military exercises off the Hawaiian Islands. One exercise is devoted to the bombing of Kahoolawe.
In 1982, 60 warships and submarines, 120 aircraft, and 29,000 sailors and marines were known to have participated in these exercises. Numbers vary somewhat between exercises, and are generally held to be classified information.
For many years PKO has attempted to stop the Kahoolawe portion of the exercises.
Page 6 PKO has lobbied the participating foreign countries from taking part in the bombing of Kahoolawe. Since 1982 Australia, New Zealand Japan and Great Britain have declined to bomb the island during the RIMPAC exercises. However, Canada and the United States continue to participate in the shelling exercises. In 1990, South Korea was suspected of participating in the Kahoolawe exercises.
(Note: In the 1990 RIMPAC, Bellows AFB was used extensively for the first time in amphibious landing exercises involving marine craft, helicopters and troops.)
NATIONAL REGISTER OF HISTORICAL PLACES
The island was placed on the national register on March 18, 1981.
In a letter to the U.S. Navy, the acting keeper of the registered outlined the reasons why the island was being placed on the national register: “Our determination that the entire island is eligible for inclusion in the National Register is based on the fact that Kahoolawe is currently the only island in Hawaii where the total prehistoric and historical settlement system is known to be preserved. As such it affords the only extant opportunity to study elements of human/environmental interaction in a bounded ecological system, as well as patterns of utilization specific to various ecological zones on the island/
CONSENT DECREE
The Consent Decree was entered into on December 1, 1980 between PKO and the Secretary of Defense.
The Decree was entered into by the parties to preclude further litigation of any claims relating to the use of Kahoolawe and its surrounding waters by the Navy.
Page 7 The Decree addressed six areas of concern:
Land Management
Ocean Management
Operation Controls
Archaeological Plan
Access to Kahoolawe by the PKO
Miscellaneous areas of concern
CURRENT SITUATION
Archaeological survey work continues to take place.
Damage to identified archaeological sites, or evidence of shelling within agreed-upon off limit areas are discovered by the PKO and reported to the Navy on a periodic basis. The Navy has not always complied with the court-ordered reporting of incidences. An unexploded ordnance was discovered on Maui, and there have been unconfirmed reports of exploded and unexploded ordnance falling short of the target into the ocean.
The cloven-hooved animal eradication program is still underway. It wasn’t until 1985 that the animal population fell under the required 200 as specified in the 1953 Executive Order.
The State and the Navy continue the soil conservation program as outlined in the 1978 Memorandum of Understanding.
PKO has begun a soil and water conservation program on the island. The Hawaii State Legislature appropriated $75,000 in 1986 and an additional $250,000 in 1989.
PKO has also begun replanting native plants on Kahoolawe.
Page 8 Maui County, whose ultimate county jurisdiction Kahoolawe falls under, developed a community plan for the island, known as The Kahoolawe Community Plan (October 1981). The Community Plan is mandated by the Maui Charter and the Maui County General Plan. Its purpose is to provide a relatively detailed scheme for future civilian use.
Public opinion has shifted over the years. When the PKO first began their demonstrations, the public was almost evenly split, and news articles highlighted the opposing views with respect to defense readiness and the fear that the military industry may leave Hawaii, versus issues of safety and Hawaiian rights. Since then, more and more of the general public agree that the bombing should be stopped. In the latest RIMPAC exercises, both newspapers carried editorials questioning the necessity of continued exercises on the island, and looking forward to the island’s return to the people of Hawaii. The Democratic Party has passed resolutions requesting Kahoolawe’s return for the last five conventions.
Page 9 NAVY’S POSITION
The Navy’s policy concerning the use of Kahoolawe has not changed since the Navy began bombing the island in 1941.
The Navy holds that Kahoolawe is an integral part of military training and is necessary for fleet readiness.
The Navy believes that Kahoolawe is the only place in the Pacific area where the Navy is able to coordinate all the supporting arms that they would normally use in carrying out their missions including sea- based forces, particularly naval gunfire and live aerial bombardment.
The Navy also believes that the island is the only place where shore bombardment can take place simultaneously with ground fire with no physical hazard to the civilian population.
STATE’S POSITION
Since 1978, the State’s position has been that Kahoolawe should be returned to the State. Meanwhile, all efforts should be made to prevent further erosion, damage to archaeological sites, and goat propagation.
Page 10 EXECUTIVE ORDERS PRESIDENTIAL EXECUTIVE ORDER NO. 10436 DATED: FEBRUARY 20, 1953
Reserving Kahoolawe Island, Territory of Hawaii, for the use of the United States for Naval Purposes, and placing it under the jurisdiction of the Secretary of the Navy
KAHOOLAWE, T. H.
REFER TO: GL 2341 - Kahoolawe Ranch Pres. Proclamation 1827 - Setting aside for lighthouse purposes land on Island of Kahoolawe EO 308 - The Kahoolawe Lighthouse Station EO 1528 - Cancelling GEO 308 RP 800 EXECUTIVE ORDER
RESERVING KAHOOLAWE ISLAND, TERRITORY OF HAWAII, FOR THE USE OF THE UNITED STATES FOR NAVAL PURPOSES AND PLACING IT UNDER THE JURISDICTION OF THE SECRETARY OF THE NAVY
WHEREAS it appears necessary and in the public interest that the Island of Kahoolawe, Territory of Hawaii, which comprises an area of approximately forty-five square miles, and which forms a part of the public lands ceded and transferred to the United States by the Republic of Hawaii under the joint resolution of annexation of July 7, 1898, 30 Stat. 750, be taken and reserved for the use of the United States for naval purposes, except that portion comprising an area of 23.3 acres, more or less, heretofore taken for light house purposes by Proclamation No. 1827 of the president of the
United States dated February 3, 1928 (U5 Stat. 2937); and
WHEREAS it Is deemed desirable and in the public interest that provision be made for the conducting of a program of soil conservation on the island while the reservation made hereby is in force, and that the area within such reservation be restored to a condition reasonably safe for human habitation when it is no longer needed for naval purposes)
NOW, THEREFORE, by virtue of the authority vested in me by section 91 of the act of April 30, 1900, 31 Stat. 159, as aasnded by section 7 of the act of May 27, 1910, 36 Stat. 447, it is ordered aa follows:
1. The Island of Kahoolawe, Territory of Hawaii, except that portion taken by the United States for lighthouse purposes by
Proclamation No. 1827 of February 3, 1928, is hereby taken and
use of the United States for naval purposes, and is placed under the jurisdiction of the Secretary of. the Navy.
2. The Secretary of the Navy shall, within a reasonable period following the date of this order, eradicate from the island all cloven-hooved animals, or shall within such period and at all 2 times thereafter while the area hereby reserved or any portion thereof is under his jurisdiction take such steps as may be necessary to assure that the number of such animals on the island at any given time shall not exceed two hundred.
3 . The Territory o f Hawaii shall have the right, at its ex pense and risk, at reasonable intervals to enter and inspect the island to ascertain the extent of forest cover, erosion, and animal life thereon, and to sow or plant suitable grasses and plants under a programof soil conservation: Provided, that such entrance and inspection shall not interfere unreasonably with activities of the Department of the Navy or of the United
States Coast Guard.
4. When there is no longer a need for the use of the area hereby reserved, or any portion thereof, for naval purposes of the united States, the Department of the Navy shall so notify the Territory of Hawaii, and shall, upon reasonable request of the
Territory, render such area, or such portion thereof, reasonably safe for human habitation, without cost to the Territory.
THE WHITE HOUSE,
February 2 0 , 1953 LAND U SE POSSIBILITIES FOR KAHOOLAWE C. O . Lennox - Sept. 5, 1952
Physical Characteristics
The island is the smallest of the eight major islands in the Hawaiian Archipelago, It lies six and three quarters miles southwest of Maui and is eleven miles long and six miles wide with a total area of forty-five square miles, or, twenty-nine thousand acres.
The climate ranges from very dry to dry with an estimated annual rainfall of between fifteen inches and twenty-five inches.
About one-third of the land area lies above the one thousand foot contour and is subject to high velocity hot dry winds.
Fresh water is depended upon catchment and storage of rainfall. Intensive geological surveys have revealed insignificant supplies of fresh ground water.
The soil conditions presently found on the Island may be classified roughly as follows:
Approximately one-third or fifteen square miles
comprising the entire upper crown of the island la stripped of all surface soil and presently is a buff to reddish tanHard pan consisting partly of decomposed basalt.
Approximately one-third of the total area of
deep soil held in place with rock outcroppings and covered
with a fair stand of pili grass. This occurring on gentle
slopes along westerly or leeward side of island, Such areas out by deep rooky ravines.
Approximately one-third deeply cut with ravines and covered with scrubb brush and kiawe. This occurring along
the north slopes.
History of Economic Uses Made oftheIsland Between 1330 and 1330 a population of approximately eighty persons lived on Kahoolawe who were nearly all individuals that had been banished to the island for crises which they had co m mitted against society.
A survey made in 1858 by William F. Allen of the grazing potentials of the island revealed that approximately fifty natives were living there who obtained most of their food from the sea but did cultivate a few melons, sweet potatoes, pumpkins and sugar cane in the deep soil near the summit. The island had a population of wild goats and hogs which were kept in check by a large population of wild dogs.
The destruction of Kahoolawe started in 1363 when the first fifty year lease was signed for its use as a sheep ranch. During the course of this lease as many as fifty thousand sheep plus many goats were on the island at one tins. The heavy graslng of the deep red soil overlaying the grown of the island removed its protection against the high dry winds and between two to eight feet of deep top soil was blown off leaving the present exposed hard pan. The condition of the island apparently became a Territorial scandal by 1 9 0 9 as the House of Representatives passed a Concurrent Resolution that the -2 - Island should not be leased again.
The island was proclaimed a forest reserve in 1910 and remained as such until 1918. Lack of appropriations for cleaning up the wild goats resulted in a recomaendatlon that it be again leased at a nominal figure with lease requirements which would remove the sheep and goats within one year of the commencement of the lease and also provide for conservation and rehabilitation practices for the damaged portions of the island. Good progress was made under the terms of this lease, A report in 1932 stated that the population of goats had been reduced to fifteen and sheep to twenty. It was estimated that thirty thousand goats had been killed at a cost of $50,000,
A report in March 1939 estimated sheep at two hundred and goats at twenty-five with five hundred oattle and seventeen horses belonging to the ranching operation. In July 1941 all animals used in the ranching operation were removed from the island because of excessive drought conditions. Approximately nine hundred and forty cattle were removed and many were reported to have died from drought before removal. The island was therefore essentially free of domestic animals at the outbreak of war except for the feral sheep and goats.
is under sublease to the U .S. Navy as a bombing and general target area which ends on October 30, 1952. The Navy has indicated that the Department of Defense has a continuing great need for the island for the same purposes.
-3 - Potential Economic Uses A reliable supply of fresh water is the moat serious limiting factor for an economic use of this Island for grazing or any other purpose. On the assumption that research will develop economic means for removing the salt from ocean water we should examine the soil resources for feasible economic usage. Based on present knowledge it is believed that the use of the island will be limited for many hundred years to come to grazing or the development of feral animals in a game reserve, this is conditioned on the fact that nearly all of the terrain suitable for i ntensive cultivation is now bare exposed hard pan which will take hundreds of years of protection from disturbing elements such as heavy grazing, wind and rain erosion to become deep soil suitable for tilling.
A grazing operation could only be carried on wherein the entire island was under one operator. This would be necessary even in case cheap irrigation water was available as the area suitable for Irrigated pastures is limited and a rotation would be necessary of pastures to obtain a balance gracing operation.
Present Economic Uses I f there were no needs for the use of the island by the Department of Defense the question of profitable use of the resources available is worthy of examination.
Approximately one-th ird of the island carries a good stand of pill grass which could be safely grazed at the present time.
- 4- However, with this limited pasture, uncertainty of water supplies, the
operation would be extremely hazardous unless the operator also owned
sizeable land areas suitable for grazing on an adjoining island.
The entire island offers minor values for recreation in the
fora of game bird hunting and fishing. The hunting of game animals,
which would require building up a gaae animal population,would not
be compatible with a rebuilding of the island soil resources.
-5 - V KAHOOLAWE NAVAL RESERVATION Presidential Executive Order No. 10436 Date; February 20, 1953 Control: U. S. Navy Authority; Section 91 Purposee for naval purposes Map Reference: Location: Island of Kahoolawe CSP 11526 Area: Approximately 45 square miles (28,800 acres) less 23.3 acres used for lighthouse purposes (Presidential Proclamation No. 1827)
Note: Area formerly covered by Revocable Permit No. 800
Key No. 25
PRESIDENTIAL PROCLAMATION NO. 1827.
DATED: FEBRUARY 3, 1928 .
Setting aside for Light House purposes land on the Island of Kahoolave:
Office of the Commissioner of Public Lands LIGHTHOUSE SERVICE
By the President of the Untted States of America A proclamation HEREAS, it appears, that the land hereinafter described, ceded by the Republic of Hawaii to the United States of America, and in the possession, W use and control of the Territory of Hawaii is necessary for the uses and pur poses of the United States of America, to wit, for Lighthouse purposes. Now, therefore, I, Calvin Coolidge, President of the United States, by virtue of the authority in me vested, and pursuant to the provisions of Section 91 of the Act of April 30, 1900, (31 Stat., 159,) entitled An Act to provide a government for the Territory of Hawaii, as amended by Section 7 of the Act of May 27, 1910, (36 Stat., 447,) do hereby declare and proclaim that the following described land be and hereby is taken for the uses and purposes of the United States, to wit, for Light house purposes: All that piece and parcel of land situated on the Island of Kahoolawe, in the Territory of Hawaii, described as follows, to wit: Beginning at a point marked by brass pin in a concrete block stamped "U. S. L. H. S.”, said point bearing 139° 00' SO" and distant 540.4 feet from triangulation station “Hope”, thence by true azimuths and distances, as follows: 1. 264° 34' 00' 1369.23 feet to a brass pin in a concrete block stamped “U.S. L. H. S.”; thence 2. 278° 54' 00' 290.0 feet to a point on the seashore at highwater mark; 3. Thence along the meanderings of highwater mark at seashore to a point which bears 840° 34' 00' and is distant 188.00 feet from the point of begin ning; thence 4. 264° 34' 00' 188.0 feet to the point of beginning,a n d c o n t a in in ga n a r e a OF 23.3ACRES MORE OR LESS. In W itness W h ereof, I have hereunto set my hand and caused the seal of the United States to be affixed. D o n eat the Cityof Washington this3d day of February, in the yearof [se a l] our Lord one thousand nine hundred and twenty-eight and of the Independence of the United States the one hundred and fifty-second. CALVIN COOLIDGE Bythe President: F r a n k B. K el lo g g Secretary of State [N o. 18271
€ i. «dTtijndOfT ranrriM o mj m d -dt/Vs! LANAI 1 KAHOOLAWE LIGHTHOUSE RESERVATION Presidential Proolamation No. 1827 Date ? February 3> 1928 Control? U. S, Coast Guard Authority; Section 91 Purpose ? Lighthouse Map Reference; Location; Island of Kahoolawe Tax Map Key 2-1-01 Area; 23-3 acres
(
Note; Governor’s Executive Order No. 308 dated December 19, 1927, covers same land. To avoid confusion, Governor’s Executive Order No. 308 was cancelled by Governor1s Executive Order No. 1528 dated October 1, 1932. Key No. 24 Lae o Kuikui
LEGEND:
• ARCHAEOLOGICAL SITES • HEUCOETER LANDMG RADS ■ ARTUERY RANGE HaUioawa * g r e n a d e ra n g e B MFI.TRATION COURSE □ TROOR SAFETY LIGHTS Q OBSERVATION TOWERS [ • ] GROUND TRAINING Puhi Kof»e_ u■*la
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