Form No. 10-3003 (hev. 10-741 UNITED STATES DEPARTMENT OE THE INTERIOR FOR NPS USE ONLY NATIONAL PARK SERVICE RECEIVED NATIONAL REGISTER OF HISTORIC PLACES INVENTORY - NOMINATION FORM DATE ENTERED ______■______

CONTINUATION SHEET______ITEM NUMBER PAGE Appendix-1______

Appendix A. Kaho'olawe Survey Background Information This brief introduction to the archaeology of Kaho'olawe is included with each site form to demonstrate the significance of each individual site within the context of the unique archaeological pattern of the whole island. Kaho'olawe is the smallest of the eight major islands of the Hawaiian group, its 45 square miles constituting about 0.77% of the land area of the state. The summit of the island is 1477 feet. Lua Makika and the low topography and its position in the lee of eastern Maui combine to limit the orographic rain, making Kaho'olawe the most arid of the main islands. Mean annual rainfall is about 25 inches at Lua Makika and 10 to 15 inches at the coast. Erosion has reduced large sections of the interior upland of Kaho'olawe to barren saprolitic hardpan. The west end of the island slopes gently down to the ocean. The low sea cliffs of the northwest coast are bro­ ken at intervals by 15 major gulches and several minor ones, most of which originate near the east-west centerline of the island. Sheer 300 feet to 800 feet cliffs form most of the remaining half of the coastline. The biotic community has changed significantly in the two centuries since Western Contact was established during Captain Cook's third vo­ yage (1778-79). Today the dominant flora are the introduced kiawe tree (Prosopis pallida„ a close relative of mesquite) and various grasses in- cluding the native pili (Heteropogon contortus). Feral goats, probably introduced to the island before 1850, have contributed significantly to the severe erosion of the island. From 1941 to 1968, the U.S. Navy made use of the entire island as a tar­ get range. Since 1968 bombardment has been limited to the central sec­ tion, comprising about one-third of the island. Within this target zone are 20 targets for ship-to-shore bombardment (the "S-" or "Sierra" tar­ gets) and 17 for aerial bombardment (the "A-" or "Alfa" targets). The pre-Contact Hawaiian oral traditions include accounts of two-way voyages led by illustrious chiefs between Hawaii and the Society Islands The era of these voyages is often referred to as the "Migratory Period". Though these oral traditions do not include a chronology in years, appro­ ximate A.D. dates can be assigned by a count of generations. Using 20 years as the average length of a chiefly generation, the "Migratory Period” ended about A.D. 1400. Accorldlng to David Malo, a Hawaiian

1 Form No. 10-300a (Rev 10-74)

U NITED STATES DEPARTMENT OF THE INTERIOR FOR NPS USE ONLY NATIONAL PARK SERVICE RECEIVED NATIONAL REGISTER OF HISTORIC PLACES INVENTORY -- NOMINATION FORM DATE ENTERED

CONTI NUATION SHEET______ITEM NUMBER #7____ PAGE Appendix-2______scholar of the early 19th century, Kila, a chief of the late Migratory Period " ...sailed on an expedition to Tahiti, taking his departure, it is said, from the western point of Kaho'olawe, for which reason that cape is to this day called Ke-ala-i-kahiki (the route to Tahiti)." (Malo, 1951, p. 7) Kealaikahiki point and Kealaikahiki channel to the northwest are named in several other legendary accounts of similar voyages by chiefs who were approximate contemporaries of Kila. Traditions of the succeeding centuries, however, seldom mention Kaho'olawe, since it seems to have lacked the powerful chiefs (ali' i) for and about whom most oral traditions were composed. The pre-Contact population of Kaho'olawe was probably never more than 1000, and undoubtedly was much smaller at times. However, archaeological evidence presently available indicates an ancient population density and an intensity of land-use similar to that of Lana'i or similar dry sections of other main islands. When considered separately, the archaeological value of individual Kaho'olawe sites varies considerably with size, condition, complexity, uniqueness and other factors. As elements in an island-wide pattern reflecting an ancient cultural pattern and its history, they constitute a unique cultural resource in Hawaii. In part the value of the Kaho'olawe archaeological resources is associated with the concept of ahupua'a, the community level socio-economic unit of ancient Hawaii. In general, the Hawaiian settlement pattern did not include villages though there was a tendency for population to be clustered near the coast. The ahupua' a, a long narrow land section extending from the coast into the central uplands of an island, was the functional equivalent of a village. Whether the ahupua'a included a valley or an undissected expanse of sloping land, the variations in physiography, geology, eleva­ tion and rainfall throughout its length formed a series of microenviron­ ments supporting a variety of food resources and other necessities. While the number of ahupua'a on Kaho'olawe is unknown, all archaeological data thus far collected indicate that the economic pattern paralleled that of the ahupua1 a on the other islands. For example, numerous arti­ facts pertaining to marine exploitation have been found at interior sites. Also, evidence of relatively high population density at the coast, especially in the mouths of gulches, where large-scale agriculture is limited by adverse conditions (including low rainfall) seems to correlate with evidence of large-scale agriculture and lower population density in Form No 10 -300a (Rev 10-74)

UNITED STATES DEPARTMENT OF THE INTERIOR FOR NPS USE ONLY NATIONAL PARK SERVICE RECEIVED NATIONAL REGISTER OF HISTORIC PLACES INVENTORY ~ NOMINATION FORM DATE ENTERED

CO N TIN U ATIO N SHEET ITEM NUMBER # 7 PAGE Appendix-3 inland areas. The tentative conclusion drawn from these data is that sites in coastal and inland zones evidence two components of a single community-level economic pattern. Thus the function and significance of each archaeological site on Kaho'olawe must be considered as an element in a larger settlement pattern. It should be noted that the lack of verified data concerning the boundaries of the ancient land divisions of Kaho'olawe as well as the fact that the survey of the island is presently ongoing, has prevented the division of the island into major archaeological districts for the purpose of regis­ tration. The boundaries of the archaeological site described here are determined by clustering of archaeological features and inferred function­ al relationships rather than known or surmised ancient land units. Thus, each site represents a small element of either the inland or the coastal component of the overall settlement pattern. The body of archaeological data resulting from the present study of Kaho'olawe is unique in Hawaii in part because no other total island has been the subject of an intensive survey. More significant, however, is the fact that the degree of preservation is greater on this island than on any other, since urban and.agricultural development has seriously depleted the archaeological resources elsewhere. (The possible exception to this statement is Ni'ihau, about the archaeology of which little is known.) Moreover, the extreme erosion of the interior of Kaho'olawe allows the investigation of a component that is rarely detectable else­ where in Hawaii. Most of the inland sites consist of localized clusters of midden and artifactual material that have been deposited on the sapro- litic hardpan as the soil matrix has eroded away. In many cases a small grass-covered hill or hummock of intact cultural deposit remains near the center of the site. Uneroded,nearly all of these sites could be obscured by only a few centimeters of accumulated earth, since few include substantial stone structures that would protrude from the covering soil. Certainly archaeological analysis of the sites is impaired by the removal of archaeological context. Yet initial studies show that while vertical deposition data are lost, horizontal displacement of remains has been relatively minor. If we add to this the significance of large-scale settlement pattern that would otherwise have been undetectable, as well as the ease of near-total recovery of stone artifacts from eroded sites as well as the probability that some inland sites remain intact in patches of remaining topsoil, it is clear that the Kaho'olawe inland sites constitute a valuable component of the archaeological resources of the island. CONTINUATION SHEET ITEM NUMBER #7 p ag e Appendix-4 Clearly the value of each individual site on Kaho'olawe derives substan­ tially from its situation within this unique archaeological pattern. The spatial aspect of this islandwide pattern have been described briefly above. As the survey progresses, chronological relationships are also being studied through the surface collection and hydration-rind analysis of artifacts of basaltic glass, a substance similar to obsidian. Pre­ liminary results, based on the analysis of more than 200 samples can be summarized as follows: Coastal occupation began by about A.D. 1150 and the coast was well-populated by the mid 14th century. Large-scale popula­ tion seems to have begun around 1400, Thus far, the latest dates from the island are from the first half of the 17th century. Though this summary is subject to revision as more data are collected it is signifi­ cant that it is very similar to a preliminary sequence developed on the basis of dated sites on western Hawaii island; Halawa valley, Moloka'i and several areas on O'ahu. The Kaho'olawe sequence, when considered with data from the rest of the state has allowed the development, refinement, revision and preliminary testing of a number of hypotheses incorporating demographic, geological, metrological, botanical as well as archaeological data. The research value of the Kaho'olawe archaeological resources clearly is demonstrated by the fact that substantial contributions to Hawaiian archaeology have already been made despite the fact that the present study is only a surface survey and is, in fact, not yet complete. - When compared with recorded archaeological resources in other surveyed areas in Hawaii, Kaho'olawe sites include few clear-cut stone and earth structures. The most common type of feature, both at the coast and in­ land is the "activity area", which consists of a concentration of artifacts and midden material in an area ranging from two to 100 meters or more in diameter. Usually these features show no surface indications of perisha­ ble superstructure, though it is probable that many once formed the foundation of pole-and-thatch houses. Often an activity area in a coastal site is found on a flat natural "step" in the side of a gulch. In some cases stone retaining walls were built along the edges of such activi­ ty areas. These walls, like all pre-Contact stone structures are of mortarless masonry. Most of the coastal complexes include one or more structures that appear to be fishing shirines of ko1 a. Commonly, a ko'a is a small stone enclosure within which are found pieces of unworked coral and at least one upright oblong water-worn stone. Such stones, which are usually unworked, were images representing fishing deities. Ritual for super­ natural maintenance of marine resources took place at these shrines and concentrations of fishbones that may be the remnants of offerings are sometimes found in or near them. The unworked coral that marks all Form No 10-300a (Rev. 10-74) UNITED STATES DEPARTMENT OF THE INTERIOR FOR NPS USE ONLY NATIONAL PARK SERVICE RECEIVED NATIONAL REGISTER OF HISTORIC PLACES INVENTORY ~ NOMINATION FORM DATE ENTERED

CONTINUATION S H E E T ______ITEM NUMBER §T]______PAGE Appendix- 5______ko'a is believed to be an ancient symbol of sanctity. Ko'a on all islands are usually.found within 100 meters of the shore. It is interesting to note, then, that a number of eroded inland sites on Kaho'olawe include the remnants of structures that resemble ko'a. These are concentrations of unworked coral that appear to have been surrounded by alignments of large stones. In some cases, a pavement of water-worn pebbles is closely associated with the coral. These features are tentatively labelled "inland shrines" on the assumption that the coral found in all of them was a symbol of sanctity here as it was on the coast. Kaho'olawe was surveyed for the Bishop Museum in 1931 by J. Gilbert McAllister (McAllister 1933). The usefulness of McAllister's data is severely limited by the fact that he was only able to spend one week on the island. Both the overall coverage and the description of individual sites are incomplete. For example, McAllister lists 50 sites, most of which were single features, for the whole island. In contrast, the number of sites and included features to be recorded during the present survey is expected to exceed 200 and 800, respectively. Moreover, site descriptions in the 1933 report are often so incomplete and poorly plotted that they cannot be identified with certainty today.

Bibliography Malo, David 1951 Hawaiian Antiquities B . P. Bishop Museum Special Publication 2, Second Edition, translated from the Hawaiian by Dr. Nathaniel B. Emerson. B. P. Bishop Museum Press, Honolulu McAllister, J. Gilbert 1933 Archaeology of Kaho'olawe B. P. Bishop Museum Bulletin 115. Bishop Museum Press, Honolulu

5 KAHO’OLAWE CULTURAL RESOURCES SURVEY: 1977 - 78

Research Design By Dr. Robert J. Hoiranon, Archaeologist State Historic Preservation'Office '

The renegotiation of the Kaho'olawe Cultural Resources Survey contract provides the opportunity to present the analytical framework within which the survey will continue in the form of this Research Design. Basically the design consists of research problems and hypor- theses and the ways in which each is to be addressed during the rest of the survey. The significance of each Kaho'olawe archaeological site that makes it eligible to the National Register lies for the most part in its potential to provide answers to research problems, to test old hypotheses and to generate new ones. At the inception of the present survey, it became clear that the archaeological data available on Kaho'olawe were far more abundant than previously known. Subsequently the methods and research objectives have become increasingly sophisticated with each successive field trip and the subsequent analyses of data collected. It is significant to note that while research on other islands provides the theoretical background for the research design presented below many of the specific hypotheses have been generated on the basis of results of the Kaho'olawe survey thus far. The purpose of an intensive archaeological survey is to record the form and content of each archaeological site on the basis of surface inspection, test excavation and analyses of selected samples and to‘assess its significance in the context of research, preservation and planning. The Kaho'olawe survey will continue to be based on the recording and evaluation of sites based on their external form. In addition, it will be intensified through increased subsurface investigation of both sur-* face sites and buried archaeological deposits and by the generation and testing of explicit hypotheses. (2)

The importance of controlled subsurface investigation in this survey has become increasingly clear as such investigations have revealed vital information in each case. This has been found to be especially true in the northern or "Sierra" target zone. In this zone, inspection of natural erosion faces led to the discovery of a charcoal layer that may constitute one of the most important cultural resources on the island. The definition, investigation, and management of this resource is discussed below in more detail (after the discussion of hypotheses 9a and 9b). Listed here are sets of alternative hypotheses generated on the basis of the Kaho1olawe survey thus far in the general Hawaiian archaeology context. These hypotheses describe complex cultural and ecological relationships for which there is evidence in the archaeological record. Because of the present project is only a survey, albeit a de­ tailed one, none of these hypotheses will be absolutely "proven" or "disproven". Rather it is expected that strong evidence will be found to support one of each set of hypotheses, thus demonstrating the signi­ ficance of a wide range of archaeological sites and providing a solid basis for future research, preservation, and management programs. In most cases, the hypothesis that seems the most acceptable in the light of present knowledge is the first in the series of alternatives. Each set of numbered hypotheses is followed by a discussion of the general archaeological work that would contribute to the support of one or ano­ ther of the alternatives. la. Occupation of Kaho'olawe on a permanent basis occured comparatively late in the Hawaiian sequence (after A.D. 1000), but preceded large-scale inland exploitation of the island. lb. Occupation of Kaho'olawe on a permanent basis occured early in the Hawaiian sequence (before A.D. 1000) lc. Occupation of Kaho'olawe was not established on a perma­ nent basis until large-scale inland exploitation was es­ tablished (probably after A.D. 1400) (3)

Continuation of the practice of dating sites with basaltic glass will provide us with an increasingly accurate estimate of the period of Kaho'olawe settlement. The confirmation of permanent habitation is difficult in Hawaii and on Kaho'olawe as elsewhere it must be based on extensive excavation of a reasonable sample of sites. However, data collected during the survey will aid in the exploration of these hypotheses. Habitation sites with evidence of long-term , multiseasonal occupation as well as sites with evidence of agriculture would contri­ bute to the aspect of the study. Agricultural evidence include struc­ tures (terraces and irrigation ditches) as well as indirect data such as charcoal flecks in soil, which may, under some conditions indicate that slash-and-burn technique of land-clearing. 2a. Kaho'olawe was settled by people from a nearby Hawaiian island, probably Maui' or Lana'i. 2b. Kaho'olawe was settled by non-Hawaiian Polynesians.

Artifacts and other archaeological data indicate a close re­ lationship between the Kaho'olawe cultural inventory and that of the other Hawaiian islands. It is possible that more detailed stylistic and physical analyses of artifacts and sites may reveal an affinity to one particular island. For example, petrographic analysis may.show that adzes made on Kaho'olawe are found in sites in one section of Maui but not others. Kaho'olawe seems at present to be an unlikely place for people voyaging from southern' Polynesia to establish- a settlement, since larger islands with greater environmental diversity are nearby. However, the non-quadrangular adzes produced in the adz quarry may indicate a stylistic introduction from an external source. Various legends also name Kealai- kahiki, the next point of the island as an embarkation point for two-way voyages to the south. (4)

3a. Kaho'olawe was settled comparatively late in the se­ quence because it was environmentally marginal in com­ parison with other areas that were already occupied on nearby islands. 3b. Kaho'olawe was settled late because of its isolation rather than its preceived marginal status.

The term "marginal" has been used by archaeologists to refer to various regions of Hawaii, including areas of diverse as Makaha, Barbers Point and Kaho'olawe- The importance of the concept for pre­ history lies in the assumption that areas that were considered as less desirable, less productive, or less cultivable by the ancient Hawaiians remained uninhabited until factors such as population pressure required their settlement. Continued research on Kaho'olawe will enable us to better ascertain the ancient availability of drinking water, the extent and quality of agricultural land and other productivity factors. 4a. Early population expansion on Kaho'olawe resulted in a chain of settlements whose habitation and activities were limited chiefly to the coastal zone before c. A . D . 1400. 4b. Early population expansion on Kaho'olawe resulted in the development of a mauka - makai production and distribution system of the ahupua' a type before c. A.D. 1400.

The pattern of data so far collected indicate that the first alternative represents reality. However, all inland dates so far collectec have come from sites that are exposed by erosion- Investigation of buried evidence in the slope area between the coastal zone and the interior eroded zone may show that the expansion inland took place sequentially, in an inland direction. (5)

5a. Island-wide population increase was directly related to an inland aaricultural expansion c. A.D. 1400. 5b. The inland expansion of agricultural activities resulted in a shift of population density rather than an absolute increase in numbers. 5c. Island-wide population increase was directly related to the increase in the exploitation of resource other than agricultural land.

The concept of inland agricultural expansion and the problem of distinguishing agricultural exploitation from other kinds are treated in more detail in the discussion of the charcoal layer in the northern target zone. As with other hypotheses concerning chronology, the con­ tinued collection and analysis of basaltic glass samples, supplemented with carbon-14 data will result in refinement of population size, distribution density and growth in various parts of the island'.. 6a. The development of large-scale inland agriculture around A.D. 1400 is directly related to the introduction of hitherto unknown agricultural technology. 6b. The development of large-scale inland agriculture around A.D. 1400 is directly related to a major climate change. 6c. The development of large-scale inland agriculture around A.D. 1400 is directly related to population pressure.

Data from west Hawaii, Halawa valley, Moloka'i and several areas on O'ahu indicate that the inland expansion was a group-wide phe­ nomenon, and these three hypotheses seem to represent the range of his­ torical phenomenon that may have led to the expansion. Evidence sought during the Kaho'olawe survey will include the form and distribution of ' structures (discussed more fully below), geological indications of en­ vironmental shifts, and demographic data concerning changing population densities in the coastal and inland zones. (6)

7a. Development of agricultural land on Kaho'olawe varied in intensity according to local environmental conditions including soil productivity, rainfall, and availability - of ground water, and large areas of the island were never developed. 7b. Environmental conditions and agricultural technology allowed the ancient use of most of the land surface of Kaho'olawe for cultivation.

Specifically, it should be noted that the western portion of the interior of the island seems to lack archaeological sites. It is possible that the undisected west end of the island, which received the lowest rainfall could not be used by the ancient inhabitants since the ^ conditions were subminimal for their crops and techniques. The discover^ of the minimal conditions for ancient agriculture on Kaho'olawe would be an important addition to our knowledge of ancient Hawaiian culture \ and can be compared with the "barren zone" data of North Kohala, Hawaii 1 Island. 8a. The incipient nucleation of settlement pattern that is visible at Hakioawa is the result of higher, economic productivity in this area. 8b. The incipient nucleation of settlement pattern that is visible at Hakioawa is the result of the presence there of a focus of sociopolitical control.

The concept of nucleation as used here includes not only re­ latively high population size and density, but also a concentration of sociopolitical activity and control. Hakioawa has not yet been surveyed, but previous studies, recent verbal descriptions and a brief recounaissanc of this coastal settlement indicate that it is larger than any other settlement on the island. In addition, it is believed to include at least two heiau (temple) platform, as compared with two or three possible heiau that have been found so far in the entire surveyed area. (7)

The survey of Hakioawa will include not only the description of the local settlement, but also a preliminary assessment of the pro­ ductivity of the land that probably supported it- Both these factors will be compared with similar data collected from other Kaho'olawe coastal settlements. In particular, specialized structures other than heiau will be sought that may be evidence of social stratification (possibly larger or more elaborate house foundations or sets of related adjacent foundations) and community activities {remains of structures that may be hale mua or men's houses) . According to oral traditions, Kaho'olawe was controlled by Maui chiefs for many generations before Contact- Hakioawa, being located on the side of Kaho'olawe facing Maui, may have been the settlement from which control was exercised- Because of the stylistic uniformity of Hawaiian material culture, a connection between the two islands would be difficult to establish on the basis of archaeological remains. How­ ever, if Hakioawa and its environs are.found not to possess any resources that would seem to support nucleation, the second of the two hypotheses (above) may be more acceptable. 9a. The population of Kaho'olawe was seriously reduced at least 100 years before Western Contact as a result of environmental degradation that was intiated around A.D. 1400. 9b. While the population of Kaho 'olawe remained'approximately stable after the initiation of environmental degradation, its distribution shifted significantly-

This pair of alternate hypotheses is based on the fact that basaltic glass samples thus far analyzed seem to indicate a rapid fall- off in the number of occupied coastal site following A.D. 1400 and a similar fall-off in the inland zone about A.D- 1600 to 1650. These data seem to indicate abandonment of the island by the mid 17th century pre­ ceded by a dramatic shift in settlement pattern some 200 years before, during which coastal sites were abandoned. At present it is reasonable (8)

to- hypothesize that a direct link exists between the apparent environ­ mental degradation that resulted in the Ahupu Formation soils and the apparent reduction of population of the coastal zone and then of the island as a whole. Related hypotheses are discussed in the following section. An important part of the continuing survey will be the inten­ sification of the survey in the northern target zone are described in detail below. It is particularly important that this intensified sur­ vey be completed in the near future not only because of the importance of the archaeological resource found there but also because the resource probably underlies Sierra targets and mitigative measures must be dis- - cussed and implemented as soon as possible. During the August and September field trips to Kaho'olawe the archaeological surveyors of the Historic Preservation Office recorded portions of a large and significant archaeological resource, the primary constituent of which is a layer of charcoal that lies between the two soil layers that are found throughout the area. The lower of these two soil layers has been named the Kaho'olawe Formation by Maury Morgenstein and Hallatt Hammatt of the archaeological team. It is the matrix within which are found the earlier sites on the island. The upper layer has been named the Ahupu Formation and it is believed to consist of material that has been redeposited by wind and water after having been eroded from the central upland of the island. Apparently, the Ahupu Formation is the matrix within which most of the inland sites, all of which date from c. A.D. 1400 to 1650, are found. Outcrops of the charcoal layer have been found in sites and other exposures extending from the coast to the lower boundaries of the inland hardpan areas from which both soil layers have been removed by erosion. Undoubtedly, the charcoal layer also extends to the east and west, beyond the Troop Safety Lines, since these Lines are arbitrary and do not correspond with any phenomenon that would have limited the forma­ tion of such a layer. (9)

On the basis of preliminary data, the charcoal layer appears to evidence large-scale burning limited to a relatively short time period. The charcoal has not yet been dated, but every indication is that it is pre-Contact in age, and the most reasonable hypotheses would place it at around A.D. 1400. Although wood charcoal has been found in the layer, its primary constituent seems to be the charcoal remains of grass roots and stems. The fire or fires that resulted in the char­ coal layer were probably of human origin, though natural causes cannot be ruled out entirely at this time. Archaeological and ethnohistoric evidence supports the ancient use of the slash-and-burn technique of agricultural land clearing on most of the Hawaiian islands. Charcoal flecks found in the Kaho'olawe Formation in a number of coastal sites may represent the use of this technique before the deposition of the charcoal layer. Presently available evidence suggests that the slash-and-burn technique was used on a large-scale during the inland expansion that began around A.D. 1400 during which large areas may have come under cul­ tivation simutaneously. The position of the Ahupu Formation above the charcoal layer suggests that the two strata may be directly related to each other. Specifically, it is reasonable to hypothesize that the re­ moval of vegetation with soilholding properties initiated the erosion cycle that today continues to denude the uplands of the island. Further, it is possible that the large-scale erosion may have been directly re­ lated to the apparent abandonment of first coastal sites and later inland sites. phenomena suggested by the chronological data now available. The charcoal layer appears to represent a period of pivotal im­ portance in the pre-history of Kaho'olawe, during which major changes took place in the economy, demography, and ecology of the island- Evi­ dence from other islands suggest that similar processes may have affected the history of the entire Hawaiian group. It is essential that this extensive archaeological resource be recorded. Although fragments of the charcoal layer have been investigated (10)

superficially, its nature, its dimensions, and its significance are not well enough known for the submission of a National Register form nor for the preparation of recommendations regarding its preservation. Specifically with respect to preservation it should be noted that the charcoal layer may underlie some of the Sierra Targets and that further investigation of this resource is necessary to determine what if any mitigative action should be recommended to ensure the preservation of significant archaeological data. This project includes test excavations and field and analytical techniques that expand beyond the scope of the survey as it has been con­ ducted thus far. These procedures are necessary to record this extensive archaeological resource which appears for the most part to be buried be­ neath the Ahupu Formation soil. The geographical limits of the proposed intensified survey are the northwest coast of the island on the north, the hardpan boundary on the south and the Troop Safety Lines to the east and west. The Troop Safety Lines have been chosen because they delimit the area in which the charcoal layer may be endangered by Navy activities. On the basis of data collected during the intensified survey, the study of those portions of the charcoal layer lying outside the proposed study area will proceed as the survey of the rest of the island continues. The intensified survey of the northern target zone has been designed to determine the extent, nature, and cultural implications of the charcoal layer through the testing of a number of sets of alternative hypotheses. These hypotheses are presented below, along with a summary of how each set is to be tested. 10a The burning evidenced by the charcoal layer extended througf out the designated intensified survey area. 10b The burning was limited chiefly to the gulch areas. (11)

Most of the outcrops of charcoal discovered thus far have been in erosional faces in and around gulches. An essential part of the intensified survey will be the inspection of erosion faces and the sides of ordnance craters on the ridges that separate the gulches for stratigraphic evidence of the presence or absence of the charcoal layer. The first function of test pits excavated in these areas in known sites and at other locations will also be to determine the dis­ tribution of the charcoal layer. 11a. The charcoal layer resulted from a single large-scale fire over the entire project area. lib. The charcoal layer resulted from two or more large-scale fires during a comparatively short period of time (two to fifty years). 11c. The charcoal layer resulted from two or more large-scale fires during a long period of time (more than' 50 years). lid. The charcoal layer in each limited portion of the project 1 area represents a single small-scale fire covering a few acres at a time. lie. The charcoal layer in each limited portion of the project area represents two or more small-scale fires, each of which covered a few acres at a time.

The charcoal layer will be inspected in erosion faces, ordnance crater surfaces and test excavation faces in a variety of locations and physiographic zones. In each instance the thickness and stratigraphic nature of the layer will be carefully inspected and recorded. Factors that will support the acceptance of one alternative hypothesis over the others will be the thickness of the layer, the nature of the charred plants, and the existence of strata within the layer as well as evidence of redeposition,sorting, and of non-charcoal strata that may separate charcoal strata. Extensive exposure of the layer will be searched for lateral variations. Ideally, the evidence of a single large-scale burn would be a thin layer of charcoal, lacking internal stratification, con­ sisting of a single layer of grass and/or other plants and extending unbroken (12)

along extensive exposures. Conversely, the evidence of multiple small- scale fires would consist at least in part of thick layers of charcoal containing localized alternating strata of charcoal and soil. The charcoal strata would consist of clearly differentiated and superimposed layers of grass and/or other plants and would be discontinuous along extensive exposures. 12a. The charcoal layer represents controlled burning. 12b. The charcoal layer represents a fire that was at least in part uncontrolled.

Evidence that would support uncontrolled burning would include charred structures with evidence of occupation immediately preceding the fire-damaqe. Though unlikely, the charred remainsof human beings and possibly domestic pigs or dogs might also support this hypothesis. Further data might be evidence of attempts to quench the fire such as firebreaks, ditches, and heaped earth. It is not expected that such evidence would survive. Fire as a weapon of war may be considered "uncontrolled" in this context, since control would be exercised by the enemy. It is unlikely that direct evidence of warfare could be identi­ fied with certainty during a project of this type. 13a. The purpose of the fire evidenced by the charcoal layer was to clear land for the growing of food crops. 13b. The purpose of the fire evidenced by the charcoal layer was to improve the crop of pili grass.

No definite evidence for agriculture has been found in the project area. Structural evidence for agriculture in the form of terraces field boundaries, clearings, and stone mounds constructed around the time of the formation of the charcoal layer may have been buried by the sub­ sequent deposition of the Ahupu layer. Such structures, as well as chemical, palynological and botanical evidence will be sought in the natural exposures and excavations. The absence of such evidence would (13)

not necessitate rejection of the agricultural hypothesis, since only a very small percentage of the project area will be searched thoroughly during this project. 14a. The Ahupu Formation soils that overlie the charcoal layer evidence a major environmental change on Kaho'olawe. 14b. The Ahupu Formation soils evidence no more than a minor environmental shift on Kaho'olawe.

The Ahupu Formation and the underlying Kaho'olawe Formation seem to be clearly differentiated with respect to color, texture, cul­ tural contents and other factors in outcrops in the project area. Detailed description and analysis of exposures and excavations will indicate whether the apparent differences between the two Formations represent major changes'in source, transportation, and deposition that in turn reflect major environmental changes. 15a. The burning evidenced by the charcoal layer is directly related to the environmental degradation that resulted in the deposition of the Ahupu Formation. 15b. The burning evidenced by, the charcoal layer is not directly related to the environmental degradation that follows it.

It is unlikely that either of these hypotheses can be totally

ruled out as a result of the intensified survey alone, since the

problem of relationship between the two events is a very complex one,

involving factors such as the reasons for the inland expansion itself.

Within the scope of the proposed work, for example, analyses of data

may indicate some climatic change that directly influenced both the

inland expansion and environmental degradation. RE: KAHOOLAWE AS PART OR THE LARGER REPARATIONS ISSUE

My Hawaiian Native Claims Settlement Study Commission proposal recognizes that a wrong was committed when representatives of the

United States supported the overthrow of the Hawaiian Monarchy in

1893, and that some form of reparations is due the Hawaiian people for the seizure and sale of Hawaiian Crown lands.

The records seem to show that Kahoolawe originally was Crown

land, so I believe it is reasonable that a reparations plan should address the seizure of Kahoolawe following the overthrow as part of the h istoric record.

I have been outspoken in the past on behalf of native Hawaiian reparations and certainly view Kahoolawe as part of the larger issue of Hawaiian Native claims based upon historic U.S. misdeeds.

### KAHOOLAWE TARGET COMPLEX

MARCH 1976

Geography and Description

Kahoolawe is the smallest of the eight main islands of the Hawaiian Archipelago. It is located approximately six miles southwest of the island of Maui, which places it less than 100 NM from the military forces sta­ tioned in Hawaii. The island is eleven miles long, six miles wide at its widest point, with a maximum elevation of 1,477 feet. Its area is approxi­ mately forty-five square miles or 28,000 acres.

Because of its location in the lee of Maui's 10,000 foot volcano, Haleakala, Kahoolawe is robbed of the moisture from clouds to the northeast and depends on occasional Kona storms for its annual rainfall. Unlike most other areas in the state, Kahoolawe is very dry and barren. While accurate records do not exist, the average rainfall is about 21 inches annually, mostly during the winter. Kahoolawe's dry climate lends itself to ideal conditions for flight operations both day and night. It is seldom plagued by heavy cloud cover or low visibility.

Historical Background and Title

Following the unification of the Hawaiian Islands under King Kamehameha I in the early 1800s, Kahoolawe became the property of the Hawaiian Kingdom. From the 1830s through the early 1850s the island was periodically used as a penal colony by the Kingdom.

The beginning of Kahoolawe's use as a grazing land for cattle, sheep and goats began in 1864 when the island was leased to a private individual. This lease was successively assumed by various individuals until 1910, when the lease was canceled because the vegetation had deteriorated and the soil was badly eroded by wind and water.

The Federal Government acquired fee title to Kahoolawe Island by the annexation of Hawaii in 1898. This title to Public and Crown lands of the Republic of Hawaii was confirmed by the Organic Act of 1900. However, right of use and possession was given to the Territory of Hawaii pending use by the United States. From 1910 to 1918 the island was proclaimed a Forest Reserve in an effort to halt the erosion and reclaim the vegetation. In 1919 this effort was abandoned, and Kahoolawe once again was leased for ranch land. The lease was renewed in 1933, to expire on 30 June 1954. The lease included a provision for cancellation if the island were needed for public purposes.

By sublease dated 19 May 1941, and a supplementary agreement dated 1 March 1944, the Kahoolawe Ranch Company gave the Federal Government pos­ session of the entire island, thus returning it to government control. Formal notice of Federal intention to use Kahoolawe Island was given by Presidential Executive Order 10436 on 20 February 1953. Title was not affected by the Statehood Act of 1959 which recognized lands previously set aside by the United States. Public Law 88-233, passed subsequent to the Statehood Act, permits conveyance of these lands to the State when no longer required by the Federal Government.

Executive Order 10436 reserved the island for the use of the United States and placed it under the jurisdiction of the Secretary of the Navy for use by the Armed Services. The executive order also granted the right of the Territory of Hawaii, at its expense and risk, and on a non­ interference basis, 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 program of soil conservation. The Order also required the Navy to eradicate, or keep to a minimum of 200 head, all cloven-hooved animals on the island. It further stipulated that when the island is no longer needed for military purposes, Kahoolawe would be rendered "reasonably safe for human habitation" and returned to the Territory without cost to the local government.

Kahoolawe Target Complex

Kahoolawe is typical of a military target complex. Its development since 1941 has been geared to the need for target facilities to meet training and readiness requirements. Through actual combat experience targets have been designed, built and placed throughout the island's surface to get maximum advantage of the island's training environment. The targets are suitable for use by Navy ships and aircraft and troops of all services. There are three basic type land targets.

Point Targets. A single or small area target needed to assess the accuracy of a pilot, surface ship or weapons system. Point targets must be ground stabilized (known latitude/longitude/elevation) and possess characteristics of targets likely to be found in actual combat conditions. A percentage of point targets are required for use with high explosive conventional ordnance to ensure the entire evolution of handling, loading, fuzing and delivering ordnance on target is at an acceptable level of readiness and safety. Point targets are also required to assess the effectiveness and delivery accuracy of certain weapons and guns.

Area Targets. This type of target is needed to test the combat effective­ ness of several aircraft or surface ships in coordination. Area targets may consist of an array of point targets or be large targets such as simu­ lated runways, surface-to-air-missile (SAM) sites, anti-aircraft gun sites, storage areas, etc. Area targets must resemble targets most likely to be encountered in actual combat conditions.

Ringed Targets. This type target is most commonly a circular ring surround­ ing a target center or "Bulls Eye." It is used to pin point the accuracy of a weapon delivered from an aircraft. This target provides the maximum amount of information to observers, pilots and aircrewmen as to the degree of readiness an individual or a squadron has achieved at any time during a training cycle.

2 Usage

General Requirement. The past few years have seen a reduction of over- seas bases. This withdrawal has been caused by changes in the international situation, by financial pressures, and by a rising sense of nationalism on the part of host countries. This last factor is expected to at least remain constant if not increase in the foreseeable future. Growing populations, industrial expansion, burgeoning food requirements, and increased air travel all demand land and airspace which are in short supply. The net result is that training operations on target areas like Kahoolawe have become increas­ ingly important.

Utilization. The Kahoolawe target complex is currently utilized for weapons delivery training by U.S. Navy, Army, Air Force, Marine Corps, Coast Guard, Hawaiian Air National Guard, air, ship and ground forces, and for allied Naval Forces. The targets are used for shore bombardment, gunfire support controller training, close air support training, individual and group air-to-ground attack training, and mortar and artillery firing. Normally the target complex is in use five days and four nights each week for locally based units. When aircraft carriers transit the area en route to the Western Pacific, weekend operations for embarked air wings are con­ ducted usually. The projected use of the target complex through 1979 is 285 days and 123 nights each year. Actual use in 1970 accounted for 216 days; 1971, 225 days; 1972, 250 days; 1973, 245 days; 1974, 250 days; 1975, 240 days. The variations were caused by fluctuations in force levels.

Simulation of Actual Combat Conditions. The unique features of Kahoolawe including its topography, climate and targets make the complex an ideal environment for simulating actual combat conditions. It provides an area large enough for sufficient realism in the training missions to enable strike leaders, pilots, ground forces and aircrewmen to become proficient in target identification, target acquisition and accurate delivery of ordnance. In addition, the variety of landmarks and targets provide a safe method of practicing the precise timing and coordination required in large air wing strikes. This valuable training without the exposure to actual enemy fire is perhaps the most valuable feature of Kahoolawe when considered in terms of lives and aircraft saved in actual combat. In conjunction with the expenditure of ordnance on these targets is the important training received by gunners, ordnancemen and ammo handling parties in the handling, loading and fusing evolutions of live ordnance aboard surface ships, aircraft carriers, at airfields, and in the field.

Readiness. The level of proficiency obtainable by military units through the use of the Kahoolawe target complex is a major factor in sup­ porting the requirement for such a complex in the Mid-Pacific area. Without reviewing the specific features of the island complex, it is sufficient to recall the wide spectrum of training the island can provide to its users. With this training available it remains possible for the Navy and Marine Corps and Army units to achieve and maintain a high state of readiness in the Mid-Pacific area. If our forward bases are phased out or reduced in Japan, Korea, Okinawa and Philippines, the Mid-Pacific region becomes even

3 more significant from a strategic standpoint. It follows then, that if Mid- Pacific Forces are needed, they must be maintained in a top state of readiness. Readiness cannot be achieved or sustained without training, adequate in scope and frequency of opportunity. The island also provides an opportunity to supplement the shore bombardment training received by West Coast ships prior to deployment.

Cost of Operating Kahoolawe. The actual costs incurred in operating the target complex are insignificant. All targets are made of surveyed or scrapped materials except for the range crew shelter and spotting shack. Since the complex is not manned on a routine daily basis, there are no salary or manning allowances associated with its operation. Minor costs are incurred quarterly in conjunction with target maintenance.

Alternatives

Until such time as naval shore bombardment, carrier based aircraft bomb­ ing, artillery fire support, and close air support of ground troops are no longer an integral part of modern warfare, the U.S. military forces will require the use of a target site such as Kahoolawe to maintain combat readiness. The principal users of the island are Oahu-based units. Kahoolawe, with its excellent weather, varying terrain, and ideal location, provides a uniquely suitable target site in the Hawaiian area. Military units stationed in the western part of the mainland and in West Coast ports utilize West Coast targets, but scheduling factors and costs make it pro­ hibitive for Hawaii-based forces to use West Coast targets. In the Hawaiian area, there are no suitable alternate targets. Several alternatives sug­ gested in the past are briefly discussed below.

Kaula Rock (Kauai) - Small rock 2 8 0 acres), little level terrain, hazardous- access, very few targets possible, no base camp or shore parties possible, no spotting facilities possible.

Pacific Missile Range Facility, Barking Sands (Kauai) - Ocean range lacks visual points of aim, visual adjustment of fall of shot, terrain features, and no live ordnance permitted.

Army Impact Areas (Oahu and Hawaii) - The Oahu areas cannot accept close air support operations due to the noise impact on the adjacent popu­ lated areas, the hazards of live ordnance to these same areas and air space restrictions. On Hawaii the hazard of night operations involving high altitude targets (6000 feet) located between two mountains both over 13,000 feet and frequent restrictions due to cloud cover preclude safe and effi­ cient air operations. None of the three sites can accept shore bombardment due to the hazards of firing over populated areas.

Midway Island (Hawaiian Chain) - More than 900 miles and three days steaming from Oahu, inhabited, bird sanctuary, no terrain features.

Johnston Island - Some 700 miles and similar considerations to Midway Island.

4 West Coast Target Sites - 2500 miles from Hawaii, unfavorable weather, varying restrictions.

Artificial Island - Construction costs prohibitive.

Special Precautions

Noise. To minimize the disturbance to Maui residents, the targets were moved from the northeastern end of the island which is closest to Maui and concentrated in the center third portion so that a high ridge would diminish the noise of the ordnance impact. Special meteorological observations are made to determine if local weather conditions are conducive to "trapping and focussing" sound waves toward Maui. If such conditions exist, live ordnance expenditures are prohibited. The maximum bomb load allowed to be delivered on any one aircraft pass is a single 500 pounder.

Safety. In addition, military aircraft are prohibited from flying directly over any inhabited island when loaded. Initial approaches are made from a southerly direction to avoid commercial airways, and the delivery patterns are kept as close as practicable to the island. Each flight is briefed to remain well clear of Maui.

Community Interests

Fishing. When the target island is not going to be used over the week­ end, the surrounding waters are opened to fishing by anyone who desires. Entry to the island itself remains prohibited due to the ordnance hazard. Fishing notices are broadcast by local radio stations and are published in the newspapers. Safety notices to mariners are publicized by the Coast Guard.

Conservation. In accordance with Navy directives, efforts are being made in soil and forest conservation. Projected experimental plantings have proven which trees and grasses will grow. An expansion of the reforesting effort is now in progress. In March of 1976, a planting of 200 ironwood trees will be made to create a windbreak.

Archaeology. A program is presently underway to determine if there are any archaeological sites on the Island of Kahoolawe which warrant preserva­ tion, and if so which are of such importance as to warrant official inclusion in the State of Hawaii Register or in the National Register of Historic Places. The Navy is currently cooperating in this endeavor with the State and National Historic Sites Preservation Officer for the State of Hawaii.

Historical Interest. In November 1975 a surge of interest arose over Kahoolawe which stemmed from an increased emphasis on the study of Hawaiian culture, history, background, and religion. A group of Hawaiians was per­ mitted to hold an ancient religious ceremony on the island in February 1976.

5 Ordnance Removal

Problem, When the military has no further use for Kahoolawe, the Executive Order stipulates that the island is to be rendered "reasonably safe." A study in 1969 by Explosive Ordnance Demolition (EOD) personnel estimated that there are over 10,000 tons of unexploded ordnance embedded in the island ranging from 20 millimeter to 16-inch projectiles. Extensive decontamination work could provide approximately 70% surface clearance but there could be no guarantee against later exposure of undiscovered ordnance, or against the detonation of such ordnance by construction or farm machinery. Since 1969 improvements in the technology of detection are estimated to have raised the surface clearance level to around 80%. The adjacent waters within the ten fathom curve would be more difficult to sweep and clear.

EOD Teams. Explosive Ordnance Demolition teams accompany every visiting group to the island to ensure their safety and to remove any hazardous material located near the base camp. In addition, live ordnance in the vicinity of targets and roads is detonated to assist the maintenance crews. These operations provide valuable field training to EOD personnel.

Current Situation. In November 1975, a joint conference committee of the U.S. Congress requested the Navy provide a study on the feasibility and cost of clearing the island of explosive ordnance. The Navy has engaged a civilian firm, Marinco Ltd. of Falls Church, Virginia, which is expert in ordnance clearance matters, to assist in the study. The study will deter­ mine the manpower, time and costs of various options which include total clearance, clearance of selected areas, and underwater clearance to a selected depth. The study will include all technically feasible clearance options and no option will be discounted because of its magnitude of effort or anticipated costs.

Conclusion

There is a valid basic requirement to provide Kahoolawe target training to the military forces stationed in Hawaii in order to ensure that opera­ tional readiness is maintained. While there are no suitable, alternative sites for the type of target exercises Kahoolawe offers, the military require­ ments will be reviewed periodically to determine if the island is still needed. Until such time as it may be conveyed to the State, the Navy will continue to cooperate in every way with State, County and City officials and the people of Hawaii.

6 Ellen R. Ramsey Advisory Council on Hist. 254-3974 Preservation Ira Whitlock Cong. Liaison NPS 343-8067 Phil Parlsius EPA 245-3306 Ken Tapman ACHP 254-3974 Ted Gardon Dept. of Navy 697-6196 Charles Blblowlt Dept.of Justice 739-2956 Lars Hanshln DOI/Solicitor's Ofc. 343-7957 Joe August Attorney - PKA 808-242-9003 Elma Henderson Sen. Matsunaga's Ofc. 224-6361 Wm. Murtagh Keeper, Nat. Reg. DOI 523-5065-6 Larry Aten NPS-OAHP 523-5454 Sarah Bridges Nat'l Reg. OAHP 523-5483 Jim Jamieson Council on Environmental 633-7036 Quality Doug Carlson Congressman Heftel's Ofc. 225-2726 Eller Ravnhclt Senator Inouye's Ofc. 224-3934 Laurie Loomis Senator Inouye's Ofc. 224-3934 Emmett Aluli Ohana 808-558-8291 Francis Kauhane Ohana 808-967-7976 Karen Koyanagl Cong. Akaka' s Ofc. 225-4907 Karen Sullivan Cong. Heftel's Ofc. 225-2726

E LMER. F. CR AVALHO M a y o r ICHIRO MAEHARA Executive A ssistant

OFFICE OF THE MAYOR COUNTY OF MAUI W AILUKU, MAUI, HAWAII 9 6 7 9 3 TELEPHONE 244-7015

January 29, 1976

PETITION FOR

REVOCATION OF AIRSPACE

Restricted Area R-3104 - Kahoolawe, Hawaii

To: Director, Air Traffic Service, Federal Aviation Administration, Department of Transportation ' 4 ‘ From: Mayor, County of Maui, Hawaii

IN ACCORDANCE WITH FEDERAL REGULATIONS, 14 CFR 11.75, IT IS

HEREBY REQUESTED ON BEHALF OF THE PEOPLE OF THE COUNTY OF

MAUI THAT AN AIRSPACE RULE BE PROMULGATED REVOKING THE

DESIGNATION OF THE KAHOOLAWE RESTRICTED AREA, R-3104 A/B/C,

AND FURTHER, THAT ACTION BE TAKEN TO REVOKE THE ESTABLISHMENT

OF THE ASSOCIATED WARNING AREA, W-324 A/B.

OUR PETITION is based on the following:

1. The Kahoolawe target complex represents a continuing

and increasing hazard to non-participating aircraft, to

persons and property on the island of Maui and to

vessels at sea in the Kahoolawe area. The increasing

population growth on the island, increasing air traffic

and the new inter-island surface transportation system tend to convert the "administrative scheduling error,"

misunderstandng or incorrect bomb release into an

environment conducive to tragedy. Wo believe that the

potential for such a tragedy has already reached an

unacceptable level.

2. Restricted Area 3104 A/B/C and Warning Area 324 A/B,

both of which serve the Navy use of the Kahoolawe

target complex, pose restrictions to the free flow of

inter-island air traffic throughout the Hawaiian island

chain. Virtually all air traffic between the islands of

Kauai, Oahu, Molokai, and Lanai, and the island of

Hawaii, as well as aircraft approaching Maui (Kahului)

from the south and departing to the south therefrom,

are required to use a single airway (V-2-21) passing

between the islands of Kahoolawe and Maui with an

abnormally high minimum instrument altitude. This air

traffic is thereby compressed into a single route,

which lias been narrowed to less than the regulatory

minimum, with attendant congestion, delay and increased

potential for mid-air collision. Also, Warning Area

W-324 restricts a normal instrument approach to Lanai

Airport and bars installation of modern instrument

approach facilities,

3. The Navy has consistently failed to comply with the

requirements of the regulations promulgated by the

Administrator in establishing the "terms, conditions

- 2 - and limitations as doomed necessary in order to insure the safely of aircraft and the efficient utilization of such airspace.” (Section 307 (a), Federal Aviation Act of 1958, as amended.)

(a) The Navy has not properly complied with 14 CFR

73.15(b) which requires that the Using Agency notify the controlling agency (F.A.A.) when it may grant permission for transit through the restricted area, in that it, on several occasions, has declared the area open when in fact the area was in use; (b) the Navy has not fully complied with 73.15(c) with regard to scheduling activities within the restricted area, authorizing transit through the area when feasible, and further, with regard to containing within the restricted area all activities for which the area was designated; (c) the Navy has- consistently failed to fully comply with the requirements of 14 CFR 73.19 which requires certain specific information be filed with the F.A.A., each year, concerning-/its utilization of the restricted area assigned for its use at Kahoolawe; specifically, in

Sections 73.19 (b) paragraphs (3), (10), (14), and

(15). The data provided has been inadequate to serve as a basis for the systematic review and analysis required for all airspace removed from free transit by the aviation public; (d) Regulation 14 CFR 11.63(c) requires certain specific information be included as a

- 3 -

\ part of every application for assignment of airspace

for special use purposes. Paragraph (2) thereof requires

that the record include a "complete description of the

activity or use to be made of that airspace ...." Over

the years, the Navy has permitted use of the target

complex by foreign aircraft and vessels, by other

military services and for uses not included in the

original request—but without any rulemaking action to

approve changes to the uses and users for which the

area was originally designated; (e) all the above

referenced regulations are mandatory in nature and may

not be waived by the F.A.A. without formal rulemaking

action—of which there is no record.

4. The airspace for the Kahoolawe target complex was

originally assigned to the military after the attack on

Pearl Harbor in World War II and continued during the

Korean conflict and the Vietnam war. A re-evaluation

of the assignment, in light of today’s technological

advances, the changing international situation, the

changing role of the United States as a world power and

the renewed interest in the preservation and quality of

the natural environment, is in order.

5. Further details and amplification of the above points

are contained in a memorandum of findings filed in support

of this petition and will be forwarded under separate

cover.

»

- 4 - THEREFORE, we respectfully petition the Federal Aviation

Administration to, take action in the public interest to revoke the airspace allocat ion to tho Navy for the Kahoolawe target complex.

Elmer F. Cravalho, Mayor County of Maui, Hawaii

- 5 - DEPARTMEN T OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

PACIFIC-ASIA REGION P, 0 . BOX 4009 HONOLULU. HAWAII 9680

May 21, 1976

Mr. Paul Mancini Office of the Mayor County of Maui Wailuku, Maui, Hi 96793

Dear Mr. Mancini:

This letter is to confirm our May 14, 1976, telephone conversation regarding FAA interim airway reroutes during the periods that Restricted Area 3104 (a, B and C) is in use.

In September 1975, we began action to determine the minimum en route altitudes (MEAs) for alternate airway intersections south of the Island of Maui. However, because of Mayor Cravalho's petition, and the fact that we believed we had a legal airway, rulemaking action to revise Victor Airways V-2 and V-21 was held in abeyance. Since the alignment of these airways has gained renewed attention during the recent public hear­ ings, we have now implemented an alternate interim route as follows:

The LNY 092° Radial from the LNY VORTAC to the intersection of the Kahului (OGG) 190 Radial and the Upolu (UPP) 295 radial - MEA 5000'; UPP295° R to the UPP VORTAC - 7000'.

In addition, we have withdrawn routine approval of the allocated ship-to- shore gunnery firing area known as "GUNFI.' We shall, however, give con­ sideration on an individual basis to any future requests for a stationary airspace reservation and approve/disapprove the request in accordance with current airspace reservation requirements and procedures.

Please contact me should you feel further discussion is required. My tele­ phone number is 9550-491.

S i n c e r e l y

X0BERT G. CARDIN Chief, Airspace, Procedures and Operations Branch, APC-530 ELMER CRAVALHO Mayor

OFFICE OF THE MAYOR COUNTY OF Maui WAILUKU. MA U I . MAMA II t e l e p h o m i : z A A - 7 t \ r, rt

December 13, 1976

Director Pacific Hogion Federal Aviation Administration P. 0. Box 4009 Honolulu, Hawaii 96813

Attention: Chief, Air Traffic Division

Dear Sir:

Re: Airspace Docket No. 76-V,'A-13: Alteration or Restricted Area (H-3104) and Federal Airways (V-2 and V-21)

This is in response to the notice, published October 7, 1976 (41 FR 44J93). proposing the realignment of a portion of V-2 and V-21, Hawaii and a redefinition of Restricted Area R-3104 A/-B/C, Island of Kahoolawe, Hawaii. Upon request submitted by this office, the Federal Aviation Administration (FAA)’granted an extension for comments on the. matter to the County of Maui up to December 15, 1976..

We are in opposition to the proposed rule for the following reasons:

1. The notice of proposed rule making appears to be deficient:

a. The realignment of V-2 and V-21, as such passes south of Maui is specific but the proposed, modification of the adjacent section of H-3104 is unclear in its geographic identi­ fication, (via the Kahoolawe shoreline). This ambiguity does not permit an interested party to comment as to whether the unauthorized spacing of the centerline of V-2 and V-21 at 2.1 n.m. from the edge of R-3104 is rectified by the proposed action.

b. Presuming the normal four mile requirement is waived, the proposed amendment does not appear to provide the necessary 3 n.m. spacing as required by law. Dire c t or, FAA December 13, I 976

The amendment of the centerline of Uio subject airway route one degree coun I.er-c 1 eckwiso appears to move the route .384 miles from the restricted area. The a It e m lion of the norlh boundary of the restricted area via the shoreline of Kahoolawe seems to provide loss than one half mile additional spacing. The result is that modified spacing is Jess than one additional mile as required.

The notice of proposed rule making has not certified that the proposed change has been confirmed by computer analysis nor does it indicate that the north boundary of the restricted area shall be the boundary of the airway.

It should be noted that the interim action taken by F.A.A. on May 21, 1976, moved the airway four degrees counter-clockwise rather than one degree as stated in the subject notice of proposed rule making.

c. The notice of proposed rule making indicates that the minimum enroute altitude of the subject airway as it passes smith of Mt. H aleakala would bo increased by 2,000 feet. It appears that at that point the airway would be approximately one mile closer to the summit of Mt. Haleakala and consequently the minimum enroute alti tude wou1d be in excess of that indicated in the proposed rule.

It is not clear whether an enroiite flight check of the proposed revised route alignment has been conducted; certification as to such would provide reasonablenotice as to the actual proposed minimum enroutc altitude.

d. The notice of proposed rule making does not include the effects of the airway realignment on the airway intersection and reporting points eastward. These would be altered by the redesignation of V-2 and V-21 as would approach procedures and departure procedures and routes. Without an indication as to all changes necessitated by the. proposed rule, informed comment is not possible. Director, FAA December 13, 1976

It is noted that there is no s tatement as to tho effect; of tho proposed change on t. ho present intersect ions, oast of banai VOR and on si of Maui, where V-21 uses the Lana i radial for intersections with other airways.

2 . The proposed action appears inconsistent w ith previous action by F.A.A. on the same subject matter. The County of Maui on January 29, 1976 filed a petition with F.A.A. for the revocat ion of R-3101 and aliened unions other factors, the illegality of the subject airway. Following the hearings on the County of Maui's petition, the F.A.A. announced that they had implemented an alternate interim route to revise Victor Airways V-2 and V-21, (See Jotter dated May 21, 1976 Mr. R. G. Cardin, F.A.A. to Mr. P. U. Mancini, Office of the Mayor, County of Maui.)

Because of the nature of the proposed rules creates permanent measures by the F.A.A., It appears that the interim measures announced by F.A.A. in May of 1976 are not satisfactory or Miat F.A.A. has made a. final decision with regard to this aspect of the County of Maui's petition. Any final decision by F.A.A. concerning the subject petition would be appealable by the County of Maui to a court of competent jurisdiction.

The action by F.A.A. in its proposed rule making is perceived as an at tempt to moot certain issues contained in the County of Maui's petition while circumve nting an appropriate judicia1 process. Thus, the proposed rule is inappropriate unless viewed as part of the overall issues in the County of Maui's petition and unless treated by F.A.A. in this perspective. Consequently, the proposed rule should not be enacted unless processed in said manner.

3. There is no indication in the notice o f proposed rule making that there is any contemplated change in Navy bombing on firing runs or patterns, or any indication that the F.A.A. will direct any action to reduce the size of the restricted area. This appears true in light of the position of the Department of Navy during petition hearings that no modification o f the boundaries of the Kahoolawe restricted area was feasible. This raises the presumption that the already inadequate safety standards currently in existence and doeumented in Director, FAA December 13 , 1976

the County of Maui's petition will be allowed to continue mid .such hazards further expanded. This seems .cone I usivc even (hough F.A.A. has failed to act or respond to the County of Maui's petition.

4 . There is no indication in the notice of proposed rule making of any study or analysis of potential environment impact of tins federal act. ion. In the light of the environmental controversy over the subject, area (V-2, V-2J and R-3101); the community interest jn environmental questions; the economic impact of raising the minimum enroute altitude to an impracticable level for unpressurized aircraft; and the lack of any improvement to the environ­ mental concerns identified in the petition of the County of Maui to F.A.A.; it appears that any actions as a result of airspace docket No. 76-lVA- 12 will require well documented analysis of environmental impact.

The proposed action by F.A.A. is in effect a decision with regard to the County of Maui's petition for the revocation of R-310T and is a continual ion of the current assignment of Restricted Aron R-3101 and Associated Warning Aron IV-324 and consequent requires 1y a environmental full impact statement under the National Environmental Policy Act.

Respectfu11y submitted,

COUNTY OF MAUI

ELMER F. CRAVALHO Its Mayor PROFESSlONAL AIR TRAFFIC CONTROLLERS ORGANIZATION AMFAC CENTER, SUITE 1102/745 FORT ST., HONOLUIU, HAWAI, 96813/ (800) 524-5697 with M.E S.A, (AFL-CIO) PATCO'S POSITION ON NOTICE OF

PROPOSED RULE MAKING AIRSPACE DOCKET N0-76-WA-13

THIS NOTICE OF PROPOSED RULE MAKING IS CLEAR ACTION BY THE FEDERAL

AVIATION ADMINISTRATION TO SUBJECT OTHER USERS OF THE AFFECTED AIRSPACE TO AN

UNDUE HARDSHIP. INFORMATION DERIVED FROM A PREVIOUSLY CONVENED HEARING ON

R-3104, AT WHICH ALL USERS SUBMITTED RECOMMENDATIONS AND COMMENTS, HAS BEEN

TOTALLY IGNORED BY THE FEDERAL AVIATION ADMINISTRATION WITH A RESULTING

NEGLIGENT MANNER BEING DISPLAYED TO THE FLYING PUBLIC. IT APPEARS THAT THE

ONLY PARTY GIVEN BONAFIDE CONSIDERATION IN THIS PROPOSAL IS THE MILITARY USERS.

THIS IS QUITE OBVIOUS BY THE TRITENESS OF THE LANGUAGE CONTAINED IN THE NEXT TO

THE LAST PARAGRAPH BELOW; WE QUOTE:

Airspace Docket No-76WA-13

"The proximity of the two areas is cited in a petition for rule making filed by Mayor Elmer F. Cravalho, for Revocation of Restricted Area R-3104, Kahoolawe, Hawaii as one of the reasons for his petition. That petition is still under review. The actions proposed herein will not prejudice, or in any way affect the FAA's review of, -or response to, that petition."

ADDITIONALLY, THIS NOTICE OF.PROPOSED RULE MAKING CAN ONLY b E CONSTRUED

AS A COALITION BETWEEN THE FAA, PACIFIC REGIONAL OFFICE, AND THE MILITARY ACTIVI­

TIES AT THE EXPENSE OF SAFETY AND THE DETRIMENT OF THE USERS OF THE AIRSPACE.

C ONSEQUENTLY, THE PROFESSIONAL AIR TRAFFIC CONTROLLERS ORGANIZATION, THE

"EXCLUSIVE BARGAINING REPRESENTATIVE OF THE AIR TRAFFIC CONTROLLERS, STRONGLY

OPPOSES THE AMENDMENTS CONTAINED IN AIRSPACE DOCKET N0-76-WA-13, PRIMARILY

BECAUSE IT COMPROMISES SAFETY, INCREASES CONTROLLER WORKLOAD AND ADDS A HEAVIER

BURDEN ON AN ALREADY TAXED AIR TRAFFIC SYSTEM. PAGE 2

THE FM, AT DIFFERENT USER'S REQUEST, HAS SPENT MANY MAN HOURS

RESEARCHING THE PROBLEMS ASSOCIATED WITH R-3104 AND HAS ACCUMULATED NUMEROUS

DOCUMENTS WHICH COVER THE PROBLEM AREAS CONTAINED IN THIS NPRM. THESE

DOCUMENTS CONTAIN CONCISE EVALUATIONS INDICATING THE SAFETY HAZARDS IN MOVING

AIRWAY V2 NORTHWARD; THE INABILITY OF HIGH PERFORMANCE AIRCRAFT TO CONTAIN THEIR

TRAINING MANUEVERS WITHIN THE ALLOCATED AIRSPACE R-3104 AND THE NAVY'S PRONOUNCED

UNWILLINGNESS TO REDUCE THE AIRSPACE OF R-3104.* (SEE ENCLOSURES) APPARENTLY,

THESE EVALUATIONS HAVE BEEN IGNORED; HENCE, THE ISSUANCE OF THE NPRM.

IN SUMMARY,. AIRSPACE DOCKET N0-76-WA-13 SEEMS TO BE A FLAGRANT

DISREGARD OF ALL CONSIDERATIONS OF SAFETY FOR THE FLYING PUBLIC THAT HAS BEEN

RESEARCHED AND DOCUMENTED BY ALL THE PROFESSIONAL INPUT TO-DATE; THE NPRM

VERITABLY SEEMS TO CONCEDE RESTRICTED AREA R-3104 TO THE MILITARY AND WE STRONGLY

FEEL THERE IS A COALITION BETWEEN THE FAA AND THE MILITARY; THE ATTACHED MAP TO

THE NPRM DOES NOT SHOW THE PROXIMITY OF THE TWO AREAS ALL RESEARCH AND EXPERIENCE

HAS SHOWN TO. BE CLEAR AREAS OF DANGER TO THE FLYING PUBLIC, AND THE MAP SEEMS TO

INDICATE A CAVALIER INTEREST ON THE PART OF THE FAA; FINALLY, THE HAZARDS TO ANY

BUT MILITARY AIRCRAFT HAVE BEEN UNEQUIVOCALLY POINTED OUT BY PATCO'S POSITION OF

MAY 11, 1976', AND THE PETITION FOR REVOCATION, DATED JANUARY 29, 1976,NBY MAYOR

ELMER F. CRAVALHO, AND INASMUCH AS THE FAA HAS SUBSTANTIATED THESE FINDINGS, IT

SEEMS CLEAR THAT SAFETY FACTORS TO THE FLYING PUBLIC ARE BEING OFFICIALLY IGNORED.

CONSEQUENTLY, PATCO SUBMITS THE NPRM IS PROBABLY INEFFECTUAL. ONCE

THE NEW WARNING AREA (R-3104) GOES INTO EFFECT, THE FAA WILL THEN BE IN THE

POSITION TO DENY MAYOR CRAVALHO'S REQUEST FOR REVOCATION, USING THE RATIONALE PAGE 3

THAT THE PROBLEM HAS BEEN CLEARED UP, THEREFORE, LACKING MERIT, THE CASE

BECOMES MOOT.

PATCO WOULD LIKE TO STRESS THAT THE ONLY ISSUE IS SAFETY. TO LEGALLY

ALLOW THE FAA AND THE MILITARY TO PLAY RUSSIAN ROULETTE WITH THE LIVES OF THE

FLYING PUBLIC IS A BREACH IN THE TRUST THE U.S. CONGRESS AND THE AMERICAN

PUBLIC (MORE SPECIFICALLY THE HAWAII PUBLIC) HAVE ENTRUSTED TO THEM. PATCO

STRONGLY URGES NON-ADOPTION OF NPRM DOCKET NO-76-WA-13. April 6, 1977 TO: R ICK FROM: BARBARA (assigned to Viva) RE: Enrollment of Hawaiian and Part Hawaiian Students in Hawaii Schools

1. Total number of Hawaiian students enrolled in public schools (grades K-12)

Prom Tom Yamashita, DOE (548-6451)

Hawaiian 5,531 or 3.2% Part Hawaiian 28,776 or 16.5% (Source: Civil Rights Survey (HEW) as of March 1, 1977)

2. Total number of Hawaiian students enrolled at the University of Hawaii and Community Colleges Frost Sandra Takahata, UH Admissions and Records (948-8977) Hawaiian: UH Manoa 308 UH Hilo 48 Hawaii Comm. Coll. 146 West Oahu College 5 Honolulu Comm. Coll. 212 Kapiolani Comm. Coll. 147 Kauai Comm. Coll. 47 Leeward Comm. Coll. 246 Maui Comm. Coll. 6 Windward Conoa. Coll. 65

Miss Takahata also mentioned that at the UH Manoa, of the approximately 21,000 that were asked to fill out the Civil Rights Survey, 6,000 did not respond. In addition, there was no part-Hawaiian category; instead, it was listed as Mixed Asian, Pacific Islander. Furthermore, the- question was asked as to which group the individual identifies. 3. Total number of Hawaiian and part Hawaiian students enrolled in private high schools

From Mr. Coons, Chairman of the Hawaii Independent Schools (949—5355). There is no information on Hawaiian and part-Hawaiian students The private schools did participate in the Civil Rights Survey, however, the cards were gathered and turned in. No breakdown was taken from this survey.

From Kam School; Total enrollment grades K-12 2,600 1975-1976 Survey, 9 pure Hawaiian, 2, 591 part Hawaiians April 11, 1977 MEMORANDUM

TO: SENATOR

FROM: PAT

During the 94th Congress you introduced S.J. Res. 155 "Establishing the Hawaiian Native Claims Settlement Study

Commission," This bill was introduced on December 18, 1975.

Full committee hearings were held in Hawaii on February 9, 10, and 11, 1976. The Senate Committee on Interior and Insular

Affairs voted unanimously on September 23, 1976 recommending the passage of S.J.Res. 155. However, the full Senate did not act upon this bill.

On January 10, 1977, you and Senator Matsunaga introduced S.J.Res. 4, "Establishing the Hawaiian Aboriginal Claims Settle­ ment Study Commission" which was again referred to the Interior

Committee. The major difference between the two Resolutions

\ are the elimination of any predetermined maximum amount of compensation and the recommendation that a majority of the commissioners be Hawaiian Natives of various degrees of Native blood, in S.J. Res. 4.

On March 2, 1977 you also introduced 4 other bills

(S. 857, S. 858, S. 859 and S. 860) which would incorporate the Hawaiians under the Indian Education Act, Native American

Provisions of CETA, the Indian Self-Determination and Education

Assistance Act, the Indian Financing Act of 1974. All these bills with the exception of the CETA legislation have been referred to the Select Committee on Indian Affairs where they are not being received favorably as there is considerable Indian opposition.

Currently the Hawaiians are covered under Title III, the

Headstart, Economic Opportunity and Community Partnership Act of 1974, the Emergency : ■' ->n ’ ; ie.ise of Lnndc - 2 -

to Native Hawaiians, Residence Requirements-Fishing. A major

concern appears to be the definition of Hawaiian: The U.S. Office of Native American Programs is

satisfied with the proposed definition: "any

individual any of whose ancestors were natives

of the area which consisted of the Hawaiian

Islands prior to 1778."

However, the Indians (and some Hawaiian groups) namely Kamuela Price of HOU HAWAIIANS, would greatly prefer a required

"blood quantum level" as is reflected in the Hawaiian Homesteads Act (50% or more Hawaiian blood). The Governor strongly supports

CETA amendment.

It is estimated that there are a total of 146,220 Hawaiians and part-Hawaiians in the State. This is 17.6% of the State's

total population. About 7.5% of the Hawaiian community are full-Hawaiian and 36.6% of the adult community have 50%

or more Hawaiian ancestry. Half of the Hawaiian community

are 18 years or less (73,000); this represents about % of all the children in the State.

ATTACHED ARE:

Senate Report on S.J.Res. 155 (94th Congress) S.J. Res. 4 (95th Congress) Floor statement for S.J.Res. 4 Newsletter - Hawaiian Land Claims Floor statement for S. 857-860 MEMORANDUM for: SENATOR INOUYE DATE: APRIL 14, 1978 From : Dave Peters SUBJECT : SITREP 1 PAGE 1 Of 2

1. THE HONOLULU ADVERTISER (APRIL 14) HEADLINES; LEGISLATURE GOING LIKE 60— AWD MAY SET BEFORE SUN DOES — TRIMMED State budget, TOUGH new law against child pornography & STRONGER State Ethics law WERE highlights among bills PASSED by Legislature yesterday as Legislators eyed end to their 60day session FEW HOURS earlier than past practice.

2. 'OPEN SHOP' CONTRACTORS INCREASE HERE (Front Page) — EFFECTS of rash of strikes, COUPLED with new contracts which greatly increased cost of doing business, HAVE PROMPTED Hawaii's construction industry TO TAKE hard look at Mainland trends toward "open shop" status.

3. SENATE OKs WIDER WIRETAP BILL (A-3) — State Senate yesterday VOTED 16-9 TO PASS controversial wiretap measure THAT WILL BROADEN circumstances under which police can listen in on telephone conversati tr.

4. ETHICS PANEL TO !££T— TRY TO SPEED CASE (A-7) — City Ethics Commission WILL MEET in special session April 25 to begininvestigation into Councilman Akahane's business dealings with devefoper Horita,

5A NEW EIS ON KAHDOLAWE AGAIN DRAMS CRITICISM (A-8) — SPEAKERS at yesterday's hearing REPRESENTING government agencies, civilian con­ servation groups & representatives of Protect Kaho'olawe Ohana ARGUED that NAVY's DRAFT EIS on military bombing of Kahoolawe IGNORES many issues that MUST BE examinf under Federal laws. — NAVY CITES PROGRESS IN KAHOOLAWE SURVEY (A-9) IN its DRAFT SUPPLEMENT to 1972 EIS on KAHOOLAWE, Navy REPORTS progress AS OF 1977 IN its survey with state of archaeological sites on island.

6. KAULA CASE TO WASHINGTON (A-10) --HOPING to avoid filing criminal charges, Asst. U.S. Attorney WILLIAM J. EGGERS says he has "SET AN INFORMAL DEADLINE OF 60 DAYS" for NAVY & INTERIOR DEPT, to resolve problems that have arisen over Navy & Marine use of KAULA ISLAND as bombing target. ACCORDING to EGGERS, IF Interior Dept. & Navy CAN'T RESOLVE "the law & mission" conflict, THEN he WILL HAVE to do it himself— saying that 1st course of action probably would be to "ASK THE DEPARTMENT OF JUSTICE WHETHER THEY WANT TO RESOLVE IT BY ARBITRATION."

7. FASI; REGENTS PICKED FOR POLITICAL LOYALTY (A-ll) — GOVERNOR'S power to appoint UH Board, of Regents HAS BEEN "most abused," MAYOR FASI said yesterday, WITH APPOINTMENTS made for "political loyalty," NOT FOR knowledge OR accomplishment IN higher education.

8. HAWAII STATE PLAN EXPECTED TO PASS TODAY (A-14) --HAWAII about to become FIRST State with lawbooks that would include blueprint for orderly statewide planning & growth— HAWAII STATE PLAN expected to be approved by House & Senate today. * * *• * 9. OAHU NEWS— DEATH THREAT CHECKED (A-18)— UNCONFIRMED REPORTS that INTENDED VICTIM of / assassination plot— MAYOR FASI. 10. SALE OF ASSETS OF THC SUBSIDIARY OKd (C-7) — Federal Judge MARTIN PENCE yesterday APPROVED purchase by newly formed NISSAN MOTOR CORP. in HAWAII LTD. of PRINCIPAL ASSETS of OATSUN OF HAWAII (subsidiary of bankrupt HAWAII CORP. (THC). SITKEP _ -2- DATE: APRIL 14» 1978 PASE 2 of 2 11. LENDERS TAKING OVER HOLIDAY PLANTATION (C-8) ------3 construction lenders HAVE AGREED to take over troubled Holiday Plantation condominium project at teakaha, thus freeing Holiday Mart Inc. (original developer) from $11 MILLION of debt.

\ May 18, 1976 TELECOPIED : 4:08 p.m. By : Cha MEMO for: SENATOR DANIEL K. INOUYE From : Dave Peters SUBJECT :-ROBERT SUTTON of THEO H. DAVIES & CO. —KAHO'OLAWE

1. ROBERT SUTTON of THEO H. DAVIES & CO. spoke today at a Chamber of Connerce luncheon. He said "What we must work towards 1s not free trade, but freer world trade— striking a balance between the em* ployment and foreign exchange needs of our economy." He also explained the reasons the Hawaiian sugar industry supports the sugar stabilization bill. He stated "While the price level of 17i per pound incorporated in the bill may be high. . .it is not high compared with the average cost of production In the U.S." Text of speech follows by mail.

2. ANN KAUAIHILO called today that she and NINA BOWMAN want you to know that they are supporting a movement,of kamaainas who recognize the Navy's need for Kaho'olawe. They intend to take out a full page ad in the Honolulu newspapers on Kamehameha Day in support of the Armed Forces combat training on Kaho'olawe. MEMORANDUM

August 12, 1977

TO: BLACKIE WONG FROM: RICK SIA RE: SENATOR INOUYE'S LEGISLATIVE RECORD THIS YEAR AND BENEFITS TO HAWAII

For the sake of brevity, I will list and describe major Items I wish to bring to your attention. Other items and further details may be obtained through Edna Horiuchi who has on file all press releases sent by our office this year. *** High on Inouye's legislative agenda this year is the Hawaii Native Land Claims Settlement Study Commission, the vehicle for determining reparations to native Hawaiians for the overthrow of the Hawaiian Monarchy in 1893. Senate committee hearings already have been held in Hawaii this summer and the outlook for passage by the Senate this fall look good. Through Inouye^ effort last year, the full Senate passed a similar measure, clearing it for the House. Inouye says he intends to push the bill as vigorously this year.

Based on Inouye's Input, the native claims measure j is backed by a strongly-worded Senate Interior Committee report that states flatly that'the U.S. Government committed a wrong against the Hawaiian people and that compelling arguments exist for Congress "to vindicate the sense of justice and honor of the United States," *** President Carter has signed into law a bill with a provision extending to native Hawaiians major education and manpower/employment training benefits already available to American Indians and Native Alaskans. The provision amends the "Native American Program" section of the 1973 Comprhensive Employment and Training Act(CETA)to include native Hawaiians. This means major federal assistance to help disadvantaged and unemployed native Hawaiians secure jobs. The CETA amendment first was introduced In the last Congress by Inouye, and reintroduced this year. He succeeded in attaching it to the Youth Employment Bill, which Carter signed into law last week. Inouye in the 93rd Congress moved on similar legislation by successfully including native Hawaiians in the Headstart, Economic Opportunity and Community Partnership Act of 1974.

[more] MEMO/22222

This is one of many public laws that, when enacted, left out native Hawaiians in special funding programs earmarked for native Americans. Inouye is continuing to rectify all situations where this exclusion persists, arguing that native Hawaiians should be treated by the federal government on a par with other native American people.

*** Regarding Kahoolawe, Inouye has said repeatedly he wants to continue to communicate with the Navy and members' of the local Hawaiian community to reach a fair resolution of the current controversy. He promised the Protect Kahoolawe Ohana in early March 1977 he would speak with President Carter about the matter. Inouye did so on March 22, 1977, briefing Carter on all prevailing views on the Issue and pressing for a reduction in live bombing activity and greater public access to the Island, including cooperation in completing the historic site survey at Kahoolawe. He met with the Defense Secretary on March 2 9 , 1977 on this subject and now continues to contact the Secretary of the Navy and Navy officials in Hawaii.

Due to Inouye's efforts, it was announced in April that the Navy will reduce live firing and relocate part of its training operations. Earlier this summer, the Navy informed Inouye it is seriously considering the selection of a culturally and recreationally significant portion of the island to clear of unexploded debris and to allow permanent civilian access — a joint civilian-military use of the island backed by Inouye as an interim step towards full transfer to civilian control. Inouye believes the new steps announced by the Navy, done so with reluctance, are interim steps, but are significant in view of the steadfast resistance Navy officials have demonstrated over the years and of the relatively recent public outcry of residents outside Maui, including many Ohana members. Inouye himself has been on public record for more than a decade as favoring an end to the bombing, the rehabilitation of the island and its return to Hawaii. *** As a ranking member of the Senate Appropriations Committee, Inouye has secured sizable sums of federal funds for public works projects and inmprovements in military installations. The chief beneficiaries of these federal outlays are the local civilian contracting firms and civilian labor force, some 20,000 of whom work at military establishments. Federal appropriations earmarked for Hawaii projects pump needed dollars into the Hawaii economy and provides thousands of jobs. In fiscal year 1978 appropriations bills alone, Inouye

[more] MEMO/33333

secured about $55 million in military construction money for Hawaii and bout $21.4 million in public works projects throughout the State.

Inouye has also successfully secured money for lava flow control emergencies at. the Big Island and for the upgrading of the ARIZONA MEMORIAL and National Cemetery of the Pacific at Punchbowl.

*** Before the August recess, the Senate passed Inouye's communications bill that seeks to reduce long-distance Hawaii-Mainland communication rates and to Introduce new services to Hawaii. The beneficiaries will be all Hawaii consumers who rely on long-distance phone communication and who use Mailgrams and other media. *** Inouye has been a leading spokesman on behalf of Hawaii's sugar industry, which employs 9400 people. Deliterious effects on the entire industry, evident since the expiration of the Sugar Act In 1974 has affected as many as 29,000 residents of Hawaii and Inouye has met with former President Ford and President Carter to obtain relief for the industry. This summer, Inouye and the rest of Hawaii’s Congressional delegation worked on several fronts to bring federal benefits to the industry's 1977 crop. Inouye sat in the important House-Senate Agriculture Appropriations conference that dealt with the controversial Dole amendment limiting the size of federal sugar subsidies. Inouye lobbied the conference members, secured a majority of votes to kill the amendment and prevailed in the conference. *** Inouye Is gearing up for hearings and likely passage In the Senate of a measure to protect Hawaii from shipping tie-ups on the West Coast. The economic impact of such tie-ups is immeasureable, since nearly 90 percent of all goods in Hawaii must be imported. Inouye for several years has been the chief Senate spokesman on behalf of Hawaii's consumer interests.

Blackie, I think this sums it up...I have had only one hour to prepare this at this late date(The office staff in Washington left a half hour after your call). Please consult Dave Peters or Edna for further details and background. F razier T. Woolard ATTORNEY AT LAW P. O. BOX 3 2 WASHINGTON, NORTH CAROLINA 9 4 6 -3 3 0 0 May 3» 1968

Senator Daniel K. Inouye U.S. Senate Washington, D.C.

Dear Senator Inouye:

Knowing that you studied Hawiian history , I wonder if perhaps you can tell me the title of a n authoritative history book setting forth events of 1893-1898 when a group of American missionaries, businessmen and State Department officials conspired together and overthrew the native Hawaiian rulers and seized power themselves running the islands as outsiders imposing their will on the majority finally getting the war President McKinley, to agree to seek annexation by tbe U.S. This overthrow of m native government is another case little known by Americans and "swept under the rug,” glossed over in our children's history books with a one sentence reference that the U.S. "Annexed Hawaii in 1898. U n ited States Senate MEMORANDUM NOTE FOR FILE: TITLES OF FOLLOWING ARE/REFERENCE BOOKS OBTAINED FROM LIBRARY OF CONGRESS.

(1) 56th Congress 2d session... Senate...

Doc. No. 231, Part 7. (Compilation of Reports of Committee on Foreign R-lations, 1789-1901.)

(2) 56th Congress 2d session..House...

Doc. No. 551 Volume I (Digest of International Law March 8, 1977 MEMORANDUM

TO: SENATOR FROM: CHRIS RE: KAHOOLAWE

You have raised the question of whether the United States Government's title to Kahoolawe might be subject to a condition, the happening of which might cause title to the island to revert to the State of Hawaii. As far as I have been able to determine, Kahoolawe was among the lands ceded unconditionally to the United States and the United States has never renounced or in any way attempted to surrender this fee simple title to the island. Further, it appears that at all times since the Great Mahele the island has been "government" or "public" land as opposed to "crown" lands belonging to the monarchy or lands turned over to private ownership. EARLY HISTORY TO 1897 The land system which existed in Hawaii at the time it was discovered by Captain Cook in 1778 had no concept of fee simple absolute ownership of land and all landholdings were considered revocable.

Land controlled by a high chief, for example, did not necessarily descend to his heirs upon his death. Instead, the chief's successor was free to redistribute the land among his subordinate chiefs as he saw fit. Similarly, a chief who gained control of new territory by conquest had no obligation to recognize existing interests in the land but instead could reassign it to his own supporters. During the period 1778-1846, Hawaii became something of a trading center and the capital thus accumulated -- largely by Westerners rather than the local population -- was directed towards the development of large scale plantations in the islands. Westerners entering Hawaii's land system as foreign settlers were "given" lands by the king or chiefs in return for services or simply out of traditional Hawaiian generosity. As Westerners acquired land and invested capital they also created enormous pressures to have the kingdom adopt Western systems of landholding so their interests could be protected and the land freely transferred. MEMO - KAHOOLAWE Page Two

The Islands' first written constitution, adopted in 1840, and the laws immediately enacted pursuant to it, attempted to adjust lands rights to the changing social and economic situation. As an attempt to limit Westerners' rights to land, however, the constitution reaffirmed that no land could be conveyed without the consent of the monarch, stating:

Kamehameha I, was the founder of the kingdom, and to him belonged all the land from one end of the Islands to the other, though it was not his own private property. It belonged to the chiefs and people in common, of whom Kamehameha I was the head, and had the management of the landed property. Wherefore, there was not formerly, and is not now any person who could or can convey away the smallest portion of land without the consent of the one who had, or has the direction of the kingdom. To avoid a confrontation with the Westerners, however, the constitution's preamble proclaimed that land already held by them would not be reclaimed by the crown. Despite the concessions made in the 1840 constitution, however, the pressures to adopt a more westernized land tenure system continued unabated. The government finally responded in 1845 by enacting a law establishing a Land Commission with a mandate to undertake "the investigation and final ascertainment or rejection of all claims of private individuals, whether natives or foreigners...".

The basic job facing the Land Commission was to devise and then put into effect a system partitioning the undivided and intertwined interests of the king, chiefs and commoners in the land not already granted to foreigners. Ultimately, a policy was proposed and accepted by the king whereby certain land would be held by the monarch in his own right (ultimately referred to as "crown lands") and the remainder would be divided in thirds, one-third to the government, one-third to the chiefs and land agents and one-third to tenant farmers. During the period January 27 to March 7, 1848, the Great Mahele or land division took place, dividing land between the king and the chiefs. Immediately thereafter, on March 8, 1848, the king divided all of the land to which he then had title between himself and the government. When this process was completed, the chiefs and land agents had been given some 1,500,000 acres of the more than 4,000,000 acres of land in the kingdom; the king had retained some 1,000,000 acres for himself as crown lands; and some 1,500,000 acres had been set aside MEMO - KAHOOLAWE Page Three aside as "government" land. Tenant farmers were entitled to claim a portion of of the crown lands or lands conveyed to the chiefs and land agents "really cultivated" by them, plus a houselot of not more than 1/4 acre, but they ultimately ended up with only about 30,000 acres.

The land transfers which took place during the Mahele were recorded in the Mahele Book. At page 200 there is a notation which says "Kahoolawe no Aupuni G.P. Judd", which translates to "Kahoolawe for the Government G.P. Judd (Mr. Gerrit P. Judd was the committee of one who had been earlier appointed by the Privy Council to receive reports on lands belonging to the king). Kahoolawe was among the property which the king conveyed to the government on March 8, 1848, immediately after the Mahele. This was done by a deed which recited, in part, as follows: Know all men by these presents, that I Kamehameha III by the grace of God, King of these Hawaiian Islands, do hereby give, make over and set apart forever to the chiefs and people of my kingdom, and convey all my right, title and interest in the lands situated here in the Hawaiian Islands, inscribed in pages 179 to 225, both inclusive, of this book, to have and to hold to my chiefs and people forever." This deed appears at page 225 of the Mahele Book and incorporates by reference the above notation regarding Kahoolawe.

By Act of June 7, 1848, the Hawaiian Legislature accepted "in the name of the Chiefs and People of the Hawaiian Islands," the lands granted by King Kamehameha III, including, by specific reference, the Island of Kahoolawe.

1849 TO 1900

The Hawaiian monarchy came to an end on January 17, 1893 and was replaced with a provisional government dedicated to seeing Hawaii made a part of the United States. After seizing power, the annexationists rushed representatives off to Washington, hoping that President Benjamin Harrison would be able to prod the United States Senate into ratifying a treaty of annexation before his term expired and President Grover Cleveland, an avowed opponent of annexation, took office on March 4. This effort was unsuccessful, and annexation then had to wait until the Republican administration of William McKinley took office in 1897. MEMO - KAHOOLAWE Page Four

In the meantime, the leaders of the provisional government established a republic under a constitution which became effective on July 4, 1894.

Then, on June 16, 1897, representatives of the Republic of Hawaii and of the United States signed a treaty of annexation. President McKinley forwarded the treaty to the United States Senate with a supporting message from himself and from the Secretary of State.

The Hawaii Senate promptly ratified the treaty and forwarded it to the Hawaiian President, Sanford Dole, who signed it on September 10, 1897. A copy of the treaty is attached.

Article II of the treaty provides, in pertinent part, as follows:

The Republic of Hawaii also cedes and hereby transfers to the United States the absolute ownership of all public, government, or Crown lands, public buildings, or edifices, ports, harbors, military equipments, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenances thereunto appertaining.

The annexationists feared that they would not be able to get the necessary two-thirds vote in the United States Senate necessary for ratification, however. Thus, following a precedent established when Texas was annexed in 1845, instead of seeking to have the treaty ratified, they persuaded Congress to enact a joint resolution of annexation, a procedure requiring only a majority vote in each House of Congress.

The Joint Resolution of Annexation, a copy of which is attached, was enacted on July 7, 1898,

While the Joint Resolution makes only indirect reference to the treaty, a comparison of the two documents shows that the language of both essentially is identical. The differences between the documents are really only those required to convert the treaty into the form of a Joint Resolution. There are no substantive changes.

It should be noted that Memorandum of Title prepared by Mr. Herbert Evalike and dated March 9, 1976, a copy of which is attached, recites that the United States is vested with fee simple title to Kahoolawe under Articla II of the Annexation Treaty ratified by the United States Congress on July 7, 1898. As mentioned above, fearing that it would not be possible ____ MEMO - KAHOOLAWE Page Five to round up the two-thirds vote of the Senate necessary for ratification of a treaty, President McKinley withdrew the treaty from the Senate's consideration and annexation was instead accomplished by a Joint Resolution. As a result, no annexation treaty with Hawaii was ever ratified. Technicalities aside, however, it appears that the government of the Republic of Hawaii clearly intended to grant to the United States government "absolute fee and ownership of all public, Government, or Crown lands..." and the United States, for its part, clearly intended to accept the absolute and unconditional interest so conveyed. The Joint Resolution in effect divides the land ceded to the United States into two subcategories; land "set aside" for the civil, military or naval purposes of the United States, and, as the second subcategory, all ceded land notso "set aside." The distinction grows out of the language in the Joint Resolution which provides separate rules for the use of revenue derived from ceded lands "used or occupied for the civil, military, or naval purposes of the United States, or (which) may be assigned for the use of the local government" and all remaining public lands ceded to the United States. ORGANIC ACT OF 1900...The title to Public and Crown lands of the Republic of Hawaii was confirmed by the Organic Act of 1900 (48 USC 511, 661-677; 31 Stat. 159), pursuant to which "...the public property ceded and transferred to the United States by the Republic of Hawaii under the Joint Resolution of annexation approved July 7, 1898, shall be and remain in the possession, use, and control of the government of the Territory of Hawaii, and shall be maintained, managed, and cared for by it, at its own expense, until otherwise provided for by Congress, or taken for the uses and purposes of the United States by the directionof the President or by the government of Hawaii..." Under a uniform legislative, judicial and executive usage, ceded property "taken for the uses and purposes of the United States" under this authority has been called "set aside."

1901 TO PRESENT

The United States took possession of Kahoolawe briefly during World War I. Then, in 1928, it took possession of some 23.3 acres for lighthouse purposes under Presidential Proclamation No. 1827 (February 3, 1928). The United States' possession of the re­ mainder of the island dates back to 1941 when the U.S. Army took MEMO - KAHOOLAWE Page Six possession under a sublease of May 10, 1941. This sublease was supplemented by an agreement of March 1, 1944 and then transferred to the Navy on November 1, 1945. It remained in effect until terminated on October 28, 1952 by Presidential Proclamation 2487. Subsequently, by Executive Order 10436 of February 20, 1953, the entire island, with the exception of that portion previously taken for lighthouse purposes, was taken for the use of the United States for naval purposes and placed under the jurisdiction of the Secretary of the Navy. Paragraph 4 of the Executive Order provides as follows: 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 seasonable request of the Territory, render such area, or such portion thereof, reasonably safe for human habitation, without cost to the Territory.

It should be noted that this paragraph provides no automatic reversion to the State. Instead, the Navy can hold onto the entire island as long as it is needed for naval purposes. Then, even if it determines that it no longer needs all or any portion of the island, and the State makes a "seasonable” request, its only obligation is to render the unneeded land reasonably safe for human habitation, at its own expense. Although presumably the State would then again have possession and control of the land so cleared, title to it would remain in the United States. As of the present time, of course, the Navy is strenuously insisting that it has a continuing need for Kahoolawe.

At the time Hawaii became a state, the United States owned ceded property which had been "set aside" and other ceded property which had not been set aside nor conveyed to the territory of Hawaii. The United States held merely the naked title to the latter type of property, since, pursuant to section 91 of the Organic Act of 1900, the possession, use and control remained with the territory.

Under the terms of the Hawaiian Statehood Act (P.L. 86-3, 73 Stat. 4, March 18, 1959) the United States conveyed to the new State essentially all lands which had been ceded it in 1898, or acquired in exchange for lands so ceded, with certain exceptions. Included among the exceptions -- in other words, land to which the United States retained title -- were "Any lands and other properties that, on the date Hawaii is admitted into the Union, are set aside pursuant to law for the use of the United MEMO - KAHOOLAWE Page Seven

States under any...(2) Executive Order,..." Since Executive Order 10436 of February 20, 1953 was still in effect at that time, as it is today, Kahoolawe was among the exceptions to the general transfer of title to the State, and title to it therefore remains vested in the United States.

Further, as a precondition to statehood, Section 7 of the Hawaiian Statehood Act required that certain propositions be placed before the electors of the territory, be duly adopted and become effective as amendments to the State constitution. Had the electors failed to adopt the propositions set for in Section 7 of the Act, the provisions of the Act would no longer have been effective and Hawaii could not then have become a State. The third of the three propositions submitted for adoption provided as follows: All provisions of the Act of Congress approved reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented to fully by said State and its people. By ratifying this provision, the people of the territory affirmed the statutory plan set forth in Section 5 of the Act and gave just that much additional ratification, if such was necessary, to the United States' title to Kahoolawe. Subsequent to statehood, a procedure was established by legislation (P.L. 88-223 of December 23, 1963) by which excess land could be conveyed to the State of Hawaii, but this relates only to land determined to be "surplus" and is therefore not relevant here. Washington, Wednesday, February,25, 1953

TITLE 3— THE PRESIDENT sary to assure that the number of such CONTENTS animals on the island at any given EXECUTIVE ORDER 10436 time shall not exceed two hundred. THE PRESIDENT 3. The Territory of Hawaii shall have R e s e r v in g K a h o o l a w e I s l a n d , T e r r it o r y the right, a t its expense and risk, a t rea­ Executive Orders • pa?9 o p H a w a i i , fo r t h e U se o f t h e U n it e d sonable intervals to enter and inspect the Designating the Honorable Ben­ S t a t e s fo r N aval P u r po se s and P l a c ­ island to ascertain the extent of forest jam in O rtiz to act, under cer­ in g I t U nd er t h e J urisdiction o f t h e cover, erosion, and animal life thereon, tain circumstances, as Judge of S e c r e t a r y o f t h e N a v y and to sow or plant suitable grasses and the United States District Court WHEREAS it appears necessary and plants under a program of soil conser­ for the District of Puerto Rico in the public interest that the Island of vation: Provided, that such entrance during the year 1953 ______1051 Kahoolawe, Territory of Hawaii, which and inspection shall not interfere unrea­ Reserving Kahoolawe Island, Ter­ comprises an area of approximately sonably with activities of the Depart­ ritory of Hawaii, for the use of forty-five square miles, and which forms ment of the Navy or of the United States the United States for naval pur­ a part of the public lands ceded and Coast Guard. poses and placing it under the transferred to the United States b y the 4. When there is no longer a need for * jurisdiction of the Secretary of Republic of Hawaii under the joint reso­ the use of the area hereby reserved, or . the N avy------1051 lution of annexation of July 7. 1898. 30 any portion thereof, for naval purposes EXECUTIVE AGENCIES Stat. 750. be taken and reserved for the of the United States, the Department of use of the United States for naval pur­ the Navy shall so notify the Territory of Agriculture Department poses, except that portion comprising Hawaii, and shall, upon seasonable re­ See Production and Marketing an area of 23.3 acres, more or less, here­ Administration. tofore taken for lighthouse purposes by quest of the Territory, render such area, or such portion thereof, reasonably safe Secretary; authority to negotiate Proclamation No. 1827 of the President a contract without advertising Of the United States dated February 3. for human habitation, without cost to (see General Services Adminis­ 1928 (45 Stat. 2937): and. the Territory. tration ). WHEREAS it is deemed desirable and in the public interest that provision be D w ig h t D . E is e n h o w e r Alien Property, Oface of Notices; made for The conducting of a program of T h e W h i t e H o u s e , soil conservation on the island while the February 20, 1953. Phoenix Building and Loan As­ reservation made hereby is in force, and sociation of Newark, N. J.; that the area within such reservation be [F. R. Doc. 53-1827; Filed, Feb. 20, 1953; vesting order ______1101 5:14 p. m.] restored to a condition reasonably safe Civil Aeronautics Board for human habitation when it is no Proposed rule making: longer needed for naval purposes: Citizenship requirements for is­ NOW, THEREFORE, by virture of the suance of airman certificates; authority vested in me by section 91 of EXECUTIVE ORDER 10437 notice of proposed rule mak­ the act of April 30, 1900, 31 Stat. 159, as Designating the Honorable Benjamin ing ------1091 amended by section 7 of the act of May O rtiz to Act, Under Certain Circum­ Civil Service Commission 27. 1910, 30 Stat. 447, it is ordered as stances, as Judge o f the United S taffs Rules and regulations: follows: District Court for the District of Federal employees’ pay regula­ 1. The Island of Kahoolawe, Territory Puerto Rico During the Year 1953 tions; step increases; defini­ of Hawaii, except that portion taken by tions; waiting period ______1077 the United States for lighthouse pur­ By virtue of the authority vested in poses by Proclamation No. 1827 of Feb­ me by section 41 of the act entitled ‘‘An Commerce Department ruary 3. 1928, is hereby taken and re­ Act to provide a civil government for See National Production Author­ served for the use of the United States Puerto Rico, and for other purposes”, ity. for naval purposes, and is placed under approved March 2, 1917, as amended by Defense Department the jurisdiction of the Secretary of the section 20 of the act entitled “An Act to See Navy Department. Navy. revise, codify, and enact into law title 28 Economic Stabilization Agency 2. The Secretary of the Navy shall, of the United States Code entitled ‘Judi­ See Price Stabilization. Office of; within a reasonable period following the cial Code and Judiciary’ ”, approved Rent Stabilization, Office of. June 25, 1948 (62 Stat. 9S9>. I hereby date of this order, eradicate from the is­ Federal Communications Com- ■ ■designate and authorise the Honorable land all cloven-hooved animals, or shall mission Benjamin Ortiz, Associate Justice of the A:ihin such period and at all times there­ Notices; after while the area hereby reserved or Supreme Court of Puerto Rico, to per­ Hearings, etc.; any portion thereof is under his juris- form and discharge the duties of the Blake. John, et al ______1096 ffict.oa take such steps as may be neces­ (Convinuvd on p. 1053) Enterprise Co. et al ______1094 1051 750 FIFTY-FIFTH CONGRESS. S e s s . II. R e s . 53-55. 1S9S.

newspapers for any Department shall not apply to the purchase of newspapers for military use by the military information division of the Adjutant-GeneraTs Office from the appropriations for the support of the Army for the fiscal years herein named. A pproved, June 29, 1898.

July l, 1898. [No. 54.] Joint Resolution For improvement o f San Joaqain River and Stockton — ——-— and Mormon channels, California. Resolved by the Senate and House of Representatives of the United States improvement of San of America in Congress assembled, That the Secretary of W ar be, and he suJSnand’yiormon is hereby, authorized to expend for improvements and surveys of the channel», California, waterways hereinafter named and their tributaries any sums of money now to the credit of and heretofore appropriated for the improvement of the San Joaquin River and Stockton and Mormon channels, Cali- fornia, as and where, in his discretion, will best improve the commercial capacity of said waterways. Approved, July 1, 1898.

July 7,1698. F N o . 55.1 Joint Resolution To provide for anoerinir the Hawaiian Islands to fhn — ------buited. gtetffe.

Annexation of the Whereas the Government of the Republic of Hawaii having, in due HprMmbiuIanda form, signified its consent, in the manner provided by its constitution, to cede absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies, and also to cede and transfer to the United States the absolute fee and ownership of all public, Govern­ ment, or Crown lands, public buildiugs or edifices, ports, harbors, mili­ tary equipment, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining: Therefore, Resolved by the Senate and House of Representatives of the United States Cession of Hawaiian of America in Congress assembled, That said cession is accepted, ratified, cept«f!gnty’ et€"’ ac and confirmed, and that the said Hawaiian Islands and their dependen­ cies be, and they are hereby, annexed asjr p;pr tjrfl the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbefore mentioned are vested in the United States of America. Cop ere»» to enact The existing laws of the United States relative to public lands shall 1,ublic'Ulld not apply to such lands in the Hawaiian Islands; bat the Congress of the United States shall enact special laws for their management and revenu’ for ednca disposition: Provided, That all revenue .from or proceeds of the same, tionlfpu^.o9e9 ,eetoca" except as regards such part thereof as may be used or occupied for the civil, military, or naval imrposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of tbe inhabitants of the Hawaiian Islands for educational and other public purposes. Existing powers of Until Congress shall provide for the government of such islands all officers continued. t]je civil, judicial, and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the Removal of officers. United States shall direct; and the President sball have power to remove said officers and fill the vacancies so occasioned. r e ^ sm eunitfel The existing treaties of the Hawaiian Islands with foreign nations States treaties. 1 shall forthwith cease and determine, being replaced by such treaties as 1 1 mid ai le^' la ma-v ex*s^ or as maY ke hereafter concluded, between the United States tioc^Etoned.egls and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the fulfillment of the treaties so extinguished, FIFTY-FIFTH CONGRESS. S e s s . II. R e s . 55, 56. 1898. 751 and not inconsistent with this joint resolution nor contrary to the Con­ stitution of the United States nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine. Until legislation shall be enacted extending the United States cos- ®*i8tin? cystoma toms laws and regulations to the Hawaiian Islands the existing customs awa continued- relations of the Hawaiian Islands with the United States and other countries shall remain uuchanged. The public debt of the Republic of Hawaii, lawfully existing at the United states to aa- date of the passage of this joint resolution, including the amounts due ofIHawa0iipabhc d6bt to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the Government of the United States; but the liability of the United —limit- States in this regard shall in no case exceed four million dollars. So —Merest, long, however, as the existing Government and the present commercial relations of the Hawaiian Islands are continued as hereinbefore pro­ vided said Government shall continue to pay the interest on said debt. There shall be no further immigration of Chinese into the Hawaiian ti«^hproMbitl“misra* Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States; and no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands. The President shall appoint five commissioners, at least two of whom Commissioners to shall be residents of the Hawaiian Islands, who shall, as soon as rea- aoB.nameild legl8la' sonably practicable, recommend to Congress such legislation concerning the Hawaiian Islands as they shall deem necessary or proper. Se c . 2. That the commissioners hereinbefore provided for shall be —appointment of. appointed by the President, by and with the advice and consent of the Senate. Sec. 3. That the sum of one hundred thousand dollars, or so much enfo^£g7eaoiution°r thereof as may be necessary, is hereby appropriated, out of any r ° * money in the Treasury not otherwise appropriated, and to be imme­ diately available, to be expended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect. Approved, July 7, 1898.

[No. 56.] Joint Resolution Authorizing the Librarian of Congreaa to accept the July 7,1898. collection o f engravings proposed to be donated to the Library of Congress by Ill's. Gertrude II. Hubbard. Resolved by the Senate and Mouse of Representatives of the United States of America in Congress assembled, That the Librarian of Con- ^ic™7aneCon?rea3' gress is hereby empowered and directed to accept the offer of Mrs. m-aTies*?Detc.,° from Gertrude M. Hubbard, widow of the late Gardiner Greene Hubbard, Hubbardertrude M' communicated to him by the following letter, on the terms and condi­ tions therein stated, except that instead of naming the gallery in the Library as therein proposed, the collection shall be known and styled as the Gardiner Greene Hubbard Collection, it not being, in the opinion of Congress, desirable to call parts of the public buildings after the names of individual citizens, and that the bust therein named be accepted and kept in a suitable place, to be designated by the Joint Committee on the Library; and to communicate to Mrs. Hubbard the grateful appreciation of Congress of the public spirit and munificence manifested by said gift: W ashington, D. C., March 21, 1898. M y D e a r S i r : I hereby offer to the Congressional Library, for the benefit of the people of the United States, the collection of engravings made by my husband, the late Gardiner Greene Hubbard, and, in addi­ tion thereto, the art books, to be treated as part of the collection, . This disposition of the collection, the gathering of which was to him the pleasure of many years chiefly devoted to the welfare of his fellow- VAII. ANNEXATION OK HAWAII. 2R3 ito oppcrtaining ami each and jral port of the territory of the A It TIC l.K VII.

Tho present treaty shall he ratified by tho President ol‘ the United States, by and witli the advice and consent- c f tho Senate, on the one part, mid by the Provisional iles and transfers to the United Government of the Hawaiian Islands on the other, and the ratifications thereof shall ic, government or crown lands, be exchanged at Honolulu as Boon ns possible. Such exchange shall bo mado on tho itioiiB, military or naval oqnip- part of the United States by the commissioner horoinlioforo provided for, anil it shall nd description belonging to the operate as n complete and final conveyance to the United States o f all tho rights of i every right and appurtenance sovereignty and property herein coded to them. Within ouo month after bo oh United States relative to public exchange of ratifications the Provisional Government shall furnish said commissioner Islands, bat the Congress of the with a full and complete schedule of all the public proporty herein codod and trnns- uagement and disposition: Pro- erred. 10 except as regards such part In witness whereof tho respective plenipotentiaries havo signed the ubovo articles ilitary, or naval purposes of the and have hereunto nfllxoil their seals. looal government, shall be used Hone In duplicate at tho city of Washington this fourteenth day of Fobmary, one Hian Islands for educational and thousand eight hundred and ninety-three.

TREATY OF ANNEXATION OF HAWAII, NEGOTIATED IN x897, ng government and laws o f the UNDER PRESIDENT M’KINLEY, SECRETARY OF STATE SHER­ the paramount authority of the MAN. vice and consent o f the Senate, tids who shall have the power to The United States and the Republic o f Hawaii, in viow o f tho natural dependence iproved by him shall thereupon o f tho Hawaiian Islands upon the United States, o f their geographical proximity indent. thereto, of tho preponderant share acquired by tho United States nnd its citizens in age o f tho ratifications o f this the industries nnd trade of said islands, and of the expressed dosire o f the Govern­ the Hawaiian Islands the laws ment of the Republic of Hawaii thnt those islands should lie incorporated into the , tho internal revenue, commerce United States as an iutegral part thereof and nndcr its sovereignty, nave determined provide, the existing commercial to accomplish by treaty an object so important to their mutual aud permnneut ited States and foreign countries welfare. ami a with the rest of the United To this end tho high contracting parties havo conferred full powers and authority t be construed as giving to said upon thoir respectively appointed plenipotentiaries, to wit: i or agreement whatsoever or to The Presidont of the United States, John Sherman, Secretary of State o f the United mient. Tho consnlar representa- States. m Islands shall be pennittod to The President of the Republic of Hawaii, Francis Maroli llatch, Lorrin A. Thurston, jds until they can receivo their and William A. Kinney. tea. A k t ic l k I.

The Republic o f llawnii hereby oedcs absolutely and without reserve to tho United the Hawaiian Islands is hereby States of America all rights o f sovereignty o f whatsoever kind in and over tho Furthermore, Chinese persons of Hawaiian IidnndB and their dependencies; and it is agreed thnt ull territory of nnd entering the United States will appertaining to the Republic of Hawaii is hereby annexed to tho United States of □ds to other parts of the United America under the name of t he Territory of Hawaii, io penalties as i f entering from a A k t ic l k II.

Tho Republic o f JTawaii also cedes and hereby transfers to tho United States tho illy oxisting at the date o f tho absolute fee and ownership of all publio, Government, or crown lauds, public build­ ng the amounts due to depositors ings, or edifioes, ports, hnrbors, military equipments, nnd all other pnuliu proporty turned by the Government o f the of every kind nnd description, belonging to tho Government of the Hawaiian Islands, es in this regard shall in no case together with every right nnd appurtenance thereunto appertaining. >o long, however, as the existing The existing laws of the United State* relative to public lands shall not apply to if tho Hawaiian Islands are com such lands in the Hawaiian Islands, hut the Congress o f tho United States shall thall contiuue to pay the interest enaot special laws for their management and disposition: Provided, Thnt all reve­ nues from or prooeeds of the same, except as regards enoh part thereof ub may he used or occupied for the civil, military, or naval purposes of tlio United States, or may be assigned for the use o f tho local government, slmll be used solely for the benefit of the inhabitants o f tho Hawaiian Islands for educational and other publio purposes. to pay to Lilinohnlani, the late o f the ratification of this treaty, A k t i c l k 1 1 1 , ' 1 thereafter a like Bum o f twonty i, provided she in good faith sub- Until Congress shall provide for the govommont of such islands, nil the civil, judi­ ited States and the local Govern­ cial, and military powers exercised by tlio officers o f the existing Government in said islands shall be vested in such person or persons and slmll bo exercised in such man­ or agrees to pay to the Princess ner ns the President o f the United States slmll direct; and tho President shall have hnuge o f the ratifications o f this power to remove said officers and fill the vacancies so occasioned. and dollars, provided she in good The existing treaties of the Hawaiian Islands with foreign nations shall forthwith f the United States and the local cease and determine, being replaced by such treaties ns may exist or as may be hereafter concluded between the United States aud such foreign nations. The 284 ANNEXATION OP TMWAIT, municipal legislation of tlio Hawaiian Maude, not enacted for tbo fulfillment of the treaties {to cxtinguiHiied, mxl not inconftintont with this treaty uor contrary to the Constitution of tbo United States, uor to any existing treaty o f the United States, shall renin in In force until tho Congress of tho United States shall otherwise determine. Until legislation Bhall be enacted extending tho United States rustoms laws and regulations to the Hawaiian ItdundB, tlio existing customs relations o f tho Huwaliau Islands with tbo United States and other countries shall remain unchanged.

A r t ic l e IV.

The pnblic dobt of tho Republic of Hawaii, lawfully existing at the date of the exchange o f the ratifications o f the treaty, including tbo nmonnts dne to depositors In the Hawaiian Postal Savings Hank, is hereby assumed by the Government o f the Uuited States, but the liability of tbo Unltod States in tliis regard shall in no case exceed $4,000,000. So long, however, as the existing Government and the present comineroial -relations of the Hawniinn Islands are continuod, as hereinbefore pro­ vided, aald Government shall continue to pay the Interest on said debt.

A r t ic l e V.

There shall be no further immigration o f Chinese into tho JTnwnUan Islands, except upon such conditions as are now or may hereafter bo allowed by the lawn of the United Slates, end no Chinese, by reason o f anything herein contained, shall be allowed to enter the United States from the Hawaiian Islauds. .

A r t i c l e VI.

The President Bh&ll npnoint five commissioners, at least two of whom shall be resi­ dents o f the Hawuimu Islands, who shall, as Boon as reasonable and practicable, recommend to Congress such legislation for the Territory of Huwail as they bUoII deem necessary or proper. A r t i c l e VII,

This treaty shall be ratified by the President o f tho United States, by and with the advice and oonscnt o f tho Senate, on the one part; and by the President o f the Republic o f Hawaii, by and with the advice and cousent of tlio Senate, in accord­ ance with the constitution of said Republic, on the other; and the ratifications hereof shall bo exchauged at Washington as soon os possible. In witness whereof tbo respective plenipotentiaries have signed the above artioles and have hereunto affixed thoir seals. Done in duplicate at the city of Washington, this sixteenth day o f June, one thousand eight hundred and ninety-seven. J o h n S h e r m a n . [ s e a l .] Francis March Hatch, [sbal .1 L o k k in A . T h u r s t o n , [ s e a l .] W i l l i a m A . Ki n n e y . [ s e a l .]

\ -MEMORANDUM -

" ° F “ - TITLE -

THE

- UNITED STATES OF AMERICA - is vested with the fee title to the- - ISLAND OF KAHOOLAWE - (A description and map of which is attached hereto and) (made part hereof, marked Exhibit HAM by reference, )

The fee title is acquired by Article II of the Annexation Treaty ratified by the United States Congress on July 7, 1898, which recites in part with reference to the acquisition, thusly-

"The Republic of Hawaii also cedes and hereby transfers to the United States the absolute ownership of all public, government, or Crown lands, public buildings, or edifices, ports, harbors, military equip­ ments, and all other public property of every kind and description belonging to the Government of the Hawaiian - Islands, together with every right and appurtenances thereunto appertaining,"

Under the United States of America, the Island is encumbered by the following, thusly-

Presidential Executive Order No. 1827, dated February 3, 1928, 23.3 acres of the Island (description and map of which is attached hereto and made part hereof, marked Exhibit "B" by reference) for Lighthouse purposes, placed under the jurisdiction of

- THE DEPARTMENT OF COMMERCE -

and By Presidential Executive Order No. 10436« dated February 20, 1953, the Island is placed under the jurisdiction of

- THE SECRETARY OF THE NAVY - *

for Naval purposes.

- ORIGIN AND CHAIN OF TITLE -

Discussion As To The Origin- Title to lands in the State of Hawaii officially became ā reality at the time of the Enactment of the Law*, creating the Board of Commissioners to Quiet Land Titles, December 10, 1845, and subsequent Acts to implement the claim and disposition of lands from which emanates the "Mahele of 1848" [literally "The Division (of land) Of 1848"].

A Short Historical Background Preceding The "Mahele". By conquest, and the peaceful cessation of the Island of Kauai, Kamehameha First, popularly referred to as "Kamehameha The Great”; became the superior lord of the Hawaiian Kingdom and all the lands therein were his to dispose of and by no other. About three years prior to his sojourn as a warrior, and conqueror, Kamehameha First married Kaahumanu. Subsequently, he bestowed upon her the title of Premier, or Vice-King, with equal powers, including the power of life and death throughout the kingdom. Kamehameha First, died May 8, 1819. Be was succeeded to the throne by his eldest son by name of Kalani Kua Liholiho, begotten from his second wife named Keopuolani; the throne and all business of the Crown and State descended to him. Be reigned under the name of King Kamehameha II. Kaahumanu remained Premier.

i -Page TWO- During the reign of King Kamehameha II, no notable reforma­ tion in the operation of the government, or the lands, were inaugurated by him. Disposition of lands continued as it was in the past, mostly conveyance of limited tenure. * Kamehameha II, died on July 14, 1624, six days after his consort, Queen Kamamalu, sometimes referred to as Kaahumanu Second. Their deaths took place while visiting England- He was succeeded to the throne by his brother Kalani Kauikeaouli, who is also a son of Keopuolani, the second wife of Kamehameha First. The throne and all business of the Crown and State descended to him. He reigned under the name of King Kamehameha III. Kaahumanu (First) remained premier until her death in Manoa Valley, June 5, 1632, and was succeeded by Kahoanoku Kinau, half sister of Kalani Kaeuikeouli.

Abstractor's Note. As time went by, the Office of Premier became less important, and was subsequently abolished. Little will be gained by continuing the discussion on the subject. Henceforth, no reference will be made of it in the rest of the discussion.

Continuing The Discussion On The Origin- King Kamehameha III, with the House of Nobles, and Representa­ tives, approved a Constitution and Bill of Rights for the Hawaiian Kingdom, on October 8, 1840. Thus, was inaugurated a constitutional government under a monarchial system. ..Not only a reform in the operation of the government was instituted, but, also a land reform.

- THE CHAIN OF TITLE -

With regards to the Government, and the lands of the Hawaiian Kingdom, the Constitution of October 8, 1840 recites in part, thusly

"Kamehameha I was the founder of the Kingdom, and to him belonged all the land from one end of the islands to the other, though it was not his private property. It belonged to the chiefs and people in common, of whom

-Page Three- Kamehameha I was the head and had the management of the landed property. Wherefore there was not formerly and it is not now any person who could or can convey away the smallest portion of land without the consent of the one who had or has the direction of the Kingdom. These are the persons who had the direction of it from that time down - Kamehameha II , Kaahumanu, and at the present time Kamehameha III. These persons have the direction of the Kingdom down to the present time, and all the documents written by them, and no others, are the documents of the Kingdom."

While discussing the disposition of claims to lands in Privy Council, on December 11, 1847, the King and Chiefs passed a Resolution appointing Gerrit P. Judd, a Committee, to receive reports on what lands belong to the King.* As to the Island of Kahoolawe, the following notation appears on Page 200 of the Mahele Book of 1848 on file in the Department of Land and Natural Resources which reads, thusly-

“Kahoolawe no Aupuni G. P. Judd" - Translated “Kahoolawe for the Government G. P. Judd".

As provided under the Act creating the Board of Commissioners to Quiet Land Titles, passed December 15, 1845, the Island of Kahoolawe became the property of the Hawaiian Government under King Kamehameha III, On March 8, 1848, King Kamehameha III confirms the claim by executing a deed which recites in part, thusly-

Know all men by these presents, that I Kamehameha III by the grace of God, King of these Hawaiian Islands, do hereby give, make over and set apart forever to the chiefs and people of my kingdom, and convey all my right, title and interest in the lands situated here in the Hawaiian Islands, inscribed in pages 179 to 225, both inclusive, of this book, to have and to hold to my chiefs and people forever."

The deed appears on Page 225 of said Mahele Book of 1848. pages 179.to 225 are odd numbered pages in said Mahele Book of 1848, listing all the lands of "Ko Ke Aupuni", translated -

-Page Four- "The Lands of the Government" . The notation should have been uinder MThe Lands of Kāmehameha XII" ; to be readily understood. In confirmation of the foregoing, the House of Nobles and Representatives, under Act of June 7, 1848, . . . "in the name of the Chiefs and People of the Hawaiian Islands, accept the following lands, viz"

"Names of Lands Ahupuaa District Islands"

"Kahoolawe Mokupuni Okoa /-1-. (Koolau) * Kahoolawe" *********

..."and we do hereby declare those lands be set apart as the lands of the Hawaiian Government, subject always to the rights of tenants."

Abstractor's Note.

With regards to "the rights of tenants," King Kamehameha III and his Chiefs, in Privy Council, discussed the subject of giving the tenants who live and cultivate the lands of the King, Government and Chiefs, fee simple title to their lands on which they live and cultivate. A Resolution was passed on December 21, 1849, approving same. With the land, went certain rights, which was also discussed in Privy Council on July 13, 1850. Wm. L. Lee, a Chief, who is also Judge of the Superior Court, advised Council that the Resolutions passed by the Privy Council, do not have the effects of Law. So, on August 6, 1850, the House of Nobles and Respresentatives passed an Act confirming the Resolutions. The "rights" set forth in Section 7 of said Act was amended July 11, 1851. And as a matter of fact, the "rights" are repeated under Chapter 7 - Miscellaneous Rights of the People, on Page 203, Volume 1 of the Hawaii Revised Statutes.

/1.Translated-"Kahoolawe - an Island - District of Koolau*-Kahoolawe Island * The ditto mark under District implies that the Island of Kahoolawe is part of the District of Koolau, Island of Molokai. It is not.

-Page Five- It is generally construed, that, if a tenant has awarded land within the boundaries of the land of the Chiefs, Government or King, his "rights" are limited to within the area, and not * have widespread effects. There are no claims to lands on the t. Island of Kahoolawe. And the Island coming under the realm of the Government* no sale of any parcel has been made to anyone.

The Chain of Title Continues- There are no instruments of record affecting the Island^ made by King Kamehameha III. On June 14, 1852, King Kamehameha III; adopted a second Constitution. As in the First Constitution (October 8, 1840) provided, that should the King fail to appoint a successor to the throne, the power to do so rests with the House of Nobles and Representatives, King Kamehameha III, died on December 15, 1854, and as provided under the Constitution, Alexander Liholiho, an adopted son, was appointed successor to the throne. The throne and all business of the State and Crown descended to Alexander Liholiho, who reigned under the title and name as King Kamehameha IV. King Kamehameha III failed to name a successor during his lifetime. On April 1, 1858, a Lease was executed by the Minister of Interior, under King Kamehameha IV, to the favor of Robert C. Wyilie, and Elisha H. Allen. Leasing the subject Island for a term of twenty (20) years from date, at a rental of $505.00 per year. This Lease is filed in the Department of Land and Natural Resources as General Lease No. 47-A. On November 30, 1863, King Kamehameha IV died. As provided under the Constitution, Lot Kamehameha an elder brother was appointed to succeed him to the throne. The throne and all business of the Crown and State descended to Lot Kamehameha, who reigned under the title and name as King Kamehameha V. King Kamehameha IV failed to name a successor during his lifetime.

-Page Six- On March (no date) 1864, a Lease was given to Elisha H. Allen. Leasing the subject Island for a term of fifty (50) years from January 1, 1863. Said Lease is filed in said Department as General Lease No. 115. King Kamehameha V, after having been proclaimed King of the Hawaiian Kingdom, did on August 20, 1864 adopted a new Constitution, abrogating the Constitution of King Kamehameha III. On December 11, 1872, King Kamehameha V died. As provided under the Constitution, William Charles Lunalilo was appointed to the throne. The throne and all business of the Crown and the State descended to King William Charges Lunalilo. King Kamehameha V had named Princess Victoria Kamamalu Kaahumanu to succeed him. She died unmarried on May 29, 1866. On February 3, 1874, King William Charles Lunalilo died. And as provided under the Constitution, Prince David Kalakaua was appointed to the throne. The throne and all business of the Crown and the State descended to King David Kalakaua. King William Charles Lunalilo did not name a successor in his lifetime. On March 22, 1880, a Consent by the Minister of Interior under King David Kalakaua was given in the Assignment of Lease No. 115 by Elisha H. Allen to Albert D. Courtney and William H. Cummings, as noted in the records of said Department. On April 27, 1887, the aforementioned Lease No. 115 was assigned to Kynnersley Bros, and R. von Tempsky,, as shown on said records in said Department. On July 7, 1887, King David Kalakaua adopted a new Constitution abrogating the Constitution of his predecessor. On January 20, 1891, King David Kalakaua died. The throne and all business of the Crown and State descended to Princess Lydia Kamakaeha Liliuokalani, sister of the King, whom he named as his successor under Article 22 of the Constitution. She reigned under the title and name of Queen Liliuokalani.

-Page Seven- Abstractor's Note. The Hawaiian nation under the reign of Queen Liliuokalani, came to a tragic end in the year 1893. Of the circumstances surrounding its inception, and the subsequept results, this writer maintains a prejudiced position. However, for the sake of continuity as to the Chain of Title, or succession, the writer at this point, states, that the Chain of Title, or succession insofar as it concerns the Hawaiian nation under a Monarchial System of government, ends.

The Chain of Title Continues- On January 17, 1893, a Provisional government under an elected President, as head of State took over, in its entirety, the government that was formerly under Queen Liliuokalani, including the control of all the lands not disposed of, in the Hawaiian Islands. The provisional government became a permanent institution on July 3, 1894 adopting its own Constitution, abrogating the Constitution of former governments, and operate under the style and name as The Republic of Hawaii with an elected President as Head of State. On August 14, 1895, the Legislature under The Republic of Hawaii passed an Act relating to the lands in the Hawaiian Islands, calling it the "Land Act of 1895." That among other things set forth in said Act, the following is recited in part, thusly-

. .."all lands heretofore called 'Crown* and 'Government' became known as 'public lands'."

All during the transitional period. Lease No. 115, hereinabove mentioned, remained in full force and effect. On July 7, 1898, a Treaty for the Annexation of the Hawaiian Islands was ratified by the Congress of the United States of America, as the result of an appeal made by the Republic of Hawaii. Of the many provisions of the Treaty, the following with

-Page Eight- regards to lands in the Hawaiian Islands, under Article II, recites in part, thusly-

"The Republic of Hawaii also cedes and hereby transfers to the United States the absolute ownership of all public, government, or Crown lands, public buildings, or edifices, ports, harbors, military equip­ ments, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenances thereunto appertaining."

On April 30, 1900, the Congress of the United States of America approved an Act to provide a government for the Hawaiian Islands, in place of the Republic of Hawaii. This Act is popularly referred to as "The Hawaiian Organic Act." All matters of the State, particularly with regards to the "public lands," came under the control and management of the new government operating under the style and name as the Territory of Hawaii, On December 23, 1918, the island of Kahoolawe was leased to Angus McPhee, for a term of 21 years from dated, at a rental of $600.00 per year. A Sub-Lease was given to one Lee St. John Gilbert, July 1, 1919. This Lease is filed of record in said Department as Lease No. 1049. On May 23, 1933, a Lease was given to Kahoolawe Ranch, for a term of 21 years, at a rental of $100.00 semi-annually. This lease is filed in said Department as Lease No. 2341. On September 30, 1952, the foregoing Lease No. 2341 was cancelled.

Abstractors Note. At the time General Lease No. 2341 was cancelled, the United States of America entered into the Korean conflict. The use of the Island of, Kahoolawe for naval purposes became more evident. All plans for its purported return to the State of Hawaii (then under Territorial status) were abandoned.

-Page Nine- By Act of March IQ, 1959, Public Law LQ6-3, 73 5tat.4, the Territory of Hawaii became a sovereign State of the Union of States; that is, the United States of America. That among the many provisions set forth in the Admission Act with regards to lands under the jurisdiction of the United States Congress, or the President of the United States of America, the subsection copied from the Hawaii Revised Statues Volume 1, Page 87 is the most effective with regards to the subject matter. (See Exhibit "C" ). The Abstractor ends this memorandum at this point, as he feels he has covered the subject of "title" to the Island sufficiently to render an opinion as to the legal possession.

Dated at Honolulu, Hawaii, March 9, 1976, 8:00 A. M.

LICENSED ABSTRACTOR LICENSE NO. AB-16 CHAPTER 436, H.R.S.

RESPONSIBILITY OF THE ABSTRACTOR The foregoing Memorandum was prepared for the exclusive use of the State of Hawaii through its Department of Land and Natural Resources. All information opinions expressed therein are not to be relied upon, used or taken out of context for the purposes of determining or settling of any private matter, by any person or corporation, individually or collectively.

-Page Ten- TERRITORY OF HAWAII SURVEY DEPARTMENT C .S .F . NO 11,526 HONOLULU September 18, 1952

ISLAND OF KAHOOLAWE TERRITORY OF HAWAII

The Island of Khooolawe, Territory of Hawaii, ia loocted in tto Pacific Ocean within the H awaiian Island Group, approximately 8 miles west of the Island of Maui and lying between latitudes 20° 19' and 20° 58' Horth from the Equator and between longitudes 156° 31' and 156 ° 43' West from Groenrrlch, said Island of Kahoolawe containing an approximate area of 2 8 , 8 0 0 Acres.

Compiled from U.S.G.S. Cuad Sheet of Kahoolawe, Hawaii and Gov't.Survey records. TERRITORY OF HAWAII SURVEY D EPARTMENT

BY: Framcis *;• .u.*juu-ole Senior Goodetlc hn^lnoer r y

EXHIBIT "A "

Eclioolano Contlxooct roint 7-lrdit Station 2o2antl of ICoilo^Xaco* Solitary 6cc l>aua11*

BacInaLnc nt a point znrtcod by a U/D’’ braco pin in a cozwotc bXad: otanpod TO*3«.l*TUC*% odd point boarin# 335° OC* 3CP a d dlotcjot JJ40*4 foot froc* trtcnculotion c tat loo *2opo% tbcnoo by truo csinutho end dlct ncoo* oo folla/o:- 2 CA* 34* CCP 1369*23 foot to a J?/Dn braco rin In a occcocto lilocii £tampecri;.I .U~~V.+ ■* } tbODOO 8« 270* OCP 290*0 foot to o point on t?io oona!x>ro at dCTsaattr rark; 3# Tlxsaco ole re tfio noandorinco of PJfSzxitc r m r!s cvt ocao?ioro to a point T/n^crj be: ro Ca* 34* 00° and lo diotcnt 1 ;'*0 foot froa tbo point cf bcsclnninc; tiscnco 4 # 264° 34* 00° iCwO foot to tlio point cf boclaninr,# esc?, onur» ji 2 3*3 ac.slx** i e s e s or* u;or>*

THE ADMISSION ACT Sec-18

(b) Notwithstanding the admission of the State of Hawaii into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by arti­ cle I, section 8, clause 17, of the Constitution of the United States, in All cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are controlled or owned by the United States and held for Defense or Coast Guard purposes, whether such lands were acquired by cession and transfer to the United States by the Republic of Hawaii and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Hawaii for the use of the United States, or were acquired by the Untied States by purchase, condemnation, donation, exchange, or other­ wise; Provided (i) That the State of Hawaii shall always have the right to serve civil or criminal process within the said tracts or parcels of land in suits or prosecutions for or on account of rights acquired, obhv gallons incurred, or crimes committed within the said State but outside of the said tracts or parcels of land; (ii) that the reservation of author­ ity In the United Stales for the exercise by The Congress of the United States of the power of exclusive legislation over the lands aforesaid shall not operate to prevent such lands from being a part of the State of Hawaii, or to prevent the said State from exercising over or upon such lands, concurrently with the United States, any jurisdiction what­ soever which it would have in the absence of such reservation of au­ thority and which is consistent with the laws hereafter enacted by the Congress pursuant to such reservation of authority; and (iii) that such power of exclusive legislation shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and used for Defense or Coast-Guard purposes: Provided. Howe v e r.Thnt the United States shall continue to have sole and exclusive jurisdiction over such military in­ stallations as have been heretofore or hereafter determined to be criti­ cal areas as delineated by the President of the United States and/or the Secretary of Defense.

e x h i b i t " c " George Helm depths of theirna'au, their guts, and cal facets of G eorge’s being is th a t he understood what George was about. has bridged gaps between the old and He punabele no ‘oe na ka makua. Whenever he played his guitar and sangthe contemporary. His understanding of This first line of a song which is dear to in public, he always looked for gray the continuous and timeless stream of George Helm says that you are a favor­ heads, and when he found them he sangthings Hawaiian is unequaled by his ite of the generation before. In the fall for them . peers. In George was a person of two George had heard the song and spent a The loss of George at sea is affecting worlds or two ages—the purely Hawai­ few' afternoons working on it until heHawaiians of all ages and of many dif­ ian values before 1778 and the non- could include it in his repertoire. There ferent interests. The internal communi­ Hawaiian values imposed over the past were few contemporary songs which cation system of the Hawaiian commu­ two centuries. There have been, of George sang. His appreciation centered nity is buzzing. Contacts are being madecourse, deep conflicts generated within on songs which had been written duringamong individuals who heretofore haveGeorge, and he has felt the pains from the first half of this century and embodiednot had much in common, or so they such conflicts. But he has also been able what George called “Hawaiian Soul.” thought. The reactions to the events sur­to run with the younger Hawaiians and He found his musical gift inspired rounding George’s loss range from dis­ sit with the older ones. through our elder musicians and com­ belief to quiet acceptance. One of the For younger Hawaiians George has posers. The Isaacs family, Andy Cum­ basic questions is: why did this happen?very capablyarticulated manyof th e ir mings, David Nape, Alfred Alohikea and The answer shall forever remain with frustrations and has been instrumental Lena Machado were among his favorites,George. in laying out strategies in their effort to and through their Hawaiian Soul he came In his endeavors over the past year be heard. He has set direction, connect­ to understand the political awareness, and a half, George has touched more ed different factions and shown that the crying hurt and the unspoken dignityHawaiians than any other individual. Hethere is indeed Hawaiian Soul. From of the Hawaiians of the 1920s, 1930s has had contact with many of the vari­older Hawaiians he has learned. He has and 1940s. All of these qualities—as well ous interest groups within the Hawaiianspent many hours listening as remem­ as those of passion and humor—are foundcommunity. He has been respected, if bered knowledge was shared with him in Hawaiian songs which most young con­not always agreed with, and has always arid as advice was administered to him. temporary Hawaiian musicians ignore inoffered to kokua in whatever way he As busy as he was, George always an attempt to develop a new sound. could, One of his goals has been to bringfound the time to spend with individ­ George Helm the musician is a little the community together and to help uals and to go to the shore. He was gen­ known individual in comparison to individuals understand that for Hawai­ tle and solicitous in his care for other George Helm the "activist” and one of ians the long-range objective is the people. When he asked, “How you, you the prime movers in Hawaiian political same: to be Hawaiian above rather than okay?”, he really wanted to know. And consciousness. But through his musicunder ground. if you weren’t okay, his gentleness and older Hawaiians were touched in the One of the most important and criti­concern somehow made you a little more okay. When he himself was trou­the middle boy among five brothers. and others who shared the spirit ... bled or needed to meditate or hadto His father placed a guitar in his hands Native Hawaiians to do their best to work somethingout, he went to the at an earlyage, and George taughtit preserve and enhance what they t hought ocean. From the ocean he would gain how to sing Meanwhile, his mother, a was traditionally and uniquely "Hawai- strength and calmness.It was nevera pure-bloodedHawaian, taught him the ian”—the special spirit of cooperation surprise when George said, “ Let’s go to old Hawaiian values. He lived on Mo­ amongst people and the recognition that the shore,” at any time of day or night.lokai for many years, about 15, beforethe land and the sea of Hawaii are limit­ There he would go off by himself for he was sent to the “big city” of Hono­ed resources and must be treated with awhile, and when he had worked thingslulu on a baseball scholarship to St. respect and love, not with abuse. out he would come back to us with a Louis High School. Critics say that George Helm was renewed spirit. The cultural shock was initially “stupid” and/or “crazy” to have be­ The literal translation of the contem­devastating. He just couldn’t handle it come so involved in the Kahoolawe issue porary name of Kahoolawe is “the at first. His classmates made fun of his as to have lost his life for that cause. I carrying away by currents." The tradi­ Molokai pidgin, his “funny” clothes don’t think so. He was quite aware that, tional name of the Island is Kohe Mala- and his “backward” ways. He just in the struggle to enhance Hawaiian malama o Kanaloa, “the shining vaginawasn’t “cool.” Lesser souls would have consciousness, some lives—perhaps even of Kanaloa." Kanaloa is our god of thewilted. George didn’t. his own—would be lost. sea. For a people who are so much of The barefoot Molokai boy became a George Helm evidently suffered the sea, being lost at sea is a sweet much pain toward the end of that life. burial. His study of psychology and religion ‘llima Pi'ianai'a had led him into what he felt was some understanding of Hawaiian mysticism How could you and spirits. For days before his last trip leave us now? to Kahoolawe on March 5, he had had premonitions that “something terrible" George Helm is, and was, and still is was going to happen involving the Is­ m y friend. land. Although he was under court order 1 can’t bring myself fully to talk not to return to the Island for having about George in the past tense—hence, “trespassed” on it in February, he re­ my statement that he stillis my friend. turned to try to warn his friends, Walter But it is apparent now that he has been Ritte and Richard Sawyer, of these pre­ lost at sea, probably somewhere in the monitions. The irony is that Ritte and “Keala-ika-hiki" Channel—translated Sawyer were removed from the Island as “the road to Tahiti”—and he is pre­ tough and serious man—tough and seri­by helicopter that very day, and George sumed dead. ous in his judgment and expectations ofnever found them. He himself was being It's hard to accept the death*of any others and of himself. Institutionalized “hit”—physically wracked—by spirits all friend, particularly a close one. The learning had failed to help him, so he the time he was on Kahoolawe, accord­ tragic circumstances of Helm’s disap­ set out to learn on his own after high ing to the lone survivor of the ill-fated pearance make it even more difficult to school, reading widely in Hawaiian cul­ mission, and he was apparently in ex­ accept. All during the week of March 7, ture and in psychology (mostly Jung)tremely debilitated condition when he like many others, I held out the hope-and religion. He wanted to understand reentered the water on March 7. against-hope that George might be why he had had to endure the cultural George Helm is gone now. Little had found alive, along with his cousin, Kimoshock and why the old Hawaiian ways he known (or he certainly did not let on M itchell. of psychology and religion did not seemif he knew) that the “something terri­ “How could you leave us now, to “fit” the modern world. ble” was to happen to him. He has made George,” I thought, “when there’s so In the past year, George Helm had the ultimate sacrifice to the Hawaiian much work left to be done?” emerged as a leader of the accelerating cause. However, as his mother, “Auntie George Helm—Native Hawaiian, two movement of Native Hawaiian con­ May” Helm notes: “His work is un­ weeks short of 27 years old, self-taught sciousness—and he was pushing higherfinished.” Those of us who survive him, philosopher and "old-style” Hawaiian and higher .. . until he was cut down soincluding those musicians who thought musician-composer with one of the rudely by the fates, the elements, the surely he would be around to carry on, sweetest voices this side of heaven. Nowgods or whatever you might choose toknow that. Now we must finish his his voice is stilled, and Hawaii, and the call them . work for him. Native Hawatians, part and full, and all He helped found and was the presi­ Rest well, George, wherever you may people are the worse off for it. dent of the Protect Kaho’olawe ‘Ohana.be. We’ll do our best not to fail you and George Helm grew up in a poor Ha­ In that role, he traveled at his own ex­ to make you as proud of us as we were— waiian homestead, at Kalamaula on pense throughout the Islands, exhortingand are—of you. Molokai—the fourth of seven children,people with any drop of native blood A friend October 6, 1981 RADIO EDITORIAL Tom Elkins

That Navy consulting firm's report on continued military use of Kahoolawe stares out just fine. It says, "Clearly, in order for the military mission to be accomplished, total preservation of all historic properties on the island is simply not feasible or prudent." That says it. It puts to rest any claim by the military that it can bomb selective parts of the island without diminishing it's historic value. However, the report goes on to say: "Compromises must be made." It then suggests that we compromise by regarding some of the historic matter as expendable; alright to bomb. That sounds like a solution of a mili­ tary person. It certainly is not the solution of an archaeologist.

Conducting an archaeological study is like putting together a jigsaw puz­ zle...except instead of constructing a pretty picture, the scientist is recon­ structing a society...how people lived. What Is being suggested is that the military take away a portion of the pieces of that jigsaw p u zzle. Have you ever tried to work a jigsaw p u z z le with pieces missing? You can't get the picture, right? An archaeologist can’t build a picture of early life on Kahoolawe i the Navy takes away some of the pieces. Unfortunately,...at least from the Navy's point of view....there is no way to compromise on use of a land area as small as Kahoolawe. If scientists are ever going to decipher the puzzle on that island, the Navy must stop bombing so they can do it. And they must refrain from bombing until they are done. And that will take decades...during which time an alternate bombing target will be found, and the military's de­ pendence on Kahoolawe will have disappeared.

It is doubly important now that the island...the entire island...has been placed on the National Register of Historic Places. Our own military is bomb­ ing our own history. I contend it should not do that.

PO Box 35 □ KbhuU, Hawaii 96732 □ (808)8775566 Owned endoperated by KE-NUI Corporation — r%\

SITREP 1 PACE 2 o f 3 TITSDAT, VARCR 1 3 , 1 9 ?9 t c fe c

SITREP 1 PART II—BT AIVET £Q ..V ,. 13 March 1979 a. Admirals Davis and McXee have no objections to the draft bill on developing a technology for clearing Kahoolave of unexplodcd ordnance, except (1) leave out the lin e in SEC. 2 "The development and demonstration of the technology shall be completed not later than one -T -- .year after the date of enactment of this Act* or as s f a us tt* + r soon th ereafter as practicable^^!—and (2) add to * yfs'Jch appropriation s to be aJ>^Ve and b^fbnd r.hose •'r fequinro for thi

c..' One reason for the shift of the DDG’s from public to private yards is that, shipbuilding is suffering vorl'dvide, down to 17.6 million tons in 1978 compared to 34.2 ni lion tons in 197 S., The United States ranlcs fourth in 978 vith 1*0 million tons compared to-Japan’s 6.3 million tons (Alvey), TELECOPY TO: LAURIE FROM: ALVEY & Proposed draft legislation on Kahoolawe for the 96th Congress to replace S.221 of the 93th. S, BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OFThI UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That in order to deteraane the feasibility and cost of clearing the island of Kahoolawe, Hawaii, and the surrounding waters of ordnance and other debris resulting from the use of such island as a target range by the United States Navy, the Secretary of the Nary is authorised and directed to (1) develop the technology for clearing unexploded ordnance from fast land with the soil composition peculiar to the island of Kahoolawe and from submerged land with the ecology peculiar to subtropical waters, and (2) demonstrate the proposed technology at selected sites on Kahoolawe. SEC. 2. The development and demonstration of the technology shall be completed not later tmmmsfemm?- than one year ^ after the date of enactmcnt of this Act, or as soon thereafter as practicable. The Secretary of the Navy shall report to the Committees on Armed Services of the Senate and the House of Representatives not later than 60 days after completion of this project. SEC. 3. Any land or water area which may be cleared of unexpjoded ordnance incident to the demonstration of the technology shall be fenced or buoyed and be used for such purpose or purposes as the Secretary of the Navy say approve.

SEC. 4. There are authorised to be appropriated such sums as say be necessary to carry out the provisions of this Act.

Should this approach meet the approval of DKI, I shall be pleased to make a first draft of a speech of introduction. tt has been surprising that the Navy actually does not Know how to carry out the terms of Presidential Executive Order 10436 .

NEWS RELEASE

For Additional Information, Contact:

Hobert Duncan, Press Secretary to Governor George R . Ariyoshi 548-2320 C. Keith Haugen, State Director of Information 548-6224

EXECUTIVE CHAMBERS STATE CAPITOL 79-05 THURSDAY, JANUARY 18, \979

Governor George R. Ariyoshi announced that State Forestry officials have started a reforestation project on the Island of Kahoolawe as part of a conservation project for that Island, which has been used as a target by the military since World

War II.

The project, based on a conservation plan prepared by the State late last year, is being done in cooperation with the Navy under the soil conservation provisions of the Memorandum of Understanding between the State and the Navy.

State forestry personnel went to the Island earlier this month to locate areas and to stake out windbreak lines so that Navy explosive ordnance crews could blow holes into the hard barren surface to facilitate the planting.

According to State Forester Libert K. Landgraf, the windbreak planting areas being planted in this first phase, are located around the summit of Lau Makika in the eastern half of the Island, at elevations ranging from 1,250 to 1,450 feet above sea level. The area now is almost devoid of vegetation, with the exception of a few small grassy areas and scattered kiawe and tree tobacco plants.

Landgraf said the species used for the windbreak plantings are tamarisk

(Tamarix aphylla). The tree has proven to be one of the best adapted and wind - 2 -

resistant species of those tested in earlier experimental plantings on Kahoolawe.

Those plantings were done by State Department of Land and Natural Resources personnel some years ago.

One of the best features of the tamarisk is that it is apparently unpalatable to the feral goats which roam the Island. This was learned by accident when the fence around one of the experimental plots collapsed and the goats entered the site, eating everything but the tamarisk.

In all, about 1,000 holes were blasted by the Navy personnel to accommodate the plantings of the windbreaks.

The trees, planted in polyethylene bags, were taken to the Island from Maui, and were planted under the direction of Wesley Wong, Jr., district forester.

The State team was accompanied by Michael Kaschko, an archaeologist with

Marine Research, Inc., who surveyed the planting area to determine that no archaeological sites would be disturbed.

All transportation, including vehicles on the Island, were provided by the military. The eight-man crew spent five days on the Island to complete the planting.

"The main thrust of this conservation project is to bring about a direct halt to the present soil erosion problems on Kahoolawe," Governor Ariyoshi said.

"It shows also what can be done with cooperation between the State and the military. We are happy for their assistance and attitude toward helping to halt the erosion that has plagued Kahoolawe for so many years.

"This reforestation project is a small, but yet, very significant and symbolic step in the rehabilitation of the Island of Kahoolawe," Governor Ariyoshi said.

" I truly believe we can restore life to at least a portion of this Island, and my

Administration has worked very hard to bring this about. - 3 -

"The planting of trees may not seem terribly important to some, but to many of us, this is a renewal of Hawaiian life on one of our Islands.

"We cannot reverse all that has been done in the past, but we are approaching a new beginning for the Island of Kahoolawe, and with the efforts of this

Administration, and the cooperation of the Federal Government, we will achieve a better future for it.

"Kahoolawe is an integral part of Hawaii, and always will be, and this resurgence of life, through the planting of trees on this Island, is a reaffirmation of this," Governor Ariyoshi said.

Experimental planting trials on Kahoolawe have been conducted by the State in cooperation with the U.S. Forest Service, Soil Conservation Service and the U.S.

Navy since 1971.

The State has recommended a long-term conservation program of 40 to 50 years to improve the harsh and barren environment on the Island by revegetating eroded areas.

After this initial planting of windbreaks, plantings of other trees, shrubs and grasses will follow. Earth dams and water retention systems also may be

implemented.

Eventually, some 68,000 seedlings will be planted on Kahoolawe by the State.

State officials said the Navy has developed an excellent method to prepare

the hard and eroded surfaces of the Island for the tree plantings.

A blasting cap charge digs and loosens the soil in about a two feet circle, and

up to approximately three or four feet in depth. The method prepares a better

planting hole than can be dug with a pick or shovel, and it also clears the site of

any unexploded ordnance missed by the decontaminating teams.

The 1,000 trees now on Kahoolawe are in no danger from military training - 4 -

operations. The windbreak is in the eastern safety buffer portion of the Island where training exercises are not permitted.

- 3 0 -