{"id":7574,"date":"2009-08-05T11:21:36","date_gmt":"2009-08-05T19:51:36","guid":{"rendered":"http:\/\/www.dmzhawaii.org\/?p=7574"},"modified":"2010-08-05T11:24:34","modified_gmt":"2010-08-05T19:54:34","slug":"makua-range-re-opening-cause-for-legal-conflict-and-military-outreach","status":"publish","type":"post","link":"https:\/\/www.dmzhawaii.org\/?p=7574","title":{"rendered":"M\u0101kua range re-opening cause for legal conflict and military outreach"},"content":{"rendered":"<div><a href=\"http:\/\/www.oha.org\/kwo\/loa\/2009\/08\/story07.php\">http:\/\/www.oha.org\/kwo\/loa\/2009\/08\/story07.php<\/a><\/div>\n<div><span>N\u016aHOU \/ \t        NEWS<\/span><\/div>\n<table border=\"0\" cellspacing=\"0\" cellpadding=\"3\" width=\"200\" align=\"center\">\n<tbody>\n<tr>\n<td width=\"432\"><a href=\"http:\/\/www.oha.org\/kwo\/loa\/2009\/08\/images\/art7ax.jpg\" target=\"new\"><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/www.oha.org\/kwo\/loa\/2009\/08\/images\/art7a.jpg\" border=\"0\" alt=\"Story photo\" width=\"432\" height=\"324\" \/><\/a><\/td>\n<\/tr>\n<tr>\n<td>\n<div>\n<p>Since World War II, soldiers, marines, reservists  and members of the National Guard have trained for combat at M\u0101kua. KWO  archive photo.<\/p><\/div>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<h2><span>M\u0101kua range re-opening cause for legal conflict and military outreach <\/span><\/h2>\n<p><em>By Liza Simon \/ Ka Wai Ola Loa<\/em><\/p>\n<p>The U.S. Army is set to resume live-ammunition training in  O&#8217;ahu&#8217;s M\u0101kua Valley under a plan that military officials say scales  back operations and decreases the risk of hazardous impacts. The claim  is being disputed by community opponents who vow to continue their legal  challenge that resulted in a 2001 court ban on combat exercises in the  valley pending a complete environmental examination of the 4,190-acre  Wai&#8217;anae Coast site.<\/p>\n<p>Eight years after the ban was put in place as part of the Army&#8217;s  legal settlement with community group M\u0101lama M\u0101kua, the Army in June  released the court-ordered final environmental impact study. In a  subsequent &#8220;record of decision&#8221; made public on July 24, Army officials  said the EIS provides information that shows the military can  effectively balance training needs with stewardship at M\u0101kua by  following a plan that it says rolls back the scale of an earlier  &#8220;preferred alternative,&#8221; which called for an annual 200 Convoy Live Fire  Exercises (LFX) and 50 Combined Arms Live Fire Exercises (CALFEXES).<\/p>\n<p>&#8220;Rather, the Army has decided on a greatly reduced option to 32  CALFEXs and 150 convoy-live fire exercises per year without the use of  tracer ammunition, anti-aircraft Tube-launched, Optically-tracked,  Wire-guided- or TWO missiles, 2.75-caliber rockets, or illumination  munitions of any kind,&#8221; said Loran Doane of the Army Garrison Media  Relations in an email response to Ka Wai Ola Loa. &#8220;The elimination of  these weapons systems greatly reduces the risk of range fires and  environmental threats to endangered species and cultural sites, yet  allows small units to train locally without the costly burden of  additional deployments to P\u014dhakuloa (Hawai&#8217;i Island) or elsewhere,&#8221;  Doane added.<\/p>\n<table border=\"0\" cellspacing=\"0\" cellpadding=\"3\" width=\"200\" align=\"center\">\n<tbody>\n<tr>\n<td width=\"432\"><a href=\"http:\/\/www.oha.org\/kwo\/loa\/2009\/08\/images\/art7bx.jpg\" target=\"new\"><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/www.oha.org\/kwo\/loa\/2009\/08\/images\/art7b.jpg\" border=\"0\" alt=\"Story photo\" width=\"432\" height=\"324\" \/><\/a><\/td>\n<\/tr>\n<tr>\n<td>\n<div>\n<p>At M\u0101kua, a series of brushfires  started by munitions explosions has spurred legal action to stop the  Army from training in the valley. KWO archive photo<\/p><\/div>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>Doane also stressed that the Army followed guidelines of the  National Environmental Policy Act (NEPA) in involving the local  community in finalizing the M\u0101kua Environment Impact Statement, or EIS.  He said Native Hawaiians and their organizations participated in eight  public meetings and gave oral and written comments, which were  incorporated into the EIS. &#8220;(This) allowed for a full and fair  discussion of significant environmental impacts. By providing means for  open communication between the Army and the public, the procedural  aspects of NEPA promote better decision-making,&#8221; Doane wrote.<\/p>\n<p>But Wai&#8217;anae Harbor Master William Ail\u0101 Jr., a member of Hui  M\u0101lama O M\u0101kua \u2013 an organization for cultural stewardship of M\u0101kua  Valley (and a supporter of M\u0101lama M\u0101kua, the group that filed the M\u0101kua  lawsuit) \u2013 said the EIS and decision to restart live-fire operations at  the M\u0101kua Military Reservation are flawed. &#8220;Based on my observations,  the (soldiers) overshoot mortars beyond target areas. (Mistakes) are the  nature of training exercises, but these adjacent areas have not been  surveyed for either cultural sites or endangered species, so the EIS has  no directions for mitigating those occurrences or any associated  damage,&#8221; said Ail\u0101.<\/p>\n<p>As one of four Army training areas in Hawai&#8217;i, the military says  M\u0101kua offers unique topographical features and a perfect size that is  strategically important for coordinated maneuvers of all military  branches in Hawai&#8217;i.<\/p>\n<p>Ail\u0101 argues that the fact that military has functioned  efficiently for the last several years without M\u0101kua is the &#8220;best  indicator&#8221; that the M\u0101kua Military Reservation is not so strategic. Ail\u0101  said the military should fulfill a promise it made to withdraw from the  valley. The military facility is comprised of ceded lands classified by  the state as a conservation district, and was set aside in World War II  by the then-territorial government for military training purposes until  2025.<\/p>\n<table border=\"0\" cellspacing=\"0\" cellpadding=\"3\" width=\"200\" align=\"center\">\n<tbody>\n<tr>\n<td width=\"432\"><a href=\"http:\/\/www.oha.org\/kwo\/loa\/2009\/08\/images\/art7cx.jpg\" target=\"new\"><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/www.oha.org\/kwo\/loa\/2009\/08\/images\/art7c.jpg\" border=\"0\" alt=\"Story photo\" width=\"432\" height=\"288\" \/><\/a><\/td>\n<\/tr>\n<tr>\n<td>\n<div>\n<p>Once a thriving agricultural boon for Native  Hawaiians, M\u0101kua Valley is now littered with unexploded munitions. KWO  archives photo<\/p><\/div>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>Terms of the 2001 legal settlement required the Army to cease  firing mortars and artillery in M\u0101kua until completing surveys of more  than 50 endangered plant and animal species and 100 archeological sites  in the valley. A history of accidental wildfires sparked by the combat  training was one of the main drivers in keeping the court decision in  place. A 2003 brush fire destroyed several thousand acres of valley  vegetation. A fire associated with M\u0101kua Army training in 1994 got out  of control and jumped Farrington Highway, burning down makeshift beach  encampments that were home to several Wai&#8217;anae families.<\/p>\n<p>The final EIS evaluated fire and other hazards of military  training pertaining to four alternative plans, each one varying in  intensity and scope of proposed weaponry uses and number of exercises.  Along with an assessment of impacts, each alternative was appraised for  the capacity to provide the most realistic training and preparation for  the types of threats that soldiers in Hawai&#8217;i would expect to encounter  in combat situations in Afghanistan and Iraq. Three of the four  alternatives describe different training levels based in M\u0101kua; the  fourth is situated in P\u014dhakuloa Training Area on Hawai&#8217;i Island. The EIS  also analyzes the cost and logistics of mitigating impacts of training  that violate state and federal laws protecting endangered species,  archeological sites and human health.<\/p>\n<p>But the EIS information does not satisfy Earthjustice attorney  David Henkin, who has represented M\u0101lama M\u0101kua in the nine-year-old  lawsuit against the Army at M\u0101kua. &#8220;The U.S. Fish and Wildlife Service  has been allowed access to the training area and has concluded that  there will be destruction to the native forest (with the resumption of  training), but it is their kuleana to make sure there is no extinction  and they have concluded they have proper measures to achieve this, but  this is not the same thing as avoiding damage to irreplaceable cultural  and environmental treasures, which is too high a price to pay for  military training at M\u0101kua,&#8221; said Henkin, who also disputes that the  Army&#8217;s newly announced plan for M\u0101kua marks a decrease in training. &#8220;The  proposal is to use the same company level of training that existed when  litigation started up in 1998.&#8221; Henkin said the Army played a &#8220;common  trick&#8221; on the public by first selecting an alternative using weapons  systems banned for decades. &#8220;Then they ratcheted back from the  horrendous to the awful and expected the public to see this as  responsive.&#8221;<\/p>\n<p>Henkin called the Army&#8217;s &#8220;record of decision&#8221; a violation of the  2001 legal settlement and said he will represent M\u0101lama M\u0101kua in  federal district court as early as this month in asking Judge Susan Oki  Mollway to set aside the EIS and continue the injunction against  live-fire training in the valley on O&#8217;ahu&#8217;s Leeward Coast. He says that  the Army did not give serious consideration to alternative plan four,  which would have moved the training maneuvers to the roomier and more  remote P\u014dhakuloa Training Area. Army claims that this would incur cost  and impose the hardship of extended separation on military families are  exaggerated, Henkin said.<\/p>\n<p>The Army said it would not comment on the proposed litigation.  Army spokesperson Doane said that the lead expert in mitigation measures  at M\u0101kua could not be reached for comment in time for Ka Wai Ola Loa  publication. The final M\u0101kua EIS summarizes regulatory and  administrative steps for mitigating risks associated with the live-fire  activities; this includes the conservation recommendations of the U.S.  Fish and Wildlife Service, which has authority to enforce regulations  under the Endangered Species Act. In addition, Army officials have said  they have plans to spend $6 million in M\u0101kua on cultural and  environmental site management.<\/p>\n<p>The fact is that the Army is dedicating resources to staying at  M\u0101kua stems from fear of giving up property in Hawai&#8217;i, according to  Ail\u0101. &#8220;That was their foregone conclusion going into the EIS and that  has swayed the results,&#8221; said Ail\u0101, who traces his Native Hawaiian roots  back several generations in the valley.<\/p>\n<table border=\"0\" cellspacing=\"0\" cellpadding=\"3\" width=\"200\" align=\"center\">\n<tbody>\n<tr>\n<td width=\"432\"><a href=\"http:\/\/www.oha.org\/kwo\/loa\/2009\/08\/images\/art7dx.jpg\" target=\"new\"><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/www.oha.org\/kwo\/loa\/2009\/08\/images\/art7d.jpg\" border=\"0\" alt=\"Story photo\" width=\"324\" height=\"432\" \/><\/a><\/td>\n<\/tr>\n<tr>\n<td>\n<div>\n<p>A live fire training area since World War II, M\u0101kua  is the preferred site for simulated combat maneuvers before deployment  to the Middle East. KWO archive photo<\/p><\/div>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>&#8220;It has concerned me that the largest pieces of land were taken  from and\/or are near the largest population centers of Native  Hawaiians,&#8221; said Ail\u0101, referring to the demographic makeup of O&#8217;ahu&#8217;s  Leeward Coast. &#8220;The ongoing conflict over M\u0101kua is an environmental  justice issue,&#8221; Ail\u0101 added.<\/p>\n<p>Ail\u0101 said he agrees with a conclusion shared by the Earthjustice  attorney Henkin that the EIS does not contain adequate information on  below-ground testing for archeological sites and did not finish a marine  resources study to meet the community&#8217;s satisfaction. Ail\u0101 said the  question of whether the military activities are resulting in harm to  limu and fish from watershed runoff from M\u0101kua Valley was never  determined, because the EIS investigators &#8220;gathered the wrong species of  limu from near beaches.&#8221; In addition, he said the EIS study identified  arsenic and an estimated 40 other contaminants in fish from the Wai&#8217;anae  Coast but did not determine if the elements were from a natural source  or associated with the live-fire exercises.<\/p>\n<p>Meanwhile, N\u0101n\u0101kuli resident Bill Punini Prescott, a retired  sergeant first class, said the legal challenge and opposition to M\u0101kua  military presence does not have widespread support from Native  Hawaiians, including himself. &#8220;My main concern is that our soldiers are  adequately trained so that they are not in harm&#8217;s way when they are  fighting for our country,&#8221; said Prescott.  &#8220;My neighbor just spent one  year away from his family in Iraq. Now he is being sent to Fort Hood for  training, when he could have gone right down the road to M\u0101kua,&#8221; said  Prescott.<\/p>\n<p>Prescott said he is also has concerns about the taxpayers money  that Congress is giving to rebuild and make accessible M\u0101kua cultural or  environment sites. Heiau, stone terraces and water springs are found  elsewhere on the Leeward coast, he said.  &#8220;Practitioners are giving many  different opinions on what is sacred. It does not sound like M\u0101kua is  the only place that they can observe their traditions,&#8221; he said.<\/p>\n<p>Prescott said he believes a majority of Native Hawaiians are  more concerned about loved ones who have gone on active duty deployment  in the Middle East wars than with the task of making M\u0101kua safe for  public use again. &#8220;The cost is prohibitive. During World War II, the  valley was the central training area for troops landing on (O&#8217;ahu&#8217;s)  beaches. In support of these operations, there were preparatory landings  from ships, and bombing by air and land artillery. As a consequence,  there are unexploded munitions not only in the valley but on the  mountain sides, as evidenced after heavy rains.  Additional live firings  during the Korean and Vietnam wars also added more unexploded weaponry,  thereby adding to the cost for clean-up,&#8221; he said.<\/p>\n<p>The 2001 court settlement has allowed for 26 non low intensity  training events in five years on the condition that the Army would  continue to work on the EIS, but last December&#8217;s heavy rains wrecked  valley roads that function as legally required firebreaks. No training  has taken place since then. This prompts Earthjustice attorney Henkin to  suggest that the lack of effective fire suppression coupled with  current dry weather conditions raises the risk for brushfires and will  prevent the Army from immediately implementing its &#8220;record of decision.&#8221;<\/p>\n<p>But Army spokesperson Doane said road repairs will move along  quickly with a recent infusion of $6 million in federal aid. While  acknowledging that firebreak road repairs must be done before live fire  training starts up again, Doane said other types of combat-readiness  exercises may begin immediately.<\/p>\n<p>The resumption of flying bullets and exploding ordnance at M\u0101kua  coincides with a major Army outreach campaign to Native Hawaiians. The  Army has briefed the Council on Native Hawaiian Advancement and Alu Like  Inc. on the military in local economic development and employment  issues, said Doane.<\/p>\n<p>Earlier this year, Army Col. Matthew Margotta hired Annelle  Amaral as the Army&#8217;s new Native Hawaiian liaison. Amaral, who said she  has served as a mediator at oft-times contentious public meetings on the  military&#8217;s plan for the Stryker Brigade in Hawai&#8217;i, said that Margotta  epitomizes a new generation of military leaders who value cultural  sensitivity. &#8220;He has said many times that &#8216;this is not your father&#8217;s  Army,'&#8221; said Amaral, a former member of the Honolulu Police Department  and a former elected official. She added that the new command this year  has poured $1 million into ensuring that M\u0101kua valley&#8217;s Hawaiian  cultural sites are accessible<\/p>\n<p>At the Army&#8217;s request, Amaral last month organized a helicopter  tour of the M\u0101kua range for Hawaiian leaders. &#8220;The idea was to invite  those with large constituencies so they can inform others about the work  that has been going on in the valley,&#8221; said Amaral, adding that the  invitees asked many probing questions. &#8220;I was proud that they took this  tack.&#8221;<\/p>\n<p>Those who made the trip included Hawaiian business executive Chris Dawson and Hawaiian Civic Club leader Leimomi Khan.<\/p>\n<p>M\u0101kua Military Reservation critic William Ail\u0101 was not invited  on the tour and neither were any other members of Hui M\u0101lama O M\u0101kua or  M\u0101lama M\u0101kua. &#8220;I am disappointed that the people in the trenches working  on the restoration of the valley were not there to give some historical  context,&#8221; said Ail\u0101. &#8220;As cultural practitioners, our access to the  valley has been limited to about 20 percent of what it used to be,&#8221; he  added, explaining that a new Pentagon policy prevents people from going  anywhere in the valley where ground has been checked to a depth of 12  inches for unexploded ordnance. &#8220;They say it is about liability, but I  am willing to sign a waiver. There&#8217;s an ongoing problem of access and  just another reason to look forward to the promised return of M\u0101kua to  the community.&#8221;<\/p>\n<p>The training site that is bordered by the ridge of the Wai&#8217;anae  Coast mountains and continuous white sand beaches was once renowned as  Hawai&#8217;i&#8217;s breadbasket, Ail\u0101 said, adding that &#8220;more than 100 years ago,  M\u0101kua had a reputation on the U.S. continent for supplying the sweetest  melons, abundant sweet potatoes and mountain apple.&#8221;<\/p>\n<p>Kahu Kaleo Patterson, who took the Chinook helicopter ride into  the valley last month, said the Army guides had &#8220;a lot of good things to  say about wanting to reach out the community.  &#8220;I would say it&#8217;s  important to take the military up on its offer and reach back. Request  the education (about their environmental work) they say they want to  offer. Go see for yourself and don&#8217;t just jump on one side, based on  what you hear second-hand.&#8221;<\/p>\n<p>Patterson said that at the end of the tour he found himself  standing next to Col. Margotta at on a high ridge overlooking the  expansive ocean bay. &#8220;I told him that so many of our island families  have buried loved ones or scattered their ashes out there. We&#8217;ve honored  our loved ones by floating leis on the waves out there,&#8221; he said. &#8220;This  is a reminder that this valley is not just filled with cultural  resources and endangered species. It is very sacred and activity that  takes place here should take this into consideration. If this place is  eventually restored as an ahupua&#8217;a, it could have importance to all the  world.&#8221;<\/p>\n<p>&#8220;It&#8217;s too bad there is no section in that EIS that talks about spiritual impacts,&#8221; Patterson said.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>http:\/\/www.oha.org\/kwo\/loa\/2009\/08\/story07.php N\u016aHOU \/ NEWS Since World War II, soldiers, marines, reservists and members of the National Guard have trained for combat at M\u0101kua. KWO archive photo. M\u0101kua range re-opening cause for legal conflict and military outreach By Liza Simon \/ Ka Wai Ola Loa The U.S. Army is set to resume live-ammunition training in O&#8217;ahu&#8217;s &hellip; <\/p>\n<p class=\"link-more\"><a href=\"https:\/\/www.dmzhawaii.org\/?p=7574\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;M\u0101kua range re-opening cause for legal conflict and military outreach&#8221;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[3],"tags":[48],"class_list":["post-7574","post","type-post","status-publish","format-standard","hentry","category-oahu","tag-makua"],"_links":{"self":[{"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/7574"}],"collection":[{"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7574"}],"version-history":[{"count":3,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/7574\/revisions"}],"predecessor-version":[{"id":7577,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/7574\/revisions\/7577"}],"wp:attachment":[{"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7574"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7574"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7574"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}