I 

117TH CONGRESS 

2D SESSION H. R. 7130 

To direct the Secretary of Defense to convey the Ma ̄kua Military Reservation 

to the State of Hawai‘i and establish a trust fund for such conveyance, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2022 

Mr. KAHELE introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To direct the Secretary of Defense to convey the Ma ̄kua 

Military Reservation to the State of Hawai‘i and establish a trust fund for such conveyance, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This bill may be cited as the ‘‘Leandra Wai Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 


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1 (1) Leandra Wai was a co-founder of the Na2 tive Hawaiian-led non-profit Ma ̄lama Ma ̄kua, served 

3 as its president, and grounded the organization as 

4 its cultural practitioner until her passing in 2016. 

5 She embodied the cultural healing power of Ma ̄kua 

6 Valley, and was the heart, soul, and spirit of 

7 Ma ̄lama Ma ̄kua as the organization fought in Fed8 eral court to stop live-fire training in the sacred val9 ley. Twice per month, from 2002 until shortly before 

10 her passing, Wai led cultural access into Ma ̄kua Val11 ley, facilitating the cultural reconnection of thou12 sands of community members with Ma ̄kua. Her lead13 ership still guides Ma ̄lama Ma ̄kua. 

14 (2) Ma ̄kua, which means ‘‘parents’’ in Hawai15 ian, is a sacred site, rich in culture and biological re16 sources. 

17 (3) Ma ̄kua Military Reservation (in this section 

18 referred to as ‘‘MMR’’) contains more than 100 

19 sites eligible for listing on the National Register of 

20 Historic Places, including Hawaiian temples, 

21 shrines, petroglyphs, and other sacred, cultural, and 

22 historic sites. Past military live-fire training has 

23 damaged Ma ̄kua’s cultural sites, bombing them and 

24 pockmarking them with bullet holes. Moreover, conVerDate Sep 11 2014 17:01 Mar 29, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7130.IH H7130

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1 tinued military occupation of MMR severely limits 

2 access by Native Hawaiian cultural practitioners. 

3 (4) In Native Hawaiian stories and legends, or 

4 ‘‘mo‘olelo’’, Ma ̄kua is an important place within a 

5 much more expansive traditional cultural landscape 

6 and network of interrelated sites. It has heightened 

7 cultural significance because of its relationship to 

8 other sites. 

9 (5) Military training-related fires at MMR 

10 threaten more than 40 species of animals and plants 

11 protected under the Endangered Species Act (Public 

12 Law 93–205; 16 U.S.C. 1531 et seq.), as well as na13 tive habitat identified as critical to the survival and 

14 recovery of these imperiled species. Additionally, 

15 training-related fires have burned thousands of acres 

16 at MMR. 

17 (6) Historically, Ma ̄kua was considered ‘‘ ‘a ̄ina 

18 momona’’, or fertile land, with evidence of extensive 

19 agricultural terracing that could have produced sub20 stantial amounts of food and provided access to im21 portant offshore fisheries. 

22 (7) Traditional and customary practices, such 

23 as fishing, gathering of plants, and funerary prac24 tices, have continued at Ma ̄kua in different forms to 

25 the present. 


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1 (8) Toxins from military training and related 

2 activities at MMR, such as prescribed burns, con3 taminate Ma ̄kua’s air, land, and water. Contami4 nants are transported to civilian areas beyond 

5 MMR’s boundaries—to Ma ̄kua Beach and the 

6 ocean—via the air, Ma ̄kua’s streams, overland flow 

7 during storm events, and groundwater. 

8 (9) The Armed Forces seized Ma ̄kua for train9 ing shortly after the attack on Pearl Harbor, evict10 ing the families who had lived there for generations, 

11 bombing their church, and destroying their homes. 

12 The Armed Forces promised to return the land to 

13 the local families six months after the end of hos14 tilities but broke that promise. Nearly eight decades 

15 after World War II ended, the Armed Forces still 

16 occupy MMR. 

17 (10) In addition to seizing Hawaiian trust 

18 lands, the Armed Forces condemned kuleana land 

19 grants from Native Hawaiian families. 

20 (11) MMR lies just across Farrington Highway, 

21 a public roadway, from Ma ̄kua Beach, a public 

22 beach where local children play, and local families 

23 gather fish and limu to put food on their tables. 

24 (12) The Armed Forces have not conducted live 

25 fire training at MMR since June 2004. For more 


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1 than 23 years, Hawai‘i-based military units have 

2 consistently and repeatedly been able to achieve 

3 readiness to deploy for combat missions without con4 ducting any live-fire training at MMR. 

5 (13) The Wai‘anae district is home to one of 

6 the largest concentrations of Native Hawaiians any7 where, yet approximately one-third of Wai‘anae’s 

8 land is occupied by the Armed Forces. The commu9 nity has been burdened with multiple threats to 

10 health, safety, and the environment, which is re11 flected in poor health and socioeconomic indicators. 

12 (14) Ma ̄kua is an important site for the revital13 ization of Native Hawaiian cultural practices and a 

14 valuable educational resource for Hawaiian culture, 

15 history, ecology, and environmental restoration. 

16 SEC. 3. STUDY OF THE COST TO MAKE THE MA ̄ KUA MILI17 TARY RESERVATION SUITABLE FOR HUMAN 

18 HABITATION. 

19 (a) STUDY REQUIRED.—The Secretary of Defense 

20 shall, in collaboration with the State of Hawai‘i, conduct 

21 a study to— 

22 (1) map out land hazards including— 

23 (A) unexploded ordnance; and 

24 (B) other contaminants; 


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1 (2) determine an appropriate schedule, con2 sistent with community standards, for the removal 

3 of such land hazards; and 

4 (3) provide a cost estimate for the land remedi5 ation and restoration activities required to make the 

6 Ma ̄kua Military Reservation suitable for agriculture, 

7 residential use, and human habitation. 

8 (b) REPORT REQUIRED.—Not later than one year fol9 lowing the date of the enactment of this Act, the Sec10 retary, in collaboration with the State of Hawai‘i, shall 

11 submit a report to the appropriate congressional commit12 tees that contains the results of such study. 

13 SEC. 4. CONVEYANCE OF THE MA ̄ KUA MILITARY RESERVA14 TION TO THE STATE OF HAWAI‘I. 

15 (a) CONVEYANCE.—The United States, through the 

16 Secretary of Defense, shall convey and return, without 

17 consideration, to the State of Hawai‘i, all right, title, and 

18 interest of the United States in and to that parcel of prop19 erty known as the Ma ̄kua Military Reservation located in 

20 Oahu, Hawai‘i. 

21 (b) DEADLINE.—Notwithstanding section 

22 120(h)(3)(A)(ii)(I) of the Comprehensive Environmental 

23 Response, Compensation, and Liability Act of 1980 (42 

24 U.S.C. 9620(h)(3)(A)(ii)(I)), the Secretary shall carry out 

25 the conveyance under subsection (a) of this section not 


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1 later than 180 days after the date of the enactment of 

2 this Act. 

3 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

4 and legal description of the parcel of property to be con5 veyed under this Act shall be determined by a survey that 

6 is satisfactory to the State of Hawai‘i after consultation 

7 with the Secretary. 

8 (d) REPORT ON CONVEYANCE.—Not later than 180 

9 days after the conveyance under this Act, and annually 

10 thereafter, the Secretary shall submit to the appropriate 

11 congressional committees a report on the compliance with 

12 the provisions of this Act. 

13 SEC. 5. MA ̄ KUA MILITARY RESERVATION CONVEYANCE, RE14 MEDIATION, AND ENVIRONMENTAL RES15 TORATION TRUST FUND. 

16 (a) ESTABLISHMENT OF TRUST FUND.—There is es17 tablished in the Treasury of the United States a trust fund 

18 that shall be known as the ‘‘Ma ̄kua Military Reservation 

19 Conveyance, Remediation, and Environmental Restoration 

20 Trust Fund’’ (in this section referred to as the ‘‘Fund’’), 

21 consisting of such sums as may be appropriated or cred22 ited to the Fund as provided in this section. 

23 (b) TRANSFER TO THE FUND.— 


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1 (1) APPROPRIATIONS.—There are authorized to 

2 be appropriated to the Fund such sums as may be 

3 necessary— 

4 (A) to make the Ma ̄kua Military Reserva5 tion suitable for agriculture, residential use, 

6 and human habitation, including any remedial 

7 actions under the Comprehensive Environ8 mental Response, Compensation, and Liability 

9 Act of 1980 (42 U.S.C. 9620 et seq.); and 

10 (B) to carry out this Act. 

11 (2) INVESTMENT YIELD.—There shall be depos12 ited into the Fund any returns yielded from the in13 vestment of the sums appropriated to the Fund 

14 under paragraph (1) of this subsection. 

15 (c) EXPENDITURES FROM THE FUND.—Amounts in 

16 the Fund shall be made available pursuant to the terms 

17 of the Memorandum of Understanding under subsection 

18 (d). 

19 (d) MEMORANDUM OF UNDERSTANDING.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this Act, the Sec22 retary of the Army, acting through the Chief of En23 gineers, shall enter into a Memorandum of Under24 standing with the State of Hawai‘i that shall gov25 ern— 


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1 (A) the study required under section 3(a); 

2 (B) the conveyance required under section 

3 4(a); 

4 (C) the timing, planning, methodology, and 

5 implementation for the removal of— 

6 (i) unexploded ordnance; and 

7 (ii) other contaminants; and 

8 (D) the use of the sums appropriated to 

9 the Fund under subsection (b)(1). 

10 (2) CONSULTATION.—In carrying out para11 graph (1), with respect to the terms and conditions 

12 included in the Memorandum of Understanding pur13 suant to paragraph (1)(C), the Secretary of the 

14 Army shall consult with Native Hawaiian organiza15 tions. 

16 (3) ACCESS TO SITE.—Nothing in the Memo17 randum of Understanding may restrict access to the 

18 Ma ̄kua Military Reservation pursuant to paragraph 

19 13 of the settlement agreement and stipulated order 

20 of the United States District Court for the District 

21 of Hawai‘i executed on October 4, 2001 (Civil No. 

22 00–00813 SOM–LEK). 

23 SEC. 6. DEFINITIONS. 

24 In this Act: 


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1 (1) The term ‘‘appropriate congressional com2 mittees’’ means the Committees on Armed Services 

3 of the Senate and House of Representatives. 

4 (2) The term ‘‘Native Hawaiian organization’’ 

5 has the meaning given such term— 

6 (A) in section 6207 of the Native Hawai7 ian Education Act (20 U.S.C. 7517); or 

8 (B) in section 300314 of title 54, United 

9 States Code. 

10 (3) The term ‘‘other contaminants’’ includes— 

11 (A) improved conventional munitions; 

12 (B) munitions waste; 

13 (C) medical waste; and 

14 (D) other hazardous materials introduced 

15 to the Ma ̄kua Military Reservation by the Sec16 retary of Defense. 

Æ 


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