Leandra Wai Act

To direct the Secretary of Defense to convey the Mākua Military Reservation to the State of Hawai‘i and establish a trust fund for such conveyance, and for other purposes. 1. Short title This bill may be cited as the Leandra Wai Act 2. Findings Congress finds the following: (1) Leandra Wai was a co-founder of the Native Hawaiian-led non-profit Mālama Mākua, served as its president, and grounded the organization as its cultural practitioner until her passing in 2016. She embodied the cultural healing power of Mākua Valley, and was the heart, soul, and spirit of Mālama Mākua as the organization fought in Federal court to stop live-fire training in the sacred valley. Twice per month, from 2002 until shortly before her passing, Wai led cultural access into Mākua Valley, facilitating the cultural reconnection of thousands of community members with Mākua. Her leadership still guides Mālama Mākua. (2) Mākua, which means parents (3) Mākua Military Reservation (in this section referred to as MMR (4) In Native Hawaiian stories and legends, or mo‘olelo (5) Military training-related fires at MMR threaten more than 40 species of animals and plants protected under the Endangered Species Act ( Public Law 93–205 16 U.S.C. 1531 et seq. (6) Historically, Mākua was considered ‘āina momona (7) Traditional and customary practices, such as fishing, gathering of plants, and funerary practices, have continued at Mākua in different forms to the present. (8) Toxins from military training and related activities at MMR, such as prescribed burns, contaminate Mākua’s air, land, and water. Contaminants are transported to civilian areas beyond MMR’s boundaries—to Mākua Beach and the ocean—via the air, Mākua’s streams, overland flow during storm events, and groundwater. (9) The Armed Forces seized Mākua for training shortly after the attack on Pearl Harbor, evicting the families who had lived there for generations, bombing their church, and destroying their homes. The Armed Forces promised to return the land to the local families six months after the end of hostilities but broke that promise. Nearly eight decades after World War II ended, the Armed Forces still occupy MMR. (10) In addition to seizing Hawaiian trust lands, the Armed Forces condemned kuleana land grants from Native Hawaiian families. (11) MMR lies just across Farrington Highway, a public roadway, from Mākua Beach, a public beach where local children play, and local families gather fish and limu to put food on their tables. (12) The Armed Forces have not conducted live fire training at MMR since June 2004. For more than 23 years, Hawai‘i-based military units have consistently and repeatedly been able to achieve readiness to deploy for combat missions without conducting any live-fire training at MMR. (13) The Wai‘anae district is home to one of the largest concentrations of Native Hawaiians anywhere, yet approximately one-third of Wai‘anae’s land is occupied by the Armed Forces. The community has been burdened with multiple threats to health, safety, and the environment, which is reflected in poor health and socioeconomic indicators. (14) Mākua is an important site for the revitalization of Native Hawaiian cultural practices and a valuable educational resource for Hawaiian culture, history, ecology, and environmental restoration. 3. Study of the cost to make the Mākua Military Reservation suitable for human habitation (a) Study required The Secretary of Defense shall, in collaboration with the State of Hawai‘i, conduct a study to— (1) map out land hazards including— (A) unexploded ordnance; and (B) other contaminants; (2) determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and (3) provide a cost estimate for the land remediation and restoration activities required to make the Mākua Military Reservation suitable for agriculture, residential use, and human habitation. (b) Report required Not later than one year following the date of the enactment of this Act, the Secretary, in collaboration with the State of Hawai‘i, shall submit a report to the appropriate congressional committees that contains the results of such study. 4. Conveyance of the Mākua Military Reservation to the State of Hawai‘i (a) Conveyance The United States, through the Secretary of Defense, shall convey and return, without consideration, to the State of Hawai‘i, all right, title, and interest of the United States in and to that parcel of property known as the Mākua Military Reservation located in Oahu, Hawai‘i. (b) Deadline Notwithstanding section 120(h)(3)(A)(ii)(I) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3)(A)(ii)(I) (c) Description of property The exact acreage and legal description of the parcel of property to be conveyed under this Act shall be determined by a survey that is satisfactory to the State of Hawai‘i after consultation with the Secretary. (d) Report on conveyance Not later than 180 days after the conveyance under this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the compliance with the provisions of this Act. 5. Mākua Military Reservation conveyance, remediation, and environmental restoration trust fund (a) Establishment of trust fund There is established in the Treasury of the United States a trust fund that shall be known as the Mākua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund Fund (b) Transfer to the Fund (1) Appropriations There are authorized to be appropriated to the Fund such sums as may be necessary— (A) to make the Mākua Military Reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620 et seq. (B) to carry out this Act. (2) Investment yield There shall be deposited into the Fund any returns yielded from the investment of the sums appropriated to the Fund under paragraph (1) of this subsection. (c) Expenditures from the Fund Amounts in the Fund shall be made available pursuant to the terms of the Memorandum of Understanding under subsection (d). (d) Memorandum of Understanding (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall enter into a Memorandum of Understanding with the State of Hawai‘i that shall govern— (A) the study required under section 3(a); (B) the conveyance required under section 4(a); (C) the timing, planning, methodology, and implementation for the removal of— (i) unexploded ordnance; and (ii) other contaminants; and (D) the use of the sums appropriated to the Fund under subsection (b)(1). (2) Consultation In carrying out paragraph (1), with respect to the terms and conditions included in the Memorandum of Understanding pursuant to paragraph (1)(C), the Secretary of the Army shall consult with Native Hawaiian organizations. (3) Access to site Nothing in the Memorandum of Understanding may restrict access to the Mākua Military Reservation pursuant to paragraph 13 of the settlement agreement and stipulated order of the United States District Court for the District of Hawai‘i executed on October 4, 2001 (Civil No. 00–00813 SOM–LEK). 6. Definitions In this Act: (1) The term appropriate congressional committees (2) The term Native Hawaiian organization (A) in section 6207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 (B) in section 300314 of title 54, United States Code. (3) The term other contaminants (A) improved conventional munitions; (B) munitions waste; (C) medical waste; and (D) other hazardous materials introduced to the Mākua Military Reservation by the Secretary of Defense.

Summary: Leandra Wai Act This bill provides for the conveyance and return by the Department of Defense (DOD), to the state of Hawaii, without consideration, all interest of the United States in the parcel of property known as the Makua Military Reservation located in Oahu, Hawaii. DOD shall, in collaboration with the state, conduct a study to map out land hazards, including unexploded ordnance and other contaminants; determine an appropriate schedule, consistent with community standards, for the removal of such land hazards; and provide a cost estimate for the land remediation and restoration activities required to make the reservation suitable for agriculture, residential use, and human habitation. There is established a Makua Military Reservation Conveyance, Remediation, and Environmental Restoration Trust Fund to (1) make the reservation suitable for agriculture, residential use, and human habitation, including any remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; and (2) carry out this bill. The U.S. Army Corps of Engineers shall enter into a memorandum of understanding with the state that shall govern the study; the conveyance; the timing, planning, methodology, and implementation for the removal of unexploded ordnance; and the use of the sums appropriated to the fund.