36 community organizations and three community leaders submitted a letter yesterday afternoon to each member of the Hawai'i State Legislature, urging that they vote no on HB499 HD2 SD2 CD1 during their final floor vote on the bill on Tuesday, April 27.

The letter voiced the group's concerns regarding the 40-year lease extensions that would be authorized by the bill, including the potential for inappropriate or outdated industrial, commercial, resort, and government/military uses of public trust lands to be continued for another four decades, and for a tidal wave of century-long leases that would all but privatize public lands and foreclose unrelinquished Native Hawaiian claims to stolen "ceded" lands.    

The letter also provided examples of the Department of Land and Natural Resources' poor decisionmaking in its administration of public and "ceded" lands, which only heighten concerns regarding the additional authority and discretion the bill would provide the Department. 

​Finally, the overwhelming opposition to the bill throughout the legislative process was raised as another indication that this bill is not an appropriate step for the legislature to take at this time.

Read the letter here.

2.  It invites sweetheart deals for corporate and military interests that have already enjoyed exclusive use of public and "ceded" (aka stolen Hawaiian lands) for multiple generations -- over half a century -- by giving them another four decades of exclusive use of these lands.  Meanwhile, the public and the Native Hawaiian community will not have had any ability to reassess and ensure the best uses of these lands for up to 105 years, or longer.

3.  It will lead to the loss of public and "ceded" lands.  Multigenerational long-term leases make lessees feel so entitled that they invariably seek to repeatedly extend their leases, and even obtain the fee interest in lands they feel like should be theirs to own.  This bill makes every industrial, commercial, resort, and government/military lease of public and "ceded" lands (other than University of Hawai'i leases) eligible for a 40 year extension -- which will create tremendous political pressure to just continue extending these leases or even selling off our limited public and "ceded" land base.   

4.  It will perpetuate the historic injustice inflicted upon the Native Hawaiian people, who continue to struggle with the far-ranging intergenerational impacts of the theft of their lands and government.   The state and federal governments have acknowledged these historic and ongoing harms and have pledged to seek reconciliation with the Native Hawaiian people -- yet this bill would all but sell off the "ceded" lands stolen from the Hawaiian Kingdom, extinguishing Native Hawaiians' claims and the ability of the future lāhui to negotiate for a land base. 

5.  It is systemic racism in bill form. Non-Hawaiian lessees were originally able to obtain their public and "ceded" land leases because of the socioeconomic advantages they had over Hawaiians (and other ethnic groups) dealing with the challenges of an anti-Hawaiian, white-dominated oligarchy.  HB499 would allow these lessees to continue profiting off of lands that were stolen from the Hawaiian people for another four decades, notwithstanding the concerns and overwhelming opposition of Native Hawaiians and Native Hawaiian serving organizations, and the broken promises of reconciliation it would leave behind.  


And there are many more.  Legislators cannot ignore these reasons and cannot ignore the voices of their constituents forever.  We can stop this bad bill -- but only if we continue to call and e-mail our elected officials and spread the word to others.  Please take a moment to e-mail the legislators (feel free to use these talking points) and share this post far and wide!

E-mail these legislators and ask that they KILL HB499 HD2 SD2: 
seninouye@capitol.hawaii.gov; senkeithagaran@capitol.hawaii.gov; senmisalucha@capitol.hawaii.gov; senfevella@capitol.hawaiigov; senkouchi@capitol.hawaii.gov; reptarnas@capitol.hawaii.gov; repjohanson@capitol.hawaii.gov; repcullen@capitol.hawaii.ogv; repmcdermott@capitol.hawaii.gov; repsaiki@capitol.hawaii.gov

*PLEASE SHARE!*  YOUR KŌKUA NEEDED BY 10 A.M. TOMORROW, TUESDAY, APRIL 13. 
​
Please see the April 12 Action Alert from the Kupuʻāina Coalition and with easy-to-use links from Ka Lāhui here: APRIL 12 ACTION ALERT.

Quick Summary:
1.  E-mail all Senators to STOP HB499 (105+ year leases of "ceded" a.k.a. stolen Hawaiian crown and government lands to corporations and the military) and HB902 (99+ year leases of the same, for un-"affordable" housing)
2.   E-mail all House Representatives to STOP SB2 (same as HB902)
3. Call your Senator and Representative to ask that they stop these bills until the concerns of all stakeholders and the claims of Native Hawaiians can be properly addressed! 
4. *PLEASE SHARE!*  this Action Alert!

January 17.  A mob of armed white men stormed the grounds of the seat of government, seeking to overthrow the country they had sworn allegiance too.  A police officer, who had discovered their plot, was shot and killed.  A corrupt U.S. official, in league with the Insurrectionists, called in the U.S. Navy -- not to stop the madness, but to prevent the citizenry, and their beloved Queen, from resisting.    

"To prevent the shedding of the blood of my people, natives and foreigners alike," the Queen wrote, "I opposed armed interference, and quietly yielded to the armed forces brought against my throne."

The Insurrectionists celebrated the success of this original Grand Theft ʻĀina, one that would plunge the Hawaiian Islands into an oligarchy where Native Hawaiians and non-white immigrants were systematically oppressed and persecuted while land and power were brokered by the ruling corporate class for generations to follow.  

The forceful theft of their lands and governance also uniquely and particularly impacted the Native Hawaiian people, who continue to live with the legacies of this historic injustice.  

But we the people of Hawaiʻi nei, Hawaiians and non-Hawaiians alike, never stopped fighting to restore pono and righteousness to these islands.  And we never will.  ​Ua mau ke ea o ka ʻāina i ka pono.

But just as we have never stopped fighting, those who have benefitted from this Grand Theft ʻĀina continue to try to maintain control of the lands, the ʻāina, that they should never have been entitled to in the first place:

HB499, which would allow these stolen and now "public" lands to be leased by corporations and the U.S. military for 105 years at a time -- setting the foundation for their permanent alienation --  is poised for its final committee hearing on Wednesday, April 7, 2021.  

SB2, which envisions the mass leasing of stolen "public" lands to developers for 99 years at a time, will also be decided upon by its final committee on Wednesday, April 7 as well.

​And HB902, which is a replica of SB2, has already been passed by its last Committee, with only one Senate vote, a closed "Conference Committee" meeting, and a final round of votes by the Senate and House before it becomes law.  

If you live in and love these islands, please take a stand and fight back against these terrible measures.   Click here to TAKE A STAND AGAINST THE LEGACY OF THE ORIGINAL GRAND THEFT ʻĀINA:  ACTIONS NEEDED *NOW*.
​

First, good news - the House Lower and Higher Education Committee amended SB3103, the School Facilities Agency bill, aka the "Desecration for our Keiki" bill, to strip out the proposed agency's environmental and historic preservation exemptions.  Committee Chair Justin Woodson should be commended for hearing and addressing the environmental and cultural concerns around this controversial measure. 

SB3103 SD2, which would create a new "school facilities agency" and give it the power to exempt development projects from historic preservation, environmental, and public spending laws, has been scheduled for a hearing on Tuesday, June 23, at 1 p.m. before Chair Justin Woodson's Lower and Higher Education Committee ("LHE").    See the hearing notice here.

As a recap, this bill would allow development projects to proceed without complying with the procurement code, and without preparing an environmental assessment or impact statement.  The bill would also allow the agency's ​projects to break ground without historic preservation review, without an archaeological inventory survey, without consultation with any island burial council or cultural monitor or anyone at all, and could knowingly plow through Native Hawaiian or other ancestral graves or priceless historic artifacts without consequence. 

More information here:  Shady Deals and Desecration, "For the Keiki".

You can help stop this bad bill right now!  E-mail your testimony to LHETestimony@capitol.hawaii.gov ​or submit your testimony via the bill status page, and call or e-mail the LHE committee members (Do you know these legislators? Do they represent your district? Your voice could be even more critical to stopping this bad bill!).

Sample script:
​
"Dear Chair Woodson, Vice Chair Hashem, and Members of the Lower and Higher Education Committee,

Please stop SB3103 SD2.  While I support addressing our school facility needs, an agency exempt from procurement, environmental, and historic preservation laws will invite far more harm than good.  These laws keep our children safe, uphold the trust of taxpayers, and stop the outright desecration of all ancestral remains, Native Hawaiian or otherwise.  Please do not vote for its passage.

Thank you for your consideration of this request.

Signed,
​(your name)"

HB2035 HD1, a public land giveaway to cattle ranching interests, has been scheduled for a hearing on Wednesday, June 24, at 12:30 p.m. before Chair Kai Kahele's Water and Land Committee ("WTL") and Chair Mike Gabbard's Agriculture and Environment Committee ("AEN").  See the hearing notice here.

As a recap, this bill would give large private cattle ranches even more control over tens of thousands of acres of ecologically and culturally significant public "pasture" lands they currently pay dollars per acre for, and transfer over 100,000 acres of these lands to the Department of Agriculture's non-agricultural park program, where they may be developed without complying with any state or county laws concerning "the development or improvement of land" and the "constructing of buildings thereon."  

More information here: Clear-cutting and "streamlined" development of native forests, public hunting grounds.
 
You can help stop this bad bill right now!  E-mail your testimony to WTLTestimony@capitol.hawaii.gov and AENTestimony@capitol.hawaii.gov or submit your testimony via the bill status page, and call or e-mail the WTL and AEN committee members (Do you know these legislators? Do they represent your district? Your voice could be even more critical to stopping this bad bill!).

Sample script:
​
"Dear Chairs Kahele and Gabbard, Vice Chairs Keith-Agaran and Ruderman, and members of the Senate Water and Land and Agriculture and Environment Committees,
​
I OPPOSE HB2035 HD1 because it will let private ranches ignore the public interest in up to 100,000 acres or more of public lands, by enabling the destruction of natural and cultural resources, the blocking of access to hunting grounds and cultural sites, and the development of agricultural facilities without environmental review or land use legal protections. Nothing is stopping private ranches from continuing to use public lands for their cattle operations, in balance with the many other interests and concerns of hikers, hunters, Native Hawaiian cultural practitioners, conservationists, and others in these lands.  Please HOLD this measure and protect the public trust in our limited public lands.

Thank you,
(your name)"

As the 2020 Hawai‘i Legislature reconvenes over the next two weeks, word has it that HB2035 HD1, one of the “pasture” lands transfer bills, will be on the legislature’s shortlist of measures to pass in the expedited, limited-public-participation process it has planned for the remainder of this year’s session.

This measure will remove the Department of Land and Natural Resources’ oversight over the natural resources, cultural sites, public accessways, and critical habitat contained in and adjacent to the 100,000-plus acres of lands to be transferred to the Department of Agriculture.  The Department of Agriculture, meanwhile, has one staff person to oversee the comprehensive stewardship of these lands, and who has already testified that the Department’s support for this bill is simply because “the industry wants it.”

Exporting cattle does not help food security

It is likely that industry proponents will argue that this bill will promote the local production of beef to meet our islands’ "meat security" needs, particularly in light of the COVID-19 pandemic.  However, it bears repeating that the vast majority of cattle - 80% - raised in Hawai‘i is actually exported to the mainland, because they can command higher prices there.  The price differential is unlikely to change, and there is nothing in these bills that would ensure that beef raised on public land will be sold on the local market.  Exporting cattle does not help meet our local food security needs, and the damage to watersheds and reefs by livestock grazing and agricultural development projects on 100,000-plus acres of public lands removed from DLNR oversight (and exempted from state and county development and construction laws) will only jeopardize our islands’ self-sufficiency.

You can stop this public land giveaway to the overly entitled ranching industry from taking place.  Please spread the word/share this blog and contact Water and Land Committee Chair Kai Kahele and Agriculture and Environment Committee Chair Mike Gabbard, as well as the members of their respective committees (sample script below):

All Committee Members:

WTLTestimony@capitol.hawaii.gov
AENTestimony@capitol.hawaii.gov
​
Individual Members:

Kai Kahele: senkkahele@capitol.hawaii.gov, (808)586-6760
Gilbert Keith-Agaran: senkeithagaran@capitol.hawaii.gov, (808)586-7344
Mike Gabbard: sengabbard@capitol.hawaii.gov, (808)586-6830
Russell Ruderman: senruderman@capitol.hawaii.gov, (808)586-6890
Gil Riviere: senriviere@capitol.hawaii.gov, (808)586-7330
Clarence Nishihara: sennishihara@capitol.hawaii.gov, (808)586-6970
Karl Rhoads: senrhoads@capitol.hawaii.gov, (808)586-6130
Kurt Fevella: senfevella@capitol.hawaii.gov, (808)586-6360
Laura Thielen: senthielen@capitol.hawaii.gov (808)587-8388

Sample scripts for testimony/e-mails/phone calls:

"Aloha (Senator/Committee),
I would like to express my strong opposition to HB2035, the "pasture" lands transfer bill, which the legislature appears intent on passing over the next few weeks.  Such a controversial measure should NOT be passed in light of the limited opportunity for public participation and dialogue over its final amended form.
Mahalo,
​(your name)"

"Dear (Senator/Committee),
I would like to express my strong opposition to HB2035, the "pasture" lands transfer bill, which the legislature appears intent on passing over the next few weeks.  There is nothing in this bill to require that ranchers actually contribute to our local food supply, rather than continue to sell 80 percent or more of their livestock to the mainland market.  There is nothing in this bill to protect our watersheds and protein-rich reefs that may be harmed by livestock grazing and agricultural construction projects without the DLNR's oversight.  Please do not pass this measure during the 2020 session.
Mahalo,
​(your name)"

"Dear (Senator/Committee),
I would like to express my strong opposition to HB2035, the "pasture" lands transfer bill, which the legislature appears intent on passing over the next few weeks.  Ranchers already pay just dollars an acre for the thousands and thousands of public lands they have occupied for years, if not decades.  By letting the Department of Agriculture grant them decades-long leases, without any public auction requirement or carefully tailored environmental protections, this measure would just give them even more leeway to ignore the public interest in the public lands they occupy.
Mahalo,
​(your name)"

This weekend, take a moment to OPPOSE HB2035 HD1, another  "pasture" lands transfer bill, which has a hearing on Monday before the Senate Water and Land Committee and Senate Agriculture and Environment Committee (sample testimony and email information below).  
​
(Thank you to all who testified on SB2812.  There was healthy opposition but strong support from ranches and their affiliates.  The measure passed, with amendments).

Quick summary: HB2035 HD1 would allow the board of agriculture to exempt development projects on 93,000 acres of public "pasture" lands from any law relating to "the development or improvement of land" and the "constructing of buildings thereon," and to issue or renegotiate new and current leases for these lands.  These lands contain native and endangered species habitats, cultural sites, hunting areas, and other public trust values likely to be overlooked in the department of agriculture's leasing provisions, or in the board of agriculture's granting of environmental and other exemptions for development projects. For more information see previous post here.

Please and especially if you live or know people who live in the districts of WTL Chair Kai Kahele (Hilo) and AEN Chair Mike Gabbard (Kapolei, Makakilo, Kalaeloa, 'Ewa, Waipahu),  this weekend is a critical time to send an email, or make a call, to ask them to HOLD HB2035 HD1.

Sen. Kahele: 586-6760, senkkahele@capitol.hawaii.gov
Sen. Gabbard: 586-6830, sengabbard@capitol.hawaii.gov

Otherwise, you can also e-mail testimony by this weekend to wtltestimony@capitol.hawaii.gov, aentestimony@capitol.hawaii.gov. 

Sample testimony:

"Dear Chairs Kahele and Gabbard, Vice Chairs Keith-Agaran and Ruderman, and members of the Senate Water and Land and Agriculture and Environment Committees,

I OPPOSE HB2035 HD1 because it will let private ranches ignore the public interest in nearly 100,000 acres of public lands, and enable the destruction of natural and cultural resources, the blocking of access to hunting grounds and cultural sites, and the development of public lands with a broad range of environmental and land use exemptions. Nothing is stopping private ranches from continuing to use these public lands for their cattle operations, in balance with the many other interests and concerns of hikers, hunters, Native Hawaiian cultural practitioners, conservationists, and others in these lands.  Please HOLD this measure and protect the public trust in our limited public land base.

Thank you,
(your name)"  

Exempting a new "school facilities agency" from public spending and environmental laws seemed like a bad idea to the vast majority of respondents to a March 5 Star-Advertiser poll.

A follow-up editorial largely trashed the proposal in SB3103 SD2.  Other commenters  did as well.
 
Most critics have focused on the agency's ability to avoid procurement laws, designed to prevent corruption and the shady or wasteful spending of taxpayer dollars; others have highlighted its qualified exemption from environmental review (i.e. environmental impact statement) laws, designed to ensure that threats to the environment or public health (like when you build on toxic waste) are properly and publicly evaluated (with public input) during project planning. 

(Side note: Just last year, 18 out of 23 schools surveyed by the Department of Education were found to have "elevated" levels of lead, arsenic, or chlordane in their soil; most if not all were likely built well before our environmental review laws were enacted).

Less publicized has been the agency's wholesale exemption from "Chapter 6E", the state laws that: 

• Describe what you do when you find human bones, including notifying the authorities and stopping construction work; 
• Require a minimum level of "historic preservation review" for state and private construction projects that could impact burials or historic sites;
• Allow the island burial councils to determine how known Native Hawaiian burials in a construction site are to be treated; and
• Provide penalties for knowingly harming burials or historic properties;

          among other reasonable things.

Should SB3103 SD2 pass as drafted, the new school facilities agency would be completely exempt from Chapter 6E. 

​Its projects could break ground without historic preservation review, without an archaeological inventory survey, without consultation with any island burial council or cultural monitor or anyone at all, and could knowingly plow through Native Hawaiian or other ancestral graves or priceless historic artifacts without consequence.

93,000 acres.  Equivalent in size to well over half the entire island of Moloka'i (and nearly twice the size of Moloka'i Ranch), or 900 Aloha Stadiums (parking lots included), or 70,500 football fields. 

That is how much public land on Hawai'i Island alone - including relatively untouched native forests, endangered species habitat, public hunting areas and access corridors, and countless cultural resources and sites - that would be transferred to the Department of Agriculture under SB2812 and HB2035, to renegotiate and issue new leases to powerful Hawai'i Island ranches for cattle grazing and livestock production.  
  
These ranches -- who no longer want to abide by the conditions and requirements placed by the Department of Land and Natural Resources on their use of public lands -- believe that the Department of Agriculture will give them much more favorable lease terms, and are lobbying HARD for the passage of these bills.  And the Department of Agriculture, via spokesperson (and former HART deputy director) Morris Atta's testimony, is more than happy to take control of these lands, because "the industry wants it." 

Not only does the Department of Agriculture lack the mission, expertise, or staff to consider and take care of the environmental, cultural, and subsistence value of these lands, it also, through its board, has the power to exempt "agricultural" developments from almost every environmental and land use protection law.  
  
Despite valid and clearly justified concerns from the Department of Land and Natural Resources and the Office of Hawaiian Affairs, and the Department of Agriculture's complete inability to articulate why a wholesale transfer of these 93,000 acres would support the public's interests (other than because "the industry wants it"), Senators and Representatives thus far have caved to the political pressures of Hawai'i Island's ranching lobby and their allies.  

The kicker?  43,000 head, or 80% of the cattle raised on Hawai'i ranches marketed in 2018 were exported to the mainland.  So why are certain ranch lobbyists claiming they are contributing to our local food security and carbon reduction goals?  How dumb do they think our legislators are?  

Review the testimonies submitted on these measures here and here, and submit your own when a hearing is scheduled.