Testimony needed on Pohakuloa lease

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From: k <kahiwal@cs.com>
To: bisaki@gmail.com, fujikane@hawaii.edu, marti.townsend@gmail.com, shelley@kahea.org
Subject: Notice of DLNR Meeting – to discuss disposition of Pohakuloa case -Frday, August 14
Date: Mon 08/10/15 07:51 PM
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POHAKULOfA – DLNR discusses possible settlement of Ching vs. Case (“state” leases) – Friday, August 14 Honolulu – TESTIMONY NEEDED

NOTICE:

D7.  Discussion with the Department of the Attorney General regarding the status of Ching v. Case, et al., CIVIL NO. 14-1-1085-04 GWBC that relates to GL S 3849, Kaohe, Hamakua and Puuanahulu, North Kona, Hawaii, Tax Map Keys: (3)4-4-015:008, (3)4-4-016:005, and (3)7-1-004:007.

The Board will go into Executive Session pursuant to Section 925(a)(4), Hawaii Revised Statutes, in order to consult with its attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities and liabilities and to engage in attorney-client communications.  (No Staff Submittal)
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Tell the BLNR how you feel about what has been going on at Pōhakuloa.

 

On Friday, August 14, the BLNR will be meeting at its board room in Honolulu (1151 Punchbowl) to discuss the lawsuit Ching v. Case. That lawsuit alleges that the DLNR breached its public trust duties by failing to ensure that the military complies with the terms of its lease with the state. The lease requires that the military clean up ordnance and other military debris. There is abundant evidence that the military has not complied. Yet, state officials want to extend the lease beyond its 2029 expiration date. The testimony of the Native Hawaiian Legal Corporation and related documents are attached to this email.

 

The public has the right to testify on BLNR agenda item D7 – even though the BLNR will go into executive session to discuss it. HRS § 92-3.

 

BLNR meetings are unpredictable. They start at 9:00 a.m., but you can never be sure what time your agenda item will be discussed. Discussion could start as early as 9, or as late as 3.

 

* The military has caused too much damage to ceded lands – whether at Kaho`olawe, Mākua, Waikāne, or Pōhakuloa.

 

* The military has not been complying with its lease requirements to clean up military debris at Pōhakuloa.

 

* The State should not extend the lease that expires in 2029.

 

* Ceded lands should be returned and cared for – not given to the military to trash.

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Submit written testimony on Item D.7 on the August 14, 2015, BLNR agenda at least by Thursday 8/13 at 9am (needs to be 24 hours in advance). You can email DLNR administrator Ku`ulei Moses at: kuulei.n.moses@hawaii.gov. And if you want to attend the meeting, show at Kalanimoku Building, Land Board Conference Room 132, 1151 Punchbowl St. Honolulu, as early as 9:00 AM (or earlier if you want to sign up for public testimony).