This report is submitted to the Legislature in response to Act 259, Section 61, Session Laws of Hawai`i, 2001, which stated,

Provided that of the federal fund appropriation for historic preservation (LNR 802), the sum of $50,000 for fiscal year 2001-2002 and the sum of $50,000 for fiscal year 2002-2003 shall be expended to establish an assessment and monitoring program of cultural sites and burial remains in Makua Valley on Oahu; provided further that the department of land and natural resources shall work with the military to establish the assessment and monitoring program; provided further that the department of land and natural resources shall submit a detailed report on the progress of assessing the cultural sites and burial remains in Makua Valley and the criteria established by the military to monitor these cultural sites and burial remains located in Makua Valley; and provided further that this report shall be submitted to the legislature no later than twenty days prior to the convening of the 2002 and 2003 regular sessions.

Federal historic preservation moneys provided to the State of Hawai`i through the National Park Service are for the express purpose of supporting the activities of the State Historic Preservation Office (SHPO). These funds cannot be expended to fulfill the historic preservation responsibilities of federal agencies in their efforts to comply with Section 106 of the National Historic Preservation Act. As it is the federal responsibility of the Department of the Army to assess and monitor the cultural sites and burial remains in Makua Valley, the federal moneys appropriated by this budget provision were not expended for this purpose.

However, the SHPO, situated within the Department of Land and Natural Resources, has been working with the military concerning the assessment and monitoring of historic properties in Makua Valley. In August 2000 the SHPO entered into a Programmatic Memorandum of Agreement with the Department of the Army and the President's Advisory Council on Historic Preservation to address the Department of the Army's federal historic preservation responsibilities for routine training actions in Makua Valley. This Memorandum of Agreement stipulations included:

1. The Army, to meet its identification and evaluation responsibilities for historic properties, prioritized areas to be surveyed and established a five year schedule to survey the various areas of Makua.

2. A surface archaeological survey of the area where training was proposed to transpire was to be completed prior to the resumption of training.

3. A separate survey of traditional cultural properties at Makua Military Reservation was to be undertaken by the Department of the Army in the year 2000.

4. Pedestrian surveys would not occur in the areas with high potential hazard from unexploded ordnance, unless the maneuver or firing areas are expanded or some other reason necessitates an archeaological survey.

5. Range target areas will remain in locations which do not impact historic properties.

6. The Department of the Army shall evaluate all historic properties for their eligibility for the National Register of Historic Places, and prepare nomination forms for those properties which appear to meet the criteria for registration.

7. The Makua Military Reservation has as its policy the preservation of all historic properties. However, if a property cannot be avoided after all compliance and consultation efforts are followed, only then will archaeological data recovery measures be considered.

8. The Department of the Army will clearly mark historic preservation boundaries so they may be avoided during training.

9. The Installation Cultural Resources Manager will monitor all historic properties on a quarterly basis.

10. Any proposed construction, expansion of ranges, changes in training activities and removal of unexploded ordnance to clear an area for new use will require compliance with Section 106 of the National Historic Preservation Act. This includes consultation with the SHPO, the Office of Hawaiian Affairs, native Hawaiian organizations and groups, and other interested parties.

11. Should an historic property be inadvertently discovered in the course of any construction or excavation activities, work will stop in the area and all parties will be notified of the discovery.

12. Procedures are enumerated for consultation with native Hawaiians. The Department of the Army must take into account the views and recommendations of native Hawaiian organizations, groups, families and individuals when making decisions related to historic properties.

13. The Army is to prepare an annual status report to the SHPO, the President's Advisory Council, the Office of Hawaiian Affairs, and other consulting native Hawaiian organizations which reviews implementation of the Programmatic Memorandum of Agreement.

Since the signing of the Memorandum of Agreement, SHPO has continued coordination with the military on the implementation of the historic preservation measures and the fulfillment of Department of the Army historic preservation responsibilities.

In July 2001, the Army officially transmitted an archaeological inventory survey report which identified and evaluated the sites found in Makua Valley during the Phase I archaeological inventory survey. SHPO staff made a field inspection of the area surveyed on July 9, 2001. Staff reviewed the submitted report and in August 2001, requested the report be revised. The Army is now in the process of addressing SHPO comments. 

The Army has let a contract for the undertaking of a Traditional Properties Inventory. A preliminary draft report was received by the Army in June 2001, and an updated draft was submitted to the Army in November 2001. Once the Army has field checked the report with the kupuna involved, it will submit a copy of the report to the SHPO. At this draft stage the report is only descriptive. A more fully developed report will analyze the data gathered on the traditional cultural properties and any impacts which might result from training exercises.

An October 4, 2001 Settlement Agreement resolved the litigation involving the Department of the Army and Malama Makua. This settlement agreement reiterated and refined a number of the provisions of the Programmatic Memorandum of Agreement. Order Number 3 provided for the reporting to the SHPO of any damage to archaeological or cultural sites which occurred during training. Order Number 6 provided for the completion of the Traditional Cultural Properties survey in accordance with the Department of Health's Office of Environmental Quality Control guidelines for assessing cultural impacts, and the undertaking of surface archaeological surveys in all areas not suspected of containing "Improved Conventional Munitions". Order Number 8 provided for the clearance of unexploded ordnance in order to increase access to cultural sites, with an annual report of clearance progress to be made. Order Number 12 provided for at least one member of Malama Makua to observe training exercises and to be present for the post-training evaluation of damage to cultural properties. Order Number 13 provided for daytime access to conduct cultural activities at least twice a month, and for overnight access two times a year.

Prior to the resumption of training activities in Makua, the Army met with the SHPO and presented its preservation plan to the staff. Staff approved this conceptual plan which included an avoidance of all known historic properties. In accordance with the plan the military has restricted its training activities to areas which have been previously disturbed. Specific access routes to the training areas, which do not impinge upon historic properties, are also designated. These have been fenced off to assure no accidental deviation from the route which might impact historic properties.

Since the resumption of training the Army has been fulfilling its on-going monitoring of historic properties. Prior to the commencement of training the Army made a visual baseline inventory of all known historic properties in the training area. Each site was individually photographically documented with both video and still cameras. Following each Company Live Fire Exercise the Army and Malama Makua inspect each of the historic properties to evaluate if any damage has occurred. Still photographs are taken of any site about which Malama Makua expresses any concerns. To date no sites have been disturbed. In addition, the Army, on a quarterly basis, will be making video recordations of all the historic properties in the training area, and the historic properties in the 456 acre training area will be assessed in the company of representatives of Malama Makua.

The Department of the Army's Annual Reporting responsibilities have been partially met with the July 2001 submittal of the Archaeological Inventory report. In addition, the Research Corporation of the University of Hawai`i is preparing a report for the Army which will provide additional information on the Army's activities related to historic properties. During calendar year 2002, the Army anticipates the commencement of subsurface testing in the training area.

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