ISLAND VOICES
Cleanup of island is federal burden

Noa Emmett Aluli

The Advertiser's Feb. 25 editorial asks the question "Who's in charge of Kaho'olawe cleanup?" The answer to this question is the U.S. government.

The federal law that conveyed Kaho'olawe back to the state and authorized $400 million for the cleanup, contains two very specific statements with respect to responsibility and liability:

" ... the United States shall remain liable for and retain responsibility for any environmental restoration, remediation, or corrective action required at the property conveyed. ... the state of Hawai'i shall not be liable or responsible for the conduct of any cleanup and response actions arising from and relating to the use, environmental cleanup and ordnance removal and remediation of Kaho'olawe Island and its adjacent waters."

Regarding the state's "end-game," the commission's goal is to facilitate the safe and meaningful use of the reserve in accordance with our statutory responsibilities for Hawaiian cultural practices, preservation, environmental restoration and education. We have made great strides in this regard through community outreach, native planting and erosion-control efforts, and cultural coordination.

We are also actively developing our reserve management program, which involves controlled and escorted access to the island. For safety and resource protection, the public will not be allowed to freely roam unescorted about the island. All access to the island and the surrounding waters will be by pre-approved permission.

Additionally, under state law, the commission's other function is to act as the trustee of Kaho'olawe until a Native Hawaiian sovereign entity is recognized, pursuant to Section 6K-9 HRS, which states that:

" ... the resources and waters of Kaho'olawe shall be held in trust as part of the public land trust, provided that the state shall transfer management and control of the island and its waters to the sovereign native Hawaiian entity upon its recognition by the United States and the state of Hawai'i."

The editorial states, "the public has a right to know if Kaho'olawe will ever be safe to use." I leave this for the Navy to answer in its certification. We will do our part in managing the safe and culturally appropriate use of Kaho'olawe.