,i  #aagth ,,congress  #b;d ,session    
,h4 ,r4 #gacj  ,,in ,,the ,,house ,,of  
,,representatives  ,march #ag1 #bjbb,mr4
 ,kahele introduced the following bill2 
which was referred to the ,committee on 
,armed ,services1 and in addition to the
 ,committees on ,transportation and     
,infrastructure1 and ,energy and        
,commerce1 for a period to be           
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to direct the ,secretary of 
,defense to convey the ,mkua ,military  
,reservation to the ,state of ,hawai#8i 
and establish a trust fund for such     
conveyance1 and for other purposes4  #a4
 ,short title ,this bill may be cited as
 the ,leandra ,wai ,act4  #b4 ,findings 
,congress finds the following3 7#a7     
,leandra ,wai was a co-founder of the   
,native ,hawaiian-led non-profit ,mlama 
,mkua1 served as its president1 and     
grounded the organization as its        

cultural practitioner until her passing 
in #bjaf4 ,she embodied the cultural    
healing power of ,mkua ,valley1 and was 
the heart1 soul1 and spirit of ,mlama   
,mkua as the organization fought in     
,federal court to stop live-fire        
training in the sacred valley4 ,twice   
per month1 from #bjjb until shortly     
before her passing1 ,wai led cultural   
access into ,mkua ,valley1 facilitating 
the cultural reconnection of thousands  
of community members with ,mkua4 ,her   
leadership still guides ,mlama ,mkua4   
7#b7 ,mkua1 which means parents in      
,hawaiian1 is a sacred site1 rich in    
culture and biological resources4  7#c7 
,mkua ,military ,reservation 7in this   
section referred to as ,,mmr7 contains  
more than #ajj sites eligible for       
listing on the ,national ,register of   
,historic ,places1 including ,hawaiian  
temples1 shrines1 petroglyphs1 and other
 sacred1 cultural1 and historic sites4  
,past military live-fire training has   
damaged ,mkua's cultural sites1 bombing 

them and pockmarking them with bullet   
holes4 ,moreover1 continued military    
occupation of ,,mmr severely limits     
access by ,native ,hawaiian cultural    
practitioners4  7#d7 ,in ,native        
,hawaiian stories and legends1 or       
mo#8olelo1 ,mkua is an important place  
within a much more expansive traditional
 cultural landscape and network of      
interrelated sites4 ,it has heightened  
cultural significance because of its    
relationship to other sites4  7#e7      
,military training-related fires at     
,,mmr threaten more than #dj species of 
animals and plants protected under the  
,endangered ,species ,act 7,public ,law 
#ic-bje2 #af ,u4,s4,c4 #aeca et seq471  
as well as native habitat identified as 
critical to the survival and recovery of
 these imperiled species4 ,additionally1
 training-related fires have burned     
thousands of acres at ,,mmr4  7#f7      
,historically1 ,mkua was considered     
#8ina momona1 or fertile land1 with     
evidence of extensive agricultural      

terracing that could have produced      
substantial amounts of food and provided
 access to important offshore fisheries4
  7#g7 ,traditional and customary       
practices1 such as fishing1 gathering of
 plants1 and funerary practices1 have   
continued at ,mkua in different forms to
 the present4  7#h7 ,toxins from        
military training and related activities
 at ,,mmr1 such as prescribed burns1    
contaminate ,mkua's air1 land1 and      
water4 ,contaminants are transported to 
civilian areas beyond ,,mmr's           
boundaries--to ,mkua ,beach and the     
ocean--via the air1 ,mkua's streams1    
overland flow during storm events1 and  
groundwater4  7#i7 ,the ,armed ,forces  
seized ,mkua for training shortly after 
the attack on ,pearl ,harbor1 evicting  
the families who had lived there for    
generations1 bombing their church1 and  
destroying their homes4 ,the ,armed     
,forces promised to return the land to  
the local families six months after the 
end of hostilities but broke that       

promise4 ,nearly eight decades after    
,world ,war ,,ii ended1 the ,armed      
,forces still occupy ,,mmr4  7#aj7 ,in  
addition to seizing ,hawaiian trust     
lands1 the ,armed ,forces condemned     
kuleana land grants from ,native        
,hawaiian families4  7#aa7 ,,mmr lies   
just across ,farrington ,highway1 a     
public roadway1 from ,mkua ,beach1 a    
public beach where local children play1 
and local families gather fish and limu 
to put food on their tables4  7#ab7 ,the
 ,armed ,forces have not conducted live 
fire training at ,,mmr since ,june      
#bjjd4 ,for more than #bc years1        
,hawai#8i-based military units have     
consistently and repeatedly been able to
 achieve readiness to deploy for combat 
missions without conducting any         
live-fire training at ,,mmr4  7#ac7 ,the
 ,wai#8anae district is home to one of  
the largest concentrations of ,native   
,hawaiians anywhere1 yet approximately  
one-third of ,wai#8anae's land is       
occupied by the ,armed ,forces4 ,the    

community has been burdened with        
multiple threats to health1 safety1 and 
the environment1 which is reflected in  
poor health and socioeconomic           
indicators4  7#ad7 ,mkua is an important
 site for the revitalization of ,native 
,hawaiian cultural practices and a      
valuable educational resource for       
,hawaiian culture1 history1 ecology1 and
 environmental restoration4  #c4 ,study 
of the cost to make the ,mkua ,military 
,reservation suitable for human         
habitation  7a7 ,study required ,the    
,secretary of ,defense shall1 in        
collaboration with the ,state of        
,hawai#8i1 conduct a study to-- 7#a7 map
 out land hazards including-- 7,a7      
unexploded ordnance2 and  7,b7 other    
contaminants2  7#b7 determine an        
appropriate schedule1 consistent with   
community standards1 for the removal of 
such land hazards2 and  7#c7 provide a  
cost estimate for the land remediation  
and restoration activities required to  
make the ,mkua ,military ,reservation   

suitable for agriculture1 residential   
use1 and human habitation4  7b7 ,report 
required ,not later than one year       
following the date of the enactment of  
this ,act1 the ,secretary1 in           
collaboration with the ,state of        
,hawai#8i1 shall submit a report to the 
appropriate congressional committees    
that contains the results of such study4
  #d4 ,conveyance of the ,mkua ,military
 ,reservation to the ,state of ,hawai#8i
  7a7 ,conveyance ,the ,united ,states1 
through the ,secretary of ,defense1     
shall convey and return1 without        
consideration1 to the ,state of         
,hawai#8i1 all right1 title1 and        
interest of the ,united ,states in and  
to that parcel of property known as the 
,mkua ,military ,reservation located in 
,oahu1 ,hawai#8i4  7b7 ,deadline        
,notwithstanding section                
#abj7;h77#c77;,a77ii77,i7 of the        
,comprehensive ,environmental ,response1
 ,compensation1 and ,liability ,act of  
#aihj 7#db ,u4,s4,c4                    

#ifbj7;h77#c77;,a77ii77,i771 the        
,secretary shall carry out the          
conveyance under subsection 7a7 of this 
section not later than #ahj days after  
the date of the enactment of this ,act4 
7c7 ,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#8i after consultation  
with the ,secretary4  7d7 ,report on    
conveyance ,not later than #ahj days    
after the conveyance under this ,act1   
and annually thereafter1 the ,secretary 
shall submit to the appropriate         
congressional committees a report on the
 compliance with the provisions of this 
,act4  #e4 ,mkua ,military ,reservation 
conveyance1 remediation1 and            
environmental restoration trust fund    
7a7 ,establishment of trust fund ,there 
is established in the ,treasury of the  
,united ,states a trust fund that shall 
be known as the ,mkua ,military         

,reservation ,conveyance1 ,remediation1 
and ,environmental ,restoration ,trust  
,fund 7in this section referred to as   
the ,fund71 consisting of such sums as  
may be appropriated or credited to the  
,fund as provided in this section4  7b7 
,transfer to the ,fund  7#a7            
,appropriations ,there are authorized to
 be appropriated to the ,fund such sums 
as may be necessary-- 7,a7 to make the  
,mkua ,military ,reservation suitable   
for agriculture1 residential use1 and   
human habitation1 including any remedial
 actions under the ,comprehensive       
,environmental ,response1 ,compensation1
 and ,liability ,act of #aihj 7#db      
,u4,s4,c4 #ifbj et seq472 and  7,b7 to  
carry out this ,act4  7#b7 ,investment  
yield ,there shall be deposited into the
 ,fund any returns yielded from the     
investment of the sums appropriated to  
the ,fund under paragraph 7#a7 of this  
subsection4  7c7 ,expenditures from the 
,fund ,amounts in the ,fund shall be    
made available pursuant to the terms of 

the ,memorandum of ,understanding under 
subsection 7d74  7d7 ,memorandum of     
,understanding  7#a7 ,in general ,not   
later than #ahj days after the date of  
the enactment of this ,act1 the         
,secretary of the ,army1 acting through 
the ,chief of ,engineers1 shall enter   
into a ,memorandum of ,understanding    
with the ,state of ,hawai#8i that shall 
govern-- 7,a7 the study required under  
section #c7;a72  7,b7 the conveyance    
required under section #d7;a72  7,c7 the
 timing1 planning1 methodology1 and     
implementation for the removal of-- 7i7 
unexploded ordnance2 and  7ii7 other    
contaminants2 and  7,d7 the use of the  
sums appropriated to the ,fund under    
subsection 7b77#a74  7#b7 ,consultation 
,in carrying out paragraph 7#a71 with   
respect to the terms and conditions     
included in the ,memorandum of          
,understanding pursuant to paragraph    
7#a77;,c71 the ,secretary of the ,army  
shall consult with ,native ,hawaiian    
organizations4  7#c7 ,access to site    

,nothing in the ,memorandum of          
,understanding may restrict access to   
the ,mkua ,military ,reservation        
pursuant to paragraph #ac of the        
settlement agreement and stipulated     
order of the ,united ,states ,district  
,court for the ,district of ,hawai#8i   
executed on ,october #d1 #bjja 7,civil  
,no4 #jj-jjhac ,,som-,,lek74  #f4       
,definitions ,in this ,act3 7#a7 ,the   
term appropriate congressional          
committees means the ,committees on     
,armed ,services of the ,senate and     
,house of ,representatives4  7#b7 ,the  
term ,native ,hawaiian organization has 
the meaning given such term-- 7,a7 in   
section #fbjg of the ,native ,hawaiian  
,education ,act 7#bj ,u4,s4,c4 #geag72  
or  7,b7 in section #cjjcad of title    
#ed1 ,united ,states ,code4  7#c7 ,the  
term other contaminants includes-- 7,a7 
improved conventional munitions2  7,b7  
munitions waste2  7,c7 medical waste2   
and  7,d7 other hazardous materials     
introduced to the ,mkua ,military       

,reservation by the ,secretary of       
,defense4