HTH – Group challenges decision on Kulani 9/24/10

September 24, 2010 in Public Reading, Puu Makaala NARS Expansion

By PETER SUR Tribune-Herald staff writer

An advocacy group is challenging the state land board’s decision earlier this month transferring Kulani lands and the former Kulani Correctional Facility to the state Department of Defense.

Kat Brady, representing the Honolulu-based Community Alliance on Prisons, and two other individuals requested a contested case hearing during the Sept. 9 meeting of the Board of Land and Natural Resources.

At issue was a request by the state to “approve of and recommend to the governor” that she cancel the executive orders and transfer the lands so they could be used for the Youth ChalleNGe Academy (a program for at-risk teens and young adults) and also for the Hawaii Army National Guard for training purposes.

The board approved the request by a 7-1 vote, but added that no military use or training could be done on that state land.

Brady has followed the Kulani issue closely since Department of Public Safety officials announced last year that the prison would be closed following 63 years of operation and inmates would be transferred to other facilities throughout the state. The National Guard’s plans for training at the site, on the slopes of Mauna Loa, was not publicly known until the Tribune-Herald wrote about it on Sept. 8, Brady said.

She is hoping that the next administration that follows Gov. Linda Lingle will be enlightened enough to support reopening Kulani or turning it into a wellness center. Otherwise, absent any further action from the land board, the first class of the Youth ChalleNGe Academy will begin in January, said Department of Defense spokesman Lt. Col. Chuck Anthony.

“It was an open public hearing, where anybody who wanted to can go look at the minutes and see (the topics),” Anthony said. “We’re following the process exactly as outlined to us in terms of gettting that particular parcel transferred to the Department of Defense, and let the process play itself out.” He declined to comment on the merits of the petition, out of respect for the political process.

“Youth ChalleNGe is a really terrific program,” Anthony added.

In recommending that Lingle approve the request during the Sept. 9 meeting, the land board added a requirement that the Hawaii Army National Guard conduct a hearing on the Big Island to inform the public about its mission and intended activities on the former prison grounds.

Also, the board removed the old boys’ school and part of an internal road from the area slated for the Youth ChalleNGe Academy.

Instead, those sites are to be added to the Puu Makaala Natural Area Reserve, according to the land board’s unanimous recommendation of a related request.

The state attorney general’s office is likely reviewing the requests for a contested case hearing, and in the coming months the BLNR will take a vote on whether to grant the petitioners standing to bring a complaint.

A contested case hearing is like a trial in which the parties submit evidence and conduct cross-examinations of witnesses in an attempt to justify their respective positions to a hearings officer, who then makes a recommendation to the board.

If, on the other hand, the land board denies standing, Brady and the others may contest that decision in court.

The Community Alliance on Prisons contends that the land board violated state law because it “does not have the power to cancel these executive orders and reset aside. (The law) requires that the governor cancel the executive orders to reset aside these lands for another purpose.” Further, “the BLNR in this instance made a decision absent sufficent information about how the lands could be managed by a program of 16 (to) 19-year-old youth. The board only listened to the National Guard’s praise of the program. … The board has clearly breached their responsibilities as trustee for the lands.”

A spokeswoman for the Department of Land and Natural Resources declined to comment on the merits of the petition.

E-mail Peter Sur at psur@hawaiitribune-herald.com.


Army Road has an interesting history – Kent Warshauer – HTH

September 16, 2010 in Puu Makaala NARS Expansion, Tidbits

An interesting column from years ago in the Hawaii Tribune-Herald.


Public Access – Former Kulani Prison

September 14, 2010 in General Access, Puu Makaala NARS Expansion

As you may have seen in the Hawaii Tribune-Herald, the Land Board eliminated military use of the former Kulani Prison site.  Approved by the Board was the use of the former prison compound itself and the pasture area for use by the Youth ChallNGe Academy with the remainder going to the Puu Makaala NARS expansion.

In MKRUG testimony, both at the Puu Makaala NARS Expansion hearings at Cooper Center and at the BLNR meeting last Thursday, we had requested that the main roadway from Stainback Highway to the ’42 flow gate be open to the public exclusive of either DOD or NARS control. While we didn’t get that, in theory at least, the public should only have to deal with the NARS for access to and through the area.

The NARS staff will likely be working on a new management plan for the expanded Puu Makaala NARS.  Public access will be an issue in formulating this plan.   MKRUG will continue working to secure reasonable public access for the area.

Your thoughts are encouraged. contact@maunakearug.com


MKRUG Submits Comments – Hakalau Forest National Wildlife Refuge, Hawai`i County, HI; Comprehensive Conservation Plan and Environmental Assessment

September 14, 2010 in Hunting, Public Reading

The Hunting Committee of MKRUG found some rather disturbing language in the Hakalau Forest National Wildlife Refuge, Hawai`i County, HI; Comprehensive Conservation Plan and Environmental Assessment.

MKRUG submitted comments in the below letter.


HTH – Puna rep faces three challengers 9/13/10

September 13, 2010 in Public Reading, Puu Makaala NARS Expansion

Representative Faye Hanohano speaks on Kulani issue. From HTH article:

A retired corrections officer, Hanohano heads the House Public Safety Committee. Her bill to audit the Department of Public Safety — emphasizing the closure of Kulani correctional facility and the state’s contracts that send local inmates to privately-run mainland facilities — was vetoed by Gov. Lingle. That spurred the majority leadership of both the House and Senate to send a letter to Legislative Auditor Marion Higa directing her audit DPS, anyway.

“The closing of Kulani should never have happened, with the military trying to take it over under the guise of the Youth ChalleNGe program,” she said.

“… Now, you look at the (Tribune-Herald), you see a story that they want to do a training base center. That’s really unacceptable, because the military has lands that they’ve leased from the state, and at Pohakuloa.”

The state Land Board on Thursday denied the National Guard’s proposal for military training at Kulani by a 6-1 vote.


HTH – Military Use of Kulani Nixed

September 11, 2010 in Puu Makaala NARS Expansion

Hawaii Tribune-Herald Story



MKRUG testimony at BLNR Meeting 9/9/10 (Kulani)

September 8, 2010 in Puu Makaala NARS Expansion

September 8, 2010
Department of Land and Natural Resources
Attn: Board Members
1151 Punchbowl Street, Room 130,
Honolulu, Hawaii 96813
Reference:
C. 1. Acceptance of a Hearing Master Report on a Public Hearing for a Proposed Addition
to the Natural Area Reserves System, and Withdrawal of Portions of Governor’s
Executive Orders 1225 and 1588 and Re-Set Aside as an Extension of Puu Makaala
Natural Area Reserve, and Immediate Management Right-of-Entry, for TMK (3) 2-4-08:09
(paR), South Hilo, Hawaii
D. 3. Cancellation of Governor’s Executive Order Nos. 1225 and 1588 and Reset Aside
Portion to State of Hawaii, Department of Defense, for Youth ChalleNGe Academy and
Hawaii Army National Guard Training Purposes, with an Access and Utility Easement
Reserved to the Department of Land and Natural Resources, Division of Forestry and
Wildlife, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-4-08:09 por.;
Cancellation of Governor’s Executive Order No. 3678 and Grant of Perpetual
Non-Exclusive Easement to Department of Defense for Access and Utility Purposes,
Waiakea, South Hilo, Hawaii, Tax Map Keys: (3) 2-4-08: por. & 1-8-12: por.

Dear Chairperson and Board Members:

The Mauna Kea Recreational Users Group is a coalition representing the various user interests of
public lands. Our primary mission is preserving public access. We are addressing both items as
one as we can’t see how they can be reasonably considered separately.

While we can support in theory the NARS and DOD concept, we cannot support the proposal as it
stands now. As we testified at the hearing at Cooper Center on July 12 our position is that the
public deserves access to and through the former Kulani Prison site exclusive of NARS or DOD
control.

We feel the headlong rush to take this proposal through the system has resulted in several glaring
deficiencies which should be addressed before proceeding. This hurry is unnecessary from either
the NARS or DOD points of view. The current 25 year duration MOA between PSD and DOD
allows for operation of the Youth Challenge Academy and assigns to DOD responsibility for the
Three Mountain Alliance MOA for ongoing cooperative watershed/land management efforts.

We have two main areas of concern: (1) inadequate consideration of public access needs and (2) inappropriate avoidance of the letter and intent of Chapter 343 HRS.

1. Public access. A member of the public would have to deal with potentially three different
jurisdictions to acquire access through the parcel, DOFAW’s local office, NARS, and DOD. Shortly after the
Cooper Center hearing we requested a permit to access the site to investigate possible public access
alignments and to familiarize our members with the area in general. While this visitation was never
accomplished, we were able to meet with Youth Challenge Academy officials to discuss public access. It
became apparent at this meeting that the proposal as drafted did not allow DOD enough latitude to negotiate
an agreement to meet public access needs.

Until it was connected to Saddle Road in 1963 Stainback Highway was the only route to the summit of Mauna
Loa. At that time use of the road became restricted due to security concerns relating to prison operations.
Now that the prison is no more we would like to see the vision of Tom Vance (Director of Institutions, 1948)
and Governor Stainback be reinstated. Another route which has been mostly ignored is the historic Puu 0’0
Trail which runs though the property. Should there be planning for these routes to be included in the Na Ala
Hele trail system?

2. Chapter 343 HRS requirements and intent. The intent of 343 is “The legislature further finds that
the process of reviewing environmental effects is desirable because environmental consciousness is enhanced,
cooperation and coordination are encouraged, and public participation during the review process benefits all
parties involved and society as a whole.” The proposal was drafted by discussions between DOFAW/NARS
and DOD/YCA ignoring any public participation. The same exemption from the requirements of Chapter 343
HRS is being cited for both initiatives “Operations, repairs or maintenance of existing structures, facilities,
equipment or topographical features, involving negligible or no expansion or change of use beyond that
previously existing”. To most people a adult corrections facility is not the same use as a ‘boot camp’ for youth
with accompanying possible military training. The voluntary PSD participation in the Three Mountain Alliance
MOA is not the same as a NARS.

Given the restricted access to the parcel under either PSD or DOD/YCA/NARS control any past or future
environmental assessments will not have to address full public access issues. Also the ‘insider trading’ aspects
of this plan has not allowed proper public input on other potentially desirable uses for the property.

For these reasons we ask the Board to require an environmental assessment process be initiated before
moving forward.

Sincerely,

Wayne Blyth
Chairman


HTH – Plans for Kulani take shape

September 8, 2010 in Puu Makaala NARS Expansion

From: Hawaii Tribune-Herald – 9/8/10

Plans for Kulani take shape

Former prison may be converted into a training facility for military

By JASON ARMSTRONG
Tribune-Herald staff writer

The former Kulani prison could become a training base for a 150-soldier company to learn how to detect roadside bombs, perform emergency aerial evacuations and make forced entries into buildings.

That’s according to a proposal from the Hawaii Department of Defense, which also wants to operate a quasi-military program for at-risk teens.

Those activities, along with a live-firing range, would occur on roughly 600 acres of the minimum-security facility closed last November to save money, according to the DOD’s proposal.

The state Board of Land and Natural Resources is scheduled to take up the request during its 9 a.m. meeting Thursday
in Honolulu.

Also under board consideration is a proposal to add 6,600 acres of the old prison site to the Puu Makaala Natural Area Reserve to help preserve critical habitat.

The board’s recommendation on both requests will go to Gov. Linda Lingle. To finalize the proposals, she or her successor Lingle’s tenure is term-limited and set to end Dec. 6 — would have to sign an executive order approving the free, perpetual use of the land, which would remain state property.

Military training was not mentioned in July 2009. That was when state and military leaders announced plans to close the Big Island’s only prison located off of Stainback Highway, about 20 miles south of Hilo.

“In conjunction with the Hawaii Army National Guard training on the 600 acres, DOD intends to develop and operate a short-distance range, conduct Military Operations on Urban Terrain (MOUT) at the former boys’ school, conduct company-size and lower-level training along roadways and the pasture area, and develop landing zones in the pasture and near the camp for emergency evacuation and training,” states the supportive recommendation of Laura Thielen, DLNR chairwoman.

A former quarry would be converted into a livefire pistol range to replace the one that’s closed at the guard’s Keaukaha Military Reservation in Hilo, said Brig. Gen. Gary Ishikawa.

“It’s obviously not only the military that we’re looking at,” he said of allowing police and other law enforcement  personnel to use it.

Urban training would focus on forced entries into the old boys’ school closed years ago due to fire damage and involve a company of between 150 and 170 soldiers, Ishikawa said.

The DOD’s “vision” also calls for teaching soldiers how to identify improvised explosive devices, or IEDs, he said.
Teams would seek out simulated, non-explosive copies of the home-made bombs while on a test mission to free “hostages” taken in a faux terrorist situation, he said. “All these technologies are important in battles we are currently fighting,” Ishikawa said.

A final component would be landing zones to practice “touch-and-go” aerial maneuvers and mass evacuations, he said. “I will tell you there’s absolutely no firm plans at this time,” Ishikawa said of the proposed training site.

There is, however, movement on plans to open a Hawaii National Guard Youth ChalleNGe Academy on the old prison grounds.

Similar to the program the guard has run at Kalaeloa, Oahu, since 1995, it would offer a 22-week residential phase followed by a yearlong post-residential phase for kids ages 16 to 19.

Classes on farming, auto mechanics, cooking and woodworking would be offered to the volunteer participants, who would not be required to join the Hawaii National Guard or any other military branch, Ishikawa told the Tribune-Herald last December.

Still, about a third of participating students do enlist in the military, he said Tuesday.

The first group of employees, mostly seniorlevel people and the program commandant, will start Monday, he said, noting about 50 workers will be needed to run the youth camp.

“We’re definitely going to accept (the first students) in January,” Ishikawa said. Maintenance responsibilities for Stainback Highway and internal roads, along with what types of public access will be permitted, will be determined in an agreement the DOD will have to reach with the DLNR’s Division of Forestry and Wildlife and present to the land board within three months, according to the department’s requirements.

In a separate request, DOFAW is asking the land board to add 6,600 acres of the former prison site to the Natural Area Reserve System to allow for research and species preservation. The target area is roughly 6 miles long and up to 3 miles wide, ranging from the 4,600-foot elevation to the 6,229-foot level.

It’s “probably the finest and highest quality forest on the Island of Hawaii,” according to the NARS Commission’s  proposal.

Besides containing large tracts of koa and ohia forests, the area also is home to 11 endangered plant species and serves as federal critical habitat for seven types of birds, according to a letter from Paul Conry, Forestry and Wildlife Division
administrator.

E-mail Jason Armstrong at jarmstrong@hawaiitribuneherald.com.


The fate of Kulani Prison site up before the BLNR on Thursday 9/9/10

September 4, 2010 in Puu Makaala NARS Expansion

There are two items of particular interest to MKRUG on the agenda of the Board of Land and Natural Resources meeting to be held next Thursday 9/9/10.  BLRN Agenda 9/9/10

One item is the expansion of the Puu Makaala Natural Area Reserve (curently the forest reserve lands along the left side of Stainback Highway and  mauka of Tree Planting Road) into the former Kulani Prison site.

C1.  Acceptance of a Hearing Master Report on a Public Hearing for a Proposed Addition to the Natural Area Reserves System, and Withdrawal of Portions of Governor’s Executive Orders 1225 and 1588 and Re-Set Aside as an Extension of Puu Makaala Natural Area Reserve, and Immediate Management Right-of-Entry, for TMK (3) 2-4-08:09 (POR), South Hilo, Hawaii    (Related to Item D-3)

The other is a set aside to the State DOD (Hawaii Army National Guard) to operate a Youth ChaleNGe Academy at the former prison compound and for troop training to include former pasture land and the former boys school.

D3. Cancellation of Governor’s Executive Order Nos. 1225 and 1588 and Reset Aside Portion to State of Hawaii, Department of Defense, for Youth ChalleNGe Academy and Hawaii Army National Guard Training Purposes, with an Access and Utility Easement Reserved to the Department of Land and Natural Resources, Division of Forestry and Wildlife, Waiakea, South Hilo, Hawaii, Tax Map Key: (3) 2-4-08:09 por.;

Cancellation of Governor’s Executive Order No. 3678 and Grant of Perpetual Non-Exclusive Easement to Department of Defense for Access and Utility Purposes, Waiakea, South Hilo, Hawaii, Tax Map Keys: (3) 2-4-08: por. & 1-8-12: por.  (Related to Item C-1)

This is a very important decision for the Board which will affect access rights to and through this area for many years to come.   Please let your Council know your thoughts.  Email to contact@maunakearug.com


A recently spotted bumper sticker on … ?

September 4, 2010 in Public Reading