Kia'i Iwi Alaka'i

Kia'i Iwi Alaka'i James J.K.C. Kahu o Mauna Ala and founder of Kiai Iwi Alakaii.

Maioho is a Native Hawaiian cultural practitioner, Kiai Iwi, and community advocate dedicated to protecting iwi kupuna, sacred lands, and the cultural rights of the Hawaiian people.

https://kiaiiwialakai.substack.com/p/kauai-missile-range-eis-why-blnr?r=7bud42&utm_campaign=post-expanded-share&utm_medi...
08/23/2026

https://kiaiiwialakai.substack.com/p/kauai-missile-range-eis-why-blnr?r=7bud42&utm_campaign=post-expanded-share&utm_medium=web

KAUAI MISSILE RANGE EIS: WHY BLNR SHOULD NOT ACCEPT IT

A public action guide for the September 11, 2026 Board of Land and Natural Resources meeting

The Navy and NASA have released the Final Environmental Impact Statement for continued use of State lands at the Pacific Missile Range Facility (PMRF) and Kokee Park Geophysical Observatory (KPGO). On September 11, the Hawaii Board of Land and Natural Resources (BLNR) is scheduled to meet and will be asked to decide whether the Final EIS is adequate under Hawaii environmental law.
This is not yet the final decision on whether the military receives another long-term lease. The immediate question is narrower and important: is the Final EIS complete enough for the State to rely on? There are strong reasons to say no - not yet.

Why this matters

The proposed action would preserve military use of thousands of acres of State land for at least 25 years, with the maximum term left to later negotiation. A decision of that scale should be made only after the State has the information needed to understand the land, the impacts, the alternatives, and the obligations that will follow.
The strongest concerns are not speculative. DLNR's own Land Division warned during review of the Draft EIS that the document appeared not to meet Hawaii's EIS requirements and that, if the deficiencies were not corrected, staff could recommend non-acceptance to BLNR.

Five reasons BLNR should send the Final EIS back for more work
• Scope: DLNR Land Division said the EIS should address the training and testing that continued use of the State lands makes possible. The Navy rejected that approach and continues to treat many operational impacts as outside the scope of this land decision.

• Alternatives: OHA asked for meaningful analysis of an intermediate lease term, such as 30 years, so the State could review compliance before committing to another very long term. The Final EIS instead points to its analysis of terms shorter than 25 years. That does not appear to answer the alternative OHA actually requested.

• Cultural resources and access: the record states that a Traditional Cultural Places study with practitioner consultation is still being prepared, while restrictions on cultural access are already acknowledged as an adverse impact. The proposed access-management process is not yet fully developed.

• PFAS and cleanup: PFAS was detected above EPA screening levels at multiple locations, with additional investigation still required. The public should know the full extent of contamination, cleanup obligations, responsibility and surrender conditions before another generation of land use is committed.

• Cumulative effects: the Final EIS uses a 2019-2029 window for identifying past and reasonably foreseeable projects even though the contemplated land agreements may last 25 years or longer. BLNR should require an explanation of how that time horizon adequately informs a multi-decade decision.

The public ask

Ask BLNR to NON-ACCEPT the Final EIS at this time and return it for completion. Non-acceptance does not require the Board to decide today that PMRF must close. It means the State should insist on a complete informational record before making a long-term decision about public lands.

How to participate

Meeting Friday, September 11, 2026, 9:00 AM
In person DLNR Boardroom, Kalanimoku Building, 1151 Punchbowl Street, Room 132, Honolulu, Hawaii 96813
Written testimony Email: [email protected]
Recommended deadline Submit by 9:00 AM on Thursday, September 10 - 24 hours before the meeting - so Board members have time to review it. Late testimony is still accepted into the record, but BLNR warns it may not reach members before the decision.

Zoom testimony Email [email protected] and request to testify by video. Include your name, email address and the PMRF/KPGO Final EIS item. The meeting-specific Zoom information will be provided by BLNR.
Meeting information https://dlnr.hawaii.gov/meetings/blnr-meetings-2026/

Copy-and-paste sample testimony

Subject: Please Do Not Accept the PMRF/KPGO Final EIS

Chair and Members of the Board of Land and Natural Resources:

I respectfully ask the Board to NON-ACCEPT the Final Environmental Impact Statement for the Pacific Missile Range Facility and Kokee Park Geophysical Observatory at this time.
This request is not a demand that the Board decide the ultimate future of PMRF today. It is a request that Hawaii require a complete environmental record before making another long-term commitment of public lands.

DLNR's own Land Division previously raised serious concerns that the Draft EIS did not satisfy Hawaii's environmental review requirements, including concern that the document excluded training and testing impacts that continued use of the State lands helps make possible. The Final EIS continues to treat many of those operational effects as outside the scope of the real-estate decision.
Important questions also remain regarding alternatives, cultural resources and access, PFAS contamination and cleanup, and cumulative impacts. OHA requested meaningful consideration of an intermediate lease term such as 30 years, yet the Final EIS appears to answer that request by discussing terms shorter than 25 years. A Traditional Cultural Places study is still being prepared, while cultural-access restrictions are acknowledged as an adverse impact. PFAS contamination remains under investigation.

Hawaii should know the NEED for the land, the CONDITION of the land, and the tenant's PERFORMANCE under existing agreements before committing public lands for another generation.
Please return the Final EIS for completion and require the missing information before acceptance.

Mahalo for your consideration,

[YOUR NAME]
[ISLAND / COMMUNITY - OPTIONAL]

If you testify live

Keep it simple. BLNR generally asks oral and video testifiers to stay within about two minutes. You do not need to read the full written testimony. State your name, say you are asking for non-acceptance of the Final EIS, and give one or two reasons that matter most to you.

A strong two-sentence version is: "I am asking BLNR not to accept the PMRF/KPGO Final EIS yet. Before Hawaii commits public lands for another generation, the State should complete the cultural, contamination, alternatives and cumulative-impact record and independently determine what is actually needed."

A broader principle

This PMRF decision raises a question that goes beyond Kauai. Before the State renews major military land agreements anywhere in Hawaii, it should independently establish three things: NEED - what land and capability are actually required today; CONDITION - the present environmental and cultural condition of the land and the cleanup obligation; and PERFORMANCE - whether the tenant complied with the agreement that is ending.

Only after those questions are answered should Hawaii negotiate how much land, if any, should remain in military use and for how long.

Source documents
PMRF/KPGO Final EIS documents: https://pmrf-kpgo-eis.com/documents/
BLNR 2026 meeting calendar and testimony instructions: https://dlnr.hawaii.gov/meetings/blnr-meetings-2026/
Written testimony email: [email protected]

Meetings of the Board of Land and Natural Resources (BLNR) are held on the second and fourth Fridays of each month except, should a holiday fall on a Friday, the […]

08/22/2026

The final EIS for Kauai was published yesterday. Decision making will be done at the September 11 BLNR meeting.

I will be providing analysis and testimony suggestions soon. DM me directly or email [email protected] with questions or comments.

08/10/2026

⚖️ A Correctable List: 1844 to 1880

🗓️ Today marks the exact 146th anniversary of a major milestone in Hawaiian legal history: the passage of Act VII on August 9, 1880.

🔎 During the nineteenth century, the Hawaiian Kingdom successfully transitioned into a fully recognized, constitutional nation-state. By codifying its laws, establishing a constitutional monarchy, and securing formal diplomatic treaties with global powers like Great Britain, France, and the United States, Hawaiʻi proved it possessed the sovereign authority to govern its territory and people under its own statutory framework.

A vital chapter in this history is the transition from early administrative decrees to full statutory codification. Understanding this progression is key to recognizing how Hawaiian sovereignty was protected as a mature nation-state operating under strict rule of law.

📜 1. The 1844 Administrative Snapshot
The Order in Council of June 29, 1844 (published in The Polynesian on July 20, 1844) served an essential purpose for its time. It established protocol, rank, and official rosters under the 1840 Constitution.

As seen in the primary record (🤓 attached image), the entire document was explicitly titled a "CALENDAR."

The introductory legal clause states:

“The following is a list of the principal Chiefs, Officers of His Majesty’s Civil Administration; of the Chiefs entitled to rank, and of the present incumbents in the more important local offices, which will be corrected as occasion may require:—”

Some modern interpretations attempt to split this single legal instrument apart, claiming the "correction clause" only applied to certain administrative names. However, the raw text leaves no room for ambiguity: the clause introduces the entire text block as a single, flexible index. It covers everything from Privy Council members down to the “Princes and Chiefs eligible to be Rulers.”

By its own express terms, this roll functioned as a living administrative tool designed to adapt as the practical circumstances of the government changed over time. It was an initial administrative baseline, never an unalterable constitutional lock intended to bind the hands of future monarchs.

🛡️ 2. The Shift to Statutory Law
As the Hawaiian Kingdom matured, early mixed systems managed by flexible royal decrees and amendable executive calendars were systematically replaced by fixed, codified statutory law. Executive privileges and administrative protocols for Aliʻi registers that existed in 1844 were structurally updated thirty-six years later by the cooperative actions of the Sovereign and the Legislature.

🧬 3. The Role of the 1880 Legislation (Act VII)
The definitive proof that the 1844 list was never meant to be a permanent, frozen lock on eligibility occurred on this day—August 9, 1880. King Kalākaua and the Legislative Assembly explicitly passed Act VII (Mokuna VII) to resolve a growing legal crisis: it had become difficult to officially verify who qualified as an electable "native Aliʻi" under Article 22 of the 1864 Constitution.

The legislature did not rely on the 1844 list as a final, unchangeable ledger. Instead, they exercised their statutory authority to create the Papa Kuʻauhau Aliʻi (The Board of Genealogy of Hawaiian Chiefs) to serve as a strict, Kingdom-mandated government gatekeeper to vet, correct, and officially register lineages for constitutional eligibility.

Note: As an archival research initiative, our mission is to bring these 19th-century public records to light, showing how the built-in resilience and sophistication of Hawaiian constitutional governance evolved to meet the demands of rapidly changing times.

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08/07/2026

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Join the Conversation on Military Leased Lands OHA is hosting community briefings across the pae ʻāina to raise awareness about military leased lands set to expire between 2028 and 2031. These Public Land Trust lands are currently leased by the U.S. Army, Navy, and Air Force on Hawaiʻi, Oʻahu, M...

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08/04/2026

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After decades of litigation, A&B/Mahi Pono has yet to comply with CWRM decisions and orders that set minimum stream flow levels for East Maui Streams. Despite ongoing controversy, Mahi Pono is seeking a long-term water lease. Upcoming East Maui Water Meetings: OHA Board Meeting - July 29, 9:00 am, t...

08/03/2026

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