THE SENATE

S.C.R. NO.

162

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 
   


SENATE CONCURRENT RESOLUTION

 

requesting the AUDITOR to conduct a study evaluating the necessity for and impact of implementing a new project APPROVAL process for the management of the mauna kea science reserve.

 

WHEREAS, the Hawaiian people have revered Mauna Kea since their earliest migrations began many centuries ago; and

WHEREAS, today, Mauna Kea is still considered one of the most sacred places in Hawaii and native Hawaiians consider the Mauna Kea summit to be the home of the goddess Poliahu, and many other religious deities; and

WHEREAS, Mauna Kea's unique spiritual, cultural, historic, and natural resources make it one of the most significant places on earth; and

WHEREAS, the State's Historic Preservation Office has acknowledged Mauna Kea's cultural significance by designating the summit region as a historic district, the cluster of summit cones known as Kukahau`ula, as a historic site; and

WHEREAS, in 1962, the world's largest stone adz quarry and Ice Age Natural Area Reserve was placed on the list of National Historic Landmarks, recognizing the importance of the mountain to Hawaii and the world; and

WHEREAS, some of the most rare, threatened, and endangered plant and animal life exist on Mauna Kea, including the threatened Wekiu bug, found nowhere else in the world and whose current population has been reduced by ninety-nine per cent; and

WHEREAS, Mauna Kea is now considered one of the world's premier astronomical sites because of the rarified atmosphere surrounding Mauna Kea that makes for excellent viewing conditions for modern astronomy; and

WHEREAS, Mauna Kea now hosts the world's premier astronomy observatories, comprised of the greatest and most advanced telescopes in the world, owned by the wealthiest nations in the world; and

WHEREAS, in consideration for use of the Mauna Kea summit, the nations that own those observatories pay the University of Hawaii only one dollar per year in lease rent, or no rent, together with an arrangement for limited use of the telescopes by the University; and

WHEREAS, the astronomy research facilities located on the summit of Mauna Kea bring international status and recognition to the University and the Institute for Astronomy; and

WHEREAS, the Legislature recognizes the importance of supporting national and international astronomy programs and acknowledges the scientific and educational benefits that can be realized from these endeavors; and

WHEREAS, astronomy research activities on Mauna Kea and their support facilities in Hilo and Waimea employ a significant amount of Hawaii residents and are a valued economic activity for the island of Hawaii; and

WHEREAS, unless the economic potential of Mauna Kea is fully realized and its natural and cultural resources vigorously protected, there is a risk of unduly burdening the taxpayers, straining the State's financial resources, and forever losing important natural and cultural resources; and

WHEREAS, prior to August 2000, the management authority of the Mauna Kea science reserve was with the University's Institute for Astronomy in collaboration with the Department of Land and Natural Resources (BLNR); and

WHEREAS, the Institute for Astronomy's focus and expertise is in astronomy and is headquartered at the University of Hawaii at Manoa, and therefore management of the Mauna Kea science reserve was not located on the island of Hawaii; and

WHEREAS, many residents of the Big Island perceived that off-island management was insensitive to the concerns of local groups with strong interest in the mountain, including traditional culture practitioners, environmentalists, recreational users, and others; and

WHEREAS, those community members believed that the institute was not committed to ensuring the protection of natural resources and unconcerned with the historic preservation and the cultural value of Mauna Kea; and

WHEREAS, in February 1998, the Auditor issued Report No. 98-6 entitled Audit of the Management of Mauna Kea and the Mauna Kea Science Reserve, that was highly critical of the Institute of Astronomy's and the DLNR's management of the science reserve and found that their management was inadequate to ensure protection of the natural, cultural, and historic resources of the science reserve; and

WHEREAS, in response to the concerns raised by the Auditor's report, the University undertook a complete overhaul and update of its existing Master Plan for Mauna Kea and developed a new Mauna Kea Science Reserve Master Plan (2000 Master Plan) approved by the University's Board of Regents on June 16, 2000; and

WHEREAS, the DLNR retains the primary responsibility for protection of Mauna Kea's natural, historic, and cultural resources as the state agency responsible for managing, administering, and controlling the State's conservation district and public lands; and

WHEREAS, the Mauna Kea Science Reserve is situated in a conservation district, resource sub-zone; and

WHEREAS, the previous management plans approved by the BLNR, including the 1977 DLNR Mauna Kea Plan, the 1983-85 Mauna Kea Science Reserve Complex Development Plan, and the 1995 Revised Management Plan, require any amendments or updates of these plans to be approved by Board of Land and Natural Resources (BLNR); and

WHEREAS, under subsection 13-5-24(c)(4), Hawaii Administrative Rules, astronomy facilities are only allowed in resource sub-zones under an approved management plan; and

WHEREAS, the BLNR has not reviewed, approved, or adopted the 2000 Master Plan; and

WHEREAS, under the 2000 Master Plan, the University of Hawaii retains ultimate decision-making authority over all matters pertaining to the Mauna Kea Science Reserve and primary decision-making authority for major projects in the science reserve, as the leaseholder of the science reserve; and

WHEREAS, under the 2000 Master Plan, the Institute for Astronomy retains the management and decision-making authority for the observatories and astronomy-related matters, that includes the development of new observatories or replacement of existing observatories, subject to approval by the Board of Regents; and

WHEREAS, pursuant to the 2000 Master Plan, the Office of Mauna Kea Management was established in August 2000 at the University at Hilo to assume the authority for overall management and decision-making for operational matters and minor projects of the Mauna Kea science reserve and to provide advice and recommendations to the Institute for Astronomy and the Board of Regents on all matters pertaining to the science reserve that may involve community, environmental, cultural, historical, and other concerns; and

WHEREAS, as part of the new management structure under the 2000 Master Plan, two advisory groups, the Mauna Kea Management Board, consisting of seven members representing various community stakeholders appointed by the Board of Regents, and Kahu Ku Mauna, consisting of nine native Hawaiian kupunas, were also established to advise and direct the Office of Mauna Kea Management on community, environmental, cultural, historical, and other matters; and

WHEREAS, despite the implementation of the new management structure under the 2000 Master Plan, persisting public dissatisfaction with the management structure has been broad-based, and many residents of the Big Island continue to perceive that the University of Hawaii, Institute for Astronomy, and Office of Mauna Kea Management have ignored and not been responsive to the concerns of local groups; and

WHEREAS, in an update to Report No. 98-6 on March 2, 2004, the Auditor reported to the Legislature that management of the Mauna Kea science reserve by the University and DLNR continues to be inadequate; and

WHEREAS, the Legislature finds a need to consider the development and implementation of a new project approval process for use in the management of the Mauna Kea science reserve, that will ensure that the decision-making process is open to public scrutiny, and that the concerns of local groups with strong interest in the mountain, including traditional culture and religious practitioners, environmentalists, recreational users, and others, are not ignored and are addressed in a timely fashion; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2004, the House of Representatives concurring, that the Auditor is requested to conduct a study to evaluate the necessity for and impact of implementing a new project approval process for use in the management of the Mauna Kea science reserve; and

BE IT FURTHER RESOLVED the Auditor is requested to consider and address the following matters in the study:

(1) Whether the existing approval and decision-making procedures for the Mauna Kea Science Reserve as set forth under the applicable DLNR rules governing the conservation district lands or in the 2000 Master Plan under the University of Hawaii and its board of regents are sufficient to address the concerns of local groups with strong interest in the mountain, including traditional culture practitioners, environmentalists, recreational users, and others;

(2) If the existing procedures are sufficient, whether those concerns are, in fact, being addressed adequately, and if not, then what factors are contributing to that outcome;

(3) Whether a new project approval process is necessary or desirable to adequately address and incorporate the concerns of those local groups with strong interest in the mountain in the decision-making process for the management of the Mauna Kea Science Reserve;

(4) The impact of implementing a new approval process on the management structure for the Mauna Kea Science Reserve and on any other matters pertinent to the economic viability or projected goals of the science reserve;

(5) Whether existing approval or decision-making procedures, such as those set forth for geothermal resource subzones in chapter 205, Hawaii Revised Statutes, or for the Kaho`olawe Island Reserve in chapter 6K, Hawaii Revised Statutes, are suitable models for use in the management of the Mauna Kea Science Reserve; and

(6) Any other matters deemed appropriate or pertinent to project approval and decision-making process for the management of the Mauna Kea science reserve, including the drafting of specific legislation or rules, if they are warranted; and

BE IT FURTHER RESOLVED that the Auditor is requested to seek and incorporate the input from concerned residents of Hawaii County in the study and its report; and

BE IT FURTHER RESOLVED that the Auditor is requested to report its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2005; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor, Chairperson of the Board of Land and Natural Resources, Chairperson of the Board of Regents of the University of Hawaii, President of the University of Hawaii, Director of the University of Hawaii’s Institute for Astronomy, Director of the Office of Mauna Kea Management, and members of Hawaii's congressional delegation.

Report Title:

Study; Mauna Kea; Project approval process.