THE SENATE

S.C.R. NO.

73

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

urging the department of land and natural resources and the university of hawaii to convene meetings with stakeholders to address stewardship issues and affirm the state's commitment to a cooperative relationship with the varied members of the community interested in mauna kea and its unique spiritual, cultural, historical, and natural resources.

 

 


     WHEREAS, in 1969, the University of Hawaii Institute for Astronomy became the steward of the Mauna Kea Science Reserve under the University's lease with the Department of Land and Natural Resources; and

 

     WHEREAS, the Department of Land and Natural Resources, as keeper of public lands, is responsible for managing Mauna Kea in general; and

 

     WHEREAS, the Legislature expressed concerns about the State's management of Mauna Kea and the Mauna Kea Science Reserve; and

 

     WHEREAS, during the 1997 Regular Session, Senate Concurrent Resolution No. 109 requested an audit citing allegations of noncompliance with various plans, violations of agreements, and widely differing interpretations of permitted uses; and

 

     WHEREAS, the Audit of the Management of Mauna Kea and the Mauna Kea Science Reserve, Report No. 98-6, found that the University of Hawaii's management of the Reserve did not ensure the protection of natural resources, that the Department of Land and Natural Resources' efforts to protect Mauna Kea's natural resources needed improvement, and that implementation of new technology impacted development within the Reserve; and

 

     WHEREAS, after the 1998 audit there continued to be concerns and allegations about the University's and the Department's lack of transparency, accountability, and equity regarding management of Mauna Kea and the Mauna Kea Science Reserve; and

 

     WHEREAS, in the 2005 Regular Session, Senate Concurrent Resolution No. 68, S.D. 1, H.D. 1, requested that the Auditor assess the progress made on its previous findings; and

 

     WHEREAS, the Follow-Up Audit of the Management of Mauna Kea and the Mauna Kea Science Reserve, Report No. 05-13, recommended among other things, that the University of Hawaii should revise and update planning documents, including the master plan and leases and subleases, to clearly assign roles and responsibilities for managing Mauna Kea and reflect stewardship matters resolved with the Department of Land and Natural Resources; and

 

     WHEREAS, the Legislature believes the recommendations of the Auditor have not been fully implemented by either the University of Hawaii or the Department of Land and Natural Resources; and

 

     WHEREAS, the Legislature believes that scientific, cultural, and environmental interests, the interests of those with long standing residential ties to Mauna Kea, and the interests of the general community can co-exist through sensitivity and a cultural understanding; and

 

     WHEREAS, the Legislature believes the resources being derived from scientific use of Mauna Kea can be used to support the advancement of Hawaiian culture, persons with long residential associations with the area, and other purposes, in addition to the advancement of science; and

 

     WHEREAS, Mauna Kea is a special place valued by the people of Hawaii and by astronomers throughout the world that demands the highest level of protection and preservation; and

 

WHEREAS, the University of Hawaii and the Department of Land and Natural Resources have made some positive changes to protect Mauna Kea and the Mauna Kea Science Reserve, however, the Legislature believes that much more remains to be done; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the House of Representatives concurring, that the Department of Land and Natural Resources and the University of Hawaii are requested to convene meetings with stakeholders to address stewardship issues and affirm the State's commitment to a cooperative relationship with the varied members of the community interested in Mauna Kea and its unique spiritual, cultural, historical, and natural resources; and

 

     BE IT FURTHER RESOLVED that the University of Hawaii and the Department of Land and Natural Resources are urged to involve the participation of those persons and entities with long standing residential and ancestral ties to Mauna Kea, and to provide all stakeholders an opportunity to find an equitable and meaningful solution to the concerns raised; and

 

     BE IT FURTHER RESOLVED that the University of Hawaii and the Department of Land and Natural Resources keep an open dialogue and cooperation flowing between them and the varied members of the community interested in Mauna Kea and its resources, including its cultural resources; and

 

     BE IT FURTHER RESOLVED that the University of Hawaii be vigilant and mindful of its responsibilities as steward and user of Mauna Kea, and be an equal participant in the meetings; and

 

     BE IT FURTHER RESOLVED that the Department of Land and Natural Resources administer and be an equal participant in the meetings, and reaffirm its duty as keeper of the State's conservation districts, including Mauna Kea; and

 

BE IT FURTHER RESOLVED the Department of Land and Natural Resources is requested to submit its findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2010; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources, the Administrator of the Office of Hawaiian Affairs, the President of the University of


Hawaii, and the Associate Director of the Office of Mauna Kea Management.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

UH; DLNR; Mauna Kea Science Reserve; Mauna Kea