HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII
A BILL FOR AN ACT
relating to mauna kea.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Mauna Kea serves as an important cultural and genealogical site to the people of Hawaii, particularly to Native Hawaiians. The summit region of Mauna Kea is a spiritual and special place of significance that is home to cultural landscapes, fragile habitats, and historical and archaeological artifacts. Due to its topographical prominence, Mauna Kea is also a highly valued site for astronomical advancements, participating in many significant discoveries that contribute to humanity's study and understanding of the universe. However, in recent years, Mauna Kea has come to symbolize a rigid dichotomy between culture and science, often leading to polarization between stakeholders on Mauna Kea and local communities. Therefore, resolving the management issues of Mauna Kea is a top issue in the State.
The legislature further finds that on March 4, 2021, the Hawaii house of representatives adopted House Resolution No. 33, H.D. 1, Regular Session of 2021, to reconcile this mismanagement, mistrust, and polarization by convening the working group to develop recommendations, building on the findings of the Independent Evaluation of the Implementation of the Mauna Kea Comprehensive Management Plan, for a new governance and management structure for Mauna Kea that collaboratively engages with all stakeholders, particularly the Native Hawaiian community.
Based upon the recommendations of the working group, the purpose of this Act is to establish the Mauna Kea stewardship authority.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
MAUNA KEA STEWARDSHIP AUTHORITY
§ -1 Definitions. As used in this chapter, unless the context otherwise requires:
"Authority" means the Mauna Kea stewardship authority.
"Chairperson" means the chairperson of the Mauna Kea stewardship authority.
"Executive director" means the executive director of the Mauna Kea stewardship authority.
"Land" includes all interests therein and natural resources including water, minerals, and all things connected with land, unless expressly provided otherwise.
"Lease" means the right to possess and use land for a term of years.
"Mauna Kea" means all real property that is situated on the mountain on the island of Hawaii known variously as Mauna Kea, Maunakea, Mauna a Wakea, Mauna O Wakea, Ka Mauna a Kea, or Mauna Akea.
"Mauna Kea lands" means all lands held in trust or otherwise controlled by the Mauna Kea stewardship authority.
"Person" includes an individual, a partnership, a corporation, or an association, except as otherwise defined in this chapter.
§ -2 Mauna Kea stewardship authority; established; values and guiding principles. (a) There is established the Mauna Kea stewardship authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter. The authority shall be attached to the office of the chairperson of the board of land and natural resources for administrative purposes.
(b) The authority shall consist of nine voting members: seven members who shall be appointed by the governor subject to section 26-34 and two ex-officio members. The members shall include:
(1) The chair of land and natural resources, or the chairperson's designee;
(2) The chief executive officer of the office of Hawaiian affairs, or the chief executive officer's designee;
(3) An individual with aina resource management expertise and a track record of Hawaii island-based management, nominated by the nominating committee;
(4) An individual with infrastructure and land management experience and a track record of Hawaii island-based management, nominated by the nominating committee;
(5) An individual with educational expertise in p-12 public education; community, culture, and Hawaiian language medium-based education; or post-secondary education, nominated by the nominating committee;
(6) An individual with business and finance experience, nominated by the nominating committee;
(7) A Native Hawaiian individual who is a lineal descendent of a practitioner of Native Hawaiian traditional and customary practices associated with Mauna Kea, nominated by the office of Hawaiian affairs, in coordination with the Edith Kanaka‘ole Foundation and I Ola Hāloa Hawaiian studies program at Hawaii community college;
(8) A Native Hawaiian individual who is a recognized practitioner of Native Hawaiian traditional and customary practices associated with Mauna Kea, nominated by the office of Hawaiian affairs, in coordination with the Edith Kanaka‘ole Foundation and I Ola Hāloa Hawaiian studies program at Hawaii community college; and
(9) A Native Hawaiian individual with expertise in Native Hawaiian traditional and customary practices, nominated by the office of Hawaiian affairs, in coordination with the Edith Kanaka‘ole Foundation and I Ola Hāloa Hawaiian studies program at Hawaii community college;
provided that four of the seven non-ex-officio members of the authority shall be Native Hawaiian residents of the county of Hawaii, with a preference for Native Hawaiian residents of the county of Hawaii for all seven non-ex-officio members.
A majority of all members shall constitute a quorum to do business, and the concurrence of a majority of all members shall be necessary to make any action of the authority valid. All members shall continue in office until their respective successors have been selected, or appointed and confirmed.
(c) The authority shall elect the chairperson from among its non-ex-officio members; provided that the chairperson shall not be the executive director.
(d) The members of the authority shall serve for a term of four years and shall not serve more than two terms; provided that the initial terms shall be staggered, as determined by the governor.
(e) The authority's day-to-day operations shall be led by the executive director who shall serve as the authority's chief executive officer.
(f) The authority shall determine its administration organizational structure and expertise needs, including but not limited to employing rangers to serve as education, general safety, and outreach resources.
(g) The authority shall establish its offices in the county of Hawaii.
(h) The authority shall adopt and follow the following guiding operational values and principles:
(1) Mauna Aloha – We understand the reciprocal value of the mauna and a long-term commitment to maintaining the integrity of Mauna Kea;
(2) ‘Ōpū Kupuna – We understand and embrace a duty and accountability to Mauna Kea, the natural environment, and to perpetuate the Hawaiian cultural values embedded in the sacred landscape of the mauna; and
(3) Holomua ‘Oi Kelakela – We are driven by creativity and innovation, constantly challenging the status quo, with a stewardship of Mauna Kea that is informed based on existing knowledge and traditions, as well as on new and expanding knowledge. We are mindful and observant of needs, trends, and opportunities and seek new knowledge and opportunities in ways that enhance the ability to serve as stewards without jeopardizing the foundation of aina aloha.
§ -3 Nomination process; nominating committee; office of Hawaiian affairs. (a) There shall be established a nominating committee comprised of three members. One member shall be appointed by the speaker of the house of representatives, one member shall be appointed by the senate president, and one member shall be appointed by the chief executive officer of the office of Hawaiian affairs; provided that consideration shall be given to residents of the county of Hawaii.
(b) With regard to its four respective members of the authority, the nominating committee shall develop a list of nominees for consideration by the governor. Prior to developing a list of nominees, the nominating committee shall provide adequate public notice to ensure that the public is aware that applications are being accepted for candidates. Each list for a vacant seat shall contain three names, and all nominees submitted to the governor for selection shall be made public at the time of submission.
(c) With regard to its three respective members of the authority, the office of Hawaiian affairs shall develop a list of nominees for consideration by the governor. In developing the list of nominees, the office of Hawaiian affairs shall seek input from the Native Hawaiian community and work in coordination with the Edith Kanakaole Foundation and I Ola Haloa Hawaiian studies program at Hawaii community college, using the existing selection process for island burial council candidates as a model. The office of Hawaiian affairs, in coordination with the Edith Kanakaole Foundation and I Ola Haloa Hawaiian studies program at Hawaii community college, shall submit at least two names for each of its respective seats on the authority to the governor for consideration. All nominees submitted to the governor for selection shall be made public at the time of submission.
§ -4 Powers and responsibilities; generally. (a) The authority shall hold title to the lands situated on Mauna Kea as identified in section -7 and shall establish access, stewardship, and management policies for Mauna Kea lands, including but not limited to policies pertaining to the protection of natural and cultural resources, all recreational activities, and all commercial uses.
Except as otherwise limited by this chapter, the authority may:
(1) Sue and be sued;
(2) Have a seal and alter the same at pleasure;
(3) Make and execute contracts, leases, and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;
(4) Make and alter bylaws for its organization and internal management;
(5) Adopt rules pursuant to chapter 91 for the purposes of this chapter;
(6) Appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, subject to chapters 76 and 89;
(7) Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;
(8) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;
(9) Contract for and accept gifts or grants in any form from any public agency or from any other source;
(10) Adopt rules governing the procurement and purchase of goods, services, and construction, subject to the requirements of chapter 103D;
(11) Prevent trespassing and other illegal activities on Mauna Kea lands;
(12) Cause all persons trespassing on or unlawfully occupying Mauna Kea lands, and their effects, and all unauthorized animals to be removed therefrom and to impound the animals according to law;
(13) Enter any Mauna Kea lands in order to take possession thereof, and to resume possession of any Mauna Kea lands in case of surrender, forfeiture, or escheat;
(14) Enforce contracts respecting sales, leases, licenses, permits, or other disposition of Mauna Kea lands;
(15) Recover money due the authority for damage done to any Mauna Kea lands by wrongful entry and occupation or by wrongful removal therefrom or destruction of any property;
(16) Bring actions and proceedings as may be necessary to carry out the powers and duties of the authority in the name of the State and to defend actions brought against the State as may be authorized;
(17) Enforce laws and rules within all Mauna Kea lands; and
(18) Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter.
(b) Notwithstanding any other law to the contrary, the authority shall:
(1) Be the sole authority for the management of state-managed lands on Mauna Kea under its jurisdiction, as identified pursuant to section -7;
(2) Protect native Hawaiian rights;
(3) Provide a specific process that ensures transparency, analysis, and justification for lease terms;
(4) Be prohibited from selling, gifting, transferring, or exchanging its land;
(5) Engage in community dialogue, outreach, engagement, and consultation processes, as appropriate, on significant matters not less than on an annual basis and more frequently, as needed;
(6) Be subject to chapters 91, 92, 103D, 183C, 205, 205A, and 343;
(7) Work with the department of land and natural resources conservation and resources enforcement program and Hawaii county police enforcement structure to enforce rules and monitor public safety through cooperative agreement;
(8) Create operational procedures that are guided by its guiding operational values and principles and implemented by enforcement partners; and
(9) Consider various supplemental revenue sources to be deposited into the Mauna Kea management special fund pursuant to section -14, including but not limited to:
(A) Renegotiated lease terms and fees;
(B) Observatory use fees;
(C) Common area maintenance;
(D) Toll fees;
(E) General funds;
(F) Ecosystem service fees;
(G) User fees;
(H) Other surcharges or fee structures; and
(I) State, county, or federal funding.
§ -5 Transition; management plan. (a) The authority shall have a transition period of three years after the effective date of this Act to assume management of its designated Mauna Kea lands.
(b) The authority shall develop a single plan that dictates the management of land uses; human activities, uses, and access, including permitted uses for frequent and seasonal users; stewardship; education; research; disposition; and overall operations. The plan shall:
(1) Be developed during the transition period;
(2) Be finalized, approved, and operational by the end of the transition period;
(3) Be updated every ten years with a focus on long-term, comprehensive, coordinated planning for all of the Mauna Kea lands;
(4) Consider the State's energy and sustainability goals, as well as impacts to climate change, including adapting to climate change and developing mitigation measures to climate change;
(5) Incorporate indigenous management and cultural processes and values; and
(6) Include an aspirational statement to acknowledge and contextualize unresolved social justice issues that underpin Mauna Kea.
§ -6 Astronomy development; framework. The authority shall develop a framework to limit astronomy development on Mauna Kea through development limitations that may include limitations on the number of astronomy facilities or an astronomy facility footprint limitation; provided that in establishing a framework to control astronomy development on Mauna Kea, the authority shall establish a plan to return the mauna above nine thousand two hundred feet elevation to its natural state.
§ -7 Jurisdiction. (a) The authority shall have jurisdiction over Mauna Kea lands that are state-managed lands above the six thousand five hundred foot elevation line, inclusive of Pu‘u Huluhulu to the summit of Mauna Kea.
(b) For lands outside of its jurisdiction on Mauna Kea above the six thousand five hundred foot elevation line, the authority shall enter into cooperative agreements, as necessary, with the department of Hawaiian home lands, county of Hawaii, and private landowners whose lands are within the jurisdictional boundaries.
§ -8 Transfer. The lands under the jurisdiction of the authority shall be held in trust as part of the public land trust; provided that the State shall transfer management and control of the lands to a sovereign Native Hawaiian entity upon its recognition by the United States and the State of Hawaii.
§ -9 Advisory groups; astronomy; native Hawaiian culture. (a) The authority may establish advisory groups to advise the authority in its management of Mauna Kea; provided that the authority shall establish an astronomy advisory group and native Hawaiian advisory group, with preference for Hawaii island resident participation, to provide advice and guidance to the authority on their respective subjects.
(b) Any advisory groups established pursuant to this section shall be convened regularly and be consulted on a broad range of issues relating to their respective purview.
§ -10 Annual report. The authority shall submit an annual report to the legislature at least twenty days prior to the convening of each regular session. The report shall include:
(1) A review of the authority's management actions;
(2) A review of the implementation of all legislatively required plans, including financial and management plans;
(3) A review of the impacts of human uses on the natural and cultural resources of Mauna Kea;
(4) An assessment of cumulative impacts to Mauna Kea; and
(5) A review of all community dialogue, outreach, engagement, and consultation.
§ -11 Access and use; restrictions; orientation; entryway. (a) The authority shall prohibit commercial use and activities, except for astronomy use and activities, above Hale Pohaku and adopt rules to designate areas for permissible use; provided that the authority's rules shall define "commercial use".
(b) The authority shall require an application for all recreational uses, including fees; consider restrictions on Mauna Kea to ensure user compliance; and create guidelines on limits by monitoring the impacts of recreational use over time.
(c) The authority shall require all people accessing Mauna Kea to undergo an annual orientation anchored by the authority's guiding operational values and principles; provided that all employees, contractors, leaseholders, and others who regularly access Mauna Kea shall have more extensive and frequent training on the authority's guiding operational values and principles.
(d) The authority shall determine an appropriate site for an entryway to Mauna Kea as a way to capture information about users, establish an education outreach post, collect fees, and close access to Mauna Kea in case of an emergency.
§ -12 Lease provisions; generally; decommissioning costs. (a) Any lease issued by the authority for the purposes of an astronomical observatory shall ensure that the astronomical observatory shall plan for and finance its decommissioning process on Mauna Kea and return and restore the impacted areas, to the greatest extent possible, to their pre-construction condition; provided that the authority shall determine what site restoration shall be based on, including but not limited to the protection of the natural and cultural resources on Mauna Kea and in accordance with the authority's guiding operational values and principles.
(b) The authority shall develop a process to enforce compliance with lease requirements, including but not limited to establishing fines.
(c) The authority shall establish a trust fund, special fund, or other funding mechanism designated for decommissioning costs that the astronomical observatories shall be required to contribute toward as a condition of their leases; provided that the authority shall determine the required contribution.
§ -13 Rules. (a) The authority shall, to the extent possible, expedite the establishment of rules pursuant to chapter 91 on the management, stewardship, and protection of lands and cultural resources. The rules adopted under this section shall following existing law, rules, ordinances, and regulations as closely as is consistent with standards to meet minimum requirements of good design, health, safety, and coordinated development.
(b) On the effective date of the initial rules adopted pursuant to this section, all rules pertaining to Mauna Kea lands established by the University of Hawaii, including but not limited to the office of Mauna Kea management, Mauna Kea management board, and Kahu Ku Mauna, shall be void.
§ -14 Mauna Kea management special fund. (a) There is established the Mauna Kea management special fund into which shall be deposited:
(1) Appropriations from the legislature;
(2) Moneys from supplemental sources as considered by the authority pursuant to section -4(b)(10);
(3) Any grant or donation made to the special fund; and
(4) Any interest earned on the balance of the special fund.
(b) Proceeds from the special fund shall be used for administration, capital improvement projects, and other purposes pursuant to this chapter.
§ -15 Issuance of bonds. The director of finance may, from time to time, issue general obligation bonds pursuant to chapter 39 in amounts authorized by the legislature for the purposes of this chapter."
SECTION 3. Chapter 304A, part IV, subpart O, Hawaii Revised Statutes, is repealed.
SECTION 4. Section 304A-2170, Hawaii Revised Statutes, is repealed.
[§304A-2170] Mauna Kea lands management special fund. (a) There is established
the Mauna Kea lands management special fund, into which shall be deposited: (1) Appropriations
by the legislature; (2) All
net rents from leases, licenses, and permits, including fees and charges for
the use of land and facilities within the Mauna Kea lands; (3) All
moneys collected for violations of subpart O of part IV; and (4) Interest
earned or accrued on moneys in the special fund. (b)
The proceeds of the special fund shall be used for: (1) Managing
the Mauna Kea lands, including maintenance, administrative expenses, salaries
and benefits of employees, contractor services, supplies, security, equipment,
janitorial services, insurance, utilities, and other operational expenses; and (2) Enforcing
administrative rules adopted relating to the Mauna Kea lands. (c)
No moneys deposited into the Mauna Kea lands management special fund may
be used by the governor or the director of finance as a justification for reducing
any budget request or allotment to the University of Hawaii unless the University
of Hawaii requests the reduction. (d)
The University of Hawaii may establish separate accounts within the
special fund for major program activities. (e)
All expenditures from the special fund shall be subject to legislative
For the purposes of this section, "Mauna Kea lands" shall mean
the same as defined in section 304A-1901."]
SECTION 5. All moneys in the Mauna Kea lands management special fund established pursuant to section 304A-2170, Hawaii Revised Statutes, shall be deposited in the Mauna Kea management special fund established pursuant to section -14, Hawaii Revised Statutes, in section 2 of this Act.
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for startup costs for the Mauna Kea stewardship authority.
The sum appropriated shall be expended by the Mauna Kea stewardship authority for the purposes of this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2022.
Mauna Kea Stewardship Authority; Established; Appropriation
Establishes the Mauna Kea stewardship authority as the sole authority for management of state-managed lands on Mauna Kea. Requires the authority to develop a single plan that dictates the management of land uses; human activities, uses, and access; stewardship, education; research, disposition; and overall operations. Requires the authority to develop a framework to limit astronomy development on Mauna Kea. Prohibits certain commercial use and activities on Mauna Kea. Requires an application and fee for all recreational users of Mauna Kea. Establishes Mauna Kea management special fund. Repeals Mauna Kea lands management special fund. Appropriates funds.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.