House members listen to mix of reviews for new Mauna Kea management

Lawmakers from three state House committees heard a mix of reviews about a proposal to create a new entity to oversee the state-managed lands of Mauna Kea during a special meeting Saturday.

Decision-making on House Bill 2024, which would replace the University of Hawaii with an independent Mauna Kea Stewardship Authority, was postponed until 1 1 a.m. Wednesday.

“We acknowledge the very strong opinions on all sides of this issue, and this debate is not over,” said Rep. David Tarnas, chairman of the House Committee on Water and Land, who presided over Saturday’s hearing.

If approved, the legislation would replace UH oversight with a nine-member governing board tasked with developing a plan for managing land uses, human activities, access, stewardship and overall operations on the mountain, among other things.

The bill requires the new entity to develop a framework to limit astronomy development, prohibit certain commercial uses and create a plan to return the summit to its natural state.

The new authority board would be composed of at least three Native Hawaiian members but no one specifically from the astronomy community and would take full control following a three-year transition period.

The bill reflects the findings of the Mauna Kea Working Group established in 2021 by the state House to come up with an alternative form of management for the state lands above 6,500 feet.

With Hawaii’s tallest mountain shrouded in controversy in recent years, Tarnas said the special joint meeting with committee membership representing more than half of the state House of Representatives was held on Saturday to give the public greater opportunity to provide input on the proposal.

During more than two hours Saturday, members of the business and astronomy communities generally testified against the bill, while Native Hawaiians offered support.

Both the state Department of Land and Natural Resources and the University of Hawaii testified against the measure.

Land Board Chairwoman Suzanne Case called the bill well-intentioned but unnecessary. She said an independent audit described Mauna Kea as some of the state’s best managed lands.

The university’s Greg Chun agreed, saying oversight of the mountain has improved dramatically in recent years, and the university is working hard to improve its outreach to Native Hawaiians — an aspect of management that was criticized in DLNR’s evaluation report.

Chun, head of UH’s Center for Maunakea Stewardship, said HB2024 underestimates the complexities and costs of managing the Mauna Kea public lands and doesn’t allow enough time for a full transition period, which could jeopardize renewal of the lease agreement for astronomy on the summit.

But Kamehameha Schools Vice President Ka‘eo Duarte said the proposed authority is important to address past management issues and have “pono stewardship” going forward.

“A new Mauna Kea Stewardship Authority is an appropriate next step, creating the venue for diverse expertise, perspectives and community voices, which are meaningfully elevated in the decision-making process — and one that we urge places Mauna Kea at the head of the table,” he said.

Wendy Laros, president of the Kona-Kohala Chamber of Commerce, said the chamber strongly backs astronomy and objects to the proposal’s plan to return the summit back to its natural state, among other things.

“We believe the University of Hawaii is by far the best option for a management structure on Mauna Kea,” she said.

A handful of tour operators and vendors who rely on access to the mountain testified against the bill.

Jason Cohn, president of tour operator Hawaii Forest & Trail, said that if the new authority prohibits commercial operations, his company is looking at cutting eight to 10 jobs and reducing the salaries of five to seven other positions. The company would end up spending $100,000 less for catering services, he said, and reduce spending on auto mechanic services by $40,000.

“Now multiply this impact against the seven other operators on the mountain,” Cohn said.“We would consider shutting down our business all together.”

Mauna Kea astronomer Thayne Currie called the measure reckless because it puts astronomy on Mauna Kea at risk.

“This is a fatally flawed bill that will result in poorer management of Mauna Kea, not better,” he said.

Currie said the bill talks about collaboratively engaging all stakeholders but leaves astronomy in the cold.

“Astronomy on Mauna Kea is a valuable resource for the state, generating hundreds of millions of dollars in revenue per year,” he said. “Mauna Kea is the strongest site for astronomy in this hemisphere. It is a blindingly obvious stakeholder, so it is inappropriate for astronomy not to have strong representative voices in the management of Mauna Kea.”

Several testifiers said the bill ultimately would be struck down by the courts for having a race-based requirement in the selection of board members.

However, University of Hawaii professor Davianna McGregor said the state Constitution allows for special treatment of Native Hawaiians in cultural and religious issues.

“It’s our responsibility to protect our Native Hawaiian cultural, subsistence and religious rights,” she said.

Asked about the constitutionality of the bill, state Deputy Attorney General Linda Chow said there are already state laws with race-based provisions that have not been struck down by the courts.

“We can’t say it’s unconstitutional,” she said, “because only a court can determine whether it’s unconstitutional.”

Sam King, a Native Hawaiian attorney who has been leading a campaign in support of the planned Thirty Meter Telescope, testified in opposition, saying the legislation is actually all about stopping the TMT.

“In the end, the management of Mauna Kea is being done very, very well,” he said. “And this is just going to create delay, obfuscation and chaos in the astronomy industry, which is what the protesters are trying to accomplish.”

The House committees on Water & Land, Judiciary & Hawaiian Affairs, and Finance will reconvene at 11 a.m. Wednesday in Conference Room 430 at the state Capitol and via videoconference.