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The University of Hawaii on Thursday flew the white flag for defying a law that seeks to unseat it from its role as manager of Mauna Kea summit and its observatories.
In a statement posted on UH’s website, President David Lassner said that while there are various legal and technical concerns about the House Bill 2024, there is much to appreciate about the latest version of the bill and that UH is not asking the governor for a veto would the bill.
Lassner vowed that UH will work “as positively and cooperatively as possible” with the Mauna Kea Stewardship and Oversight Authority Board when and if it is formed under legislation passed by both houses of the state Legislature this week.
Asked about the bill Thursday, Gov. David Ige declined to specify one way or the other regarding the signing. He said he and his staff would review the measure and make a decision within the 45-day veto period.
If Ige opts out, the independent agency would receive $14 million for start-up and transition planning costs and take it over from the university in five years.
After the transition, the 11-member agency body would assume the powers and responsibilities of the state Department of Land and Natural Resources and the state Land Use Commission in a manner similar to the powers conferred on the Kahoolawe Island Reserve Commission.
Under HB 2024, a moratorium on all new observatory leases would be imposed until 2028, the end of the transition period.
The campaign to reshape Mauna Kea’s management was initiated by House leadership with the goal of ending the controversy that has dogged the university over the development of Mauna Kea’s summit for decades. They said their goal is to find a way forward that offers native Hawaiians a role in stewardship of the mountain while providing a stable future for astronomy.
Lawmakers described the end product as a “mutual stewardship paradigm in which ecology, environment, natural resources, cultural practices, education and science are in balance and synergy.”
If enacted, the body of authority would include, among others, a direct descendant and a cultural practitioner from Mauna Kea, as well as a few members representing the university.
The university has previously strongly opposed the original version of HB 2024, saying it would undermine Hawaii’s $110 million astronomy industry. The move to a new agency, UH officials argued, would jeopardize the lengthy and complicated process of extending the land lease at the summit, which is due to expire in 2033.
In his statement Thursday, Lassner said the final version of the bill would make astronomy on Mauna Kea a matter of state policy and include language that would mandate a minimum percentage of viewing time for UH in all future sublets, which will ensure that Hawaii will not become a mere landlord of observatories on Mauna Kea.
“So there’s a lot to appreciate for UH,” Lassner wrote.
While UH has given up opposing the bill, the DLNR has strongly opposed it in a statement released Thursday.
In its statement, the DLNR said the measure could result in poorer management of Mauna Kea’s natural and cultural resources and open the mountain to further development and commercial exploitation without regulatory oversight from other countries in Hawaii.
The statement said the bill creates special legislation for Mauna Kea that bypasses the oversight and control of the DLNR and the Board of Land and Natural Resources.
“This is a dangerous legal precedent that contradicts our state constitution,” it said. And since that law requires the agency to be financially self-sustaining, there will be pressure to open up the preserves to commercial tourism, DLNR said.
In addition, a moratorium on new leases until 2028 will make it harder for existing observatories to seek new leases until 2033, the agency said.
Also opposed to the bill are the Mauna Kea Hui, the group of native Hawaiians who have opposed the Thirty Meter Telescope and other astronomical developments on Mauna Kea.
Mauna Kea Hui leader Kealoha Pisciotta said the proposal would transfer control of Mauna Kea’s ceded lands to an independent agency and relieve the state of its responsibility as a fiduciary to protect and preserve the lands for future generations.
“It’s ridiculous that they call this a Hawaiian bill. There’s nothing Hawaiian about it,” she said.
However, a handful of Mauna Kea observatories welcomed the new agency, saying the “community-based model of mutual governance” will allow astronomy to thrive alongside other interests and cater to the needs of the local community.
“We believe a model of mutual responsibility reflects and is strongly aligned with the broader aspirations of the astronomy profession,” five observatory directors said in a letter, adding that the recently released Astro2020 Decadal Survey suggests the same.
Lassner said that given the dynamics behind the legislation, UH plans to immediately halt all sublease negotiations with the current observatories and plan for further shutdowns.
The bill “clarifies that the new agency will be responsible for deciding whether there will be more or less astronomy on Maunakea than the nine observatories permitted under the current UH master plan,” he said.
“We will also be pausing our work on a new Master Lease and the associated EIS (Environmental Impact Statement). And we will conduct internal analysis to understand how best to resolve the complex long-term commitments we have entered into through our main lease, sub-leases and permits that would be the responsibility of the agency,” Lassner said.
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