HB 2592: Mauna Kea; MKSOA; UH; Transfer; Transition Period; Lease Transfer; BLNR; DLNR; Continuity of Plans and Administrative Rules; Sovereign Immunity; Extension; Reversion

A BILL FOR AN ACT

RELATING TO THE MAUNA KEA STEWARDSHIP AND OVERSIGHT AUTHORITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that refinements to the laws that confer the responsibilities and powers on the Mauna Kea stewardship and oversight authority are needed to ensure that management of Mauna Kea continues to embody a paradigm of balance and reciprocity that protects the mountain's ecological character, perpetuates Native Hawaiian traditional and customary rights and practices, and supports the State's global leadership in astronomy.

     The legislature recognizes that Mauna Kea is a rare and extraordinary place that evokes cultural, spiritual, environmental, and scientific significance.  The summit region encompasses fragile ecosystems, important historical and archaeological sites, and sacred landscapes interwoven into the fabric of Native Hawaiian identity.  At the same time, Mauna Kea's unique topography and atmospheric conditions have made it the world's premier site for astronomical research, enabling countless advancements in humanity's millennia-long yearning to comprehend the principles, origins, and evolution of the cosmos.

     The legislature acknowledges that due to this confluence of significance, decades of tension have arisen over stewardship of the mauna.  In 2022, the legislature established the Mauna Kea stewardship and oversight authority through Act 255, Session Laws of Hawaii 2022, to govern Mauna Kea in a more harmonious and collaborative manner by requiring that the governance be with mutual stewardship and balance as guiding principles.  The legislature charged the authority to manage Mauna Kea through a mindset that honors and perpetuates Native Hawaiian cultural practices, safeguards natural resources, and allows for the responsible advancement of astronomy while maintaining the mountain's spiritual, cultural, and environmental integrity.  The legislature believes that the governance provided by the Mauna Kea stewardship and oversight authority will bring about an era of mutually beneficial coexistence between all parties with interest in Mauna Kea.

     The legislature further recognizes the need for continued refinement of the Mauna Kea stewardship and oversight authority's jurisdiction and responsibilities.  Strengthened guidance will ensure that the authority manages Mauna Kea with transparency, accountability, and respect through the bedrock values of mauna aloha, ʻōpū kūpuna, holomua ʻoi kelakela, kānāwai, ʻohana, and kuleana.

     Accordingly, the purpose of this Act is to clarify the powers of the Mauna Kea stewardship and oversight authority so that it may properly carry out its responsibilities regarding land use on Mauna Kea.

PART II

     SECTION 2.  The purpose of this part is to:

     (1)  Specify that on June 30, 2028, and December 31, 2029, Act 255, Session Laws of Hawaii 2022, and chapter 195H, Hawaii Revised Statutes, shall be repealed and management authority over Mauna Kea lands shall revert to the university of Hawaii, respectively, if the deadline to adopt a management plan or to submit proposed rules to the governor is not met;

     (2)  Extend the date on which all rights, powers, functions, and duties of the university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of Act 255, Session Laws of Hawaii 2022, will be transferred to the Mauna Kea stewardship and oversight authority, from July 1, 2028, to December 1, 2029, to ensure all applicable stakeholders have sufficient time to implement a successful transition; and

     (3)  Clarify that the oversight and interest of the Mauna Kea stewardship and oversight authority in the Mauna Kea lands shall be no more than what is expressly granted under chapter 195H, Hawaii Revised Statutes.

     SECTION 3.  Section 171-3, Hawaii Revised Statutes, is amended to read as follows:

     "§171-3  Department of land and natural resources.  (a)  The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources.  The department shall manage, administer, and exercise control over public lands, the water resources, ocean waters, navigable streams, coastal areas (excluding commercial harbor areas), and minerals and all other interests therein and exercise such powers of disposition thereof as may be authorized by law.  The department shall also manage and administer the state parks, historical sites, forests, forest reserves, aquatic life, aquatic life sanctuaries, public fishing areas, boating, ocean recreation, coastal programs, wildlife, wildlife sanctuaries, game management areas, public hunting areas, natural area reserves, and other functions assigned by law.

     (b)  Notwithstanding subsection (a), beginning January 1, 2010, the authority to manage, administer, and exercise control over any public lands that are designated important agricultural lands pursuant to section 205-44.5, shall be transferred to the department of agriculture and biosecurity.

     (c)  Notwithstanding subsection (a), to the extent specified in chapter 195H, the authority to manage, administer, and exercise control over public lands defined as Mauna Kea lands in section 195H-2 is transferred to the Mauna Kea stewardship and oversight authority."

     SECTION 4.  Section 195H-6, Hawaii Revised Statutes, is amended as follows:

     1.  By amending its title and subsections (a) and (b) to read:

     "[[]§195H-6[]]  Transition; management plan.  (a)  The authority shall have a transition period of [five years] seventy-seven months beginning July 1, 2023[;] and ending December 1, 2029; provided that all of the initial members have been confirmed by the senate.  During the transition period, the authority shall jointly manage Mauna Kea lands with the [University] university of Hawaii; provided that the authority's day-to-day operations shall be carried out by the center of Mauna Kea stewardship for the transition period established in this subsection.

     (b)  The authority shall develop a management plan to govern land uses; human activities, other uses, and access, including permitted uses for frequent and seasonal users; stewardship; education; research; disposition; and overall operations.  The management plan shall:

     (1)  Be developed during the transition period;

     (2)  [Be finalized, approved, and operational by the end of the transition period;] Be adopted by the authority before June 30, 2028, and be operational by December 1, 2029, the end of the transition period;

  [[](3)[]]Be updated at least every ten years with a focus on long-term, comprehensive, and 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)[] ]Prepare for and establish the framework, criteria, and procedures for any leases and permits;

  [[](6)[]]Incorporate indigenous management and cultural processes and values; and

  [[](7)[]]Include an aspirational statement to acknowledge and contextualize unresolved social justice issues that underpin the conservation, preservation, and public use of Mauna Kea."

     2.  By amending subsection (f) to read:

     "(f)  Notwithstanding any other law to the contrary, commencing on July 1, 2022, and until the expiration of the transition period, no new lease shall be issued [and no existing lease shall be renewed] involving any Mauna Kea lands; provided that, upon the expiration of an existing lease during the transition period, a lessee may continue to hold the land as a holdover, subject to any terms and conditions as may be mutually agreed upon by the authority and University of Hawaii."

     SECTION 5.  Section 195H-13, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§195H-13[]]  Rules.  (a)  [In addition to any other rulemaking powers authorized under this chapter, the] The authority [may] shall adopt rules that implement, interpret, or prescribe law or policy, or the organization, procedures, or practice requirements, pursuant to chapter 91 [on], for the management, stewardship, oversight, and protection of the Mauna Kea lands and their cultural resources.  The rules adopted under this section shall follow existing laws, rules, ordinances, and regulations as closely as is consistent with standards to meet minimum requirements of good design, health, safety, and coordinated development.

     (b)  The authority [may adopt] shall submit proposed rules to the governor before [the end of the transitional five-year period established in section 195H-6;] December 31, 2029; provided that the rules shall not go into effect until the transition period is completed."

     SECTION 6.  Act 255, Session Laws of Hawaii 2022, is amended as follows:

     1.  By amending section 7 to read:

     "SECTION 7.  (a)  On [July 1, 2028,] December 1, 2029, all rights, powers, functions, and duties of the [University] university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of this Act are transferred to the Mauna Kea stewardship and oversight authority.

     (b)  Notwithstanding the transfer of all rights, powers, functions, and duties pursuant to subsection (a), the [state lease] leases by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended [on September 21, 1999, as], and General Lease S-5529[,] shall remain in full force and effect until [its] their respective expiration dates unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii.

     (c)  Upon the assignment of all rights, powers, and duties of the [University] university of Hawaii to the Mauna Kea stewardship and oversight authority pursuant to subsection (a), the [University] university of Hawaii shall be released from any and all obligations under the state lease by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended [on September 21, 1999, as], and General Lease S-5529, and any conservation district use application permits appertaining thereto, unless otherwise specifically agreed upon pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii; provided that the transfer and release authorized under this subsection shall not apply to any litigation pending on [June 30, 2028,] November 30, 2029, relating to General Lease S-4191, as amended [on September 21, 1999, as], and General Lease S-5529, or any conservation district use application permit appertaining thereto, to which the [University] university of Hawaii is a party.

     (d)  [Notwithstanding subsection (b) or any action that is a consequence of this Act, including a merger of interests, effective July 1, 2028, every reference to the department of land and natural resources, board of land and natural resources, or the chairperson of the board of land and natural resources in those deeds, leases, subleases, contracts, loans, agreements, permits, or other documents relating to Mauna Kea lands shall be construed as a reference to the Mauna Kea stewardship and oversight authority or the chairperson of the authority, as appropriate; provided that all] All deeds, leases, subleases, contracts, loans, agreements, permits, or other documents executed or entered into [prior to] before the effective date of this Act, by or on behalf of the department of land and natural resources or the board of land and natural resources pursuant to the Hawaii Revised Statutes that are reenacted or made applicable to the Mauna Kea stewardship and oversight authority by this Act, shall remain in full force and effect until [its] their respective expiration dates unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii."

     2.  By amending section 16 to read:

     "SECTION 16.  On the close of business on [June 30, 2028,] December 1, 2029, 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 [   -15,] 195H-15, Hawaii Revised Statutes, in part I, section 2, of this Act."

     3.  By amending section 18 to read:

     "SECTION 18.  This Act shall take effect on July 1, 2022; provided that part IV shall take effect on [July 1, 2028.] December 1, 2029."

     SECTION 7.  Notwithstanding any provision herein or any other law to the contrary, title to the Mauna Kea lands shall remain with the State.  The board of land and natural resources shall retain the leased-fee interest or fee interest, as the case may be, in the Mauna Kea lands.

     SECTION 8.  Act 255, Session Laws of Hawaii 2022, is repealed.

     SECTION 9.  Chapter 195H, Hawaii Revised Statutes, is repealed.

PART III

     SECTION 10.  The purpose of this part is to clarify that the existing plans and administrative rules under which Mauna Kea is currently governed shall continue in full force and effect until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.

     SECTION 11.  (a)  Notwithstanding section 195H-6(b)(2), Hawaii Revised Statutes, or any other law to the contrary, the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii to implement provisions of the Hawaii Revised Statutes that are:

     (1)  Repealed by part IV of Act 255, Session Laws of Hawaii 2022; or

     (2)  Otherwise reenacted or made applicable to the Mauna Kea stewardship and oversight authority by Act 255, Session Laws of Hawaii 2022,

shall remain in full force and effect, including times subsequent to December 1, 2029, until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.  The Mauna Kea stewardship and oversight authority, when adopting a superseding master plan, management plan, or administrative rule, or any portion thereof, shall affirmatively state through a public notice issued in accordance with section 1-28.5, Hawaii Revised Statutes, which existing plan or rule, or portion thereof, is superseded.

     (b)  If the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii remain in effect after December 1, 2029, every reference to the university of Hawaii, center for Mauna Kea stewardship, office of Mauna Kea management, board of regents, president of the university of Hawaii, or other similar term in the master plan, management plan, or administrative rule is amended to refer to the Mauna Kea stewardship and oversight authority, unless the context clearly requires otherwise.

PART IV

     SECTION 12.  Section 195H-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the Mauna Kea stewardship and oversight authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter.  The authority shall serve jointly with the [University] university of Hawaii in fulfilling the obligations and duties under the state lease for a period of five years as established in section 195H-6.  The authority shall be placed within the department of land and natural resources for administrative purposes[; provided that section [26-35] shall not apply to the authority.] and, pursuant to section 26-35(b), is an arm of the State and shall have the same sovereign immunity available to the State."

PART V

     SECTION 13.  The purpose of this part is to authorize the Mauna Kea stewardship and oversight authority to extend existing leases and subleases before the transfer of powers and duties pertaining to Mauna Kea lands to the authority for up to an additional ten-year term.

     SECTION 14.  Section 195H-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Notwithstanding any law to the contrary, all powers and duties of the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, concerning permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands are transferred to the authority upon the expiration of the transition period; provided that the authority may extend existing leases and subleases before the transfer for up to an additional ten-year term; provided further that the authority shall have all necessary powers and authorities to consider and grant lease extensions, before the transition period expires, without the approval of the board of land and natural resources and the land use commission, and any extensions granted during the transition period under this section shall be exempt from chapter 343, term restrictions in section 171-36, or sections 171-36.5 and 171-95.1; provided further that the transfer of such powers and duties from the board of land and natural resources and the land use commission may occur earlier, upon approval of the authority, the board of land and natural resources, and the land use commission.  Upon the expiration of the transition period, the authority shall carry out the powers and duties otherwise conferred upon the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, with regard to permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands."

PART VI

     SECTION 15.  (a)  If the Mauna Kea stewardship and oversight authority fails to adopt a management plan before June 30, 2028, as required by section 195H-6(b)(2), Hawaii Revised Statutes, the governor shall inform the president of the senate and speaker of the house of representatives on June 30, 2028, that the condition in section 18(1) of this Act has occurred.

     (b)  If the Mauna Kea stewardship and oversight authority fails to submit proposed administrative rules to the governor before December 31, 2029, as required by section 195H-13(b), Hawaii Revised Statutes, the governor shall inform the president of the senate and speaker of the house of representatives on December 31, 2029, that the condition in section 18(2) of this Act has occurred.

     SECTION 16.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 17.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 18.  This Act shall take effect upon its approval; provided that:

     (1)  If the Mauna Kea stewardship and oversight authority fails to adopt a management plan for Mauna Kea before June 30, 2028, as provided in section 195H-6(b)(2), Hawaii Revised Statutes, on June 30, 2028:

          (A)  Sections 8 and 9 of this Act shall take effect;

          (B)  Section 28-8.3(a) and (c), Hawaii Revised Statutes, shall be reenacted in the form in which it read on June 29, 2028, excluding the amendments made to that section by Act 255, Session Laws of Hawaii 2022;

          (C)  Section 76-16(b), Hawaii Revised Statutes, shall be reenacted in the form in which it read on June 29, 2028, excluding the amendments made to that subsection by Act 255, Session Laws of Hawaii 2022;

          (D)  Section 3 of this Act shall be repealed, and section 171-3, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act; and

          (E)  Management authority over Mauna Kea lands, as defined in section 304A-1901, Hawaii Revised Statutes, before it is repealed, shall revert to the university of Hawaii; or

     (2)  If the Mauna Kea stewardship and oversight authority fails to submit proposed administrative rules allowing the authority to effectively manage Mauna Kea in accordance with the management plan to the governor before December 31, 2029, as provided in section 195H‑13(b), Hawaii Revised Statutes, on December 31, 2029:

          (A)  Sections 8 and 9 of this Act shall take effect;

          (B)  Section 28-8.3(a) and (c), Hawaii Revised Statutes, shall be reenacted in the form in which it read on December 30, 2029, excluding the amendments made to that section by Act 255, Session Laws of Hawaii 2022;

          (C)  Section 76-16(b), Hawaii Revised Statutes, shall be reenacted in the form in which it read on December 30, 2029, excluding the amendments made to that subsection by Act 255, Session Laws of Hawaii 2022;

          (D)  Section 3 of this Act shall be repealed, and section 171-3, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act; and

          (E)  Management authority over Mauna Kea lands, as defined in section 304A-1901, Hawaii Revised Statutes, before it is repealed, shall revert to the university of Hawaii.

Report Title:

Mauna Kea; MKSOA; UH; Transfer; Transition Period; Lease Transfer; BLNR; DLNR; Continuity of Plans and Administrative Rules; Sovereign Immunity; Extension; Reversion

Description:

Part II:  Clarifies the powers of the Mauna Kea Stewardship and Oversight Authority so that it may carry out its intended duties regarding land use on Mauna Kea.  Adds reversion dates of 6/30/2028 and 12/31/2029 if the deadline to adopt a management plan or to submit proposed administrative rules to the Governor is not met; extends the transition period to 12/1/2029; clarifies that the oversight and interest of MKSOA in the Mauna Kea lands shall be no more than what is expressly granted in chapter 195H, HRS; and clarifies that title to Mauna Kea lands shall remain with the State.  Part III:  Provides that the existing plans and administrative rules adopted or developed by UH under which Mauna Kea is currently governed remain in effect until plans and administrative rules adopted by MKSOA take effect.  Part IV:  Clarifies that MKSOA has state sovereign immunity.  Part V:  Authorizes MKSOA to extend leases and subleases before the transfer, for up to an additional ten-year term.  (CD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE MAUNA KEA STEWARDSHIP AND OVERSIGHT AUTHORITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that refinements to the law that affirms the Mauna Kea stewardship and oversight authority's role and powers will ensure that management of Mauna Kea continues to embody a paradigm of balance and reciprocity that protects the mountain's sacred and ecological character, perpetuates Native Hawaiian traditional and customary rights, and supports the State's global leadership in astronomy.

     The legislature recognizes that Mauna Kea is a rare and extraordinary place that evokes profound cultural, spiritual, environmental, and scientific significance.  The summit region encompasses fragile ecosystems, important historical and archaeological sites, and sacred landscapes interwoven into the fabric of Native Hawaiian identity.  At the same time, Mauna Kea's unique topography and atmospheric conditions have made it the world's premier site for astronomical research, enabling countless advancements in humanity's millennia-long yearning to comprehend the principles, origins, and evolution of the cosmos.

     The legislature acknowledges that due to this confluence of significance, decades of tension have arisen over stewardship of the mauna.  In 2022, the legislature established the Mauna Kea stewardship and oversight authority through Act 255, Session Laws of Hawaii 2022, to govern Mauna Kea in a more harmonious and collaborative manner by requiring that the governance be with mutual stewardship and balance as guiding principles.  The legislature charged the authority to manage Mauna Kea through a mindset that honors and perpetuates Native Hawaiian cultural practices, safeguards natural resources, and allows for the responsible advancement of astronomy while maintaining the mountain's spiritual, cultural, and environmental integrity.  The legislature believes that the governance provided by the Mauna Kea stewardship and oversight authority will bring about an era of mutually beneficial coexistence between all parties with interest in Mauna Kea.

     The legislature further recognizes the need for continued refinement of the Mauna Kea stewardship and oversight authority's jurisdiction and responsibilities.  Strengthened guidance will ensure that the authority manages Mauna Kea with transparency, accountability, and respect through the bedrock values of mauna aloha, ʻōpū kūpuna, holomua ʻoi kelakela, kānāwai, ʻohana, and kuleana.

     Accordingly, the purpose of this Act is to clarify the powers of the Mauna Kea stewardship and oversight authority so that it may properly carry out its responsibilities regarding land use on Mauna Kea.

PART II

     SECTION 2.  The purpose of this part is to:

     (1)  Add reversion dates of June 30, 2028, and December 31, 2029, upon which Act 255, Session Laws of Hawaii 2022, shall be repealed and management authority over Mauna Kea lands shall revert to the university of Hawaii, if times for the adoption of a management plan or rules for the management plan are not met;

     (2)  Extend the date on which all rights, powers, functions, and duties of the university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of Act 255, Session Laws of Hawaii 2022, will be transferred to the Mauna Kea stewardship and oversight authority, from July 1, 2028, to December 1, 2029, to ensure all applicable stakeholders have sufficient time to implement a successful transition; and

     (3)  Clarify that the oversight and interest of Mauna Kea stewardship and oversight authority in the Mauna Kea lands shall be no more than the university of Hawaii's leasehold interest in the Mauna Kea lands unless otherwise agreed to by the board of land and natural resources.

     SECTION 3.  Section 195H-6, Hawaii Revised Statutes, is amended by amending its title and subsections (a) and (b) to read as follows:

     "[[]§195H-6[]]  Transition; management plan.  (a)  The authority shall have a transition period of [five years] seventy-seven months beginning July 1, 2023[;] and ending December 1, 2029; provided that all of the initial members have been confirmed by the senate.  During the transition period, the authority shall jointly manage Mauna Kea lands with the [University] university of Hawaii; provided that the authority's day-to-day operations shall be carried out by the center of Mauna Kea stewardship for the transition period established in this subsection.

     (b)  The authority shall develop a management plan to govern land uses; human activities, other uses, and access, including permitted uses for frequent and seasonal users; stewardship; education; research; disposition; and overall operations.  The management plan shall:

     (1)  Be developed during the transition period;

     (2)  Be adopted by the authority before June 30, 2028;

    [(2)] (3)  Be finalized, approved, and operational by the end of the transition period;

    [(3)] (4)  Be updated at least every ten years with a focus on long-term, comprehensive, and coordinated planning for all of the Mauna Kea lands;

    [(4)] (5)  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)] (6)  Prepare for and establish the framework, criteria, and procedures for any leases and permits;

    [(6)] (7)  Incorporate indigenous management and cultural processes and values; and

    [(7)] (8)  Include an aspirational statement to acknowledge and contextualize unresolved social justice issues that underpin the conservation, preservation, and public use of Mauna Kea."

     SECTION 4.  Section 195H-13, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§195H-13[]]  Rules.  (a)  In addition to any other rulemaking powers authorized under this chapter, the authority [may] shall adopt rules pursuant to chapter 91 on the management, stewardship, oversight, and protection of Mauna Kea lands and cultural resources.  The rules adopted under this section shall follow existing laws, rules, ordinances, and regulations as closely as is consistent with standards to meet minimum requirements of good design, health, safety, and coordinated development.

     (b)  The authority [may adopt] shall send proposed rules to the governor before [the end of the transitional five-year period established in section 195H-6;] December 31, 2029; provided that the rules shall not go into effect until the transition period is completed."

     SECTION 5.  Act 255, Session Laws of Hawaii 2022, is amended by amending section 7 to read as follows:

     "SECTION 7.  (a)  On [July 1, 2028,] December 1, 2029, all rights, powers, functions, and duties of the [University] university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of this Act are transferred to the Mauna Kea stewardship and oversight authority.

     (b)  Notwithstanding the transfer of all rights, powers, functions, and duties pursuant to subsection (a), the state lease by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii.

     (c)  Upon the assignment of all rights, powers, and duties of the [University] university of Hawaii to the Mauna Kea stewardship and oversight authority pursuant to subsection (a), the [University] university of Hawaii shall be released from any and all obligations under the state lease by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, and any conservation district use application permits appertaining thereto, unless otherwise specifically agreed upon pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii; provided that the transfer and release authorized under this subsection shall not apply to any litigation pending on June 30, 2028, relating to General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, or any conservation district use application permit appertaining thereto, to which the [University] university of Hawaii is a party.

     (d)  [Notwithstanding subsection (b) or any action that is a consequence of this Act, including a merger of interests, effective July 1, 2028, every reference to the department of land and natural resources, board of land and natural resources, or the chairperson of the board of land and natural resources in those deeds, leases, subleases, contracts, loans, agreements, permits, or other documents relating to Mauna Kea lands shall be construed as a reference to the Mauna Kea stewardship and oversight authority or the chairperson of the authority, as appropriate; provided that all] All deeds, leases, subleases, contracts, loans, agreements, permits, or other documents executed or entered into [prior to] before the effective date of this Act, by or on behalf of the department of land and natural resources or the board of land and natural resources pursuant to the Hawaii Revised Statutes that are reenacted or made applicable to the Mauna Kea stewardship and oversight authority by this Act, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii."

     SECTION 6.  Notwithstanding any provision herein or any other law to the contrary, the Mauna Kea stewardship and oversight authority's interest in the Mauna Kea lands shall be no more than the university of Hawaii's leasehold interest in the Mauna Kea lands unless otherwise agreed to by the board of land and natural resources.  The board of land and natural resources shall retain the leased-fee interest or fee interest, as the case may be, in the Mauna Kea lands.

     SECTION 7.  Act 255, Session Laws of Hawaii 2022, is amended by amending section 18 to read as follows:

     "SECTION 18.  This Act shall take effect on July 1, 2022; provided that part IV shall take effect on [July 1, 2028.] December 1, 2029."

     SECTION 8.  If the Mauna Kea stewardship and oversight authority fails to:

     (1)  Adopt a management plan for Mauna Kea before June 30, 2028, as provided in section 195H-6(b)(2), Hawaii Revised Statutes; or

     (2)  Send proposed administrative rules allowing the authority to effectively manage Mauna Kea in accordance with the management plan to the governor before December 31, 2029, as provided in section 195H‑13(b), Hawaii Revised Statutes,

Act 255, Session Laws of Hawaii 2022, shall be repealed and management authority over Mauna Kea lands, as defined in section 304A-1901, Hawaii Revised Statutes, shall revert to the university of Hawaii.

PART III

     SECTION 9.  The legislature finds that the Mauna Kea stewardship and oversight authority is currently developing permanent and detailed master, management, and financial plans; frameworks for astronomy-related development; and administrative rules.  These documents must be cultivated in a deliberate and mindful way.  However, the legislature also recognizes that there is limited time before the end of the statutorily established transition period, after which the Mauna Kea stewardship and oversight authority will assume full management of Mauna Kea.  Due to these time constraints, the Mauna Kea stewardship and oversight authority's permanent plans and rules may not be formally adopted before the end of the transition period on December 1, 2029, as amended by part III of this Act.

     Accordingly, the purpose of this part is to clarify that the existing plans and administrative rules under which Mauna Kea is currently governed shall continue in full force and effect until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.

     SECTION 10.  (a)  Notwithstanding section 195H-6(b)(2), Hawaii Revised Statutes, or any other law to the contrary, the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii to implement provisions of the Hawaii Revised Statutes that are:

     (1)  Repealed by part IV of Act 255, Session Laws of Hawaii 2022; or

     (2)  Otherwise reenacted or made applicable to the Mauna Kea stewardship and oversight authority by Act 255, Session Laws of Hawaii 2022,

shall remain in full force and effect, including times subsequent to December 1, 2029, until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.  The Mauna Kea stewardship and oversight authority, when adopting a superseding master plan, management plan, or administrative rule, or any portion thereof, shall affirmatively state through a public notice issued in accordance with section 1-28.5, Hawaii Revised Statutes, which existing plan or rule, or portion thereof, is superseded.

     (b)  If the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii remain in effect after December 1, 2029, every reference to the university of Hawaii, center for Mauna Kea stewardship, office of Mauna Kea management, board of regents, president of the university of Hawaii, or other similar term in the master plan, management plan, or administrative rule is amended to refer to the Mauna Kea stewardship and oversight authority, unless the context clearly requires otherwise.

PART IV

     SECTION 11.  The legislature finds that the Mauna Kea stewardship and oversight authority, as an arm of the State, should have the same sovereign immunity available to other administratively attached state agencies.

     Therefore, the purpose of this part is to clarify that the Mauna Kea stewardship and oversight authority falls under the State's sovereign immunity by explicitly making section 26‑35(b), Hawaii Revised Statutes, applicable to the authority.

     SECTION 12.  Section 195H-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the Mauna Kea stewardship and oversight authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter.  The authority shall serve jointly with the [University] university of Hawaii in fulfilling the obligations and duties under the state lease for a period of five years as established in section 195H-6.  The authority shall be placed within the department of land and natural resources for administrative purposes; provided that section [26-35] 26-35(a) shall not apply to the authority."

PART V

     SECTION 13.  The purpose of this part is to authorize the Mauna Kea stewardship and oversight authority to extend existing leases and subleases before the transfer of powers and duties pertaining to Mauna Kea lands to the authority for up to an additional ten-year term.

     SECTION 14.  Section 195H-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Notwithstanding any law to the contrary, all powers and duties of the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, concerning permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands are transferred to the authority upon the expiration of the transition period; provided that the authority may extend existing leases and subleases before the transfer for up to an additional ten-year term; provided further that the authority shall have all necessary powers and authorities to consider and grant lease extensions, before the transition period expires, and any extensions of existing leases and subleases shall be exempt from chapter 343, term restrictions as provided in section 171-36, and exceptions provided in sections 171-36.5 and 171-95.1; provided further that the transfer of such powers and duties from the board of land and natural resources and the land use commission may occur earlier, upon approval of the authority, the board of land and natural resources, and the land use commission.  Upon the expiration of the transition period, the authority shall carry out the powers and duties otherwise conferred upon the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, with regard to permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands."

PART VI

     SECTION 15.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 16.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 17.  This Act shall take effect on July 1, 3000.

Report Title:

Mauna Kea; MKSOA; UH; Conservation District Use Permit; Transfer; Astronomical Observatories; Lease Transfer; Fee Transfer; BLNR; DLNR; Continuity of Plans and Administrative Rules; Sovereign Immunity; Extension; Reversion

Description:

Part I:  Clarifies the powers of the Mauna Kea Stewardship and Oversight Authority so that it may carry out its intended duties regarding land use on Mauna Kea.  Part II:  Adds reversion dates of 6/30/2028 and 12/31/2029 if timelines requiring the adoption of a management plan or sending of proposed administrative rules to the Governor are not met; extends the transition period to 12/1/2029; requires the University of Hawaii to transfer the various Mauna Kea astronomical observatory conservation district use permits to the astronomical observatories; clarifies that the oversight and interest of MKSOA in the Mauna Kea lands shall be no more than the University of Hawaii's leasehold interest in the Mauna Kea lands unless otherwise agreed to by the Board of Land and Natural Resources.  Part III:  Provides that the existing plans and administrative rules adopted or developed by UH under which Mauna Kea is currently governed remain in effect until plans and administrative rules adopted by MKSOA take effect.  Part IV:  Clarifies that MKSOA has state sovereign immunity.  Part V:  Authorizes MKSOA to extend leases and subleases before the expiration of the transition for up to an additional ten-year term.  Effective 7/1/3000.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE MAUNA KEA STEWARDSHIP AND OVERSIGHT AUTHORITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that refinements to the law that affirms the Mauna Kea stewardship and oversight authority's role and powers will ensure that management of Mauna Kea continues to embody a paradigm of balance and reciprocity that protects the mountain's sacred and ecological character, perpetuates Native Hawaiian traditional and customary rights, and supports the State's global leadership in astronomy.

     The legislature recognizes that Mauna Kea is a rare and extraordinary place that evokes profound cultural, spiritual, environmental, and scientific significance.  The summit region encompasses fragile ecosystems, important historical and archaeological sites, and sacred landscapes interwoven into the fabric of Native Hawaiian identity.  At the same time, Mauna Kea's unique topography and atmospheric conditions have made it the world's premier site for astronomical research, enabling countless advancements in humanity's millennia-long yearning to comprehend the principles, origins, and evolution of the cosmos.

     The legislature acknowledges that due to this confluence of significance, decades of tension have arisen over stewardship of the mauna.  In 2022, the legislature established the Mauna Kea stewardship and oversight authority through Act 255, Session Laws of Hawaii 2022, to govern Mauna Kea in a more harmonious and collaborative manner by requiring that the governance be with mutual stewardship and balance as guiding principles.  The legislature charged the authority to manage Mauna Kea through a mindset that honors and perpetuates Native Hawaiian cultural practices, safeguards natural resources, and allows for the responsible advancement of astronomy while maintaining the mountain's spiritual, cultural, and environmental integrity.  The legislature believes that the governance provided by the Mauna Kea stewardship and oversight authority will bring about an era of mutually beneficial coexistence between all parties with interest in Mauna Kea.

     The legislature further recognizes the need for continued refinement of the Mauna Kea stewardship and oversight authority's jurisdiction and responsibilities.  Strengthened guidance will ensure that the authority manages Mauna Kea with transparency, accountability, and respect through the bedrock values of mauna aloha, ʻōpū kūpuna, holomua ʻoi kelakela, kānāwai, ʻohana, and kuleana.

     Accordingly, the purpose of this Act is to clarify the powers of the Mauna Kea stewardship and oversight authority so that it may properly carry out its responsibilities regarding land use on Mauna Kea.

PART II

     SECTION 2.  The purpose of this part is to clarify the intent of Act 255, Session Laws of Hawaii 2022, by explicitly authorizing the Mauna Kea stewardship and oversight authority to own and hold title to real property and by declaring that the transfer of the real property interests in the lands of Mauna Kea to the Mauna Kea stewardship and oversight authority on December 1, 2029, as amended by part III of this Act, shall occur as a matter of law.

     SECTION 3.  Section 195H-5, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

     "[[]§195H-5[]]  Powers and responsibilities; generally.  (a)  Except as otherwise limited by this chapter, the authority, as it pertains to the Mauna Kea land area, may:

     (1)  Make and execute contracts, leases, and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

     (2)  Make and alter bylaws for its organization and internal management;

     (3)  Adopt rules pursuant to chapter 91 for the purposes of this chapter;

     (4)  Conduct meetings in accordance with chapter 92 for the purposes of this chapter;

     (5)  Appoint officers, agents, and employees who may be exempt from chapter 76, prescribe their duties and qualifications, and fix their salaries;

     (6)  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;

     (7)  Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;

     (8)  Contract for and accept gifts or grants in any form from any public agency or from any other source;

     (9)  Adopt rules governing the procurement and purchase of goods, services, and construction, subject to the requirements of chapter 103D;

    (10)  Enter into cooperative agreements, easements, subleases, or other contracts, as necessary, with any state agency, county agency, or private landowner;

    (11)  Contract for executive and administrative employee services;

    (12)  Call upon the attorney general for legal services or employ its own counsel in conformity with section 28‑8.3; [and]

    (13)  Own or hold title to real property; and

   [(13)] (14)  Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter."

     SECTION 4.  (a)  In accordance with the intent of Act 255, Session Laws of Hawaii 2022, all interests to the parcels of land described in subsection (c), together with the existing improvements thereon for which the State holds as fee owner or lessor are conveyed by the State to the Mauna Kea stewardship and oversight authority as grantee, as is, where is, as a matter of law.  The Mauna Kea stewardship and oversight authority shall accept the fee and lessor interests in the properties in their existing condition; provided that any existing claims or liability that exists, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall not be transferred to the Mauna Kea stewardship and oversight authority.  All claims and liabilities against the State and its agencies, if any, that exist, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, are released, waived, and extinguished.

     (b)  In accordance with the intent of Act 255, Session Laws of Hawaii 2022, all interests to the parcels of land described in subsection (c), together with the existing improvements thereon for which the university of Hawaii holds as lessee are conveyed by the university of Hawaii to the Mauna Kea stewardship and oversight authority as grantee, as is, where is, as a matter of law; provided that this conveyance shall not apply to the conservation district use permits transferred under section 7(e) and (f) of Act 255, Session Laws of Hawaii 2022, as amended by part III of this Act.  The Mauna Kea stewardship and oversight authority shall accept the lessee interests in the properties in their existing condition; provided that any existing claims or liability that exists, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall not be transferred to the Mauna Kea stewardship and oversight authority.  All claims and liabilities against the State and its agencies, if any, that exist, may have existed, or may exist in the future, regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall be released, waived, and extinguished.

     (c)  The parcels to be conveyed by the department of land and natural resources to the Mauna Kea stewardship and oversight authority shall be the following:

     (1)  Science reserve: Parcel no. 440150090000; and

     (2)  Hale Pohaku: Parcel no. 440150120000.

     (d)  The Mauna Kea stewardship and oversight authority shall have an easement for access and maintenance in the road easement, as described in General Lease 4697.

     (e)  As these are conveyances in which the State and its agencies are the only parties, the tax imposed by section 247-1, Hawaii Revised Statutes, shall not apply.

     (f)  As used in this section, "agency" has the same meaning as in section 37-62, Hawaii Revised Statutes.

PART III

     SECTION 5.  The purpose of this part is to:

     (1)  Extend the date on which all rights, powers, functions, and duties of the university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of Act 255, Session Laws of Hawaii 2022, will be transferred to the Mauna Kea stewardship and oversight authority, from July 1, 2028, to December 1, 2029, to ensure all applicable stakeholders have sufficient time to implement a successful transition;

     (2)  Require the university of Hawaii to negotiate for the transfer of the various astronomical observatory conservation district use permits to the applicable astronomical observatories so that, when governance by the Mauna Kea stewardship and oversight authority begins, the authority will not be in conflict; and

     (3)  Add a reversion date of December 1, 2032, upon which certain sections of Act 255, Session Laws of Hawaii 2022, shall be repealed, certain sections in the Hawaii Revised Statutes shall be reenacted, and management authority over Mauna Kea lands shall revert to the university of Hawaii, if the transition timelines are not met pursuant to Act 255, Session Laws of Hawaii 2022.

     SECTION 6.  Section 195H-6, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

     "[[]§195H-6[]]  Transition; management plan.  (a)  The authority shall have a transition period of [five years] seventy-seven months beginning July 1, 2023[;] and ending December 1, 2029; provided that all of the initial members have been confirmed by the senate.  During the transition period, the authority shall jointly manage Mauna Kea lands with the [University] university of Hawaii; provided that the authority's day-to-day operations shall be carried out by the center of Mauna Kea stewardship for the transition period established in this subsection."

     SECTION 7.  Act 255, Session Laws of Hawaii 2022, is amended by amending section 7 to read as follows:

     "SECTION 7.  (a)  On [July 1, 2028,] December 1, 2029, all rights, powers, functions, and duties of the [University] university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of this Act are transferred to the Mauna Kea stewardship and oversight authority.

     (b)  Notwithstanding the transfer of all rights, powers, functions, and duties pursuant to subsection (a), the state lease by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii.

     (c)  Upon the assignment of all rights, powers, and duties of the [University] university of Hawaii to the Mauna Kea stewardship and oversight authority pursuant to subsection (a), the [University] university of Hawaii shall be released from any and all obligations under the state lease by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, and any conservation district use application permits appertaining thereto, unless otherwise specifically agreed upon pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii; provided that the transfer and release authorized under this subsection shall not apply to any litigation pending on June 30, 2028, relating to General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, or any conservation district use application permit appertaining thereto, to which the [University] university of Hawaii is a party.

     (d)  Notwithstanding subsection (b) or any action that is a consequence of this Act, including a merger of interests, effective [July 1, 2028,] December 1, 2029, every reference to the department of land and natural resources, board of land and natural resources, or the chairperson of the board of land and natural resources in those deeds, leases, subleases, contracts, loans, agreements, permits, or other documents relating to Mauna Kea lands shall be construed as a reference to the Mauna Kea stewardship and oversight authority or the chairperson of the authority, as appropriate; provided that all deeds, leases, subleases, contracts, loans, agreements, permits, or other documents executed or entered into [prior to] before the effective date of this Act, by or on behalf of the department of land and natural resources or the board of land and natural resources pursuant to the Hawaii Revised Statutes that are reenacted or made applicable to the Mauna Kea stewardship and oversight authority by this Act, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii.

     (e)  The university of Hawaii shall transfer the applicable conservation district use permit and its rights and obligations under the permit to each astronomical observatory, subject to terms approved by the president of the university of Hawaii and the receiving astronomical observatory; provided that, before the transfer required under this subsection, the university of Hawaii shall not amend the terms and conditions of any permit subject to this subsection.  Since the terms and conditions of each conservation district use permit transferred pursuant to this subsection will not be amended, the transfer of any conservation district use permit that existed before the effective date of this Act to an astronomical observatory under this subsection shall not be subject to any additional regulatory requirement, including any requirement under chapter 343, Hawaii Revised Statutes.

     For purposes of this subsection, "applicable conservation district use permit" means the conservation district use permit in effect at the time of transfer, applicable to the receiving astronomical observatory, and to which the university of Hawaii is the named permittee or other named party.

     (f)  Notwithstanding subsections (a) through (d) to the contrary, the following conservation district use permits in effect as of December 1, 2029, for which the university of Hawaii has not completed the transfer under subsection (e), shall not be transferred to the Mauna Kea stewardship and oversight authority:

     (1)  Conservation district use permit 0954 (Air Force Telescope, Planetary Patrol Telescope, 2.2 Meter Telescope);

     (2)  Conservation district use permit 1515 (James Clerk Maxwell Telescope);

     (3)  Conservation district use permit 0653 (United Kingdom Infrared Telescope; NASA Infrared Telescope Facility);

     (4)  Conservation district use permit 0527 (Canada‑France‑Hawaii Telescope);

     (5)  Conservation district use permit 1492 (Caltech Submillimeter Observatory);

     (6)  Conservation district use permit 2691 (Gemini North);

     (7)  Conservation district use permit 2462 (Subaru Telescope);

     (8)  Conservation district use permit 2728 (Smithsonian Submillimeter Array);

     (9)  Conservation district use permit 3568 (Thirty Meter Telescope);

    (10)  Conservation district use permit 2174 (Very Long Baseline Array);

    (11)  Conservation district use permit 1646 (W. M. Keck Observatory I); and

    (12)  Conservation district use permit 2509 (W. M. Keck Observatory II).

The university of Hawaii shall continue to serve as the named permittee or other named party as provided under the permit until the permit is transferred to the appropriate astronomical observatory."

     SECTION 8.  Act 255, Session Laws of Hawaii 2022, is amended by amending section 18 to read as follows:

     "SECTION 18.  This Act shall take effect on July 1, 2022; provided that [part]:

     (1)  Part IV shall take effect on [July 1, 2028.] December 1, 2029; and

     (2)  If the timelines specified in this Act, including the timeline for the transfer of authority, responsibility, and duties, have not been met, then on December 1, 2032:

          (A)  Parts II, III, and IV of this Act shall be repealed and sections 28-8.3, 76-16, and chapter 304A, part IV, subpart 0, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act; provided further that the amendments made to section 76-16, Hawaii Revised Statutes, by:

               (i)  Section 2 of Act 42, Session Laws of Hawaii 2023;

              (ii)  Section 2 of Act 186, Session Laws of Hawaii 2023;

             (iii)  Section 2 of Act 66, Session Laws of Hawaii 2024;

              (iv)  Section 1 of Act 79, Session Laws of Hawaii 2024;

               (v)  Section 2 of Act 131, Session Laws of Hawaii 2024;

              (vi)  Section 2 of Act 165, Session Laws of Hawaii 2024;

             (vii)  Section 3 of Act 209, Session Laws of Hawaii 2024;

            (viii)  Section 2 of Act 247, Session Laws of Hawaii 2024;

              (ix)  Section 1 of Act 57, Session Laws of Hawaii 2025;

               (x)  Section 1 of Act 132, Session Laws of Hawaii 2025; and

              (xi)  Section 5 of Act 302, Session Laws of Hawaii 2025,

               shall not be repealed when section 76-16, Hawaii Revised Statutes, is reenacted on December 31, 2031, pursuant to this subparagraph; and

          (B)  Management authority over Mauna Kea lands, as defined in section 304A-1901, Hawaii Revised Statutes, shall revert to the university of Hawaii."

PART IV

     SECTION 9.  The legislature finds that the Mauna Kea stewardship and oversight authority is currently developing permanent and detailed master, management, and financial plans; frameworks for astronomy-related development; and administrative rules.  These documents must be cultivated in a deliberate and mindful way.  However, the legislature also recognizes that there is limited time before the end of the statutorily established transition period, after which the Mauna Kea stewardship and oversight authority will assume full management of Mauna Kea.  Due to these time constraints, the Mauna Kea stewardship and oversight authority's permanent plans and rules may not be formally adopted before the end of the transition period on December 1, 2029, as amended by part III of this Act.

     Accordingly, the purpose of this part is to clarify that the existing plans and administrative rules under which Mauna Kea is currently governed shall continue in full force and effect until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.

     SECTION 10.  (a)  Notwithstanding section 195H-6(b)(2), Hawaii Revised Statutes, or any other law to the contrary, the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii to implement provisions of the Hawaii Revised Statutes that are:

     (1)  Repealed by part IV of Act 255, Session Laws of Hawaii 2022; or

     (2)  Otherwise reenacted or made applicable to the Mauna Kea stewardship and oversight authority by Act 255, Session Laws of Hawaii 2022,

shall remain in full force and effect, including times subsequent to December 1, 2029, until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.  The Mauna Kea stewardship and oversight authority, when adopting a superseding master plan, management plan, or administrative rule, or any portion thereof, shall affirmatively state through a public notice issued in accordance with section 1-28.5, Hawaii Revised Statutes, which existing plan or rule, or portion thereof, is superseded.

     (b)  If the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii remain in effect after December 1, 2029, every reference to the university of Hawaii, center for Mauna Kea stewardship, office of Maunakea management, board of regents, president of the university of Hawaii, or other similar term in the master plan, management plan, or administrative rule is amended to refer to the Mauna Kea stewardship and oversight authority, unless the context clearly requires otherwise.

PART V

     SECTION 11.  The legislature finds that the Mauna Kea stewardship and oversight authority, as an arm of the State, should have the same sovereign immunity available to other administratively attached state agencies.

     Therefore, the purpose of this part is to clarify that the Mauna Kea stewardship and oversight authority falls under the State's sovereign immunity by explicitly making section 26‑35(b), Hawaii Revised Statutes, applicable to the authority.

     SECTION 12.  Section 195H-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the Mauna Kea stewardship and oversight authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter.  The authority shall serve jointly with the [University] university of Hawaii in fulfilling the obligations and duties under the state lease for a period of five years as established in section 195H-6.  The authority shall be placed within the department of land and natural resources for administrative purposes; provided that section [26-35] 26-35(a) shall not apply to the authority."

PART VI

     SECTION 13.  The purpose of this part is to authorize the Mauna Kea stewardship and oversight authority to extend existing leases and subleases before the transfer of powers and duties pertaining to Mauna Kea lands to the authority for up to an additional ten-year term.

     SECTION 14.  Section 195H-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Notwithstanding any law to the contrary, all powers and duties of the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, concerning permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands are transferred to the authority upon the expiration of the transition period; provided that the authority may extend existing leases and subleases before the transfer for up to an additional ten-year term; provided further that the transfer of such powers and duties from the board of land and natural resources and the land use commission may occur earlier, upon approval of the authority, the board of land and natural resources, and the land use commission.  Upon the expiration of the transition period, the authority shall carry out the powers and duties otherwise conferred upon the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, with regard to permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands."

PART VII

     SECTION 15.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 16.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 17.  This Act shall take effect on July 1, 3000.

Report Title:

Mauna Kea; MKSOA; UH; Conservation District Use Permit; Transfer; Astronomical Observatories; Lease Transfer; Fee Transfer; BLNR; DLNR; Continuity of Plans and Administrative Rules; Sovereign Immunity; Extension; Reversion

Description:

Part I:  Clarifies the powers of the Mauna Kea Stewardship and Oversight Authority so that it may carry out its intended duties regarding land use on Mauna Kea.  Part II:  Authorizes MKSOA to own or hold real property and transfers as a matter of law certain real property interests in the Mauna Kea lands to MKSOA.  Part III:  Extends the transition period to 12/1/2029; requires the University of Hawaii to transfer the various Mauna Kea astronomical observatory conservation district use permits to the astronomical observatories; and adds a reversion date of 12/1/2032.  Part IV:  Provides that the existing plans and administrative rules adopted or developed by UH under which Mauna Kea is currently governed remain in effect until plans and administrative rules adopted by MKSOA take effect.  Part V:  Clarifies that MKSOA has state sovereign immunity.  Part VI:  Authorizes MKSOA to extend leases and subleases before the transfer for up to an additional ten-year term.  Effective 7/1/3000.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE MAUNA KEA STEWARDSHIP AND OVERSIGHT AUTHORITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that refinements to the law that affirms the Mauna Kea stewardship and oversight authority's role and powers will ensure that management of Mauna Kea continues to embody a paradigm of balance and reciprocity that protects the mountain's sacred and ecological character, perpetuates Native Hawaiian traditional and customary rights, and supports Hawaii's global leadership in astronomy.

     The legislature recognizes that Mauna Kea is a rare and extraordinary place that evokes profound cultural, spiritual, environmental, and scientific significance.  The summit region encompasses fragile ecosystems, important historical and archaeological sites, and sacred landscapes interwoven into the fabric of Native Hawaiian identity.  At the same time, Mauna Kea's unique topography and atmospheric conditions have made it the world's premier site for astronomical research, enabling countless advancements in humanity's millennia-long yearning to comprehend the principles, origins, and evolution of the cosmos.

     The legislature acknowledges that due to this confluence of significance, decades of tension have arisen over stewardship of the mauna.  In 2022, the legislature established the Mauna Kea stewardship and oversight authority through Act 255, Session Laws of Hawaii 2022, to govern Mauna Kea in a more harmonious and collaborative manner by requiring that the governance be with mutual stewardship and balance as guiding principles.  The legislature charged the authority to manage Mauna Kea through a mindset that honors and perpetuates Native Hawaiian cultural practices, safeguards natural resources, and allows for the responsible advancement of astronomy while maintaining the mountain's spiritual, cultural, and environmental integrity.  The legislature believes that the governance provided by the Mauna Kea stewardship and oversight authority will bring about an era of mutually beneficial coexistence between all parties with interest in Mauna Kea.

     The legislature further recognizes the need for continued refinement of the Mauna Kea stewardship and oversight authority's jurisdiction and responsibilities.  Strengthened guidance will ensure that the authority manages Mauna Kea with transparency, accountability, and respect through the bedrock values of mauna aloha, ʻōpū kūpuna, holomua ʻoi kelakela, kānāwai, ʻohana, and kuleana.

     Accordingly, the purpose of this Act is to clarify the powers of the Mauna Kea stewardship and oversight authority so that it may properly carry out its responsibilities regarding land use on Mauna Kea.

PART II

     SECTION 2.  The purpose of this part is to clarify the intent of Act 255, Session Laws of Hawaii 2022, by explicitly declaring that the transfer of the real property interests in the lands of Mauna Kea to the Mauna Kea stewardship and oversight authority on July 1, 2028, shall occur as a matter of law.

     SECTION 3.  (a)  In accordance with the intent of Act 255, Session Laws of Hawaii 2022, all interests to the parcels of land described in subsection (c), together with the existing improvements thereon for which the State of Hawaii holds as fee owner or lessor are conveyed by the State of Hawaii to the Mauna Kea stewardship and oversight authority as grantee, as is, where is, as a matter of law.  The Mauna Kea stewardship and oversight authority shall accept the fee and lessor interests in the properties in their existing condition; provided that any existing claims or liability that exists, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall not be transferred to the Mauna Kea stewardship and oversight authority.  All claims and liabilities against the State and its agencies, if any, that exist, may have existed, or may exist in the future, regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, are released, waived, and extinguished.

     (b)  In accordance with the intent of Act 255, Session Laws of Hawaii 2022, all interests to the parcels of land described in subsection (c), together with the existing improvements thereon for which the university of Hawaii holds as lessee are conveyed by the university of Hawaii to the Mauna Kea stewardship and oversight authority as grantee, as is, where is, as a matter of law; provided that this conveyance shall not apply to the conservation district use permits transferred under section 7(e) and (f) of Act 255, Session Laws of Hawaii 2022, as amended by this Act.  The Mauna Kea stewardship and oversight authority shall accept the lessee interests in the properties in their existing condition; provided that any existing claims or liability that exists, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall not be transferred to the Mauna Kea stewardship and oversight authority.  All claims and liabilities against the State and its agencies, if any, that exist, may have existed, or may exist in the future, regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall be released, waived, and extinguished.

     (c)  The parcels to be conveyed by the department of land and natural resources to the Mauna Kea stewardship and oversight authority shall be the following:

     (1)  Science reserve: Parcel no. 440150090000; and

     (2)  Hale Pohaku: Parcel no. 440150120000.

     (d)  The Mauna Kea stewardship and oversight authority shall have an easement for access and maintenance in the road easement, as described in General Lease 4697.

     (e)  As these are conveyances in which the State and its agencies are the only parties, the tax imposed by section 247-1, Hawaii Revised Statutes, shall not apply.

     (f)  As used in this section, "agency" has the same meaning as in section 37-62, Hawaii Revised Statutes.

PART III

     SECTION 4.  The purpose of this part is to require the university of Hawaii to negotiate for the transfer of the various astronomical observatory conservation district use permits to the applicable astronomical observatories so that when governance by the Mauna Kea stewardship and oversight authority begins, the authority will not be in conflict.

     SECTION 5.  Act 255, Session Laws of Hawaii 2022, is amended by amending section 7 to read as follows:

     "SECTION 7.  (a)  On July 1, 2028, all rights, powers, functions, and duties of the [University] university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of this Act are transferred to the Mauna Kea stewardship and oversight authority.

     (b)  Notwithstanding the transfer of all rights, powers, functions, and duties pursuant to subsection (a), the state lease by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii.

     (c)  Upon the assignment of all rights, powers, and duties of the [University] university of Hawaii to the Mauna Kea stewardship and oversight authority pursuant to subsection (a), the [University] university of Hawaii shall be released from any and all obligations under the state lease by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, and any conservation district use application permits appertaining thereto, unless otherwise specifically agreed upon pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii; provided that the transfer and release authorized under this subsection shall not apply to any litigation pending on June 30, 2028, relating to General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, or any conservation district use application permit appertaining thereto, to which the [University] university of Hawaii is a party.

     (d)  Notwithstanding subsection (b) or any action that is a consequence of this Act, including a merger of interests, effective July 1, 2028, every reference to the department of land and natural resources, board of land and natural resources, or the chairperson of the board of land and natural resources in those deeds, leases, subleases, contracts, loans, agreements, permits, or other documents relating to Mauna Kea lands shall be construed as a reference to the Mauna Kea stewardship and oversight authority or the chairperson of the authority, as appropriate; provided that all deeds, leases, subleases, contracts, loans, agreements, permits, or other documents executed or entered into prior to the effective date of this Act, by or on behalf of the department of land and natural resources or the board of land and natural resources pursuant to the Hawaii Revised Statutes that are reenacted or made applicable to the Mauna Kea stewardship and oversight authority by this Act, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii.

     (e)  The university of Hawaii shall transfer the applicable conservation district use permit and its rights and obligations under the permit to each astronomical observatory, subject to terms approved by the president of the university of Hawaii and the receiving astronomical observatory; provided that, before the transfer required under this subsection, the university of Hawaii shall not amend the terms and conditions of any permit subject to this subsection.  Since the terms and conditions of each conservation district use permit transferred pursuant to this subsection will not be amended, the transfer of any conservation district use permit that existed before the effective date of this Act to an astronomical observatory under this subsection shall not be subject to any additional regulatory requirement, including any requirement under chapter 343, Hawaii Revised Statutes.

     For purposes of this subsection, "applicable conservation district use permit" means the conservation district use permit in effect at the time of transfer, applicable to the receiving astronomical observatory, and to which the university of Hawaii is the named permittee or other named party.

     (f)  Notwithstanding subsections (a) through (d) to the contrary, the following conservation district use permits in effect as of July 1, 2028, for which the university of Hawaii has not completed the transfer under subsection (e), shall not be transferred to the Mauna Kea stewardship and oversight authority:

     (1)  Conservation district use permit 0954 (Air Force Telescope, Planetary Patrol Telescope, 2.2 Meter Telescope);

     (2)  Conservation district use permit 1515 (James Clerk Maxwell Telescope);

     (3)  Conservation district use permit 0653 (United Kingdom Infrared Telescope; NASA Infrared Telescope Facility);

     (4)  Conservation district use permit 0527 (Canada‑France‑Hawaii Telescope);

     (5)  Conservation district use permit 1492 (Caltech Submillimeter Observatory);

     (6)  Conservation district use permit 2691 (Gemini North);

     (7)  Conservation district use permit 2462 (Subaru Telescope);

     (8)  Conservation district use permit 2728 (Smithsonian Submillimeter Array);

     (9)  Conservation district use permit 3568 (Thirty Meter Telescope);

    (10)  Conservation district use permit 2174 (Very Long Baseline Array);

    (11)  Conservation district use permit 1646 (W. M. Keck Observatory I); and

    (12)  Conservation district use permit 2509 (W. M. Keck Observatory II).

The university of Hawaii shall continue to serve as the named permittee or other named party as provided under the permit until the permit is transferred to the appropriate astronomical observatory."

PART IV

     SECTION 6.  The legislature finds that the Mauna Kea stewardship and oversight authority is currently developing permanent and detailed master, management, and financial plans; frameworks for astronomy-related development; and administrative rules.  These documents must be cultivated in a deliberate and mindful way.  However, the legislature also recognizes that there is limited time before the end of the statutorily established five-year transition period, after which the Mauna Kea stewardship and oversight authority will assume full management of Mauna Kea.  Due to these time constraints, the Mauna Kea stewardship and oversight authority's permanent plans and rules may not be formally adopted before the end of the transition period on July 1, 2028.

     Accordingly, the purpose of this part is to clarify that the existing plans and administrative rules under which Mauna Kea is currently governed shall continue in full force and effect until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.

     SECTION 7.  (a)  Notwithstanding section 195H-6(b)(2), Hawaii Revised Statutes, or any other law to the contrary, the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii to implement provisions of the Hawaii Revised Statutes that are:

     (1)  Repealed by part IV of Act 255, Session Laws of Hawaii 2022; or

     (2)  Otherwise reenacted or made applicable to the Mauna Kea stewardship and oversight authority by Act 255, Session Laws of Hawaii 2022,

shall remain in full force and effect, including times subsequent to July 1, 2028, until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.  The Mauna Kea stewardship and oversight authority, when adopting a superseding master plan, management plan, or administrative rule, or any portion thereof, shall affirmatively state through a public notice issued in accordance with section 1-28.5, Hawaii Revised Statutes, which existing plan or rule, or portion thereof, is superseded.

     (b)  If the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii remain in effect after July 1, 2028, every reference to the university of Hawaii, center for Mauna Kea stewardship, office of Maunakea management, board of regents, president of the university of Hawaii, or other similar term in the master plan, management plan, or administrative rule is amended to refer to the Mauna Kea stewardship and oversight authority, unless the context clearly requires otherwise.

PART V

     SECTION 8.  The legislature finds that the Mauna Kea stewardship and oversight authority, as an arm of the State, should have the same sovereign immunity available to other administratively attached state agencies.

     Therefore, the purpose of this part is to clarify that the Mauna Kea stewardship and oversight authority falls under the State's sovereign immunity by explicitly making section 26‑35(b), Hawaii Revised Statutes, applicable to the authority.

     SECTION 9.  Section 195H-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the Mauna Kea stewardship and oversight authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter.  The authority shall serve jointly with the [University] university of Hawaii in fulfilling the obligations and duties under the state lease for a period of five years as established in section 195H-6.  The authority shall be placed within the department of land and natural resources for administrative purposes; provided that section [26-35] 26-35(a) shall not apply to the authority."

PART VI

     SECTION 10.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 3000.

Report Title:

Mauna Kea; MKSOA; UH; Conservation District Use Permit; Transfer; Astronomical Observatories; Lease Transfer; Fee Transfer; BLNR; DLNR; Continuity of Plans and Administrative Rules; Sovereign Immunity

Description:

Clarifies the powers of the Mauna Kea Stewardship and Oversight Authority so that it may carry out its intended duties regarding land use on Mauna Kea.  Part II:  Transfers as a matter of law certain real property interests in the Mauna Kea lands to the Mauna Kea Stewardship and Oversight Authority.  Part III:  Requires the University of Hawaii to transfer the various Mauna Kea astronomical observatory conservation district use permits to the astronomical observatories.  Part IV:  Provides that the existing plans and administrative rules adopted or developed by the University of Hawaii under which Mauna Kea is currently governed remain in effect until plans and administrative rules adopted by the Mauna Kea Stewardship and Oversight Authority take effect.  Part V:  Clarifies that the Mauna Kea Stewardship and Oversight Authority has state sovereign immunity.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE MAUNA KEA STEWARDSHIP AND OVERSIGHT AUTHORITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that refinements to the law that affirm the Mauna Kea stewardship and oversight authority's role and powers will ensure that management of Mauna Kea continues to embody a paradigm of balance and reciprocity that protects the mountain's sacred and ecological character, perpetuates Native Hawaiian traditional and customary rights, and supports Hawaii's global leadership in astronomy.

     The legislature recognizes that Mauna Kea is a rare and extraordinary place that evokes profound cultural, spiritual, environmental, and scientific significance.  The summit region encompasses fragile ecosystems, important historical and archaeological sites, and sacred landscapes interwoven into the fabric of Native Hawaiian identity.  At the same time, Mauna Kea's unique topography and atmospheric conditions have made it the world's premier site for astronomical research, enabling countless advancements in humanity's millennia-long yearning to comprehend the principles, origins, and evolution of the cosmos.

     The legislature acknowledges that due to this confluence of significance, decades of tension have arisen over stewardship of the mauna.  In 2022, the legislature established the Mauna Kea stewardship and oversight authority through Act 255, Session Laws of Hawaii 2022, to govern Mauna Kea in a more harmonious and collaborative manner by requiring that the governance be with mutual stewardship and balance as guiding principles.  The legislature charged the authority to manage Mauna Kea through a mindset that honors and perpetuates Native Hawaiian cultural practices, safeguards natural resources, and allows for the responsible advancement of astronomy while maintaining the mountain's spiritual, cultural, and environmental integrity.  The legislature believes that the governance provided by the Mauna Kea stewardship and oversight authority will bring about an era of mutually beneficial coexistence between all parties with interest in Mauna Kea.

     The legislature further recognizes the need for continued refinement of the Mauna Kea stewardship and oversight authority's jurisdiction and responsibilities.  Strengthened guidance will ensure that the authority manages Mauna Kea with transparency, accountability, and respect through the bedrock values of mauna aloha, `ōpū kūpuna, holomua `oi kelakela, kānāwai, `ohana, and kuleana.

     Accordingly, the purpose of this Act is to clarify the powers of the Mauna Kea stewardship and oversight authority so that it may properly carry out its responsibilities regarding land use on Mauna Kea.

PART II

     SECTION 2.  The purpose of this part is to clarify the intent of Act 255, Session Laws of Hawaii 2022, by explicitly declaring that the transfer of the real property interests in the lands of Mauna Kea to the Mauna Kea stewardship and oversight authority on July 1, 2028, shall occur as a matter of law.

     SECTION 3.  (a)  In accordance with the intent of Act 255, Session Laws of Hawaii 2022, all interests to the parcels of land described in subsection (c), together with the existing improvements thereon for which the State of Hawaii holds as fee owner or lessor are conveyed by the State of Hawaii to the Mauna Kea stewardship and oversight authority as grantee, as is, where is, as a matter of law.  The Mauna Kea stewardship and oversight authority shall accept the fee and lessor interests in the properties in their existing condition; provided that any existing claims or liability that exists, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall not be transferred to the Mauna Kea stewardship and oversight authority.  All claims and liabilities against the State and its agencies, if any, that exist, may have existed, or may exist in the future, regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, are released, waived, and extinguished.

     (b)  In accordance with the intent of Act 255, Session Laws of Hawaii 2022, all interests to the parcels of land described in subsection (c), together with the existing improvements thereon for which the university of Hawaii holds as lessee are conveyed by the university of Hawaii to the Mauna Kea stewardship and oversight authority as grantee, as is, where is, as a matter of law; provided that this conveyance shall not apply to the conservation district use permits transferred under section 7(e) and (f) of Act 255, Session Laws of Hawaii 2022, as amended by this Act.  The Mauna Kea stewardship and oversight authority shall accept the lessee interests in the properties in their existing condition; provided that any existing claims or liability that exists, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall not be transferred to the Mauna Kea stewardship and oversight authority.  All claims and liabilities against the State and its agencies, if any, that exist, may have existed, or may exist in the future, regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall be released, waived, and extinguished.

     (c)  The parcels to be conveyed by the department of land and natural resources to the Mauna Kea stewardship and oversight authority shall be the following:

     (1)  Science reserve: Parcel no. 440150090000; and

     (2)  Hale Pohaku: Parcel no. 440150120000.

     (d)  The Mauna Kea stewardship and oversight authority shall have an easement for access and maintenance in the road easement, as described in General Lease 4697.

     (e)  As these are conveyances in which the State and its agencies are the only parties, the tax imposed by section 247-1, Hawaii Revised Statutes, shall not apply.

     (f)  As used in this section, "agency" has the same meaning as in section 37-62, Hawaii Revised Statutes.

PART III

     SECTION 4.  The purpose of this part is to require the university of Hawaii to negotiate for the transfer of the various astronomical observatory conservation district use permits to the applicable astronomical observatories so that when governance by the Mauna Kea stewardship and oversight authority begins, the authority will not be in conflict.

     SECTION 5.  Act 255, Session Laws of Hawaii 2022, is amended by amending section 7 to read as follows:

     "SECTION 7.  (a)  On July 1, 2028, all rights, powers, functions, and duties of the [University] university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of this Act are transferred to the Mauna Kea stewardship and oversight authority.

     (b)  Notwithstanding the transfer of all rights, powers, functions, and duties pursuant to subsection (a), the state lease by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii.

     (c)  Upon the assignment of all rights, powers, and duties of the [University] university of Hawaii to the Mauna Kea stewardship and oversight authority pursuant to subsection (a), the university of Hawaii shall be released from any and all obligations under the state lease by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, and any conservation district use application permits appertaining thereto, unless otherwise specifically agreed upon pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii; provided that the transfer and release authorized under this subsection shall not apply to any litigation pending on June 30, 2028, relating to General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, or any conservation district use application permit appertaining thereto, to which the [University] university of Hawaii is a party.

     (d)  Notwithstanding subsection (b) or any action that is a consequence of this Act, including a merger of interests, effective July 1, 2028, every reference to the department of land and natural resources, board of land and natural resources, or the chairperson of the board of land and natural resources in those deeds, leases, subleases, contracts, loans, agreements, permits, or other documents relating to Mauna Kea lands shall be construed as a reference to the Mauna Kea stewardship and oversight authority or the chairperson of the authority, as appropriate; provided that all deeds, leases, subleases, contracts, loans, agreements, permits, or other documents executed or entered into prior to the effective date of this Act, by or on behalf of the department of land and natural resources or the board of land and natural resources pursuant to the Hawaii Revised Statutes that are reenacted or made applicable to the Mauna Kea stewardship and oversight authority by this Act, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii.

     (e)  The university of Hawaii shall transfer the applicable conservation district use permit and its rights and obligations under the permit to each astronomical observatory, subject to terms approved by the president of the university of Hawaii and the receiving astronomical observatory; provided that, prior to the transfer required under this subsection, the university of Hawaii shall not amend the terms and conditions of any permit subject to this subsection.  Since the terms and conditions of each conservation district use permit transferred pursuant to this subsection will not be amended, the transfer of any conservation district use permit that existed prior to the effective date of this Act to an astronomical observatory under this subsection shall not be subject to any additional regulatory requirement, including any requirement under chapter 343, Hawaii Revised Statutes.

     For purposes of this subsection, "applicable conservation district use permit" means the conservation district use permit in effect at the time of transfer, applicable to the receiving astronomical observatory, and to which the university of Hawaii is the named permittee or other named party.

     (f)  Notwithstanding subsections (a) through (d) to the contrary, the following conservation district use permits in effect as of July 1, 2028, for which the university of Hawaii has not completed the transfer under subsection (e), shall not be transferred to the Mauna Kea stewardship and oversight authority:

     (1)  Conservation district use permit 0954 (Air Force Telescope, Planetary Patrol Telescope, 2.2 Meter Telescope);

     (2)  Conservation district use permit 1515 (James Clerk Maxwell Telescope);

     (3)  Conservation district use permit 0653 (United Kingdom Infrared Telescope);

     (4)  Conservation district use permit 0527 (Canada‑France‑Hawaii Telescope);

     (5)  Conservation district use permit 1492 (Caltech Submillimeter Observatory);

     (6)  Conservation district use permit 2691 (Gemini North);

     (7)  Conservation district use permit 2462 (Subaru Telescope);

     (8)  Conservation district use permit 2728 (Submillimeter Array);

     (9)  Conservation district use permit 3568 (Thirty Meter Telescope);

    (10)  Conservation district use permit 0653 (Infrared Telescope Facility);

    (11)  Conservation district use permit 2174 (Very Long Baseline Array);

    (12)  Conservation district use permit 1646 (W. M. Keck Observatory I); and

    (13)  Conservation district use permit 2509 (W. M. Keck Observatory II).

The university of Hawaii shall continue to serve as the named permittee or other named party as provided under the permit until the permit is transferred to the appropriate astronomical observatory."

PART IV

     SECTION 6.  The legislature finds that the Mauna Kea stewardship and oversight authority is currently developing permanent and detailed master, management, and financial plans; frameworks for astronomy-related development; and administrative rules.  These documents must be cultivated in a deliberate and mindful way.  However, the legislature also recognizes that there is limited time before the end of the statutorily established five-year transition period, after which the Mauna Kea stewardship and oversight authority will assume full management of Mauna Kea.  Due to these time constraints, the Mauna Kea stewardship and oversight authority's permanent plans and rules may not be formally adopted before the end of the transition period on July 1, 2028.

     Accordingly, the purpose of this part is to clarify that the existing plans and administrative rules under which Mauna Kea is currently governed shall continue in full force and effect until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.

     SECTION 7.  (a)  Notwithstanding section 195H-6(b)(2), Hawaii Revised Statutes, or any other law to the contrary, the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii to implement provisions of the Hawaii Revised Statutes that are:

     (1)  Repealed by part IV of Act 255, Session Laws of Hawaii 2022; or

     (2)  Otherwise reenacted or made applicable to the Mauna Kea stewardship and oversight authority by Act 255, Session Laws of Hawaii 2022,

shall remain in full force and effect, including times subsequent to July 1, 2028, until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.  The Mauna Kea stewardship and oversight authority, when adopting a superseding master plan, management plan, or administrative rule, or any portion thereof, shall affirmatively state through a public notice issued in accordance with section 1-28.5, Hawaii Revised Statutes, which existing plan or rule, or portion thereof, is superseded.

     (b)  If the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii remain in effect after July 1, 2028, every reference to the university of Hawaii, center for Mauna Kea stewardship, office of Maunakea management, board of regents, president of the university of Hawaii, or other similar term in the master plan, management plan, or administrative rule is amended to refer to the Mauna Kea stewardship and oversight authority, unless the context clearly requires otherwise.

PART V

     SECTION 8.  The legislature finds that the Mauna Kea stewardship and oversight authority, as an arm of the State, should have the same sovereign immunity available to other administratively attached state agencies.

     Therefore, the purpose of this part is to clarify that the Mauna Kea stewardship and oversight authority falls under the State's sovereign immunity by explicitly making section 26‑35(b), Hawaii Revised Statutes, applicable to the authority.

     SECTION 9.  Section 195H-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the Mauna Kea stewardship and oversight authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter.  The authority shall serve jointly with the University of Hawaii in fulfilling the obligations and duties under the state lease for a period of five years as established in section 195H-6.  The authority shall be placed within the department of land and natural resources for administrative purposes; provided that section [26-35] 26-35(a) shall not apply to the authority."

PART VI

     SECTION 10.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on July 1, 3000.

Report Title:

Mauna Kea; MKSOA; UH; Conservation District Use Permit; Transfer; Astronomical Observatories; Lease Transfer; Fee Transfer; BLNR; DLNR; Continuity of Plans and Administrative Rules; Sovereign Immunity

Description:

Clarifies the powers of the Mauna Kea Stewardship and Oversight Authority so that it may carry out its intended duties regarding land use on Mauna Kea.  Part II:  Transfers as a matter of law certain real property interests in the Mauna Kea lands to the Mauna Kea Stewardship and Oversight Authority.  Part III:  Requires the University of Hawaii to transfer the various Mauna Kea astronomical observatory conservation district use permits to the astronomical observatories.  Part IV:  Provides that the existing plans and administrative rules adopted or developed by the University of Hawaii under which Mauna Kea is currently governed remain in effect until plans and administrative rules adopted by the Mauna Kea Stewardship and Oversight Authority take effect.  Part V:  Clarifies that the Mauna Kea Stewardship and Oversight Authority has state sovereign immunity.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to the mauna kea stewardship and oversight authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

     SECTION 1.  The legislature finds that refinements to the law that affirm the Mauna Kea stewardship and oversight authority's role and powers will ensure that management of Mauna Kea continues to embody a paradigm of balance and reciprocity that protects the mountain's sacred and ecological character, perpetuates Native Hawaiian traditional and customary rights, and supports Hawaii's global leadership in astronomy.

     The legislature recognizes that Mauna Kea is a rare and extraordinary place that evokes profound cultural, spiritual, environmental, and scientific significance.  The summit region encompasses fragile ecosystems, important historical and archaeological sites, and sacred landscapes interwoven into the fabric of Native Hawaiian identity.  At the same time, Mauna Kea's unique topography and atmospheric conditions have made it the world's premier site for astronomical research, enabling countless advancements in humanity's millennia-long yearning to comprehend the principles, origins, and evolution of the cosmos.

     The legislature acknowledges that due to this confluence of significance, decades of tension have arisen over stewardship of the mauna.  In 2022, the legislature established the Mauna Kea stewardship and oversight authority through Act 255, Session Laws of Hawaii 2022, to govern Mauna Kea in a more harmonious and collaborative manner by requiring that the governance be with mutual stewardship and balance as guiding principles.  The legislature charged the authority to manage Mauna Kea through a mindset that honors and perpetuates Native Hawaiian cultural practices, safeguards natural resources, and allows for the responsible advancement of astronomy while maintaining the mountain's spiritual, cultural, and environmental integrity.  The legislature believes that the governance provided by the Mauna Kea stewardship and oversight authority will bring about an era of mutually beneficial coexistence between all parties with interest in Mauna Kea.

     The legislature further recognizes the need for continued refinement of the Mauna Kea stewardship and oversight authority's jurisdiction and responsibilities.  Strengthened guidance will ensure that the authority manages Mauna Kea with transparency, accountability, and respect through the bedrock values of mauna aloha, `ōpū kūpuna, holomua `oi kelakela, kānāwai, `ohana, and kuleana.

     Accordingly, the purpose of this Act is to clarify the powers of the Mauna Kea stewardship and oversight authority so that it may properly carry out its responsibilities regarding land use on Mauna Kea.

PART II

     SECTION 2.  The purpose of this part is to clarify the intent of Act 255, Session Laws of Hawaii 2022, by explicitly declaring that the transfer of the real property interests in the lands of Mauna Kea to the Mauna Kea stewardship and oversight authority on July 1, 2028, shall occur as a matter of law.

     SECTION 3.  (a)  In accordance with the intent of Act 255, Session Laws of Hawaii 2022, all interests to the parcels of land described in subsection (c), together with the existing improvements thereon for which the State of Hawaii holds as fee owner or lessor are conveyed by the State of Hawaii to the Mauna Kea stewardship and oversight authority as grantee, as is, where is, as a matter of law.  The Mauna Kea stewardship and oversight authority shall accept the fee and lessor interests in the properties in their existing condition; provided that any existing claims or liability that exists, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorneys' fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall not be transferred to the Mauna Kea stewardship and oversight authority.  All claims and liabilities against the State and its agencies, if any, that exist, may have existed, or may exist in the future, regarding any injury, loss, cost, damage, or liability, including reasonable attorneys' fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, is released, waived, and extinguished.

     (b)  In accordance with the intent of Act 255, Session Laws of Hawaii 2022, all interests to the parcels of land described in subsection (c), together with the existing improvements thereon for which the university of Hawaii holds as lessee are conveyed by the university of Hawaii to the Mauna Kea stewardship and oversight authority as grantee, as is, where is, as a matter of law; provided that this conveyance shall not apply to the conservation district use permits transferred under section 7(e) and (f) of Act 255, Session Laws of Hawaii 2022, as amended by this Act.  The Mauna Kea stewardship and oversight authority shall accept the lessee interests in the properties in their existing condition; provided that any existing claims or liability that exists, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorneys' fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall not be transferred to the Mauna Kea stewardship and oversight authority.  All claims and liabilities against the State and its agencies, if any, that exist, may have existed, or may exist in the future, regarding any injury, loss, cost, damage, or liability, including reasonable attorneys' fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall be released, waived, and extinguished.

     (c)  The parcels to be conveyed by the department of land and natural resources to the Mauna Kea stewardship and oversight authority are those parcels included in the lease by and between the board of land and natural resources and the university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529.

     (d)  As these are conveyances in which the State and its agencies are the only parties, the tax imposed by section 247-1, Hawaii Revised Statutes, shall not apply.

     (e)  As used in this section, "agency" has the same meaning as in section 37-62, Hawaii Revised Statutes.

PART III

     SECTION 4.  The purpose of this part is to require the university of Hawaii to negotiate for the transfer of the various astronomical observatory conservation district use permits to the applicable astronomical observatories so that when governance by the Mauna Kea stewardship and oversight authority begins, the authority will not be in conflict.

     SECTION 5.  Act 255 Session Laws of Hawaii 2022, is amended by amending section 7 to read as follows:

     "SECTION 7.  (a)  On July 1, 2028, all rights, powers, functions, and duties of the [University] university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of this Act are transferred to the Mauna Kea stewardship and oversight authority.

     (b)  Notwithstanding the transfer of all rights, powers, functions, and duties pursuant to subsection (a), the state lease by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii.

     (c)  Upon the assignment of all rights, powers, and duties of the [University] university of Hawaii to the Mauna Kea stewardship and oversight authority pursuant to subsection (a), the university of Hawaii shall be released from any and all obligations under the state lease by and between the board of land and natural resources and the [University] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, and any conservation district use application permits appertaining thereto, unless otherwise specifically agreed upon pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii; provided that the transfer and release authorized under this subsection shall not apply to any litigation pending on June 30, 2028, relating to General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, or any conservation district use application permit appertaining thereto, to which the [University] university of Hawaii is a party.

     (d)  Notwithstanding subsection (b) or any action that is a consequence of this Act, including a merger of interests, effective July 1, 2028, every reference to the department of land and natural resources, board of land and natural resources, or the chairperson of the board of land and natural resources in those deeds, leases, subleases, contracts, loans, agreements, permits, or other documents relating to Mauna Kea lands shall be construed as a reference to the Mauna Kea stewardship and oversight authority or the chairperson of the authority, as appropriate; provided that all deeds, leases, subleases, contracts, loans, agreements, permits, or other documents executed or entered into prior to the effective date of this Act, by or on behalf of the department of land and natural resources or the board of land and natural resources pursuant to the Hawaii Revised Statutes that are reenacted or made applicable to the Mauna Kea stewardship and oversight authority by this Act, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [University] university of Hawaii.

     (e)  The university of Hawaii shall transfer the applicable conservation district use permit and its rights and obligations under the permit to each astronomical observatory, subject to terms approved by the president of the university of Hawaii and the receiving astronomical observatory; provided that, prior to the transfer required under this subsection, the university of Hawaii shall not amend the terms and conditions of any permit subject to this subsection.  Since the terms and conditions of each conservation district use permit transferred pursuant to this subsection will not be amended, the transfer of any conservation district use permit that existed prior to the effective date of this Act to an astronomical observatory under this subsection shall not be subject to any additional regulatory requirement, including any requirement under chapter 343, Hawaii Revised Statutes.

     For purposes of this subsection, "applicable conservation district use permit" means the conservation district use permit in effect at the time of transfer, applicable to the receiving astronomical observatory, and to which the university of Hawaii is the named permittee or other named party.

     (f)  Notwithstanding subsections (a) through (d) to the contrary, the following conservation district use permits in effect as of July 1, 2028, to which the university of Hawaii has not completed the transfer under subsection (e), shall not be transferred to the Mauna Kea stewardship and oversight authority:

     (1)  Conservation district use permit 0954 (Air Force Telescope, Planetary Patrol Telescope, 2.2 Meter Telescope);

     (2)  Conservation district use permit 1515 (James Clerk Maxwell Telescope);

     (3)  Conservation district use permit 0653 (United Kingdom Infrared Telescope);

     (4)  Conservation district use permit 0527 (Canada‑France‑Hawaii Telescope);

     (5)  Conservation district use permit 1492 (Caltech Submillimeter Observatory);

     (6)  Conservation district use permit 2691 (Gemini North);

     (7)  Conservation district use permit 2462 (Subaru Telescope);

     (8)  Conservation district use permit 2728 (Submillimeter Array);

     (9)  Conservation district use permit 3568 (Thirty Meter Telescope);

    (10)  Conservation district use permit 0653 (Infrared Telescope Facility);

    (11)  Conservation district use permit 2174 (Very Long Baseline Array);

    (12)  Conservation district use permit 1646 (W. M. Keck Observatory I); and

    (13)  Conservation district use permit 2509 (W. M. Keck Observatory II).

The university of Hawaii shall continue to serve as the named permittee or other named party as provided under the permit until the permit is transferred to the appropriate astronomical observatory."

PART IV

     SECTION 6.  The legislature finds that the Mauna Kea stewardship and oversight authority is currently developing permanent and detailed master, management, and financial plans; frameworks for astronomy-related development; and administrative rules.  These documents must be cultivated in a deliberate and mindful way.  However, the legislature also recognizes that there is limited time before the end of the statutorily established five-year transition period, after which the Mauna Kea stewardship and oversight authority will assume full management of Mauna Kea.  Due to these time constraints, the Mauna Kea stewardship and oversight authority's permanent plans and rules may not be formally adopted before the end of the transition period on July 1, 2028.

     Accordingly, the purpose of this part is to clarify that the existing plans and administrative rules under which Mauna Kea is currently governed shall continue in full force and effect until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.

     SECTION 7.  (a)  Notwithstanding section 195H-6(b)(2), Hawaii Revised Statutes, or any other law to the contrary, the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii to implement provisions of the Hawaii Revised Statutes that are:

     (1)  Repealed by part IV of Act 255, Session Laws of Hawaii 2022; or

     (2)  Otherwise reenacted or made applicable to the Mauna Kea stewardship and oversight authority by Act 255, Session Laws of Hawaii 2022,

shall remain in full force and effect, including times subsequent to July 1, 2028, until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.  The Mauna Kea stewardship and oversight authority, when adopting a superseding master plan, management plan, or administrative rule, or any portion thereof, shall affirmatively state through a public notice issued in accordance with section 1-28.5, Hawaii Revised Statutes, which existing plan or rule, or portion thereof, is superseded.

     (b)  If the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii remain in effect after July 1, 2028, every reference to the university of Hawaii, center for Mauna Kea stewardship, office of Maunakea management, board of regents, president of the university of Hawaii, or other similar term in the master plan, management plan, or administrative rule is amended to refer to the Mauna Kea stewardship and oversight authority, unless the context clearly requires otherwise.

PART V

     SECTION 8.  The legislature finds that the Mauna Kea stewardship and oversight authority, as an arm of the State, should have the same sovereign immunity available to other administratively attached state agencies.

     Therefore, the purpose of this part is to clarify that the Mauna Kea stewardship and oversight authority falls under the State's sovereign immunity by explicitly making section 26‑35(b), Hawaii Revised Statutes, applicable to the authority.

     SECTION 9.  Section 195H-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the Mauna Kea stewardship and oversight authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter.  The authority shall serve jointly with the University of Hawaii in fulfilling the obligations and duties under the state lease for a period of five years as established in section 195H-6.  The authority shall be placed within the department of land and natural resources for administrative purposes; provided that section [26-35] 26-35(a) shall not apply to the authority."

PART VI

     SECTION 10.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect upon its approval.

Report Title:

Mauna Kea; MKSOA; UH; Conservation District Use Permit; Transfer; Astronomical Observatories; Lease Transfer; Fee Transfer; BLNR; DLNR; Continuity of Plans and Administrative Rules; Sovereign Immunity

Description:

Clarifies the powers of the Mauna Kea Stewardship and Oversight Authority so that it may carry out its intended duties regarding land use on Mauna Kea.  Part II:  Transfers as a matter of law certain real property interests in the Mauna Kea lands to the Mauna Kea Stewardship and Oversight Authority.  Part III:  Requires the University of Hawaii to transfer the various Mauna Kea astronomical observatory conservation district use permits to the astronomical observatories.  Part IV:  Provides that the existing plans and administrative rules adopted or developed by the University of Hawaii under which Mauna Kea is currently governed remain in effect until plans and administrative rules adopted by the Mauna Kea Stewardship and Oversight Authority take effect.  Part V:  Clarifies that the Mauna Kea Stewardship and Oversight Authority has state sovereign immunity.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1194-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2592

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2592, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE MAUNA KEA STEWARDSHIP AND OVERSIGHT AUTHORITY,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Clarify the powers of the Mauna Kea Stewardship and Oversight Authority so that it may carry out its intended duties regarding land use on Mauna Kea;

     (2)  Transfer as a matter of law certain real property interests in the Mauna Kea lands to the Mauna Kea Stewardship and Oversight Authority;

     (3)  Require the University of Hawaii to transfer the various Mauna Kea astronomical observatory conservation district use permits to the astronomical observatories;

     (4)  Provide that the existing plans and administrative rules adopted or developed by the University of Hawaii under which Mauna Kea is currently governed remain in effect until plans and administrative rules adopted by the Mauna Kea Stewardship and Oversight Authority take effect; and

     (5)  Clarify that the Mauna Kea Stewardship and Oversight Authority has state sovereign immunity.

     Your Committee received testimony in support of this measure from the Mauna Kea Stewardship and Oversight Authority; Maunakea Observatories; and two individuals.  Your Committee received testimony in opposition to this measure from ʻO Makuʻu Ke Kahua; HULI PAC; Pōhaku Pelemaka; Ka Lāhui Hawaiʻi; Malu ʻAina Center for Non-Violent Education & Action; Ohanamauna; Chamber of Sustainable Commerce; and numerous individuals.  Your Committee received comments on this measure from the Office of Hawaiian Affairs; Department of Land and Natural Resources; and University of Hawaiʻi System.

     Your Committee finds that in 2022, the Legislature established the Mauna Kea Stewardship and Oversight Authority to govern Mauna Kea in a more harmonious and collaborative manner and through a mindset that honors and perpetuates Native Hawaiian cultural practices.  Your Committee recognizes that there is a need for continued refinement of the Authority's jurisdiction and responsibilities in order to ensure that it manages Mauna Kea with transparency, accountability, and respect.  This measure promotes the stewardship of Mauna Kea by clarifying the powers of the Authority.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

Your Committee believes that through this measure, the Mauna Kea Stewardship and Oversight Authority will be able to extend the leases for the use of Mauna Kea lands without triggering the requirements of chapter 343, Hawaii Revised Statutes, relating to environmental impact statements so long as there is no change in the footprint or use.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2592, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2592, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  464-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2592

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 2592 entitled:

"A BILL FOR AN ACT RELATING TO THE MAUNA KEA STEWARDSHIP AND OVERSIGHT AUTHORITY,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Clarify the intent of Act 255, Session Laws of Hawaii 2022, by explicitly declaring that the transfer of the real property interests in the lands of Mauna Kea to the Mauna Kea Stewardship and Oversight Authority on July 1, 2028, shall occur as a matter of law;

     (2)  Require the University of Hawaii to negotiate for the transfer of the various astronomical observatory conservation district use permits to the applicable astronomical observatories so that when governance by the Mauna Kea Stewardship and Oversight Authority begins, the Authority will not be in conflict;

     (3)  Clarify that the existing plans and administrative rules under which Mauna Kea is currently governed shall continue in full force and effect until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea Stewardship and Oversight Authority, takes effect; and

     (4)  Clarify that the Mauna Kea Stewardship and Oversight Authority falls under the State's sovereign immunity by explicitly making section 26-35(b), Hawaii Revised Statutes, applicable to the Authority.

     Your Committee received testimony in support of this measure from the Canada-France-Hawaiʻi Telescope; W. M. Keck Observatory; Kalihi Palama Hawaiian Civic Club; Mauna Kea Stewardship and Oversight Authority; and six individuals.  Your Committee received testimony in opposition to this measure from numerous individuals.  Your Committee received comments on this measure from the Department of Land and Natural Resources and University of Hawaiʻi System.

     Your Committee finds that this measure provides legal clarity for the governance of Mauna Kea by ensuring the Mauna Kea Stewardship and Oversight Authority can fulfill its responsibilities.  By clarifying property transfers, affirming the continuity of existing plans and rules during the transition, and explicitly providing sovereign immunity for the Mauna Kea Stewardship and Oversight Authority, this measure strengthens the foundation for effective, stable stewardship.  Your Committee further finds that this measure promotes responsible, balanced management of Mauna Kea that honors its cultural, environmental, and spiritual significance while providing certainty for all parties.

     Your Committee has amended this measure by:

     (1)  Clarifying the specific parcels to be conveyed by the Department of Land and Natural Resources to the Mauna Kea Stewardship and Oversight Authority;

     (2)  Specifying that the Mauna Kea Stewardship and Oversight Authority shall have an easement for access and maintenance in the road easement, as described in General Lease 4697;

     (3)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2592, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2592, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,