Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Water, Land, and Agriculture and Education and Science, Arts, and Technology, to which was referred S.C.R. No. 162 entitled:

beg leave to report as follows:

The purpose of this measure is to request the Legislative Reference Bureau to study issues relating to a new project permitting process for managing the Mauna Kea Science Reserve.

Prior to holding a public hearing on this measure, a proposed S.D. 1 was prepared and made available for public review. Testimony in support of the proposed S.D. 1 was received from the Office of Hawaiian Affairs, the Sierra Club-Hawaii Chapter, Mauna Kea Anaina Hou, and fifty individuals. Comments on the proposed S.D. 1 were received from the Board of Land and Natural Resources, the Office of Hawaiian Affairs, the Director of the Office of Mauna Kea Management at the University of Hawaii, Hilo, the Legislative Reference Bureau, the Hawaii Island Economic Development Board, and Kahea-the Hawaiian Environmental Alliance.

Your Committees find that Mauna Kea is a valuable resource to many different communities, including the Hawaiian community and the scientific community. The permitting process has been a particular source of controversy, and your Committees find that it must be resolved in a way that is respectful of the needs of these diverse users. Your Committees found disparities in viewpoints and factual allegations, but find that this only enhances the need for an even-handed study by a neutral party.

Your Committees have amended this measure by adopting the amendments in the proposed S.D. 1, and by changing the entity performing the study from the Legislative Reference Bureau to the Auditor and changing the focus from a project permitting process to a project approval process.

As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Education and Science, Arts, and Technology that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 162, as amended herein, and recommend its adoption in the form attached hereto as S.C.R. No. 162, S.D. 1.