Requires the department of land and natural resources to lease the Mauna Kea summit lands at a reasonable rate that reflects the cultural value of the site; requires the University of Hawaii to rent or lease the Mauna Kea Observatory facilities a reasonable rate that reflects the scientific value of the site.

A BILL FOR AN ACT

SECTION 1. The Mauna Kea summit land is the home to advanced technology telescopes owned by world's leading astronomy institutions and universities. The summit has at least thirteen observatories, some of which are multi-million dollar projects, making it the top spot for land-based star-gazing. In addition, the summit is experiencing a steady increase in visitors which has the effect of degrading the environment.

The Mauna Kea summit land is ceded land and part of the public land trust. The summit of Mauna Kea is also home to close to a hundred archaeological sites and many traditional cultural properties eligible for listing in the National Register of Historic Places. Mauna Kea also has important ecological and geological value, and the Secretary of the Interior has designated Mauna Kea as a National Natural Landmark. The National Park Service describes Mauna Kea (White Mountain) as "the tallest mountain in Hawaii at 13,796 feet above sea level. Mauna Kea last erupted 4,000 years ago and is home to the "weiku bug" which is found nowhere else on earth. Mauna Kea is considered one of the most sacred places in all of Polynesia by native Hawaiians."

The lease agreement dated June 21, 1968, for a term of sixty-five years, between the department of land and natural resources, as lessor, and the University of Hawaii, as lessee, for the lease of the Mauna Kea forest reserve does not provide for any lease rent amount. Instead of charging lease rent, the university reportedly requires each facility to provide a percentage of its observatory time to the UH Astronomy Institute.

The legislature finds that the absence of any lease rent for the Mauna Kea summit land violates the public land trust provisions of the Joint Resolution of Annexation, approved July 7, 1898 (30 Stat. 750); and section 5(c), (d), and (e) of the Act of March 18, 1959 (73 Stat. 6) that conveyed trust lands to the State. Proceeds and income from lease or other disposition of public lands are required to be held as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians, the development of farm and home ownership on as widespread a basis as possible, for the making of public improvements, and for the provision of lands for public use.

The legislature finds that the continued violation of these provisions, which are also made applicable to the State through its Constitution by Article XII, section 4, requires and justifies the overriding of any existing lease contract in order to comply with these provisions.

The purpose of this Act is to require:

SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171-   Lease of Mauna Kea forest reserve lands. (a) The department may lease the Mauna Kea forest reserve lands, commonly known as Mauna Kea summit or Mauna Kea observatory; provided that any lease agreement provide for a lease rent at a reasonable rate that reflects the cultural value of the site.

(b) Not less than one-half of the proceeds and income from the revenues realized under subsection (a) shall be deemed public land trust proceeds as provided in section 171-18. The remainder shall be expended for maintenance and preservation of ceded lands.

(c) This section shall apply to any lease agreement in effect as of the effective date of this Act and any subsequent lease agreements or lease renewals."

SECTION 3. Chapter 304, Hawaii Revised Statutes, is amended by adding a new section to part I be appropriately designated and to read as follows:

"§304-   Lease of Mauna Kea forest reserve lands. (a) The University of Hawaii may lease the Mauna Kea forest reserve lands, commonly known as Mauna Kea summit or Mauna Kea observatory; provided that any lease agreement shall provide for a lease rent of a monetary remuneration at a reasonable rate that reflects the scientific value of the site.

(b) Not less than one-half of the proceeds and income from the revenues realized under subsection (a) shall be deemed public land trust proceeds as provided in section 171-18. The remainder shall be expended for the maintenance and preservation of the Mauna Kea observatory lands.

(c) This section shall apply to any lease agreement in effect as of the effective date of this Act and any subsequent lease agreements or lease renewals."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.