Directs the auditor to conduct studies: (1) evaluating whether the existing approval and decision-making procedures for the Mauna Kea science reserve adequately address the concerns of the public; and (2) to determine the feasibility and necessity of the creation of a Mauna Kea science reserve authority.

A BILL FOR AN ACT

SECTION 1. The Hawaiian people have revered Mauna Kea since their earliest migrations. Today, Mauna Kea is still considered one of the most sacred places in Hawaii: native Hawaiians consider the Mauna Kea summit to be the home of the goddess Poliahu, and many other religious deities. Because Mauna Kea hosts unique spiritual, cultural, historical, and natural resources, it is one of the most significant places on earth. The State's Historic Preservation Program has duly recognized Mauna Kea's cultural significance by designating the summit region a historic district, and further designating the cluster of summit cones, known as Kukahau`ula, a historic site. Mauna Kea also contains the world's largest stone adz quarry and ice age natural area reserve, and in 1962 it was placed on the list of National Historic Landmarks.

In addition, Mauna Kea is home to some of the world's rarest plant and animal life, many of which are designated endangered species, including the Wekiu bug, found nowhere else in the world.

Mauna Kea is now considered one of the world's premier sites for astronomical research because the rarified atmosphere surrounding its summit makes for excellent viewing conditions. Mauna Kea now hosts the world's premier observatories, which are owned by some of the wealthiest nations. In consideration for their use of the Mauna Kea summit, these nations pay the University of Hawaii one dollar per year in lease rent, or no lease rent at all, provided that the University receives limited use of the observatories. The astronomy research facilities located on the summit of Mauna Kea bring international recognition and status to the University and its institute for astronomy.

Supporting national and international astronomy programs is an important goal and acknowledges the scientific and educational benefits that can be realized from these endeavors. Among the benefits of astronomy research activities on Mauna Kea and their support facilities in Hilo and Waimea is employment of a significant number of Hawaii residents. The astronomy research industry is a valued economic activity for the island of Hawaii. However, unless the economic potential of Mauna Kea is fully realized, while also vigorously protecting its natural and cultural resources, there is a risk of unduly burdening taxpayers, straining the State's financial resources, and forever losing important natural and cultural resources.

Prior to August 2000, the University's institute for astronomy, in collaboration with the department of land and natural resources, managed the Mauna Kea science reserve. The institute for astronomy is headquartered at the University of Hawaii at Manoa. Thus, management of the Mauna Kea science reserve was not located on the island of Hawaii. Many residents of the Big Island perceived that off-island management was insensitive to non-astronomy issues and the concerns of local groups, such as traditional cultural practitioners, environmentalists, and recreational users. Community members believed that the institute was not committed to ensuring the protection of natural resources and was not concerned with the historic preservation of, and the cultural values associated with, Mauna Kea.

In February 1998, the auditor issued Report No. 98-6, Audit of the Management of Mauna Kea and the Mauna Kea Science Reserve. The report was highly critical of the institute of astronomy's and the department of land and natural resources' management of the science reserve and found that management was inadequate to ensure protection of the natural, cultural, and historic resources of the science reserve. In response to the concerns raised by the auditor's report, the University of Hawaii completely revised and updated its existing master plan for Mauna Kea, and developed a new Mauna Kea science reserve master plan (2000 master plan) approved by the University's board of regents on June 16, 2000. Pursuant to the 2000 master plan, the department of land and natural resources retains the primary responsibility for the protection of Mauna Kea's natural, historic, and cultural resources.

As part of the new management structure under the 2000 master plan, two advisory groups, the Mauna Kea management board, consisting of seven members representing various community stakeholders appointed by the board of regents, and Kahu Ku Mauna, consisting of nine native Hawaiian kupuna, were established to advise and direct the office of Mauna Kea management on community, environmental, cultural, historical, and other matters. However, despite the implementation of the new management structure under the 2000 master plan, public dissatisfaction with the management structure continues to be broad-based and persistent. Many residents of the Big Island continue to perceive that the University of Hawaii, institute for astronomy, and office of Mauna Kea management ignore or do not respond to concerns of local groups. In an update to Report No. 98-6, provided on March 2, 2004, the auditor reported that management of the Mauna Kea science reserve by the University of Hawaii and the department of land and natural resources continues to be inadequate.

The legislature finds a need to consider a new project approval process for the management of the Mauna Kea science reserve. Such an approval process shall ensure that decision-making procedures are open to public scrutiny. The process shall address, in a timely manner, the concerns of local groups with strong interest in the mountain, including traditional cultural and religious practitioners, environmentalists, and recreational users.

The legislature also finds a need to consider the transfer of management authority of the science reserve to a new Mauna Kea science reserve authority. This consideration is aimed at ensuring that the management of the science reserve shall be conducted in an independent manner that is in the State's best interests. The resulting management scheme must protect the area's natural, cultural, and historic resources while it adequately and timely addresses the concerns of local groups with a strong interest in the mountain. A new and independent management authority would create and implement the necessary management and fiscal processes to protect the important natural, cultural, and historic resources of the science reserve, while giving due consideration to its multiple-use management objectives.

SECTION 2. The auditor shall conduct a study to consider and address the following:

SECTION 3. In addition to the study under section 2 of this Act, the auditor shall also conduct a study to determine the feasibility and necessity of creating a new management authority whose responsibility shall be to maintain, operate, and manage the Mauna Kea science reserve and facilities attached thereto. The auditor shall consider and address the following matters regarding the maintenance, operation, and management of the Mauna Kea science reserve in the study:

SECTION 4. The auditor shall seek and incorporate the input from concerned residents of the Big Island in the study and its report.

SECTION 5. The auditor shall report its findings and recommendations to the legislature no later than twenty days prior to the convening of the regular session of 2006.

SECTION 6. This Act shall take effect upon its approval.